City of Aurora, MO Chapter 235 Community Hospital

Cross References: Administration, Title I; finance, Ch. 130, Art. IV; streets, sidewalks and other public places, Ch. 535.

Article I In General

Section 235.010 Purpose.

[Ord. No. 2022-3266, 9-27-2022[1]]

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.

[1] Editor's Note: Ord. No. 2022-3266 superseded former Chapter 235, Community Hospital, containing Sections 235.010 through 235.160.

Section 235.020 Name Of Hospital.

[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."

Article II Hospital Board

Section 235.030 Creation And Establishment Of An Aurora Hospital Board And Board Members.

[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.

Section 235.040 Ex Officio Members.

[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.

Section 235.050 Terms — Vacancies.

[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.

Section 235.060 Officers.

[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.

Section 235.070 Operations And Voting.

[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.

Section 235.080 Scope Of Duties.

[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.

Section 235.090 Financial Accountability And Administration.

[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.