Austin |
Code of Ordinances |
Title 10. PUBLIC HEALTH SERVICES AND SANITATION. |
Chapter 10-1. CEMETERIES. |
Article 2. PERPETUAL CARE TRUST FUND. |
§ 10-1-14. APPLICATION TO ACCEPT EXISTING TRUST.
(A)
A person may apply to the city clerk to accept an existing trust.
(B)
In addition to the information required in Section 10-1-13 ( Application to Create Trust ), an application for the acceptance of an existing trust must be accompanied by:
(1)
the original or an accurate copy of the trust indenture or comparable document, if any;
(2)
the name and mailing address of the trustees, if any;
(3)
the written consent of each trustee; and
(4)
an instrument of indemnity with corporate surety in a form approved by the city attorney payable to the city for all acts and events relating to the existing trust that occur before the trust transfer.
(C)
Unless the indenture provides for the transfer of the trust estate without the trust beneficiary's written consent, the application must be accompanied by:
(1)
the beneficiary's written consent on a form prescribed by the city attorney; or
(2)
the final order of a court of competent jurisdiction that authorizes the transfer.
Source: 1992 Code Sections 12-1-51(D); Ord. 031023-11; Ord. 031211-11.