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ORD 2002-18 - Create Cemetery Advisory Board 09-03-2002ORDINANCE NO. 2002-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CREATING THE HUNTSVILLE CEMETERY ADVISORY BOARD TO ASSIST IN RAISING CONTRIBUTIONS FOR THE CEMETERY ENDOWMENT FUND AND CAPITAL IMPROVEMENTS; SETTING THE NUMBER OF MEMBERS OF THE BOARD; ESTABLISHING MEETINGS AND PROVIDING FOR A QUORUM; DEFINING THE DUTIES OF THE BOARD; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City of Huntsville has assumed ownership and maintenance of Oakwood Cemetery from the Oakwood Cemetery Association pursuant to a court order and agreement between the City and the Oakwood Cemetery Association; and WHEREAS, pursuant to such agreement, the City agrees to create a cemetery advisory board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: There is hereby created the Huntsville Cemetery Advisory Board, which shall be governed by the following rules and regulations: 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 Mayor shall recommend the person to serve as Chair of the Board and such recommendation shall be approved by the City Council. The Director of Parks & Recreation 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 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 Board. The Board shall: 1. have the primary responsibility for raising contributions for the Oakwood Cemetery endowment fund and for capital improvements to Oakwood Cemetery; 2. Carry out such other tasks as the City Council may designate; and 3. Seek government and private sector grants for improvement of Oakwood Cemetery. d) 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 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3: This ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS 3RD DAY OF SEPTEMBER 2002. THE CITY OF HUNTS LLE William B. Gre n, Mayor A T: Danna Welter, City Secretary APPROVED: aul C. Isham, City Attorney ORDINANCE 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. 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 THISo`1Dk day of DdCoLqr- 2009. ATTEST: Ord. Amending Ordinance 2002 -18 CITY OF HUNTSVILLE, TEXAS J. APPROVED AS TO FORM: chneider, City Attorney