HomeMy WebLinkAbout538 Special District – “Zephyr Haven Nursing Home Authority Ordinance” g ik/ ORDINANCE NO. • 538
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ZEPHYRHILLS, FLORIDA ENACTED TO CREATE A
DEPENDENT SPECIAL DISTRICT KNOWN AS THE ZEPHYR
HAVEN NURSING HOME AUTHORITY; PROVIDING FOR
CREATION OF THE "ZEPHYR HAVEN ' NURSING HOME
AUTHORITY ORDINANCE " ; PROVIDING FOR
DECLARATION OF INTENT ; PROVIDING FOR
DEFINITIONS; PROVIDING FOR CREATION AND
PURPOSE; PROVIDING FOR MEMBERSHIP, TERMS OF
OFFICE , _ OFFICERS , QUORUM, MEETINGS AND
REMOVAL; PROVIDING FOR POWERS AND DUTIES OF
THE AUTHORITY; PROVIDING FOR COMPENSATION AND
TRAVEL 'EXPENSES ; PROVIDING FOR ' BUDGET; ,
PROVIDING FOR EMPLOYMENT OF A NURSING HOME
ADMIIISTRATOR; PROVIDING FOR' TITLE TO NURSING
21OME LAND AND IMPROVEMENTS TO BE RETAINED BY
CITY ; PROVIDING FOR TORT LIABILITY OF
AUTHORITY; PROVIDING FOR COMPLIANCE WITH STATE
REQUIREMENTS; PROVIDING FOR DISSOLUTION;
PROVIDING FOR COLLECTION OF NON-AD VALOREM
' • ASSESSMENTS; PROVIDING FOR DETERMINATION OF
FINANCIAL EMERGENCY; PROVIDING FOR DESIGNATION
OF REGISTERED OFFICE AND REGISTERED AGENT;
PROVIDING FOR MEETING SCHEDULES, NOTICE, '
REQUIRED REPORTS; • PROVIDING •FOR AUDITS AND
FILING; PROVIDING THAT THIS ORDINANCE SHALL
SUPERSEDE CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Zephyrhills, Florida owns and operates a
nursing home known as Zephyr Haven Nursing Home located in- the-
City of Zephyrhills; and
WHEREAS, the City desires to ensure that the nursing home is •
operated and managed as effectively as possible to protect and
safeguard the public health, safety and welfare of'-the residents
of the City; arc]. - - .
WHEREAS, 'che City has determined that the nursing home can be
most effectively operated and managed by creation and appointment
of a separate public authority to operate and manage the nursing
home; and
WHEREAS, Section . 189 .4041., Florida Statutes, provides the
City with the authority to create by ordinance a separate public
entity to operate and manage the nursing home.
NOW, THEFJ;?ORE, BE IT ORDAINED by the City Council of the
City of Zephyrtills, Florida.
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' Record .and.:-Return "to
City Clerk's. Office j O.R. 2029P EO111
5335. 8th Street -•-. ... . . ... -.
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. Zephyrl i.11 s, 'FL 33540 ..
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SECTION ONE
Short Title.
This Ordinance may be cited as the Zephyr Haven Nursing Home
Authority Ordinance.
SECTION TWO
Declaration of Intent.
The intent• . and purpose of this Ordinance is to protect and
safeguard the public, health, safety and welfare of the residents
of the City ofZephyrhills, Florida, by creating the Zephyr Haven
Nursing Home Authority to operate and maintain the City owned
nursing home, known as Zephyr Haven Nursing Home, located in the
City.
SECTION THREE
Definitions.
(1) . "Authority" means the. Zephyr Haven Nursing Home
Authority.
(2) "City" means the City of Zephyrhills.
(3) "City Council" means the governing body of the City
of Zephyrhills.
(4) "Department" means the Department of Community
Affairs of the State of Florida.
( 5) "Dependent Special District" means a local unit of
special-purpose government within a limited boundary as defined by
Section 189.403(2) , Florida Statutes.
( 6) "Nursing Home" means the City owned nursing home
within the territorial limits of the City of Zephyrhills now known
as the Zephyr Haven Nursing Home.
(7) ''Registered Agent" means an agent of the Authority
upon whom any •process, notice or demand required or permitted by
law to be served upon the Authority may be served.
SECTION FOUR
Authority; creation and purpose.
There is hereby created a body politic and corporate to be
known as the Zephyr Haven Nursing Home Authority. The Authority
shall be considered a dependent special district for purposes of
Chapter 189 Florida Statutes. The exercise by the Authority of
•
the powers conferred upon it by this Ordinance will be deemed to
be for an essential and proper public purpose.
SECTION FIVE
Membership; terms of office; officers; quorum; meetings;
removal.
( 1 ) The Authority shall consist of five members
appointed by the City Council. As a condition of eligibility for
appointment and to hold office, each member shall be a resident of
Pasco County, Florida. .
(2) The term of office for each member shall be two
years. Each term shall expire on June 1 in the year of expiration
of the term. .
(3 ) A chairperson, vice chairperson, and secretary
shall be chosen by and from the Authority membership. The term of
office for the chairperson, vice chairperson, and secretary shall
be one year, and no member shall hold the same office for more
than two consecutive terms.
. (4) A quorum shall consist of three members, but the
affirmative vote of not less than three members shall be necessary
to take any action except to adjourn.
(5) The Authority shall meet at least once each month
at such times and places within the City as shall be determined by
the Authority.
(6) Any member may be removed by the City Council, but
only for Grounds, constituting misfeasance, malfeasance or
nonfeasance in office, or upon conviction of any crime. The
unexcused failure to attend three consecutive regular meetings of
the Authority shall be deemed nonfeasance, without limiting the
meaning of that term.
(7) Vacancies . in office shall be filled by the, City
council for the balance of the term, not later than 30 days after --
notice of the vacancy has been given to the City Council.
(8) No officer or employee of the City of Zephyrhills
and no officer or employee of Pasco County shall be eligible for
membership on the Authority. No member of said Authority shall be
interested in the profits or emoluments of any contract, work,,
O.R. 2029 PAGE 0113
sale to or service for the nursing home, and any such contract in
which a member is or may be interested, shall be declared void by
the City Council of the City of Zephyrhills.
SECTION SIX
Powers and duties.
The Authority shall have jurisdiction over the operation and
management of Zephyr Haven Nursing Home. The Authority shall
have the following specific powers and duties:
( 1 ) To enter into contracts and to sue and be sued in
its own name;
(2) To manage and operate the Zephyr Haven Nursing Home
for the City of Zephyrhills to the end that the same might be
operated to the degree of greatest service to the community and
with efficiency and economy.
(3) To prescribe and enforce rules and regulations for
the nursing home staff and employees.
( 4 ) To employ such personnel - for the proper and
efficient operation of the nursing home and establish and fix the
respective salaries thereof.
( 5) To prescribe and enforce rules and regulations
under which persons may be admitted to the nursing home, to
establish reasonable rates and charges for the facilities and
services thereof and provide for the payment or collection of such
rates and charges. -
( 6) To assume the custody of all the real and personal
property of the nursing home and provide for the proper
preservation and disposal of the same, subject to approval of the
City Council.
(7) To provide for the proper accounting of all funds
collected or derived from the operation of the nursing home, the
proper disbursement thereof for the reasonable and necessary
operating expenses thereof and the payment of any surplus funds to
the City under such rules as may be prescribed by law or by the
City Council. The Authority is hereby authorized to establish and
retain an operating surplus which shall be under the control of
said Authority.
D.R.o.R. 2029 PAGE 0
(8) To employ a nursing home administrator, director or
superintendent to actively supervise the operation of the nursing
home in accordance with the policy, : rules and regulations
established by the Authority, who shall. serve at the pleasure of
the Authority, and to fix his salary.
(9) To adopt a budget annually, and to amend it during
the fiscal year, subject to approval by the City Council.
( 10 ) To purchase, authorize or provide for, the
purchase -of such supplies . and equipment in accordance with
appropriations therefor duly made in the annual budget of the
Authority as approved by the City Council.
( 11) To receive, expend and properly account for all
special funds donated or given by. any person, firm, or. corporation
to the Zephyr Haven Nursing Home to be used for a specific purpose
designated by the donors of such funds.
(12) To adopt and alter an official seal;
(13) To maintain an office within the City;
(14) To issue revenue bonds or refunding bonds of the
Authority to pay the cost of such acquisition, construction,
reconstruction, improvement, or equipment, subject to approval by
the City Council.
(15) To do all acts and things necessary or convenient
to carry out the purposes of the. Authority.
SECTION SEVEN
Compensation and travel expenses... .
The members shall receive no salary or other compensation for
their services as members of the Authority. The Authority shall,
however, have authority to pay reasonable costs and expenses
necessarily incurred by the members in performance of their
duties. The rate for travel expenses shall not exceed the rate
1 i for--City employees-.
SECTION EIGHT
Budget.
The Authority shall during each fiscal year prepare and adopt
an annual budget for such revenue and expense accounts as the
Authority shall prescribe for its operations in the ensuing
' 0.R. 2 0 2 0 Pa6E 01.1_ 4
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fiscal year for approval by the City Council. The fiscal year of
the Authority shall be the same as that of the City. The budget
shall include all estimated revenues and all estimated
expenditures for the ensuing fiscal year.
SECTION NINE
Nursing Home Administrator.
The Authority shall employ an experienced nursing home
administrator to administer all nursing home operations. The
decision to employ or terminate the employment of the nursing home
administrator shall require the four-fifths vote of the members of
the Authority.
SECTION TEN
Title to nursing home land.
The title to the land and improvements , comprising the Zephyr
Haven Nursing Home shall continue to be vested in the City of
Zephyrhills.
SECTION ELEVEN
Liabilities.
The Authority shall be liable for its obligations and for
damages caused by the negligent acts or omissions of the
Authority. The Authority shall be deemed to be an agency of the
State for the purposes of Section 768.28, Florida Statutes.
SECTION TWELVE
State Requirements.
The Authority shall comply with all _ applicable creation,
dissolution and reporting requirements set forth in Chapter 189,
Florida Statutes.
SECTION THIRTEEN
Dissolution.
The Authority' s charter may be revoked and the Authority
dissolved by a resolution of the - Authority. A copy. of any such
resolution shell be filed within thirty (30) days after the
effective datc; of the dissolution with the Special District
Information Program of the Department and with the City.
G.R. 4 4 PAGE d 114
SECTION FOURTEEN
Collection of Non-Ad Valorem Assessments.
The Authority shall provide for the collection of annual non-
ad valorem assessments in accordance with Chapter 197, Florida
Statutes or monthly non-ad valorem assessments in accordance with
Chapter 170, Florida Statutes.
SECTION FIFTEEN
Determination of Financial Emergency.
The Authority shall notify, the . Governor, and Legislative
Auditing Committee of the Department when the health, safety, and
welfare of the citizens of the State of Florida are affected by
the occurrence of one or more of the conditions described in
Section 218 . 503, Florida Statutes, or if said_ condition or
conditions will occur -" if action is not taken. to assist the
Authority.
SECTION SIXTEEN
Designation of Registered Office and Agent. Within six (6)
months of the effective date of this ordinance, the Authority
shall designate a registered office and registered agent and file
such information with the Department and the City. The registered
agent shall be an agent of the Authority upon whom any process,"
notice, or demand 'required or permitted by law to be served upon
the Authority may be served. The registered agent shall be an
individual resident of the State of Florida whose business address
is identical with the registered office of the Authority.. The
Authority may change its .registered office or change its
registered agent, or both, upon filing such information with the
Department and with the City.
SECTION SEVENTEEN
Meeting Schedules; Notice; Required Reports.
The Authority shall fileannuallya_ schedule of its regular
i i
meetings with the City. The schedule shall include the date, time
and location of each scheduled meeting. All meetings of the
Authority shall be open to the public and governed by the
provisions of Chapter 286, Florida Statutes. All meetings of the
O.R. 2 0 2 9 PAGE 0115
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Authority shall be held in a public building located in the City.
SECTION EIGHTEEN
Audits; Filing.
The Authority shall make provisions for an annual independent
post audit of its financial records as provided in Section. 11.45,
Florida Statutes. A copy of the audit shall be filed with the
City. All reports of information required to be filed with the
City under Sections 11.45, 189.416, 189.417, 218..32 and 218.34,
Florida Statutds, and this Ordinance shall be filed with the City
Clerk.
SECTION NINETEEN
Conflicting Ordinances.
This Ordinance shall supersede all ordinances or parts of
ordinances in conflict herewith.
SECTION TWENTY
Severability.
If any section, paragraph, sentence, clause, phrase or word
of this Ordinance is for any reason held to be unconstitutional,
inoperative, invalid or void by any court of competent
jurisdiction, such holding shall not affect the remainder of this
ordinance.
SECTION TWENTY ONE
Inclusion in the Code of Ordinances.
The provisions of this Ordinance shall become and be made a
part of the code of ordinances of the City of Zephyrhills,
Florida. The sections of this Ordinance may be remembered or
relettered and the word "ordinance" may be changed to "section" ,
"article" or such other appropriate word or phrase in order to
accomplish such.
SECTION TWENTY TWO
Effective Date.
This Ordinance shall become effective October 1, 1991.
O.R. 2029PAGE 0116
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The foregoing Ordinance No. ..S-n was read and passed on its
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first reading in open and regular meeting by the City Council of
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• the City of Zephyrhills, Florida on the ,- day of • - ,
, . . .., .
. 1991. ,. .
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Ordinance No - was read and passedop.,,its . .
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second reading ih'1;;pen.„„ nd regular meeting by the City Council of
theCof-Zephyrhills, Florida on the ol711- day of
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V-11Pfqxieg6ing Ordinance No. 53 was read and, passed - on its
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third readingin open and regular meeting by the City Council of
the City of Zephyrhills, Florida on the --7 day of9" i' ,-- .
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The foregoing Ordinance No. 5.3% was approved by me this iitIL
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day of • ,, '
4•. • . , A.D. , 1991.
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