HomeMy WebLinkAboutOrdinances_0609_CCv0001.pdf ORDIWCE NO. 609
AN ORDIUNCE OF ThE CITT OF UZUNDS RELATING TO THE ACQUISITION ET THE CITY
OF THE MPERTY OF THE HILLSIDE CEM E`i'. f ASS QC IA TI ON.
WiMA.S, the Hillside Cemetery Aasociatfon, a corporation, is the oar of certain
proFe"ty, situated in the City of Redlands, San BernAz4tino County, State of Calif-
ornia, knoaa ae the 014i13aide Cemetery", a portion of ►hioh is now beim used for
cemetery puzWoes, and the rest thereof having been acquired for such poser and
WER , said Assocla►tion has established an endowvat fund and also a perpetual
care fund, in conn"tIon vith such cam tm7 for the purpose of hiding an income
for the perpetaml-sans at ar# U Xot& in said ores tsry, aid tae carry i,34 out
certain provisions contained in that certain deed of trust executod by E. G. Judson
and Y.E. Brown to said Association, of date September 9th, 1.399, and of record in
the office of the county recorder of said county iri book 112 of Deeds, Page 6b
tbereof,
WHMW, said Association has "su,aed certain duties and obligation to certa�_n
purch"ars of lots in said umetery, embodiad in an sgreament between such pur-
chasers and said Associations and aamonly called the "I dowwrt Agree ►t" and e
WHZRUS, said Aasociat m has acquired a portion of said property under said
deed of trust, idAch imposed upon it certain duties and obligations therein
recited, and
W EREAS, said Association has made a propositicsn to said City to convey and trans-
far to said City all of its property and tran8fer, assign and set over to said Citi
all fvzdsa now beloslglag to or in the custody of said Association, together with
all seaurities told by it in both of said funds, 'lith the understanding that said
City shall a►sswwsar tko dutlae and obligations of said Associations contained in the
*Kudowownt Agreement", and ,carry out and parform the terms and provisions of said
dose at %mto In so far as the sans are m*w is fores and attests and
AREAS, said City has heretofore adopted a resolution accepting said propositionz
NOW TVJF�IUME, to parry out the intent and purpose of the parties to such propo-
sition and to make a pwmaaa►nt record of said transactiau in the foray of on
ordinance of said City,
The Board of Trustees of the City of Redlands do ordain as followisi
SECTION I. That the City of Redlands acquire all of the property of said Hi llaide
Cwwtery A saciatiea, a corporatio®, iaeludiug its funds " socurities, subject
to any mart~ ludebtedwom against said property, cad subject, to a $5,000.00
note of said Ass*ciat.i.oa, given to the Rational Bonk of Redlanda, the
payment of which is &armed by said Cit;7.
SWTION 2. That said City (upon the conveyatnea to it of such property, and the
transfer and assigement of such diads and seourities ) dose hereby asmas and
agree to carry out and perform each and a1.1 of the etches, obli.gatims and
agrewments of &gid Association, which have Mean asavmsd or undertakan by it, under
ar by the various agreements it "a heretofore entered into with purchaaers of lots
in said oemeta47s, and which agreements are kttowaa and ccom n,4 called the *Sadowment
Agresewnt", a oogy of W iah agreement has bee= filed with the City Glw* of said
C:LV9 and mfersn,ae is hemby aadir therstos and s&id City (upon such conveyance
and transfer being so ands) hereby s and awes to carry out and perforce each
and all of tha duties and obligations imposed upon said Lssoc stion aider said
deed of tmsto in no far as the sane are !Sow in force and effect.
SECTION 3. Said City shall perpetually maintain the endowment fund and the perpetual
cue fend heretofore esta,blisbod and i &Jmtained by said Association, in separate
axed dis tlno t f wWs. t hl eb shall not be resorted to or used by said City for any pnr-
pote other than the pw-pomss for whi.h said funds were heretofore established by
mid $090cistift pursuant to the provisions of said "Endowment Agreemont" and said
Deed of Trost and e-L4-a funds shall at all times be deemed a trust fund for such
-1-
purposes, provided, however, that nothing herein contained shall be deemed to
prevent said City from selling or disposing of the securities which have been
transferred to it by said Association, provided other securities be obtained
and substituted therefor, of the character provided by ectian 616 of the Civil
Code of the State of California to which reference is hereby made.
3ECTIOR 4. All such securities and any other securities or farads placed in said
Endownent Fund or said Perpetual Care Mand, shall be in the charge, cost and
care of the City Treasurer, as a separate fund of said City, and tae and his
bondsmen shall be Liable therefor in the sar►e mwvier as he and they are Liable
for other City funds in his custody as City Treasurer.
SECTION 5. The Board of Trustees of said City mag, at arty time,, by resolution,
provide for the giving of an additional bond to that now provided by ordinance,
by said City Treasurer, in the amount as said Board may determine.
SECTION $. This ordinance sahll take effect and tie in force from and after its
passage and posting as required by law.
A. C. Brock
President of the Board of Trustees of
the City of Re,dilandaL. California
ATT STe C. P. Kook
City Clerk of said City
I do hereby certify that the. l oregoing ordinance was duly adopted
by said board at a regular meeting thereof held on the 7th day of August, 1918,
by the following vo to t
AYES r Caster, Tripp, Fowler, Simpson, Brock.
NOESr done
Dated August 7, 1918
C. P. kook
er o tar oT IGMands