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HomeMy WebLinkAbout59-Parks and Recreation .. .. - 10 11 12 ........ --, --- '--",I 1 ORDINANCE 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.44.030 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE TO 3 DELETE AUTHORIZATION FOR "THE SALE OF MONUMENTS OR GRAVE MARKERS." 4 WHEREAS, the Superior Court of the State of California, 5 County of San Bernardino, declared Ordinance No. MC-514 of the 6 City of San Bernardino to be invalid and in contravention of 7 California Health and Safety Code Section 8137 in Frank L. 8 Ricker, Inc., et al., v. City of San Bernardino, Case No. 235156, 9 and that decision was affirmed by the California Court of Appeal, Fourth Appellate District, Division Two, Case No. E 004275. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 13 SECTION 1. Section 2.44.030, subsection A, of the San 14 Bernardino Municipal Code is amended to read: 15 16 "A. The Commission shall have the sole management and control of Pioneer Memorial Cemetery, with power to contract for 17 the sale or endowment care of burial lots or plots within the 18 cemetery in accordance with a schedule of sale prices established 19 by resolution adopted by the Mayor and Common Council. The 20 president and secretary of the Commission are authorized to 21 execute on behalf of the City such authorized sales and endowment 22 care contracts. The Commission shall administer, collect and 23 recommend changes in rates and charges established by the Mayor 24 25 and Common Council for digging graves, preparation of graves, 26 setting monuments, care of plots and such other services as may be provided." 27 28 MJD:ss May 4, 1989 1 ~Q OJ ... - - ...... ~ ., 1 I HEREBY CERTIFY that the foregoing ordinance was duly 2 adopted by the Mayor and Common Council of the City of San 10 11 12 13 14 3 Bernardino. at a 4 of meeting held on the , 19__, by the fOllowing vote, to wit: day 5 AYES: Council Members 6 7 NAYS: 8 9 ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 19__ Approved as to form 15 and legal content: 16 18 19 20 21 22 23 25 17 . PENMAN, BY: v~, ? 24 26 27 28 MJD:ss May 4, 1989 Evlyn Wilcox, Mayor City of San Bernardino CiZ>' Attorney ~~l, 2