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
Mount Hope Cemetery | Baker City Index | Baker County Index
