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ORD 2010-04 - Cemetery Board May Choose Chair & Vice-Chair 10-20-2009ORDINANCE NO. 2010 -4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ORDINANCE NO. 2002 -18 CREATING THE HUNTSVILLE CEMETERY ADVSIORY BOARD BY AMENDING SUBSECTION "a" ENTITLED "Creation; number of members" OF SECTION ONE BY ADDING A NEW SUBSECTION "a ", MAKING VARIOUS FINDINGS RELATED TO THE SUBJECT; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council previously created the Cemetery Advisory Board pursuant to an agreement between the City and Oakwood Cemetery Association; and WHEREAS, the City Council has studied the provisions of Ordinance 2002 -18 and finds and determines that it is appropriate and proper to Amend Ordinance 2002 -18 by authorizing the Huntsville Cemetery Advisory Board to select its own Chairman from the appointed 11 members; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. Ordinance Number 2002 -18 of the City of Huntsville, Texas is hereby amended by replacing subsection "a" entitled "Creation; number of members" of Section 1 with a new subsection "a" which shall provide as follows: a) Creation; number of members. The Board provided for herein shall be comprised of eleven (11) members to be recommended by the Mayor and approved by City Council. The Board shall select from the 11 members a person to serve as Chair of the Board and a person to serve as Vice - Chair. The Director of Community Services shall serve as an ex- officio member of the Board. Section 3. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Huntsville, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 4. The City Secretary is directed to attach this Ordinance to Ordinance 2002 -18. Ord. Amending Ordinance 2002 -18 Section 5. The City Council finds that notice was posted and the ordinance was passed in accordance with the Open Meetings Act. PASSED AND APPROVED THISatt) day of D, r- 2009. ATTEST: City e ary Ord. Amending Ordinance 2002 -18 CITY OF HUNTSVILLE, TEXAS yI i.w-er, Ma or APPROVED AS TO FORM: City Attorney