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HomeMy WebLinkAbout2006-07-24 06-272 ORDERItem No t Data 0uly 20. 200fi Item/Subject ORDER, Authorizing the Establishment of a Trust and Agency Account for the Annual Placement of Flowers on Walter R. Byard, Ir.'s Burial Lot — Maple Grove Cemetery Responsible Department: legal Commentary: The City manages trust and agency accounts fm the annual placement of flowers on grave sites. Alvera Byard has requested that the City do so for the grave of her late husband, Walter R. Byard, Jr., in Maple Grove Cemetery. Mrs. Byard will fund the trust and agency account. ThIs Order authorizes the establishment of the account and the execution clan Agreement between the City and Mrs. ayard The Rnance Committee recommended approval at its July ]J, 2006 meeting. !nw�URrir�d--� u,;Arh Manager's Comments:I Department Head fhuD/ImI#/em&V "dw / City Manager Associated Information: Agreement / Budget Approval: Fine Director Legal Approval: Solicitor Introduced for Consent Agenda x Passage _ First Reading Page 1 of Referral 06 272 A55igvN t4 Cowtilor Farrington duly 26. 2006 LL * o CITY OF BANGOR CMLE.) ORDER, Autharizing the Establishment of a Trust and Agency Account for the Annual Placement of Flowers on Walter R. Byard, Jr.'s Burial L.ot— Maple Grove Cemetery WHEREAS, Walter R. Byard, Jr. is buried at Maple Gmve Cemetery, a City -owned cemetery; and WHEREAS, Avers H. Byard, widow OF Walter R. Byard, Jr., has requested that the Clry establish a trust and agency aocoum for the annual placement of flowers an the grave she of Walter R. Byard, Jr., the funds for said bust and agency account to be provided by Alves H. Byard, Now, therefore, by the City Council of give CM of Bangor, he it ORDERED THAT Mere is hereby established a Trust and Agency Acetum for the annual placement of flowers on the Walter R. Byard, Jr. lot M Maple Grove Cemetery, and be It further ORDERED, THAT tIe Rnance Director shall take all necessary and appmpnate steps W create and manage said account; and he it further ORDERED, THAT the City Manager is hereby authorizetl to execute a Perpetual Care Agreement with Avera H. Byard, a copy of which Is attached. The Agreement shall be in a form approved by the City Solicitor or Assistant City Solicitor. 06 272 AGREEMENT FOR PERPMALPLACEMENT OF FLOWERS This Agreement made this _day of July, 20M by and between the City of Bangor (hereinafter "the City'), a municipal cmpomlion duly organized and existing under the law of the State of Maine and Alvera H. Byard of Sandy, Utah. WHEREAS, the City is the owner and carNalcer of several public cemeteries; and WHEREAS, the City offers a service for those wishing m have flowers placed on the gave of a loved one m City owned cemeteries NOW THEREFORE, the parties agree as follows: Mvera Synod shall provide the sum of $1,000.00 to the City to be deposited in an interest bearing account and the principal and income derived will be used to finance the placement of flowers on the gave ofber late husband, Walter R. Byard, Jr. located in Maple Grove Cemetery (lot no. Mid in perpetuity an long as said principal and interest derived remains. The City shall place flowers on the grove of Walter R. Byard, Jr. by Manorial Day of each year. The flowers shall be appropriate for the cemetery In the event of a change in policy or regulation on longer allowing the placement of live flowers in the City cemeteries, an appropriate substitute adomment will be provided. Should circumstances occur, for whatever reason, beyond the conhol of the City, preventing the placement of flowers by the specific date, the flowers will be placed at the earliest possible date thereafter. Alvem Byard may terminate this agreement noon notice to the City and the City shall refund to Vera Byard the remaining money in the account. Alves Byard CITY OF BANGOR Nome: Title: 1P an G mem July,;P, 2006 eaa ,l Id g 06-2]2 CLBNC 0 & 0 8 H Authorizing the 8stablisla¢at of a 4nat ency ualj Placement of glovers on halts r. Byard, Jr.'a Burial Lot - Map a Grove tery