HomeMy WebLinkAboutResolution - 2009-R0300 - Dissolve Municipal Trust Fund - Lubbock Cemetery - 08_13_2009Resolution No. 2009—RO300
August 13, 2009
Item No. 5.1.6
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
DISSOLVING THE MUNICIPAL TRUST FUND MAINTAINED IN CONNECTION WITH
THE CITY OF LUBBOCK CEMETERY, AND DIRECTING THE CITY MANAGER TO
REDIRECT THE FUNDS PRESENTLY IN THE TRUST FUND TOWARD PERMANENT
IMPROVEMENTS TO THE CITY OF LUBBOCK CEMETERY.
WHEREAS, the City of Lubbock maintains a municipal trust fund in connection with the
City of Lubbock Cemetery, and places ten percent (10%) of the purchase price of cemetery
property sold into said fund, for the historically expressed purpose of funding; cemetery
operations; and
WHEREAS, the cost of maintaining the City of Lubbock Cemetery, funded from general
revenue, far surpasses the amount of interest generated from the municipal trust fund, such that
the purpose of the fund is without practical effect and meaning; and
WHEREAS, Section 713.008 of the TEXAS HEALTH & SAFETY CODE provides that the
governing body of a municipality located in a county with a population of between 128,000 and
300,000 may abolish the municipality's perpetual trust fund for a cemetery and use the fund,
including both principal and interest, for permanent improvements to the cemetery; and
WHEREAS, the City of Lubbock is located in Lubbock County, Texas, and Lubbock
County, Texas has a present population of 267,269; and
WHEREAS, the City Council of the City of Lubbock desires to avail itself of the
authority granted in Section 713.008 of the TEXAS HEALTH & SAFETY COME, and abolish the
municipal trust fund at the City of Lubbock Cemetery, and further to use the fund, including both
principal and interest, for permanent improvements to the City of Lubbock Cemetery; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the municipal trust fund maintained by the City of Lubbock, Texas in connection
with the City of Lubbock Cemetery shall, upon passage hereof, be abolished and of no further
force or effect, and the principal thereof, with any interest earned thereupon, shall be redirected
by the City Manager to the City of Lubbock Cemetery Enterprise Fund.
CONSIDERED AND APPROVED this 13th day of August , 2009,
ATTEST:
Rebe4 Garza, City Secretary
APPROVED AS TO CONTENT:
Andy B rc am, Chief Financial Officer
APPROVED AS TO
Attorney
Resolution to Dissolve(Q)7.09
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TOM RTIN, MAYOR