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ORDINANCE NUMBER 3440 AN ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING CHAPTER 12.44 MISSOULA MUNICIPAL CODE ENTITLED “CEMETERIES” AMENDING SECTIONS 12.44.060 AND 12.44.070 TO PROVIDE THAT CEMETERY REVENUES BE DEPOSITED INTO THE CITY'S GENERAL FUND AND DESIGNATED FOR THE PROVISIONS OF CEMETERY SERVICES. BE IT ORDAINED THAT SECTIONS 12.44.060, 12.44.070, AND 12.44.090 ARE HEREBY AMENDED: Section 1. 12.44.060 Cemetery Funding. All moneys received from sales and services in the cemetery, and all moneys received from all other sources in any manner connected with such cemetery or cemetery property, shall be paid over to the Missoula City Finance Department to be placed in the City's General Fund. A portion of the moneys received as determined by Missoula City Council in accordance with Montana State Law, shall be deposited in the appropriate funds for cemetery purposes. Such funds shall be for the care, maintenance and improvement of the cemetery and cemetery property as required by this ordinance and Montana Law. Section 2. 12.44.070 Reserve Funds. It is in the best interest of the Missoula Cemetery and the City of Missoula to initiate a long-range financial care plan for the Missoula Cemetery. Therefore, the Cemetery Board of Trustees, Missoula City Council, and Missoula City Administration have committed to the ongoing preservation of the cemetery by designating all revenues be placed into permanent funds designated for the long-term care of the cemetery unless otherwise determined by Missoula City Council. All revenue generated from sales and services at the Missoula Cemetery shall be deposited as follows: A. Care Fund. Beginning in FY06, 50% of all revenue generated from sales and services at the Missoula Cemetery, with the exception of niche or memorial walls sales and services and memorial monetary donations, shall be deposited into the Permanent Care Fund. Beginning in FY07, 100% of all revenue generated from sales and services at the Missoula Cemetery shall be deposited into the Permanent Care Fund. Beginning FY11 and continuing through FY12 all sales or services revenue shall be placed in the City's General Fund. Beginning FY13, all revenues shall be placed into permanent funds designated for the long-term care of the cemetery (continued care) unless Missoula City Council chooses to require cemetery revenue be deposited into the General Fund due to ongoing budgetary or financial constraints. Beginning FY14, all cemetery revenues shall be placed into the Care Fund, Niche Wall Fund, or Memorial fund for continued preservation of the cemetery. At the end of this period, the Cemetery Board of Trustees, Missoula City Council, and Missoula City Administration shall develop a procedure of financial support of the cemetery. B. Niche Fund. Beginning in FY06, 50% of all revenue generated from niche or memorial wall sales and services at the Missoula Cemetery shall be deposited into the Niche Fund. Beginning in FY07, 100% of all revenue generated from niche sales and services shall be deposited into the Niche Fund. The only expense from this fund shall be the cost of inscription for all walls. Beginning FY11 and continuing through FY12 all sales or services revenue shall be placed in the City's General Fund. Beginning FY13, all revenues shall be placed into permanent funds designated for the long-term care of the cemetery (continued care) unless Missoula City Council chooses to require cemetery revenue be deposited into the General Fund due to ongoing budgetary or financial constraints. Beginning FY14, all cemetery revenues shall be placed into the Care Fund, Niche Wall Fund, or Memorial fund for continued preservation of the cemetery. At the end of this period, the Cemetery Board of Trustees, Missoula City Council, and Missoula City Administration shall develop a procedure of financial support of the cemetery. C. Memorial Fund. All donations designated to the Memorial Fund received by the Missoula Cemetery shall be deposited to the Memorial Fund. A record of designated and undesignated funds ---PAGE BREAK--- is to be maintained by the cemetery office. The Cemetery Board of Trustees shall approve all non- designated expenditures from this fund. D. The City of Missoula General Revenue Fund and Capital Improvement Projects shall provide needed financial support for the Missoula Cemetery for FY11, FY12, FY13 and FY14. At the end of this period, the Cemetery Board of Trustees, Missoula City Council, and Missoula City Administration shall develop a procedure of financial support of the cemetery. E. The Administration has agreed to allow the Cemetery to keep intact (not use for General Revenue) use of the existing Cemetery Reserve funds: Care fund, Niche wall and Memorial funds. Such funds shall be for the care, maintenance, equipment and improvement of the cemetery, facilities and cemetery property as required by this ordinance and Montana Law. F. It is in the best interest of the Missoula Cemetery and the City of Missoula to continue this long- range financial care plan for the Missoula Cemetery thru Fiscal Year 15. This long term financial plan concept allows the Cemetery to help reduce (but not eliminate) the total General Revenue that the City Cemetery requires to operate. Therefore, the Cemetery Board of Trustees, Missoula City Council, and Missoula City Administration have committed to the ongoing preservation of the cemetery by designating all revenues be placed into permanent funds designated for the long-term care of the cemetery. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a 7 ayes, 3 nays, 0 abstentions, and 2 absent vote and APPROVED on this 9th day of August, 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor