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<br /> <br /> <br />I <br /> <br />AN ORDINANCE PROVIDING FOR THE CREATION OF A TRUSTEE <br />-FOl'< THE PERPETUAL CAPE AND UPKEEP OF THE SAN MARCOS <br />CEMETERY; PROVIDING FOR RULES, REGULATIONS, RECORD <br />KEEPING, AND DUT IES, OF SUCH TRUSTEE; PROVIDING FOR <br />INVESTMENT OF FUNDS; PROVIDING FOR A SUCCESSOR ON <br />F AILUPE OF TRUSTEE TO ACT; PROVIDING FOR THE ASSESS- <br />ING AND COLLECTING OF A TAX, IF REQUIRED, ON PRO- - <br />PERTY FOR THE UPKEEP; AND, PROVIDING A SAVING CLAUSE <br /> <br />WHEREAS, the City of San Marcos has ownership of a tract <br />or tracts of land known as the San Marcos Cemetery" which is used as <br />a" burial place for the dead; and <br /> <br />WHEREAS, it has been bTought to the attention of the Gov- <br />erning Body of the City of San Marcos that ~he best interest of the <br />City may be served by the City assuming the respansibility of said <br />cemetery and the enactment of an ordinance establishing the City <br />as the Trustee for the perpetual care and upkeep of said cemeteTY. <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING Booy OF <br />THE CITY OF SAN MARCOS, TEXAS: <br /> <br />I <br /> <br />SECTION I The City of San Marcos is hereby authorized and <br />empowered to act as a permanent trustee for the perpetual care and <br />upkeep of the lots, graves, bUTtal plots or blocks of lots which <br />are within the confines of the San Marcos Cemetery or which, in the <br />future, may be within the limits of said cemetery, and upon pass- <br />age of this ordinance and the acceptance of this trust, as herein- <br />after provided, the same shall become perpetual. <br /> <br />SECTION 2 The City shall make such rules, regulations and Te- <br />quirements as it may deem necessary for the orderly and efficient <br />operation of the cemetery ae to the maintenance of the grounds; <br />the burial of the dead; the erection of markers, stones or other <br />identifying media; the construction of curbs, walks or other boun- <br />dry markers; and, the planting af shrUbs, trees and flowers. <br /> <br />I <br /> <br />SECTION 3 The City shall have the right to accept any gift, <br />grant, donation or contribution from any source, and, furtheT, <br />shall have a right, from time ta time, to fix the amount necessary <br />for the permanent caTe and upkeep of. the graves, lots, and burial <br />plots. Any person desiring to have the City act as such trustee <br />for the permanent care and upkeep of gTaves or burial lots for him <br />OT those deceased persons in whom he has an interest or ta whom he <br />may feel attached, shall have the ri9ht to deposit funds, as may <br />be required by the City, for this purpose, and the acceptance by <br />~he City of the Funds so deposited shall constitute a permanent and <br />perpetual trust fund for the burial lot, grave or gTaves so desig- <br />nated. Upon acceptance by the City of such funds, the City Secre- <br />tary shall issue a certificate to the person advancing such funds <br />and the certificate shall state the purpose of the donation, the <br />amount donated, by whom donated, the location, in 50 far as possi- <br />ble, of the grave or graves, lot or plot for which perpetual caTe <br />is desiTed and such othe.r information as may be, from time to time, <br />deemed proper and necessary by the city. <br /> <br />SECTION 4 The City shall keep a permanent and well-bound book <br />in which shall be recorded, in alphabetical order, the names of <br />all persons advancing funds, the amount advanced, the na~e and <br />locations, in os far as possible, of lots and graves, the condition <br />and status of the trust imposed, and such other information 'as may <br />be, fram time to time, be deemed necessary by the City. <br />