SR-903-001 (7)
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City Council Meeting 7-8-86
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Santa Monica, California
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STAFF REPORT
TO:
Mayor and City council
FROM:
City Attorney
SUBJECT:
Ordinance Establishing Mausoleum Perpetual Care Fund
At its meeting on July 1, 1986, the City Council introduced
for first reading an ordinance establishing a Mausoleum Perpetual
Care Fund. The ordinance is now presented to the city Council
for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Martin T. Tachiki, Deputy city Attorney
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city council Meeting of 7-8-86
Santa Monica, California
ORDINANCE ~1BER 1378 (ees)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
CREATING A MAUSOLEUI1 PERPETUAL CARE
FUND BY AMENDING ARTICLE 7, CHAPTER 3
OF THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOHS:
SECTION 1.
section 7302A of the Santa Honica Municipal
Code is amended to read as follows:
SECTION 7302A.
"Cemetery Fund" is
the fund in the City accounting system
set apart for the deposit of all monies
received from the sales of all items and
services, except for the specific items
of Cemetery perpetual Care and Mausoleum
Perpetual Care.
SECTION 2. Section 7303 of the Santa Monica Municipal Code
is amended and recodified as follows:
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SECTION 7303A.
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"Cemetery Perpetual
Care Fund" is the sinking fund set apart
in the city accounting system for the
deposit of all monies received for
Cemetery Perpetual Care.
SECTION 3. section 7303 of the Santa Monica Municipal Code
is amended to recodify and add the following:
SECTION
7303B.
"l1ausoleum
Perpetual Care Fund" is the sinking fund
set apart in the city accounting system
for the deposit of all monies received
for Mausoleum Perpetual Care. This fund
shall also include the EndoWMent Care
Fund for the Mausoleum which shall cease
to exist after its transfer to the
Mausoleum Perpetual Care Fund.
SECTION 4.
Section 7306 of the Santa Monica Hunicipal
Code is amended to read as follows:
SECTION 7306. Perpetual Care shall
be sold with all burlal plots, crypts I
and niches. No part of the principal of
the Cemetery Perpetual Care Fund or
Mausoleum Perpetual Care Fund shall be
expended for any purpose other than for
such lawful investments as the City
Council may direct. The interest derived
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from
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such
investments
shall
be
transferred to the Cemetery Fund for
payment of the expenses of perpetual
Care.
Cemetery Perpetual Care shall be
limited to the income received from the
investment of the Cemetery Perpetual Care
Fund and Uausoleum Perpetual Care shall
be limited to the income received from
the investment of the Mausoleum Perpetual
Care Fund.
SECTION 5.
Any provision of the Santa Honica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 6.
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance.
The city Council hereby
declares that it would have passed this ordinance and each and
every section,
subsection,
sentence,
clause or phrase not
declared invalid or unconstitutional \vi thout regard to whether
any portion of the ordinance \'lOuld be subsequently declared
invalid or unconstitutional.
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SECTION 7. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance. This City Clerk shall
cause the same to be published one in the official newspaper
within 15 days after its adoption.
The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS J
City Attorney
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Adopted and approved thIS 8th day of July, 1986.
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I hereby certIfy that the foregoIng OrdInance No. 1378 (CCS)
was duly and regularly Introduced at a meetIng of the CIty
CouncIl on the 1st day of July 1986j that the saId OrdInance was
thereafter duly adopted at a meeting of the CIty CouncIl on the
8th day of July 1986 by the f01lowlng CouncIl vote:
Ayes: Councllmembers: Conn, EpsteIn, A. i<atz, H. Katz,
Zane and t'1ayor Reed
Noes: Councllmembers: None
AbstaIn: Councllmembers: None
Absent: Councllmembers: JennIngs
ATTEST:
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CIty Clerk