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ORDINANCE
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.44.030 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE TO
DELETE AUTHORIZATION FOR "THE SALE OP MONUMENTS OR GRAVE
MARKERS."
WHEREAS, the Superior Court of the State of California,
County of San Bernardino, declared Ordinance No. MC-514 of the
City of San Bernardino to be invalid and in contravention of
California Health and Safety Code Section 8137 in Frank L.
Ricker, Inc., et al., v. City of San Bernardino, Case No. 235156,
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 OP SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 2.44.030, subsection A, of the San
Bernardino Municipal Code is amended to read:
"A. The Commission shall have the sole management and
control of Pioneer Memorial Cemetery, with power to contract for
the sale or endowment care of burial lots or plots within the
cemetery in accordance with a schedule of sale prices established
by resolution adopted by the Mayor and Common Council. The
president and secretary of the Commission are authorized to
execute on behalf of the City such authorized sales and endowment
care contracts. The Commission shall administer, collect and
recommend changes in rates and charges established by the Mayor
and Common Council for digging graves, preparation of graves,
setting monuments, care of plots and such other services as may
be provided."
MJD:ss
May 4, 1989
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I HEREBY CERTIFY that the foregoing ord~nance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino, at a
AYES:
meeting held on the
, 19__, by the following vote, to wit:
Council Members
(lay
of
NAYS:
ABSENT :
City Clerk
The foregoing resolution is hereby approved this
day of
, 19__.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
PENMAN,
10:,.0<, J.
Attorney
MJD:ss
May 4, 1989
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