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HomeMy WebLinkAbout26-City Attorney lU.. JV o o 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 1 4.6 u o o 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 2 y