Chapter 10.16


10.16.010    Cemetery board – Members and their terms.

10.16.020    Vacancy – Removal.

10.16.030    Officers, meeting, quorum.

10.16.040    Powers of board.

10.16.050    Annual report.

10.16.060    Funds for improvement and maintenance of the cemetery.

10.16.070    Board subordinate to council.

10.16.200    Severability.

10.16.010 Cemetery board – Members and their terms.

The cemetery board shall be composed of up to seven community members appointed by the mayor and confirmed by the city council. Members shall be appointed for four-year terms terminating on December 31st. [Ord. 3987 § 1, 2015; 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. 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. [Ord. 3987 § 1, 2015; Ord. 3095 § 2, 1996; Ord. 2839 § 2, 1991; Ord. 2306, 1982].

10.16.030 Officers, meeting, quorum.

Members of the board shall meet and organize by electing officers from the members of the board, including a chair and a vice-chair, and such other officers as may be determined by the board. It shall be the duty of the chair to preside at all meetings. The vice-chair shall perform this duty in the absence of the chair. A majority of the board shall constitute a quorum for the transaction of business. The board shall set its own meeting dates and shall give notice of such meetings in compliance with the Open Public Meetings Act of the state of Washington, as it now exists and as it may be amended from time to time. Staff assistance will be provided at the discretion of the mayor. [Ord. 3987 § 1, 2015].

10.16.040 Powers of board.

The cemetery board shall work with the parks department to:

A. Establish rules and regulations to carry out the provisions of this chapter.

B. Make recommendations for the improvement and maintenance of the cemetery.

C. Accept any gift of money or property on behalf of the cemetery. [Ord. 3987 § 1, 2015; Ord. 3095 § 3, 1996; Ord. 2839 § 3, 1991; Ord. 2306, 1982. Formerly 10.16.030].

10.16.050 Annual report.

The board shall report annually 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. 3987 § 1, 2015; Ord. 2306, 1982. Formerly 10.16.040].

10.16.060 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. Pursuant to RCW 68.52.040, 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 was established to provide for the day-to-day operations of the cemetery, including special events. Expenditures of this fund may be made both from principal and income and the entire amount of such fund may be expended in any year when such expenditures are within the annual budget approved by the city council.

2. The cemetery maintenance trust fund shall be held in trust for future expenditure solely for the purpose of maintaining the cemetery and any capital improvements or facilities located therein in the foreseeable future. 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 city council hereby impresses the current fund balance of this fund, as well as any private donations made in trust in favor of the estate of any person buried therein by the descendants of such persons, 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 its capital improvements.

3. The city council shall consider the number of unsold lots, the future 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 cemetery and maintenance 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 68.52.060. This section shall be considered approval of investments in accordance with RCW 68.52.065 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 city 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 funding 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. 3987 § 1, 2015; Ord. 3797 § 1, 2010; Ord. 2827 § 3, 1991; Ord. 2596, § 1, 1986. Formerly 10.16.050].

10.16.070 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. 3987 § 1, 2015; Ord. 2306, 1982. Formerly 10.16.060].

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. 3987 § 1, 2015; Ord. 2306, 1982].