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<br />SECTION 5 The City Ihall have the right to invest and reinvest
<br />the funds advanced to it for perpetual care in interest-bearing
<br />bonds or securities of the CitY"of San MaTcas, the State of Texas
<br />OT the Federal Government. The interest, revenue, or ather ac-
<br />crual or increase of the funds advanced for a spec'''~c "'raVE,
<br />graves, lat or burial plot shall be used first for the maintenance,
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<br />care, upkeep of the particular lot, grave, graves, or burial plot
<br />for which the advancement or donation was originally made. In
<br />the event af a reasonable excess of revenue from such specific
<br />funds, such excess may, in the discretion of the GoveTning Body,
<br />be used to beautify the whole cemetery generally, but at no time
<br />shall any paTt of the oTiginal or principal amount, first ad-
<br />vanced or donated for the care, upkeep or maintenance of a
<br />specific grave, graves or burial plot, ever be used by the City
<br />and the original amount shall Temain and be kept intact as a
<br />pTincipal trust fund.
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<br />SECTION 6. All certificates shall be issued in the name of
<br />the City af. San Marcos to the trustee or person making the ad-
<br />vancement as hereinbefore provided and the holder shall have the
<br />right, upan payment of the proper fees and costs, to have the
<br />same recorded in the Deed Records of Hays County, Texas, accord-
<br />ing to law.
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<br />SECTION 7 None of the rights, powers and duties herein pro-
<br />vided shall deprive any person having a proper interest in a grave
<br />or burial plot, OT kinship within the third degree by affinity or
<br />consanguinity to those interred therein, from beautifying or
<br />caring for the same individually or, at his own expense, subject,
<br />always, to the rules and regulations imposed by the City of San
<br />Marcos. .
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<br />SECTION 8 In the event that the City of San Marcos should,
<br />after having engaged upon and accepted the trust herein provided
<br />for, renounce such trust, or fail or refus~ to act further as
<br />such trustee, as hereinbefore provided, then the District Judge
<br />of Hays County shall appoint a suitable successor to act in lieu
<br />of the City of San Marcos and to carry out and faithfully execute
<br />the trust herein provided.
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<br />SECTION 9 The City of San Marcos shall have the Tight to
<br />include in its annual budget such sum as may be deemed necessary
<br />for the maintenance and upkeep of the cemetery and shall have the
<br />right power and authority to assess and collect an ad valorem
<br />tax upon all property within the city, in accordance with statu-
<br />tory pTovisions, for the maintenance and upkeep of the cemetery
<br />although part or parts of it may be without the city limits.
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<br />SECTION lO Should any phrase, clause, sentence, paTt or sec-
<br />tion of this ordinance be declared invalid by a court of compe~
<br />tent jourisdiction, then the remainder shall in no way he affected
<br />and all such portions not declared invalid shall remain in full
<br />force and effect.
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<br />PASSED, APPROVED, AND ADOPTED THIS THE l4th day of
<br />March AD, 1961.
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<br />MaYOT
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<br />ATTE~
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<br />Secretary
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