A RESOLUTION ESTABLISHING MEMORIAL LAWN CEMETERY AS COWLEY COUNTY MEMORIAL LAWN CEMETERY TO BE MANAGED AND OPERATED AS A COWLEY COUNTY OPERATING DEPARTMENT WITHIN THE COWLEY COUNTY GENERAL FUND IN ACCORDANCE WITH K.S.A.17-1367

WHEREAS, Cowley County assumed ownership and responsibility for memorial lawn cemetery in 1994 as the result of a suit instituted by the Kansas Attorney General pursuant to K.S.A. 17-1367; and

WHEREAS K.S.A. 17-1368 authorizes a municipality so entrusted with the ownership, management and perpetuation of a cemetery to contract with any individual, firm, corporation or association for the care and maintenance thereof; and

WHEREAS, the Board of County Commissioners of Cowley County by the adoption of Resolution 94-2 created a five member Memorial Lawn Cemetery Advisory Board to assist Cowley County with the management and operation of Memorial Lawn Cemetery; and

WHEREAS, the Cowley County Commission no longer requires the services of an advisory board for the day-to-day management and operation of Memorial Lawn Cemetery but does desire the continuation of a Memorial Lawn Cemetery Advisory Committee to provide oversight and advice regarding the use of Memorial Lawn Cemetery Trust Funds received from donations, assistance and coordination of public events involving the use of the cemetery, and advice regarding cemetery operating policies:

NOW THEREFORD, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COWLEY COUNTY, KANSAS THAT:

1. Resolution 94-2 is hereby rescinded.

2. There is hereby created a five-member advisory committee to be called the Cowley County Memorial Lawn Cemetery Advisory Committee to advise and assist the Board of Cowley County Commissioners regarding the following: a. To use any donated monies as the committee may determine is appropriate for capital improvements and/or other expenditures for the benefit of Memorial Lawn Cemetery as provided by Cowley County Resolution 94-5 b. Assist in public ceremonies and events involving the cemetery. c. Give advice regarding adopted cemetery policies, rules and regulations.

3. Memorial Lawn Cemetery shall hence forth be called Cowley County Memorial Lawn Cemetery

4. The day-to-day management and operation of the cemetery shall be at the direction of the Board of Cowley County Commissioners through the County Administrator to the Cemetery Sexton who shall be the Department Head for the Cowley County Memorial Lawn Cemetery Department. 5. The operating budget shall be a budget within the Cowley County General Fund and all day-to-day operating expenditures from the budget shall be made by the Cemetery Sexton with the advice of the County Administrator and approval of the Board of County Commissioners. 6. All revenues received by the Cemetery Department, except donations to the Memorial Lawn Cemetery as provided in Cowley County Resolution 94-5, shall be designated as revenue to the Cowley County General Fund to be used in support of cemetery operations and, as such, be submitted to Cowley County treasurer on a timely basis. 7. The Cowley County Memorial Lawn Cemetery Advisory Committee is hereby authorized to receive from time to time donations of monies to be held and managed by said Cemetery Advisory Committee as previously authorized by the Memorial Lawn Cemetery Advisory Board as described in Resolution 94-5. 8. All cemetery department employees shall be Cowley County employees, to be employed by the County in accordance with Board of County Commission adopted Cowley County Personnel Rules and Regulations and to be compensated in accordance with the Cowley County Position Classification and Pay Plan. 9. The Cemetery Sexton, as department head, shall prepare and submit a proposed annual budget to the County Administrator, who shall in turn, submit the proposed budget to the Cowley County Board of Commissioners for review and approval.

This Resolution shall take effect upon its publication in the official county newspaper.

DATED this 17th of February, 2004.

BOARD OF COUNTY COMMISSIONERS OF

COWLEY COUNTY, KANSAS

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Dick Bonfy, Chairman

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Randy Storey, Vice-Chairman

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Margie Berrie, Commissioner

ATTEST:

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Carmelita Clarkson, County Clerk