HomeMy WebLinkAboutord1999-025WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1999 - 169
CLEARANCES Date Date Received in Council O6ce Agenda Date Assigned To
Ong. Dept,: Haehlh
5/4/99
R E G e d V I� �
If Il ira- Ib V l—
MAY 04 1999
WHATCOM COUNTY
COUNCIL.
5/11/99
Board ofHealN
Division Head:
Dept. Head'.
pr°se`ad°
Budget:
FxKuWe:
SUBJECT:
Ord. amending WCC 24.01 - Purpose Limitation on Liability & Dept. Establishment
ATTACHMENTS
SUMMARYSTATEMENT:
ReWM COUrrty CnnVact N: Should the Cleric schedule a heating ? (YIN) Raquaalad Date:
RECOAZtdENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999 -169 ad 199. Adopted 7 -0 Ord, #99-025
Related File Numbers: Ordinance or Resolution Number (this item only):
oRD 9q - OZ5
Sponsored By: Nelson
Proposed By: Health
Introduction Date: 5/11/99
6 ORDINANCE NO. 99 -025
7
8 AMENDING WHATCOM COUNTY CODE 24.01
9 PURPOSE LIMITATION ON LIABILITY AND DEPARTMENT
10 ESTABLISHMENT
11
12 WHEREAS, the Health Department is now the Health and Human
13 Services Department; and
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15 WHEREAS, the Health Department Advisory Board was created with
16 adoption of Ordinance 91 -040 to replace the Health Advisory Committee; and
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18 WHEREAS, Ordinance 91 -040 was codified into the Whatcom County
19 Code, amending various sections including Title 24.01; and
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21 WHEREAS, Board of Health charged a subcommittee of the Board of
22 Health and the Health Department Advisory Board to review the membership of
23 the advisory board; and
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25 WHEREAS, Board of Health members have determined that the language
26 adopted in 1991 should be amended to provide appropriate representation,
27 tresponsibility and direction to the Advisory Board;
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29 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
30 that Title 24.01 is hereby amended as indicated in Exhibit A to this ordinance.
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32 ADOPTED this 1 day of JaNE , 1999.
33
34 WHATCOM COUNTY COUNCIL
35 ATTEST: _ WHATCOM COUNTY, WASHINGTON
37 r
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40 Dana Brown- Davis, Clerk of Council
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46 Randy Watts,(CPVef Civil Deputy Prosecutor
47
Marlene Dawson, Council Chair
Pete Kremen, County Executive
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Exhibit A to Ordinance No.
WHATCOM COUNTY CODE TITLE 24.01
24 01 050 Creation of health board.
A. The Whatcom County council shall constitute the official county health board, in
accordance with RCW 70.05.035. Items for health board consideration shall be referred to the
county council, unless required by law. (Ord. 95 -055; Ord. 93 -024; Ord. 91- 040(part); Ord. 90-
10 Exh. A (part); Ord. 89 -24 (part)).
and environmental health. ldMMIM6
7 24.01.060 Powers and duties of health board.
8 The county council in its capacity as health board shall have the following legislative powers, in
9 accordance with RCW70.05.060, and other legislative duties that may be established by state or
10 county law:
11 A. Enact such local rules and regulations as are necessary in order to preserve, promote
12 and improve the public health and provide for the enforcement thereof;
13 B. Establish fee schedules for issuing or renewing license or permits for such services as
14 are authorized by the law and the rules and regulations of the State Board of Health or as
15 recommended by the executive; such fees for services shall not exceed the actual cost of
16 providing any such services;
17 C. mspt ffem time to time with FopEesematives ef tbA sitigg with whiph th@ dapaAmen
19 D.C. Make recommendations to the executive on matters affecting public health.
20 All issues to be addressed under the powers of the health board shall be processed through the
21 county council under the forms and procedures established for the normal conduct of county
22 business as established by the Charter, ordinance or administrative procedure. All ordinances,
23 resolutions, and other actions taken by the county council relating to issues under the jurisdiction
24 of the health department, or as otherwise specified in this title, are made under the joint
25 authorities of both general county powers and specific health department authorities contained in
26 RCW Title 70. (Ord. 95 -055; Ord. 91 -040 (part);Ord. 90 -57 (part); Ord. 89 -24 (part)).
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28 24.01.080 Contracts for the sale of health services.
29 nine .. enth., from April , 1989 to n,.,.,......u,._ 31 198 n
department provide
31 alld quality as has been done in the past and at a east determined by the health district's 1999
32 budget, based on the r_........... h:,.h he..h,...,..,.t _., been employed fe. that r , re
33 B. fl@F 19m-' 989, A. In accordance with RCW 70.10.150, the department shall cooperate
34 with and enter into contracts or interlocal agreements with the cities in the county to provide
35 those cities, health services, which may include enforcing appropriate city ordinances as has been
36 done in the past. The contracts shall be on such terms and under such conditions as the Executive
37 shall negotiate and they shall be reviewed by the County Council prior to the County Council's
38 adoption of the annual budget. The department may receive monies from public and private
39 entities to carry out services set forth in this chapter.
40
41 _ea :_ _ by the health district.
42 All consensual eorinraets, agFeements, rights and obligations either in e,, e «..f,.« against the
43 health district at thA tims, the grdinanpA Pedifisd in this ntlP hppemss Pff�stive shall eaminue in
44 full force and effeei, andFesponsibility thefef,._ shall be t_ansfe« ea to the e,. _., heath
45 department. (Ord.91 -040 (part); Ord. 89 -24 (part)).
1 24.01.4-99 090 Nonconsensual claims against the health district.
2 Nonconsensual claims against the Bellingham Whatcom County health district, health officer or
3 health board claimed to be caused before the effective date of the ordinance codified in this title
4 from such things as, but not limited to, nonfeasance, misfeasance, malfeasance, negligence,
5 interference with contractual relations, breach of contract or lack of due process are not assumed
6 by the county health department. She county may administer such claims as it deems
7 appropriate, and shall charge the cost of administration of the claim and/or the cost of any
8 settlement, award or damages agreed or determined owing as a result of actions of the health
9 district or its agents back against the entities which comprised the health district in accordance
10 with the same formula which would have been used to determine contributions had the district
11 not been dissolved. (Ord. 91 -040 (part); Ord. 89 -24 (part)).
12
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14 24.01.44 -0 700 Severability.
15 If any part of this title is deemed illegal, the validity of the remaining portions shall not be
16 affected and the rights and obligations of the parties shall be construed as if the title did not
17 contain the particular illegal part. If it would appear that any provisions of this title are in conflict
18 with any statutory provisions of the state of Washington, such provisions of the title shall be
19 deemed inoperative and void and shall be modified to conform to such statutory provisions.
20 (Ord. 91- 040(part); Ord. 89 -24 (part)).