Chapter 10.16
CEMETERY BOARD
Sections:
10.16.010 Cemetery board – Members and their terms.
10.16.020 Vacancy – Removal.
10.16.030 Powers of board.
10.16.040 Meetings – Annual report.
10.16.050 Funds for improvement and maintenance of the cemetery.
10.16.060 Board subordinate to council.
10.16.070 Cemetery board alternates.
10.16.200 Severability.
10.16.010 Cemetery board – Members and their terms.
The cemetery board shall be composed of seven community members, plus two additional persons to serve as alternates, as provided under ECC 10.16.070. Board members and the alternates shall be appointed for four-year terms terminating on December 31st. [Ord. 3095 § 1, 1996; Ord. 2839 § 1, 1991; Ord. 2570, 1986; Ord. 2306, 1982].
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. [Ord. 3095 § 2, 1996; Ord. 2839 § 2, 1991; Ord. 2306, 1982].
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.
Provided that, the person serving as a cemetery board alternate shall not possess any of the preceding powers until such person becomes a cemetery board member. [Ord. 3095 § 3, 1996; Ord. 2839 § 3, 1991; Ord. 2306, 1982].
10.16.040 Meetings – Annual report.
The board shall hold such meetings as are necessary to perform the functions set forth herein and as set forth in its rules and regulations. The board shall report at least quarterly to the council concerning the operations of the cemetery, the short and long term goals of the board concerning the cemetery and a report on the activities of the board. [Ord. 2306, 1982].
10.16.050 Funds for improvement and maintenance of the cemetery.
A. 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 bequests, gifts and donations received with respect to the cemetery on a percentage basis to said funds.
1. 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.
2. 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 appropriated 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, 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.
3. 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.
B. Any monies in said funds, surplus and available for investment, shall be managed in accordance with RCW 68.12.060. This section shall be considered approval of investments in accordance with RCW 68.12.065 subject to
the annual review of the city council in the budget process. All investments shall be reviewed and approved by the finance director.
C. 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 ECC. 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 chapter. To the extent permitted by law, the council hereby prohibits itself and future councils from diverting funds for 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. [Ord. 2827 § 3, 1991; Ord. 2596, § 1, 1986].
10.16.060 Board subordinate to council.
The cemetery board shall, at all times, be deemed subordinate to the city council and the city council shall have power to settle all disputes and regulate, modify and supervise the exercise of the powers herein granted. [Ord. 2306, 1982].
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 ECC 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. [Ord. 3095 § 4, 1996; Ord. 2839 § 4, 1991].
10.16.200 Severability.
If any word, clause, phrase or other portion of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining words, clauses, phrases and other portions of this chapter shall not be affected. [Ord. 2306, 1982].