Res 717 7/10/1967RESOLUTION NO. 7/7
WHEREAS, on September 10th, 1956 the Board of Aldermen
of the City of Wichita Falls authorized the execution of a
certain trust agreement dated September 12th, 1956, with the
First National Bank of Wichita Falls as trustee, which agree-
ment created a perpetual care trust fund for the cemeteries
owned by the City of Wichita Falls. The City agreed that it
would pay into said trust fund all monies received from the
sale of cemetery lots owned by the City, and the income should
be used for the maintenance of said cemeteries ; and,
WHEREAS, the creation of such trust fund was authorized
by provisions which were then contained in Article 912a-15,
Vernon ' s Annotated Civil Statutes ; however, in 1963 the Texas
Legislature amended such statute by deleting therefrom the
provisions authorizing municipalities to create such trust
funds. In 1967 , the Texas Legislature enacted House Bill
No. 932, which authorized the governing body of certain mu-
nicipalities, including Wichita Falls, to abolish and termi-
nate the perpetual trust funds for their municipally owned
cemeteries; and,
WHEREAS, the Board of Aldermen finds that such trust
fund is not beneficial to the operation of the city owned
cemeteries, that the termination of such trust fund will be
for the benefit and protection of the public, and that the
cemeteries can be better preserved and beautified and pre-
vented from becoming a place of reproach and desolation in
the community if such trust fund is terminated, and the
funds therein be transferred to the Cemetery Capital Im-
provements Fund for use in improving the city owned cemeteries
and acquiring additional land for cemetery expansion.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT such trust fund
created by the trust agreement dated September 12th, 1956 be
and the same is hereby terminated, and a Cemetery Capital
Improvements Account is hereby created; the City Manager is
directed to transfer the funds which are now in such trust
fund, together with the funds now in the Cemetery Perpetual
Care Fund, into the Cemetery Capital Improvements Account,
and such funds shall be used for capital improvements in the
cemeteries and for acquiring additional land for cemetery
expansion.
PASSED AND APPROVED this the 10th day of July, 1967 .
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M A O R
A T T E S T:
City Clerk /`