Section 9.10

PREAMBLE: An emergency ordinance is necessary for the immediate preservation of the public health and welfare of the citizens of the City of Tracy, Minnesota to repeal the Hospital Board ordinance, define the duties of the Tracy City Council regarding Tracy Municipal Hospital funds and create a Community Board to advise the City Council during the term of the lease of Tracy Municipal Hospital by the City of Tracy to Sioux Valley Health Network commencing July 1, 1997.

Subd 1. REPEAL OF HOSPITAL BOARD ORDINANCE. TRACY CITY CODE SECTION 9.10 creating and describing the powers and duties of the Hospital Board for Tracy Municipal Hospital is hereby repealed.

Subd 2. COMMUNITY HOSPITAL BOARD. The Community Hospital Board of Tracy Community Hospital, formerly Tracy Municipal Hospital, shall be an advisory Board to the City Council of the City of Tracy with limited authority to act on behalf of the City of Tracy relating to the best interests of Tracy Community Hospital. Community Board action shall be subject to ratification by the City Council in all instances.

Subd 3. AUTHORITY AND ORGANIZATION. The Community Hospital Board shall be an advisory Board to the City Council created by specific powers conferred pursuant to Tracy City Charter Section 2.02 with Board powers and duties generally described in that certain Hospital Lease dated June 23, 1997 by and between the City of Tracy and Sioux Valley Health Network, such lease adopted herein by reference, together with Community Board powers and duties more specifically described in this ordinance.

Subd 4. APPOINTMENT. The Tracy Community Hospital Board shall consist of nine (9) members which shall have four (4) appointees, if possible, from the following geographical areas: Currie - Lake Shetek area, Balaton area, Walnut Grove - Westbrook area and Milroy-Lucan area. The remaining five (5) members of the Board shall be the current Tracy City Administrator, a current member of the Tracy City Council and three (3) current residents of the City of Tracy. Ex Officio members of the Board shall be the Hospital Administrator and Tracy City Attorney, both of whom shall have no voting rights. Board members shall be appointed by a majority vote of the City Council. Appointed Board members shall serve without compensation with reimbursement for expenses. No member of said Board shall be an employee at Tracy Community Hospital or Tracy Medical Clinic. Employees of the City of Tracy are eligible to be appointed Board members.

Subd 5. TERM, VACANCY OF OFFICE AND REMOVAL. After the initial Board is appointed, Board members shall be appointed for three (3) year terms from August 1st following the appointment and serve no more than three (3) consecutive full three (3) year terms. The initial Board of Directors shall consist of the persons appointed by the City Council who shall serve from August 1 following their appointment until the times indicated by the City Council at the time of their appointment. The initial Community Board shall be appointed at three (3) different graduated terms. Seven (7) members shall be appointed to the initial Board: two (2) members being appointed for one (1) year, two (2) members being appointed for two (2) years and three (3) members being appointed for three (3) years with all subsequent appointments being for a term of three (3) years from August 1st following the appointment Board members shall be eligible for reappointment after a one (1) year absence. Vacancies in the Board shall be filled by City Council appointment for the remainder of the unexpired term. Any member of the Board may be removed for cause upon an affirmative vote of five (5) members of the City Council.

Subd 6. POWERS, MEETINGS AND BY-LAWS. Nothing in this ordinance shall be construed to vest any power in the Board to construct any additional medical clinics or hospitals, additions to medical clinics or hospitals, appurtenant medical clinic or hospital structures or to levy and impose taxes in the City of Tracy, such powers being reserved to the City Council. The Board shall hold regular meetings not less than once each month with a majority of the Board constituting a quorum. At the first regular meeting, the Board shall elect a president and vice-president from the Board and adopt by-laws. The Board shall also elect a secretary-treasurer from the Board or otherwise. The officers shall have such duties and hold their offices as the by-laws shall prescribe.

Subd 7. COMMUNITY HOSPITAL FUNDS: REVENUES AND EXPENDITURES. All funds received as: present dedicated funds, lease revenues of Tracy Community Hospital from Sioux Valley Health Network, Hospital pledges or contributions thereto, and tax levies for Tracy Community Hospital purposes, except designated revenues and/or tax levies for bond service, shall be deposited and kept in a separate account by the Tracy City Council to be used solely for Community Hospital purposes.

Subd 8. ANNUAL AUDIT AND OTHER REPORTS. The Board shall submit to the City Council an annual report based upon the annual audit conducted by Sioux Valley Health Network and Board of the Community Hospital operations and other reports as required by Board action or requested by the City Council.

Subd 9. FISCAL YEAR. The fiscal year shall be based upon the calendar year utilized by the City of Tracy.

Subd 10. EFFECTIVE DATE OF EMERGENCY ORDINANCE. This emergency ordinance shall become effective immediately after its adoption by the City Council.