Ordinance 28270006.120.022
WSS/klt
03/11/91
R:3/26/91-2
ORDINANCE NO. 2827
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ACCEPTING A $50,000 CONTRIBUTION FROM THE
HUBBARD FAMILY FOUNDATION FOR INCLUSION IN THE
CEMETERY MAINTENANCE TRUST FUND, PROVIDING FOR
MATCHING FUNDS OF $50,000 FROM THE CITY'S
COUNCIL CONTINGENCY FUND, PROVIDING AS
CONSIDERATION FOR SAID TRANSFERS OF FUNDS THE
RESTRICTION OF THE CEMETERY MAINTENANCE FUND AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, Mr. Larry Hubbard, the benefactor of the
Hubbard Family Foundation, had a deep and abiding interest in the
welfare of Edmonds Municipal Cemetery;
WHEREAS, the Hubbard Family Foundation wishes to make a
contribution of $50,000 to the City on the conditions that the
City match said funds with a similar donation of its own from
general revenue funds and that such funds as well as the balance
of the City's Cemetery Maintenance Trust Fund be restricted for
use solely for the maintenance of the cemetery and any capital
improvements or facilities located within the cemetery; and
WHEREAS, the City Council of the City of Edmonds deems
it appropriate to make such restriction in consideration of the
donation by the Hubbard Family Foundation; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A $50,000 contribution from the Hubbard
Family Foundation is hereby acknowledged. Such contribution has
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been made in consideration of the City's promise to restrict the
use of the funds, to the extent permitted by law, to the
maintenance of the cemetery and its capital improvements and the
City's promise to match such funds with a contribution of its own
to the Cemetery Maintenance Trust Fund. This ordinance has been
passed in consideration for the donation and to the extent
permitted by law, the City Council of the City of Edmonds does
hereby impress a trust upon its use of the existing trust fund
donations restricting the Cemetery Maintenance Trust Fund use as
provided in ECC 10.16.050 as provided in Section 3 below. The
City Council agrees and acknowledges that it shall not divert any
of the current fund balance, nor the funds hereby donated nor the
interest therefrom to any purpose other than the maintenance of
the Edmonds Memorial Cemetery and the capital improvements
located therein.
Section 2. The Council does hereby appropriate from
Fund No. 119 the sum of $50,000, transferring it to the Cemetery
Maintenance Trust Fund, Fund No. 610.
Section 3. The Edmonds City Code Section 10.16.050
Funds for Improvement and Maintenance of the Cemetery is hereby
amended to read as follows:
10.16.050 FUNDS FOR IMPROVEMENT AND
MAINTENANCE OF THE CEMETERY
1. There are hereby created two special
funds of the City to be known as the
Cemetery Improvement Fund and the
Cemetery Maintenance Trust Fund. The
City Council shall, each year, as a part
of the budget process, allocate revenue
from lot sales, burial fees, and all
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bequests, gifts and donations received
with respect to the cemetery on a
percentage basis to said Funds.
a. The Cemetery Improvement Fund shall
be used for special projects,
special events, capital improvements
and other nonrecurring needs of the
cemetery. Expenditures from this
Fund may be made from both principal
and income and the entire amount of
said fund may be expended in any
year when such expenditures are
within the annual budget approved by
the City Council.
b. The Cemetery Maintenance Fund shall
be expended solely for the purpose
of maintaining the cemetery and any
capital improvements or facilities
located therein. Expenditures from
this Fund shall be limited to the
income earned by said funds along
with any additional funds appropri-
ated to this Fund by the Council or
donated by any party for the purpose
of annual maintenance. To the
extent permitted by law, the Council
hereby impresses the current fund
balance of this Fund and any private
donations with a trust in favor of
the estate of any person buried
therein and the descendants of such
persons along with the Hubbard
Family Foundation and any other
persons or entities donating funds
to the Cemetery Maintenance Trust
Fund for the sole purpose of
maintenance of the cemetery and
capital improvements.
C. The Council shall consider the
number of unsold lots, the fair
market value of unsold lots and the
probable earnings of the trust fund
when fully funded by the sale of all
lots when allocating revenue. The
goal shall be to actuarially fund
the Trust Fund with sufficient
monies so that it may become and
remain a self-sufficient source of
funding for all recurring
maintenance of the cemetery.
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2. Any monies
available
managed
68.12.060.
considered
accordance
the annual
in said Funds, surplus and
for investment, shall be
Ln accordance with RCW
This section shall be
approval of investments in
with RCW 68. 12 . 065 subject to
review of the City Council in
the budget process. All investments
shall be reviewed and approved by the
Finance Director.
3. Monies shall be paid out of said funds
only upon warrants drawn by the Cemetery
Board and approved in the manner set
forth in Chapter 2.25 of the Edmonds City
Code. All warrants shall be endorsed by
the Mayor and attested by the City
Finance Director. In no event shall any
monies be expended from the Cemetery
Maintenance Trust Fund in excess of the
annual income earned nor shall any money
be diverted from such trust fund to any
purpose other than provided in this
ordinance. To the extent permitted by
law, the Council hereby prohibits itself
and future Councils from diverting funds
from the Cemetery Maintenance Trust Fund,
while reserving its right to budget
monies to or approve expenditures from
the Cemetery Maintenance Trust Fund in
future budget years as it, in its sole
discretion, shall deem appropriate in
order to actuarially provide for the
establishment of a fund which will
generate sufficient income to meet the
future foreseeable maintenance needs of
the cemetery. Expenditures of monies
from the Cemetery Improvement Fund and
the Cemetery Maintenance Trust Fund shall
be provided for in the annual budget by
the Council subject to the recommendation
of the Cemetery Board.
Section 4. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
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passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROVED:
A 7 r
MAYOR S N GHTEN
ATTEST/AUTHENTICATED:
jtITYCLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY l it JkR
FILED WITH THE CITY CLERK: March 26, 1991
PASSED BY THE CITY COUNCIL: March 26, 1991
PUBLISHED: March 31, 1991
EFFECTIVE DATE: April 5, 1991
ORDINANCE NO. 2827 _
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STATE OF WASHINGTON,
i
COUNTY OF SNOHOIKISH, {
SUMMITRY OF
1 ORDINANCE- NO.2827
jj of me c of
fdmonds, Wo�hington
On the 26th dov of March,
199.1 .the Ciiy f- cll of the CIN
of drnonds, dossed-Ordlname
•No. 2827. A summary of thb
contcaf df Bald ordinoncc,
Ca115€SUr1q of the tlfi�f, prO"Ides
us tollaws:
AN ORDINANCE OF THE C17Y
OF EDMONDS. WASHINGTON.
FAMILY FUUNUAIIVYA runt
INCLUSION 1N THE CEMETERY
MAINTENANCE TRUST FUND
PROVIDING FOR MATCONCr,
FUNDS OF SS0,000 FROM THE
CITY'S COUNCIL
FUND PIO-
mr, ASGENCY CONSd3ERAYIONLfFOR.
SAID TRANSFERS OF FUNDS
THE. RESTRICTION OF THE
CEMETERY MINYFAN
FUND AND FIXINGA T ME
WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordlnonce
will be mailed uRon re[Hlest,
DATED this 26th ddV of
Morch, 1991.
JpCOVEL INE G. PARRETT
city Cwk i
Published: March 31, 1991,
Ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........... ...................... _: f:
Summary of Ordinance No. 2827
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:
March 31, 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 ._...1,s t
April 91
dayof ............... .................... 19------...
N a FUb11C in & d for the SEatf: of Washington,
ing at Everett, Snohomish County,
B - 2 - I