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Ordinance 28390006.120.058 JGR/naa/klt 03/22/91 R:06/20/91 ORDINANCE NO. 2839 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE CHAPTER 10.161 CEMETERY BOARD, AND ADDING A NEW SECTION TO THAT CHAPTER PROVIDING FOR THE APPOINTMENT OF A PERSON TO SERVE AS AN ALTERNATE ON THE CEMETERY BOARD; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds is a noncharter code city organized and existing under the provisions of Title 35A of the Revised Code of Washington, and WHEREAS, the City Council of the City of Edmonds has determined that it is in the best interest of the City to appoint a person to serve as an alternate on the City Cemetery Board, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Edmonds City Code (ECC) section 10.16.010 is hereby amended to read as follows: 10.16.010 CEMETERY BOARD - MEMBERS AND THEIR TERMS The Cemetery Board shall be composed of seven community members, plus one additional person to serve as an alternate, as provided under section 10.16.070. Board members and the alternate shall be appointed for four (4) year terms terminating on December 31. Section 2. ECC section 10.16.020 is hereby amended to read as follows: JGR002240 -1- 10.16.020 VACANCY - REMOVAL Vacancies occurring other than through the expiration of terms may be filled for the unexpired terms, and the person serving as the Cemetery Board alternate shall be given priority in filling a vacancy. Members may be removed by the Mayor, with approval of the City Council, after a public hearing before the City Council for inefficiency, neglect of duty or malfeasance in office. Members shall also be removed for failure to maintain attendance as required by provisions of the Edmonds City Code. The person serving as the Cemetery Board alternate shall be subject to the same provisions for removal as for members. Section 3. ECC section 10.16.030 is hereby amended to read as follows: 10.16.030 POWERS OF BOARD The Cemetery Board shall have full power to manage the operation of the municipal cemetery and to that end shall have powers: A. To establish rules and regulations to carry out the provisions of this chapter. B. To regulate the sale and location of burial lots and/or to contract with persons to provide such services. C. To provide for the improvement and maintenance of the cemetery. To that end the Board shall submit proposed maintenance and capital improvement budgets to the City Council in conjunction with the budget process for the City. D. To determine the types of plantings, monuments and markers that will be permitted for the proper and most attractive development of the cemetery. E. To accept any gift of money or property on behalf of the cemetery. F. In carrying out duties and responsibilities, the Board shall have JGR00224O -2- such staff assistance as authorized by the Mayor. Provided that, the person serving as the Cemetery Board alternate shall not possess any of the preceding powers until such alternate becomes a Cemetery Board member. Section 4. A new section 10.16.070 is added to the Edmonds City Code to be entitled "Cemetery Board Alternate" and to read as follows: 10.16.070 CEMETERY BOARD ALTERNATE In addition to the seven Board members, one alternate person shall be appointed to the Cemetery Board and shall serve subject to the following provisions: A. In the absence of a regularly appointed Board member, the alternate shall exercise the powers attributed to Board members in section 10.16.030 and shall be subject to the same requirements regarding attendance and other attributes of the position. B. When a vacancy upon the Cemetery Board arises, the replacement member shall be appointed to the open position, and in the event that the alternate is appointed to the Board as a Board member, a new person shall be appointed to serve as the Board alternate. Section 5. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. This ordinance, being an administrative action, is not subject to referendum and shall take effect five JGR00224O -3- (5) days after this ordinance or a summary thereof consisting of the title is published. APPROVED: ATTEST/AUTHENTICATED: IT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: I: J� _ .�M FILED WITH THE CITY CLERK: June 20, 1991 PASSED BY THE CITY COUNCIL: June 25, 1991 PUBLISHED: June 30, 1991 EFFECTIVE DATE: July 5, 1991 ORDINANCE NO. 2839 JGR00224O -4- Affidavit of Publication STATE OF WASHINGTON, J COUNTY OF SNOHOIVISH, SUMN R 0�i " f -" The undersigned, being first duly sworn on oath deposes and says ORDINANCE NO. 2A39 I rdMondseCf Woshinaton that she is Principal Clerk of THE HERALD, a daily newspaper the ctiv courKif of Q 61ty°d Edmonds, pdssed Ordinance No. and printed P published in the City of Everett, County of Snohomish, content of ssv d rdlnpnDf ee consisfinq of the If1ie, provlycs and State of Washington; that said newspaper is a newspaper of o� follows: A# ORDINANCE. OF THE CITY general circulation in said County and State; that said newspaper OF OMOND WA� HINGTON AhAtw DING 'DMDNDS CNI CODE CHAPTER . has been approved as a legal newspaper by order of the Superior 10.16, C AA TERY BOARD AND A I G A Nr4W SECTION TO 'THAT Court of Snohomish County and that the notice CHAPTER PROVIDlNr, FOR THE APPOINTMENT OF A ........................................ P RSON TO 'SERVE AS AN A rERNAT$ ON THE EMETERYBOARD' AND Summar of Ordinance No 2839 ....... -................ —........ ................................. ...'............... . S7Ag✓ ISHING AN EFF C7IVE DATE. ........ ................. ...... ............... The fall text. of this Ordinance WIll'bo nulled upon request. PATED'this 26 dqv of June, 1991. --- ................................... ................... .._..........._.......................... --- ............. ......... JACQLELINE G. VARRET7 CHV i:ferk- - puhllsheit Julie 4A, 1991. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: June 28, 1991 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this....... 9th day of_... ........ ....................Jun 19.. .. No y Public n an for the State of Washington, r ing at Everett, Snohomish County. B-2-1