HomeMy WebLinkAbout2-14-08-2m - Resolution - 02/14/2008RESOLUTION NO. 2-14 -08 -2m
A RESOLUTION OF THE CITY COUNCIL OF TfiE CITY OF COLLEGE STATION,
TEXAS, E-STABL- 1SHINC ,;�� ENDOVv1�fENT FUND ; OR TILL NIL- MORIAL C%iviETLR`i'
OF COLLEGE STATION FOR THE FUTURE CARE, MAINTENANCE, OPERATIONS,
AND IMPROVEMENTS TO SUCH CEMETERY, AND ESTABLISHING AN EFFECTIVE
DATE. -
WHEREAS, the City of College Station, Texas, owns and has within its boundaries a tract known
as the Memorial Cemetery of College Station located at 3800 Raymond Stotzer Parkway, a plat
of which is filed in the Deed of Records in Brazos County, Texas; and
WHEREAS, it is desired to ensure the care and maintenance of the Memorial Cemetery of
College Station at such time as when plots and individual lots in said Cemetery are sold and used
for internment; and
WHEREAS, it is believed that establishing an endowment fund to accept gifts will provide a
corpus that can be used to produce income to help in the future care, maintenance, operations,
and improvements to the Memorial Cemetery of College Station; now therefore
BE IT RESOLVED BY THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the City of College Station, Texas designate a fund to be known as the Memorial
Cemetery of College Station Endowment Fund (hereinafter referred to as Memorial
Cemetery Fund) from which earnings may be used for the future care, maintenance,
operations, and improvements to the Memorial Cemetery of College Station as set forth in
this resolution.
A. That the Memorial Cemetery Fund receive resources from the following as they
become available:
1. all assets and liabilities included in the Memorial Cemetery Fund;
2. 33% of the proceeds from the sale of lots;
3. gifts of money or other valuable assets given to provide a corpus that will
provide investment earnings;
4. investment earnings or direct earnings of all assets of the Memorial
Cemetery Fund; and
5. gifts of money or other valuable assets to pay for specific items or projects
in the Memorial Cemetery consistent with the Approved Memorial Cemetery
Master Plan as may be amended from time to time; and any excess
remaining from a specific project shall remain a part of the corpus of the
fund.
B. That the Cemetery Committee of the City of College Station be empowered by the
City Council of the City of College Station, Texas, to develop and implement a
program to seek contributions to provide a corpus of funds and other assets that will
provide earnings to be used for the future care, maintenance, operations, and
improvements for the Memorial Cemetery of College Station. '
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RESOLUTION NO. 2- 14 -08 -2m Page 2
C. That 33% of the revenues from sale of lots. 100,% of all investm_ ent earnings of the
Memorial Cemetery Fund for the current fiscal year and gifts in accordance with A.
5 above shall be available for appropriation and expenditures under the following
circumstances:
Beginning in the City's fiscal year 2008 -2009 or earlier, the City prepare a
budget annually showing available resources and appropriations of those
resources as a part of the normal operations of the City; and
2. The income or revenue of the fund shall be used for the maintenance and care
in a first -class condition of the grave, lot, or burial place for which the funds
are donated, except that if the incolne or revenue is more than the amount
necessary to faithfully accomplish this, the funds may be used to beautify the
entire cemetery generally.
D. That the Cemetery Committee of the City of College Station, Texas, shall have the
authority to review and to approve or deny acceptance of gifts for the Memorial
Cemetery Fund in accordance with the uses of resources as indicated in this
resolution as approved and amended.
E. That the City of College Station, Texas, shall act as trustee for the Memorial
Cemetery Fund in accordance with applicable state law including Chapter 713
Texas Health and Safety Code; and shall maintain such fund as required therein.
PART 2: That if any provisions of any section of this resolution shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this resolution, which shall remain in full force and effect.
PART 3: That this resolution shall take effect immediately from and after its passage.
PASSED and APPROVED this 14th day of February , 2008.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
E SigriedtY Mary Ann
UERI h5- ticity with Aq r ve t'
City Attorney
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