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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 -