O-848-4-88ORDINANCE NO. 848-4-88
AN ORDINANCE OF THE CITY COUNCIL, CITY OF ALLEN, COLLIN
COUNTY, TEXAS SIGNIFYING THE CITY OF ALLEN'S INTENTION TO
ACT AS TRUSTEE OF THE ALLEN CEMETERY; TO ASSUME
ADMINISTRATION OF THE ALLEN CEMETERY ENDOWMENT FUND,
PROVIDE PERPETUAL CARE OF THE ALLEN CEMETERY'S
GROUNDS, AND THE ESTABLISHMENT OF A SPECIAL ACCOUNT TO
MAINTAIN THE FUNDS RECEIVED AND EXPENDED.
WHEREAS, the Allen Cemetery Association has petitioned the City of
Allen to assume power and authority and act as permanent trustee for
perpetual care and upkeep of the lots and graves in the Allen Cemetery, and
WHEREAS, the Allen City Council has the desire to act as permanent
trustee of the Allen Cemetery, to provide perpetual care and upkeep of the
grounds and administration of the permanent Cemetery Endowment Fund
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT:
SECTION 1. By passage of this Ordinance the Allen City Council assumes
all power and authority as permanent trustee of the Allen Cemetery in
accordance with applicable sections of Vernon's Ann. Civ. St. Articles 912a
and 969c.
SECTION 2. The City shall have the right, power and authority to make
reasonable rules and regulations as said trustee, to receive gifts, grants, and
donations from any source, and to also fix the amounts necessary for the
permanent care and upkeep of individual graves and family lots, no less than
the minimum as required by state law. These funds shall become part of the
permanent and perpetual Cemetery Endowment Fund.
SECTION 3. The City of Allen shall have the right, power and authority
to invest and reinvest all funds advanced to it for the purpose herein set
forth in interest bearing bonds or securities of a municipality, state or the
federal government as prescribed in Vernon's Ann. Civ. St. Articles 969c
Section 4 and 912a-17.
SECTION 4. The City of Allen shall establish a special account separate
from all others to maintain the permanent endowment fund, receive revenues
from interest earned from the endowment fund and from the sale of lots in
the cemetery, and to provide for the expenditure of funds for the perpetual
maintenance and upkeep of the cemetery grounds.
ORDINANCE NO. 848-4-88
SECTION 5.
The City of Allen shall provide perpetual maintenance and
upkeep of the cemetery grounds by methods determined by the City Council
in the best interest of the cemetery and community.
SECTION 6. Is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses, and phrases of this
ordinance are severable, and if any phrase, clause, sentence or section of this
ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any other remaining phrase, clause, sentence,
paragraph or section of this ordinance; and the City Council hereby declares
it would have passed the remaining portions even though it had known the
affected parts would be held unconstitutional.
SECTION 7. This ordinance shall take effect immediately from and after
its passage and publication in accordance with the Charter of the City of
Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS, ON THE 7th DAY OF
APPROVED:
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Dr. /Soe Farmer, Mayor
ATTEST:
APRIL , 1988.
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Marty Hendrix, CMC, City Secret y
APPROVED AS TO FORM:
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