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Ordinance 2016-14 - Ord. 2016-14 - update Cemetery Board formation ordinance - 4-16 r r ORDINANCE NO. 2016-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ORDINANCE 2002-18 CREATING THE HUNTSVILLE CEMETERY ADVSIORY BOARD BY AMENDING SECTION 1(d) ENTITLED DUTIES OF BOARD BY ADDING UPDATING DUTIES LISTED; AMENDING ORDINANCES 2002-18 AND 2010-04 BY MAKING TYPOGRAPHIC CORRECTIONS THROUGHOUT SECTION 1; 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 updating Section 1(d)Duties of Board. and by correcting the numbering and lettering incorporated in both Ordinance 2002-18 and Ordinance 2010-04 into a new document as noted below in Section 2 authe.izing the Huntsville Ge n oto d Board t, eleet its „ Chairman ftem the appointed 11 ; 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. Seetion 2. Ofdinanee 2002 18 of the Gity of Huntsville, Texas is her-eby amended by feplaeing subseetien "d' entitled' uties efBear4'ef Seetieft 1 ,with anew subseetieft"d'whieh shall pr-evide as fellows: d) Duties ef the Bear4 The BeaFsltall: ; z. Review and r0 0eapital0 0 Gemetei= 4. Review and r-eeemmend-the plaeement of hister;eal ke inOakwood� t cvriccnzTiaiiccr:rlrce-iirec 5. Review and make reeemmendations to afnend er- ehange C14APT-ER 16 CEMETERIES of thee Munieipal Lodes H. Review F;.,.,.,..;..1 ro ef4s and p eet updates p ided by City staff-; 7. Rees-. -mman-1 and apply f r 14atel ll....,,...,ney T..., (140T)Funds as determined appropriate. Section 2. Ordinances 2002-18 and 2010-04 of the City of Huntsville, Texas are hereby amended by replacing all subsections with the text below: 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 annually 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 Parks and Leisure shall serve as an ex-officio member of the Board. B. Terms staggered. Five of the members of the Board originally appointed shall be for a term of one (1) year, and the Chair and six of the members of the Board originally appointed shall be for a term of two(2) years. Thereafter,the term of each Board member shall be two(2)years. C. Meetings. Six members of the Board shall constitute a quorum for the conduct of business. The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation except for reimbursement of authorized expenses attendant to the performance of their duties. The Board shall elect the vice-chair annually from among its members. The Board shall meet regularly and shall designate the time and place of its meetings. Meetings shall be held in accordance with the I Open Meetings Act. The Board shall adopt its own rules of procedure and keep a record of its proceedings. Newly appointed members shall be installed at the first regular meeting after their appointment. D. Duties of the Board The Board shall: 1. Encourage and support raising contributions for the Oakwood Cemetery endowment fund; 2. Review and recommend capital improvements to Oakwood Cemetery; 3. Encourage and support seeking government and private grants for improvement of Oakwood Cemetery; 4. Review and recommend the placement of historical markers in Oakwood Cemetery; 5. Review and make recommendations to amend or change CHAPTER 16-CEMETERIES of the Municipal Code; 6. Review financial reports and project updates provided by City staff; 7. Recommend and apply for Hotel Occupancy Tax(HOT)Funds as determined appropriate. E. Sub-committees. To accomplish these responsibilities, the Board may establish sub-committees. Each sub-committee shall be chaired by a Board member with an unspecified number of community volunteers chosen by the Board as working sub-committee members. 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 Ordinances 2002-18 and 2010-04. 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 THIS day of f-1 r— 2016. C UNTSVILLE,TEXAS 1 e^- An y au nger, Mayor Or T: APP OV AS TO FORM: t Lee dward,City Secreta Le d Schneider,City Attorney