HomeMy WebLinkAboutMC-569U
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ORDINANCE NO. t1C-569
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. MC-S14 ENTITLED IN PART "ORDINANCE . . . AMENDING SECTION
3 2.44.030 . . . TO AUTHORIZE THE SALE OF MONUMENTS OR GRAVE MARKERS
BY THE CEMETERY COMMISSION", INCLUDING FINDINGS THEREFOR, AND
4 DECLARING THE URGENCY THEREOF.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTION 1. Ordinance No. MC-S14 of the City of San
8 Bernardino is amended by adding Section 2 to read as follows:
9 "SECTION 2. Findings.
10 A. The Mayor and Common Council of the City of San
11 Bernardino, a charter city, are cognizant of their authority to
12 adopt ordinances relating to "municipal affairs"; and that City
13 Charter Section 40(m) authorizes the Common Council to provide
14 cemeteries and to regulate their management; the Mayor and Common
15 Council find that the City of San Bernardino Cemetery has for a
16 number of years provided burial services for conservatees of the
17 County Public Guardian where the Public Guardian has requested
18 such services because the City Cemetery can and will, and as a
19 policy decision does in fact, provide such service at a cost
20 within the means of the conservatee's estate; the Mayor and Common
21 Council find that the vast majority of the patrons of the City
22 cemetery are residents of the City of San Bernardino; the Mayor
23 and Common Council find that local mortuaries recommend and refer
24 families with limited funds to the City cemetery because the
25 charges for burial services are less costly than those of other
26 cemeteries.
27 B. The Mayor and Common Council are unable to appropriate
28 additional revenue for the operation of the Cemetery without
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1 impairing vital law enforcement, fire suppression and other safety
2 services to the public because of the recent losses in other
3 revenues, particularly the reduction of approximately three
4 million dollars annually, formerly provided to the City by the
5 united States of America under its Revenue Sharing Program. Those
6 reductions first affected the City's budget for fiscal year 1986-
7 1987, commencing July 1, 1986, and such funds were used in support
8 of law enforcement services.
9 C. The policy of the Mayor and Common Council of the City of
10 San Bernardino is that the City Cemetery shall continue to be self
11 supporting from revenues generated solely from the operation of
12 the Cemetery; that revenues from the sale of monuments or grave
13 markers be used for such additional support; that such revenues be
14 used for the maintenance and upkeep of the Cemetery buildings,
15 grounds, paved parking and travel areas and for administrative
16 staff.
17 D. The Mayor and Common Council further find that the sale
18 of monuments and grave markers is a municipal affair of local
19 concern, and that burial services for local conservatees can best
20 be preserved through a municipal cemetery operated under public
21 serv ice pol ic ies.
22 SECTION 2. urgency. This ordinance is an urgency measure,
23 which shall take effect and become operative upon its adoption and
24 approval.
25 The facts constituting such urgency are that there is now
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28 markers or monuments.
pending in the Superior Court of San Bernardino a court action
seeking to enjoin the City Cemetery Commission from selling grave
In order to give immediate notice to the
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I Court of the policy and findings of the Mayor and Common Council
2 with regard to this matter, and the purposes for which revenues
3 generated from the sale of grave markers or monuments are
4 expended, and providing of burial services for conservatees upon
5 the request of the Public Guardian at a cost within the means of
6 the limited fund of the estate of the conservatee, this ordinance
7 shall be effective upon its adoption.
8 I HEREBY CERTIFY that the foregoing ordinance was duly
9 adopted by the Mayor and Common Council of the City of San
10 Bernardino at a n adjourned regular
meeting thereof, held
11 on the
8th
day of
December
, 1986, by the following
12 vote, to wit:
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Council Members Estrada, Reilly, Qu1el, Frazier, Strickler
AYES:
15 NAYS: Ilone
16 ABSENT: Counci 1 Members Hernandez, Marks
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The foregoing ordinance is hereby
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ap~rovgd thi~ 9th day
of December
Approved as to form:
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City Attorney
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