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HomeMy WebLinkAboutOrdinance 11- 1817 amending Ch. 14, Section 14.01.130 C, Reassignment of interest earnings from perpetual care trust fund ORDINANCE NO. 1817 AN ORDINANCE AMENDING CHAPTER 14, SECTION 14.01.130 C, OF THE BOZEMAN MUNICIPAL CODE, PERTAINING TO THE REASSIGNMENT OF INTEREST EARNINGS FROM THE PERPETUAL CARE TRUST FUND WHEREAS, Section 14.01.130 of the Bozeman Municipal Code established the Perpetual Cane Fund, Maintenance Fee, Agreement and Deposit Conditions; and WHEREAS, Section 14.01.130, C. states that the interest or earnings from the CPC (Cemetery Perpetual Care Trust Fund) shall be credited to the City's all-purpose General Fund for the sole purpose of defraying the cost of operating and maintaining the cemetery; and WHEREAS, It is in the best interest of the City that these monies be allocated to the Cemetery Perpetual. Care Trust Fund; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman Montana:. Section 1 That Chapter 2, Section 14.01.130 C, of the Bozeman Municipal Code, is amended to read as follows: Section 14.01.130. Same Fund established; maintenance fee; agreement and deposit conditions. C. The CPC Trust Fund shall be invested and reinvested by the director of finance. The city commission may from time to time direct the investment of such funds. The interest thereon, or earnings therefrom, shall be credited to the all p wp , fund to the CPC Trust Fund for the sole purpose of defraying the cost of operating and maintaining the cemetery in future „e ors. Section 2 Repealer All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability That should any sentence, paragraph, subdivision, clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid,the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification The provisions of Section 14.01.130 shall be codified as appropriate in Chapter 14, Cemeteries, of the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. Section 6 Effective Date This ordinance shall be in full force and effect thirty(30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 3rd day of October, 2011. M T—#Ft KIWJSS' or BO ATTEST: ry 41 S Aqy U�'MENJ7�.N�C City berk I Q)3 ui FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the day of October, 2011, x JEF K. USS M 'yo ATTF�S" n „ _ a 4A. 1 i"1-11 l 1i . ' t A "Ti N C�� A S TO:FORM SELL N ttorney