[Ord. No. 2022-3266, 9-27-2022]
A. The purpose of this Chapter is to establish the policies, procedures,
duties, and responsibilities of the Aurora Hospital Board.
1.
The City of Aurora owns a public facility that has historically
been used as an Acute Care Community Hospital within the City and
serves Aurora and the surrounding area. This facility is located at
500 Porter Avenue, Aurora, Missouri 65605.
2. The Aurora City Council and the Aurora Community Hospital Board of
Trustees after conducting appropriate public hearings and receiving
public input, determined that the course of action having the greatest
chance to succeed in providing continuing quality health care to citizens
of Aurora and the surrounding area was to lease the Aurora Community
Hospital facility (the "Facility") to a qualified healthcare entity
that would occupy and utilize the Facility as an Acute Care Community
Hospital and subsequently be responsible for the management, operations,
and administration of this Facility.
3.
The purpose of this Chapter is:
a.
To assign the duty and responsibility for monitoring and ensuring
compliance, by both parties, with the lease agreement dated November
1, 2001 (the "Lease'') by and between Mercy Health Springfield Communities
f/k/a St. John's Health System, Inc. (the "Lessee'') and Aurora Community
Hospital (the "Lessor''), to the Aurora Hospital Board; and
b.
To establish clear guidance and accountability for the City
of Aurora City Council to:
(1)
Ensure that the Facility subject to the lease is maintained
by the Lessee in a good state of repair;
(2)
Ensure that the Facility complies with all State hospital safety
codes and is maintained in a manner consistent with the applicable
standard of care for the level of services provided at the Facility;
(3)
Ensure that the Facility meets local, State, and Federal public
building standards with regard to all applicable local, State and
Federal laws regarding public accommodation, specifically the American
with Disabilities Act of 1990; and
(4)
Ensure that the public funds that are derived from the Lease
of this public Facility are used in accordance with the terms of the
Lease, are expended in a manner consistent with the City of Aurora
financial policies, generally accepted accounting principles as set
forth by the Governmental Accounting Standards Board, and comply with
all other applicable Federal, State and local laws.
c. Establish guidelines for the Aurora Hospital Board to annually report
on the status of the Lease with the Lessee, the condition of the Facility,
completed improvements to the Facility, planned improvements of the
Facility, a detailed accounting of the expenditures related to the
Facility improvements, and/or the financial status of the Community
Hospital Capital Improvement Fund as established through the Lease.
4.
The provisions of this Chapter are subject to the terms of the
Lease. In the event of any inconsistency or conflict between the terms
of this Chapter and the terms of the Lease, the terms of the Lease
shall govern and control.
[Ord. No. 2022-3266, 9-27-2022]
The name of the community hospital facility is hereby designated
"The Aurora Community Hospital" which Lessee operates as "Mercy Hospital
Aurora."
[Ord. No. 2022-3266, 9-27-2022]
A. There
is created and established an advisory board to be known as the "Aurora
Hospital Board" for the City of Aurora.
B. The
Mayor, with the approval of the City Council, shall appoint a Aurora
Hospital Board of seven (7) Board Members. Three-fifths (3/5), five
(5) of such Board Members shall be citizens of the City. The other
two-fifths (2/5), two (2) of such Board Members need not be citizens
of the City but shall be citizens of the State of Missouri. Each Board
Member shall serve without compensation.
[Ord. No. 2022-3266, 9-27-2022]
A. The
following serve on the Aurora Hospital Board as ex-officio, non-voting
member whose presence does not count towards meeting quorum requirements:
1. The Mayor of the City or his/her designee.
2. The City Manager or his/her designee.
[Ord. No. 2022-3266, 9-27-2022]
Initially one (1) Member shall be appointed for a term of one
(1) year; two (2) Members shall be appointed for a term of two (2)
years; two (2) Members shall be appointed for a term of three (3)
years; and two (2) Members shall be appointed for a term of four (4)
years, thereafter each member of the Aurora Hospital Board shall be
appointed for a term of four (4) years unless the Board Member is
filling a vacancy created by the resignation, death or removal of
another Board Member, in which case the appointed Board Member shall
simply serve out the unexpired term of the Board Member who is being
replaced.
[Ord. No. 2022-3266, 9-27-2022]
The members of the Aurora Hospital Board shall organize annually
at the first meeting after the first day of August by electing one
(1) of their members as President, and one Board Member (1) as President
Pro Tem.
[Ord. No. 2022-3266, 9-27-2022]
A. The
board shall select its own officers, and if not specifically addressed
herein, make its own operational rules and regulations to govern its
meetings, schedule its own meetings' dates and times for the convenience
of its members. A majority of the members shall be a quorum for the
transaction of business. An affirmative vote of the majority of the
entire Aurora Hospital Board is required for approval of any motion
put before the board.
B. As
an advisory board of the City of Aurora, a political subdivision of
the State of Missouri, the Aurora Hospital Board and Aurora Hospital
Board Meetings are required to, and shall fully comply with Chapter
610, RSMo., colloquially known as the "Missouri Sunshine Law," in
all regards. This includes the posting of the agenda, recording and
posting of the meeting minutes, voting upon motions of the board,
retention of records, and all other requirements as set forth in the
Missouri Sunshine Law.
C. The
Aurora City Clerk serves as the custodian of records for the City
of Aurora. In accordance with Section 610.023, RSMo., the Aurora City
Clerk or his/her designee, shall be responsible for posting the agenda
of the meetings of the Aurora Hospital Board, recording the minutes
of meetings of the Aurora Hospital Board, retaining any records of
the Aurora Hospital Board in the official records of the City of Aurora,
make them available for public viewing and other necessary tasks for
ensuring that the City of Aurora and the Aurora Hospital Board fully
comply with the Missouri Sunshine Law.
D. The
board shall hold regular and special meetings, and if any member shall
be absent for three (3) consecutive meetings without good cause, his/her
office may be declared vacant by resolution of the City Council, whereupon
a new Board Member shall be appointed as provided in this Chapter
to fill such vacancy.
E. The
Mayor, at the request of the majority of the Aurora Hospital Board
and with the consent of the City Council, may remove any appointed
member to the Aurora Hospital Board at any time for good and sufficient
cause. Cause, shall include, but not limited to, violations of the
conflict of interest laws, any violation of any applicable law, regulation
or policy, being in arrears to the City, neglect of duty, and failure
to comply with the attendance policy.
F. The
board shall make a detailed report to the City Council at the second
City Council meeting in January of each year. This report shall provide
information regarding the status of the Lease with the Lessee, the
condition of the Facility, completed improvements to the Facility,
planned improvements of the Facility, a detailed accounting of the
expenditures related to the Facility improvements, and/or the financial
status of the Community Hospital Capital Improvement Fund as established
through the Lease.
[Ord. No. 2022-3266, 9-27-2022]
A. The
duties of the Aurora Hospital Board are:
1. To serve as a liaison between the Aurora City Council and the Lessee
of the Aurora Community Hospital to monitor and ensure compliance,
by both parties, with the Lease dated November 1, 2001; and
2. To work collaboratively with the Lessee to ensure proper maintenance
and upkeep of the Facility; and
3. To work collaboratively with the Lessee to ensure that the Facility
complies with all State hospital safety codes and is maintained in
a manner consistent with the applicable standard of care for the level
of services provided at the Facility; and
4. To work collaboratively with the Lessee to ensure that the Facility
meets local, State, and Federal public building standards with regard
to all applicable local, State and Federal laws regarding public accommodation,
specifically the Americans with Disabilities Act of 1990, unless approved
prior to implementation of this revised Chapter; and
5. Review all proposed capital improvement and equipment projects by
the Lessee for the Facility and approve proposed improvements as the
board sees appropriate; and
6. Review all bids for proposed capital improvements and equipment expenditures
to ensure that the bids comply with the City of Aurora procurement
policy, and all other applicable Federal, State and local laws; and
7. Review all reimbursement requests from the Lessee for reimbursement
of capital improvement or equipment expenses for the Facility in accordance
with the Lease and approve as the board sees appropriate; and
8. Submit all requests for reimbursement to the City Treasurer for processing and payment and approval by the Aurora City Council in accordance with Section
110.130 and Section
130.120 and Section
130.140 of the Municipal Code of the City of Aurora, Missouri.
[Ord. No. 2022-3266, 9-27-2022]
A. The
Aurora Community Hospital is a facility whose construction and improvements
have been financed through the use of public funds beginning in 1946
and continuously thereafter; therefore, the Facility is a publicly
owned asset and subject to all local and State laws governing such.
B. The
revenues received by the City of Aurora through the Lease of the Aurora
Community Hospital are public funds and are subject to all applicable
State laws governing financial administration of political subdivisions
within the State of Missouri, as well as the ordinances set forth
in the Municipal Code of the City of Aurora, Missouri, regarding the
financial administration of the City of Aurora.
C. Assets.
1. The legal title to all real property and improvements thereon, together
with the equipment and furnishings, shall remain at all times vested
in the City and under the general control of the City Council, subject
only to the supervision and delegated authority vested in the Aurora
Hospital Board by this Chapter, unless otherwise transferred to Lessee
pursuant to the Lease.
2. The City of Aurora shall retain legal and day-to-day control and
administration, as Lessor of the Facility, of all cash, including
investments thereof, and revenues derived from the Lease but not including
revenues generated by Lessee through medical services delivered by the
Lessee. In accordance with the terms set forth in the Lease, these
funds shall be used for capital improvements of the Facility or as
otherwise mutually agreed upon between the Lessor and the Lessee.
These public funds are subject to all applicable State laws governing
financial administration of political subdivisions within the State
of Missouri. Furthermore, these assets are subject to the applicable
ordinances set forth in the Municipal Code of the City of Aurora,
Missouri, regarding the financial administration and associated processes
of the City of Aurora.
D. The
City Council reserves unto itself the final sale, lease or transfer
of all land, buildings or equipment (excluding equipment owned by
Lessee) which have been used for hospital purposes as such.
E. The Aurora Hospital Board shall be authorized to sell and dispose of equipment owned by the City of Aurora and declared surplus or obsolete as is provided in Section
135.160 of the Municipal Code of the City of Aurora, Missouri.
F. If
the Aurora Community Hospital shall cease to be used as a hospital,
all property, both real and personal and of every type and description,
shall automatically revert to the direct control and management of
the of the City Aurora provided that this Section shall not apply
to personal property owned by Lessee unless said property was purchased
with funds from the Community Hospital Capital Improvement Fund.
G. The
Aurora Hospital Board shall have only the powers and authority specifically
vested in them by this Chapter and shall have no power to obligate
or bind the general revenues of the City, nor to bind the City for
any indebtedness for any purpose, and this Section shall be notice
to all persons dealing with the Aurora Hospital Board.