ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING SECTIONS 2.52.020, 2.52.030, AND 2.52.050 OF THE RIALTO MUNICIPAL CODE REGARDING THE RIALTO CEMETERY WHEREAS, in accordance with California Health and Safety Code Section 8130, the general management, conduct and regulation of burials, disposition of plots, and keeping plots in order for the Rialto Cemetery is under the control of the City of Rialto (“City”); and WHEREAS, Rialto Municipal Code Section 2.52.030 currently authorizes the City Treasurer to execute conveyances for the conveyance of burial lots, on behalf of and in the name of the City, the form of such deed to be approved by the City Attorney; and WHEREAS, the City may make and enforce general rules and regulations, and appoint sextons or other officers to enforce obedience to the rules and regulations, with such powers and duties regarding the Rialto Cemetery as may be necessary (California Health and Safety Code Section 8133); and WHEREAS, to facilitate efficiency of the operations of the Rialto Cemetery, the City Council desires to designate the City Manager or his or her designee as the City employee(s) charged with the general management of the Rialto Cemetery.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION BY REFERENCE.
The above recitals are true and correct and material to this ordinance. In making its findings, the City Council relied upon and hereby incorporates by reference, all staff reports, presentations, and other documentation presented to the Council in the meeting.
SECTION 2. AMENDMENT OF SECTION 2.52.020 OF THE CITY OF RIALTO MUNICIPAL CODE.
Section 2.52.020 of the Rialto Municipal Code shall be revised to read as follows (deletions shown in strikethrough and additions in bold and italics):
“2.52.020 Rates.
The city council, by resolution, adopts a schedule of prices to be charged for all burial lots and fees for burial services performed, which schedule is kept by the city clerk treasurer and is open to public inspection. All burial lots are sold for cash and the city treasurer is authorized to receive payments for burial lots sold and payments for burial services revenues received for burial lots sold and services rendered shall be processed with all other revenues received by the City through the Treasury Department.” SECTION 3. AMENDMENT OF SECTION 2.52.030 OF THE CITY OF RIALTO MUNICIPAL CODE.
Section 2.52.030 of the Rialto Municipal Code shall be revised to read as follows (deletions shown in strikethrough and additions in bold and italics):
“2.52.030 Conveyances.
The city manager or his or her designee treasurer is authorized to execute conveyances for the conveyance of burial lots, on behalf of and in the name of the city, the form of such deed to be approved by the city attorney.” SECTION 4. AMENDMENT OF SECTION 2.52.050 OF THE CITY OF RIALTO MUNICIPAL CODE.
Section 2.52.050 of the Rialto Municipal Code shall be revised to read as follows (deletions shown in strikethrough and additions in bold and italics):
“2.52.050 Department - Established.
A cemetery department is established to exercise positive control over operate, manage, and maintain the city-owned cemetery. The City Manager may consolidate the cemetery department into such other City department(s) as the City Manager determines suitable and efficient in the management of the cemetery, subject to approval by the City Council.” SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE.
This ordinance shall be in full force and effective thirty (30) days after its adoption, and shall be published and posted as required by law.
SECTION 7. CERTIFICATION.
The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the local newspaper.
PASSED, APPROVED AND ADOPTED this __ day of December, 2022 ________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
________________________________
BARBARA MCGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC VAIL, City Attorney
Burke, Williams & Sorensen, LLP
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