Full Text
Draft dated 6/11/2010 Ordinance AN ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING CHAPTER 12.44 MISSOULA MUNICIPAL CODE ENTITLED "CEMETERIES" REPEALING SECTIONS 12.44.070, 12.44.100 AND 12.44.160 REMOVING REQUIREMENTS RELATING TO THE DEPOSIT OF CERTAIN CEMETERY REVENUES INTO RESERVE FUNDS AND REMOVING A PROVISION RELATING TO CEMETERY PERMANENT CARE FUND INVESTMENTS AND AMENDING SECTIONS 12.44.090 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 BE IT ORDAINED THAT SECTION 12.44.070, 12.44.100 AND 12.44.160 ARE HEREBY REPEALED AND SECTION 12.44.090 IS HEREBY AMENDED AS FOLLOWS: Section 1. 12.44.070 Repealed. 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. 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. This fund is to remain intact and grow for ten years, from the beginning of FY06 through the end of FY15. 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. This fund is to remain intact and grow for ten years, from the beginning of FY06 through the end of FY15. 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 received by the Missoula Cemetery shall be deposited to the Memorial Fund. A record of designated and undesignated funds 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 throughout this ten year period beginning FY06 and ending FY15. 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 Section 2. 12.44.080 Permanent care fund--Generally. A. The money in the permanent care fund, or moneys received from investments of the permanent care fund, shall be used for the care and maintenance of the city cemetery and then only when in the opinion of the board of trustees it shall be necessary to so use the moneys. ---PAGE BREAK--- B. Moneys placed in the permanent care fund shall not, nor shall any part thereof, be loaned to any other fund of the city, nor used or appropriated to any purpose whatever other than for cemetery purposes, and then only as the board of trustees shall direct. Section 3. 12.44.090 Permanent care fund--Composition. Beginning in fiscal year 2011 and thereafter, all revenue generated from sales and services provided by the Missoula City Cemetery shall be deposited into the city's general fund and designated for provision of city cemetery services. The permanent care fund shall be made up 40 percent of all moneys realized from the sale of cemetery graves, niches, liners and ash vaults. The city treasurer is directed to deposit such moneys in the permanent care fund. Section 4. 12.44.100 Repealed. Permanent care fund--Board of trustees investment authority. The board of trustees shall have the full right and privilege, with the approval of the city council to invest all money in the permanent care fund Section 5. 12.44.160 Repealed Cemetery niche fund. All money collected through sale of nameplates, engraving fees or bud vases shall be deposited in the cemetery niche fund and invoices for such nameplates and bud vases shall be paid therefrom. 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 ayes, nays, abstentions, and absent vote and APPROVED on this day of 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor