SR-903-001 (8)
..
" e
CA:RMM:mtts34/hpw
City council Meeting
YP3-t?O/
.
g'~
JU' 2 4 19B'
califord!k. f 1m
6-24-86
Santa Monica,
STAFF REPORT
TO:
Mayor and City council
FROM:
City Attorney
SUBJECT:
Ordinance Establishing Mausoleum Perpetual Care Fund
INTRODUCTION
On May 13, 1986, the city Attorney was directed to draft an
ordinance establishing a Mausoleum Perpetual
Care Fund.
Accompanying this Staff Report is an ordinance establishing a
Mausoleum Perpetual Care Fund and amending other sections of
Article 7, Chapter 3 of the Municipal Code in order to provide
for implementation of this fund in a manner consistent with the
Cemetery Perpetual Care Fund.
ANALYSIS
Section 1 amends Municipal Code section 7302A to exempt the
Mausoleum Perpetual Care Funds from the Cemetery Fund.
section 2 recodifies Municipal Code section 7303 by
renumbering it Section 7303A due to the addition of section
7303B.
section 3 adds Municipal Code section 7303B which
establishes the Mausoleum Perpetual Care Fund.
Section 4 amends Municipal Code section 7306 to provide for
investments guidelines by the city council and limiting Perpetual
- 1 -
~-c,
JON 2 4 l!86
t \tl:\~
Jut. .-,
.
Care expenditures~o the income generated b~he perpetual care
funds.
Section 5, 6/ and 7 are standard provisions of all
ordinances.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
Martin T. Tachiki, Deputy City Attorney
- 2 -
.
.
.
RMM:MTT:vc:mtto32jhpw
city Council Meeting of 6-24-86
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
CREATING A MAUSOLEUM 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
FOLLOWS:
SECTION 1.
section 7302A of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 7302A.
II 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:
- 1 -
"
.SECTION 7303A.
.
"Cemetery Perpetual
Care Fundll 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.
"Mausoleum
Perpetual Care Fundll 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 Municipal
Code is amended to read as follows:
SECTION 7306. Perpetual Care shall
be sold with all burial plots, crypts,
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
- 2 -
.
from 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 Mausoleum Perpetual Care shall
be 1 imi ted to the income received from
the investment of the Mausoleum Perpetual
Care Fund.
SECTION 5.
Any provision of the Santa Monica 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 without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
- 3 -
~
SECTION 7. tile Mayor shall sign and ~ 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:
~ ~. ~-..
ROBERT M. MYERS
City Attorney
- 4 -