John Schmitz Memorial Trust Fund, Baker County, Oregon

Ordinance No. 2662

An Ordinance establishing and confirming the establishment of the John Schmitz Memorial Trust Fund and providing that the principal thereof be perpetually maintained in an account designated the John Schmitz Memorial Trust Fund, and that the income thereof be used solely for the purpose of the maintenance, upkeep, improvement or other benefit of the Baker Mount Hope Cemetery, and for no other purposes.

BE ORDAINED BY THE CITY OF BAKER:

Whereas the the John Schmitz, benevolent citizens of the City of Baker, who died in the year 1961, provided in his last will and testament, with respect to his residuary estate as follows:
     "I give, devise and bequeath all the rest, residue and remainder of any and all property of every name, nature and description whatsoever, real, personal and mixed and whosesoever situated owned by me at the time of my death, to the CITY OF BAKER, a municipal corporation, the same to be used by the city for the purpose of maintenance, upkeep, improvement or other benefit of the cemetery at Baker, Oregon, commonly known as the Mount Hope Cemetery, including all sections thereof used in the particular area for cemetery purposes, or other property received by the said City of Baker under this bequest or devise shall be used for no other purpose."
and whereas, upon the admission of the will of James Schmitz to probate and upon the distribution of his estate the City of Baker came into possession of the funds to be used for said purposes:
and whereas Mayor McNeil of the city of Baker appointed a committee to consider the disposition of the John Schmitz estate funds, and it was the recommendation of the committee that these funds be established as the John Schmitz Memorial Trust Fund, with the proceeds to be invested and only the income from the investment to be used for the purpose of the maintenance, upkeep, improvement or other benefit of the cemetery; and unanimous vote by the City Council at the meeting held on the 12th day of July, 1965, the committee report was adopted, and it was ordered that an ordinance be drawn to establish the John Schmitz Memorial Trust Fund, the income to be used as so recommended, but through inadvertence such ordinance has not been enacted.

Now therefore hereby is established, with the funds received from the estate of the late John Schmitz, a perpetual JOHN SCHMITZ MEMORIAL TRUST FUND. The said funds shall be kept invested and perpetually maintained by the City of Baker as a trust fund and as a memorial to the late John Schmitz, and the income there from shall be used, as directed by the late John Schmitz, in his will, solely for the purpose of the maintenance, upkeep, improvement or benefit of the cemetery at Baker, Oregon, commonly known as the Mount Hope Cemetery, including all sections thereof used in that particular area for cemetery purposes regardless of the ownership, and for no other purposes whatsoever.

Read for the first time this 12th day of December 1972.

Read for the second time, by title only, by unanimous consent of all the members of the Council present, copies hereof having first been offered to the members of the Council, the press and public attending for their inspection this 12th day of December 1972.

Read the third time, bu title only, by unanimous vote of all members of the Council present, copies hereof having first been offered to the members of the Council, the press and public attending for their inspection this 26th day of December 1972.

Approved: _____________________ Mayor
Attest: Jim D. Duncan City Recorder

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