13.1.104: DELEGATION OF AUTHORITY; ORGANIZATION:
   A.   Subject to the terms and conditions of the Memorial Health System Affiliation during its duration, City Council hereby delegates the responsibility for daily operation and management of MHS Enterprise to the Board of Trustees.
      1.   Subject to the terms and conditions of the Memorial Health System Affiliation during its duration, and subject to the general supervision and control of City Council, the Board of Trustees shall exercise complete control over the operation, expenditures, personnel and employee matters, betterments, improvements, repairs, equipment, fiscal and other policies of MHS Enterprise.
      2.   Subject to the terms and conditions of the Memorial Health System Affiliation during its duration, the Board of Trustees shall generally be empowered and authorized to do all things, not in conflict with the City Charter or this Code, for the operation, maintenance and development of MHS Enterprise.
   B.   Subject to the authorization of the MHS Enterprise Board of Trustees, and to the general supervision and control of the City Council, and subject to the terms and conditions of the Memorial Health System Affiliation during its duration, the MHS Enterprise Chief Executive Officer shall, where appropriate:
      1.   Develop MHS Enterprise services;
      2.   Develop other services as necessary to benefit citizens and other persons served by MHS Enterprise;
      3.   Develop community health and education services to enable people served by MHS Enterprise to maintain and enhance their health;
      4.   Develop strategic and operating plans to guide MHS Enterprise's long term and short term decision making;
      5.   Review annually organizational bylaws, development, education and training programs for Board members, MHS Enterprise staff, physicians and their staffs; and
      6.   Perform other duties as assigned by the MHS Enterprise Board of Trustees.
In the interest of clarity, "MHS Enterprise" does not refer to any current or future operator of leased facilities under the Memorial Health System Affiliation.
   C.   Subject to the terms and conditions of the Memorial Health System Affiliation during its duration, City Council shall retain all responsibility for land use decisions including the exercise of eminent domain, authorization for bond issuance and repayment, Board appointment and approval of the annual budget and appropriation for MHS Enterprise, and may grant on the City's behalf any approvals or consents related to the Memorial Health System Affiliation.
   D.   In accord with the provisions of the City Charter and chapter 1 of this Code, the City Attorney shall be responsible for the legal affairs of MHS Enterprise and may, as necessary, employ assistants or other counsel. (Ord. 15-67)