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Ordinance 30950006.120.058 PAO /rin 05/28/96 ORDINANCE NO. _399_ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 10.16 OF THE EDMONDS CITY CODE IN ORDER TO PROVIDE FOR THE ADDITION OF AN ALTERNATE BOARD MEMBER TO THE EDMONDS CEMETERY BOARD AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Edmonds City Code, Chapter 10.16 currently provides for one alternate to serve on the Edmonds Cemetery Board, and WHEREAS, the Edmonds Cemetery Board is subject to high turnover and more than one alternate member is needed in order to ensure that the Cemetery Board is always served with a full complement of members, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10. 16.010 of the Edmonds City Code is hereby amended to provide as follows: 10. 16.010 CEMETERY BOARD - MEMBERS AND THEIR TERMS The Cemetery Board shall be composed of seven (7) community members, plus two (2) additional persons to serve as alternates, as provided under Section 10.16.070. Board members and the alternates shall be appointed for four- (4) year terms terminating on December 31. Section 2. Section 10. 16.020 of the Edmonds City Code is hereby amended to provide as follows: PA0133483.10 -I- 10. 16.020 VACANCY - REMOVAL Vacancies occurring other than through the expiration of terms may be filled for the unexpired terms, and the persons serving as the Cemetery Board alternates 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 persons serving as the Cemetery Board Alternates shall be subject to the same provisions for removal as for members. Section 3. Section 10. 16.030 of the Edmonds City Code is hereby amended to provide 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 such staff assistance as authorized by the Mayor. PA0133483.10 -2- Provided that, any person serving as a Cemetery Board alternate shall not possess any of the preceding powers until such person becomes a Cemetery Board member. Section 4. Section 10. 16.070 of the Edmonds City Code is hereby amended to provide as follows: 10. 16.070 CEMETERY BOARD ALTERNATES In addition to the seven Board members, two alternate persons 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, an 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. Between the two alternate members, the alternate member who has served upon the Cemetery Board for the longest period of time shall be the first to serve in a vacant regularly appointed Board member 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 an alternate is appointed to the Board as a Board member, a new person shall be appointed to serve as the Board alternate. Section 5. Severability. 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. PA0133483.10 -3- Section 6. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: 05/31/96 PASSED BY THE CITY COUNCIL: 06/04/96 PUBLISHED: 06/09/96 EFFECTIVE DATE: 06/14/96 ORDINANCE NO. 3095 PA0133483.10 -4- SUMMARY OF ORDINANCE NO. 3095 of the City of Edmonds, Washington On the 4th day of June , 199 6 , the City Council of the City of Edmonds, passed Ordinance No. 3095 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 10.16 OF THE EDMONDS CITY CODE IN ORDER TO PROVIDE FOR THE ADDITION OF AN ALTERNATE BOARD MEMBER TO THE EDMONDS CEMETERY BOARD AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 6th day of June , 199 6 �.�2cg.a -cam CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHOIVIISH, A summery said ordo- of the title, OF THEI CEMETERY ' BOARDMVANO FIXING A TIME WHEN THE, SAME SHALL BECOME EF- FECTIVE. The full text of this Ord] -, nance will be mailed upon reqguest. DATED this 61h day gf June, 1998. SANDRA S. CHASIV City Cferk Published: June 9, 1996. B -2 -f a& Affidavit of Publication RECEIVED J U N 13 1996 EDMONDS CITY CLERK 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 ......... ............................... City of Edmonds ............................. ...... .............. . ...... °-----.........................I.............. .........................------ Qrd.zn.?�.G -.3095 ' ......... ...................................................................................... ............................... 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 9, 1996 ......................................................................................................'--------------------- .......... . ... - - -' .... ................... ...... . . . ... -.:... ........ ............................................ to th t aid newspaper was regu My distribu ed to its subscribers luring all of said period., Principal Clerk 11th Subscribed and sworn to before me this ................ ... ......... dayo .......... June.......... ....... . . .. ....... 19......9.6 ---------------- ---- -- - - - - -' .. .............. - - - - - -- .....-- •------- - - - - -- ----- ...- .......--------- ........... otary Public in and for the tat of Washington, residing at Everett, Snoho ounty. 00,fOE i q_N X40 ?AR t- �� 5- 9- 9P�+wi OF w1 t59'