HomeMy WebLinkAbout1459 OrdinanceORDINANCE NO. 1+59
AN ORDINANCE PROVIDING FOR ENDOWMENT CARE,
ESTABLISHING RULES AND REGULATIONS, SETTING
RATES FOR SERVICES AND ENDOWMENT CARE, CREAT-
ING METHODS OF PAYMENT, AND SETTING INTEREST
RATES FOR TIME PAYMENT AT CITY VIEW CEMETERY
AND REPEALING SECTIONS 2 THROUGH 26, INCLU-
SIVE, OF ORDINANCE 1323, PASCO MUNICIPAL CODE
2.48.020 THROUGH 2.48.270, INCLUSIVE.
WHEREAS, The City of Pasco has previously established City View Cemetery,
NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO DO OR-
DAIN AS FOLLOWS:
Section 1. Definitions:
a) "Lot" shall mean an area of land occupied by a single adult
grave or a tract approximately 9 feet long and 3 feet wide;
b) "Block" and "Section" shall mean and refer to tracts larger
than lots with areas as defined on the official plat of said
cemetery;
c) "Burial" shall mean the activities associated with opening a
lot for the interment of a deceased person and its subsequent
closing.
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Section 2. Separate Sections for Organizations: The City Council may, from
time to time, set apart certain sections of said cemetery for the exclusive use a*
of any religious or fraternal organizations as they may deem proper and expe-
dient, and make such regulations concerning the use and care of same as may
be proper and necessary.
Section 3. City Manager Responsibilities: The City Manager shall be respon-
sible for the operation of the cemetery. The City Manager shall have full super-
vision, charge and control of the City View Cemetery, and particularly, all mat-
ters pertaining to the maintaining thereof, burials, setting and placing of all
monuments and markers, the care of lots in said cemetery, and the seeding of
grass in all parts of said cemetery entitled to endowment care. He shall also
do such other things in reference to said cemetery as may be required. He may,
in his discretion, keep the cemetery closed to vehicular traffic at such times as
in his judgment it may be deemed best from the standpoint of the upkeep of the
roads and driveways therein.
Section 4. City Manager Delegation of Responsibility: The City Manager may
assign personnel to the Cemetery to carry out the provisions herein. The City
Manager may appoint a supervisor who may have free use of the buildings on
said cemetery grdunds, and he shall receive such monthly salary as shall be
fixed by Budget.
Section S. Floral Regulations: The City shall have authority to remove all floral
designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the
Cemetery as soon as, in judgment of the management, they become unsightly,
dangerous, detrimental or diseased, or when they do not conform to the standards
maintained. The City shall not be liable for floral pieces, baskets or frames
in which or to which such floral pieces are attached. The City reserves the right
Cemetery Ordinance -2-
to prevent the removal of any flowers, floral designs, trees, shrubs or plants,
or herbage of any kind, unless it gives its consent.
All flowers not in -permanent vases will be removed the first of each week through
the mowing season except Memorial Day weekend. No more than two containers
which have not been approved by the management shall be permitted on each lot at
any time except Memorial Day weekend. All temporary containers, and. floral
frames not called for by those lawfully entitled to them within five days after re-
moval by the City, may be disposed of by the City in any manner it sees fit.
Section 6. Trees, Plants-, Shrubs and Monument Regulations: No trees, plants
or shrubs shall hereafter be set in the cemetery except when under the immediate
supervision of the City. All grave stones and monument bases shall be of granite,
marble, limestone, or other approved stone. No concrete or other similar material
shall be permitted above ground level. All stones and monuments shall be set
flush with the ground in Blocks 4, 5, 12 and 13. Upright monuments will be per-
mitted in all other blocks. No monuments, markers or grave stones shall be placed
in said cemetery except by cemetery personnel.
Section 7% Certain Ornaments Prohibited: The placing of boxes, shells, toys,
metal designs, ornaments, chairs, settees, glass, wood or iron cases, and
similar articles, upon lots shall not be permitted, and, if so placed, the City may
remove the same.
Section 8. Endowment Care -- General: The obligation to be assumed by the City
for endowment care is declared to be the following, viz:
to irrigate the lots, to seed the lots and` keep the area green
and neatly mown;
to trim and prune the flowers and shrubbery permitted to grow
on said lots under the terms of this chapter; and
to fill in and keep the general level of such lots as they may
sink in or cave in.
The City shall not be obligated from the revenue from endowment care to proceed
with burials, erect any head or foot stones or monuments, or replace any flowers
or shrubbery which shall die or become killed through no fault of the City.
Section 9. Eligibility for Endowment Care: All lands included in and comprising
City View Cemetery be and the same are hereby declared eligible for endowment
care by the City.
Section 10. Endowment Care Required on Unsold. Lots: All unsold lots, blocks,
or parts thereof in City View Cemetery may be and are hereby withdrawn from
general sale and the same are hereby reserved for sale exclusively to purchasers
buying same with provision for the endowment care thereof by the City.
Section 11. Endowment Care -- Records: The City shall keep a book which shall
be well bound and properly indexed, in which shall, upon the payment into said
City View Cemetery Trust Fund as herein provided, be kept .a record of the descrip-
tion of such lots, or fractions thereof as are entitled to endowment care under the
provisions of this ordinance.
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Section 12. Sale of Lots -- Records: The City shall keep a complete record of
all lots sold, to whom sold, whether endowment care or non -endowment care is
provided, and issue certificates or deeds of sale upon payment of the price thereof,
together with all other charges. The City shall properly describe the property sold
by lot or tract, both in such certificate and upon the record to be kept, and in case
the sale is made to the county or other corporation, shall require that vouchers
be filed for the collection of such charges and shall prepare such voucher and
make collections of the amount due.
Section 13. Payment for Lots: All lots must be paid for in cash, either at the
time the said lot is sold, or before burial; provided, however, upon application
made to the City of Pasco, lots may be sold on time, not exceeding eighteen
months; provided that the purchaser thereof shall give a note therefor, payable to
the City of Pasco, and running for a period of not more than eighteen months,
with sureties to be approved by the City. Such note at the time of sale, and the
execution thereof, shall be filed with the City Manager or his designee for col-
lection. Failure to pay the contract on a regular and consistent basis shall make
the total callable. Interest shall be charged at the rate of eight percent (8%) per
annum on all accounts not paid in full within sixty (60) days of purchase.
Section 14. Burial Classification: Burials shall be classified as follows:
Baby: persons under three years of age
Juvenile: persons from three to ten years of age, inclusive
Adult: persons over ten years of age
Urn: cremated remains.
Section 15. Burials -- General: All burials will be scheduled to give Cemetery
personnel at.least one hour to transfer equipment to the subsequent burial. Satur-
day or Monday morning burials will be permitted only if arrangements are made
before noon on the previous Friday. In the event a burial is scheduled on Saturday
and other than between 8:00 A.M. and 5:00 P.M. Monday through Friday a charge
of forty dollars ($40.00) in addition to all other charges shall be made.
Section 16. Burials -- Holiday: No interments, disinterments, removals, crema-
tion or interment service shall be permitted on Sundays, or on any of the follow-
ing official holidays:
January lst being New Year's Day;
The 3rd Monday in February being celebrated as Washington's
B irthday;
The last Monday in May being celebrated as Memorial Day;
The 4th of July being celebrated as Independence Day;
The first Monday in September being celebrated as Labor Day;
The fourth Thursday in November being celebrated as Thanks-
giving Day;
The day following Thanksgiving Day;
The 25th of December being celebrated as Christmas;
The day on which any General Election is being held through-
out the State,
without special written permission of the City and a charge of sixty-five dollars
($65.00) in addition to all other charges shall be made.
When any of the aforementioned holidays fall or are legally observed on a Friday
or Monday, burials must be arranged no later than 12:00 o'clock noon on the last
business day preceding the holiday.
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Cemetery Ordinance -4-
Section 17. Charges for Lots: The cost of all lots shall be as follows, exclu-
sive of endowment care:
Baby
$40.00
i juvenile
85.00
Adult
185.00
Adult, two adjacent
345.00
Adult, per each over
170.00
two adjacent
160.00
Urn
70.00
Section. 18. Charges for Endowment Care -- Use of Proceeds: The object, use
and source of revenue is:
a) The charge for endowment care shall be as follows:
Baby
$10.00
juvenile
15.00
Adult
15.00
Urn
5.00
b) Any and all such sums shall be paid directly to the City of Pasco
and held in the City View Cemetery Trust Fund.
c) The City of Pasco hereby obligates and binds itself to safely keep
the monies paid to said fund; to invest the same so as to bring the
largest amount of income that can safely be realized thereon; and
to use the income so realized in caring for, maintaining and beauti-
fying the said lots and graves thereon, in the manner herein speci-
fied.
Section 19. Charges for Burials: All lots must be opened and closed by City
personnel, or under the immediate supervision of City personnel. The charges
for burials shall be as follows:
Baby $30.00
juvenile 60.00
Adult 80.00
Urn 15.00
Section 20. Charges for Concrete Liners and Vaults: A concrete liner, or its
equivalent, must be provided at the time of burial. The City Manager, or his
designee, will determine what is equivalent to a concrete box or vault, and his
determination shall be final. Concrete boxes and concrete vaults may be pro-
vided by the City. The charge for concrete liners and vaults shall be as follows,
plus tax:
,Baby Liners
$ 3.0.00
juvenile Lindrs
60.00
Adult Liners
80.00
Urn
15.00
Vault
170.00
Section 21. Charges for Concrete Markers: Immediately subsequent to burial
a concrete marker shall be placed by the City personnel. The charge for a con-
crete marker shall be ten dollars ($10.00) plus tax, but ownership shall remain
with the City.
Cemetery Ordinance -5-
Section 22 Charges for Setting Permanent Memorials: City personnel shall
set all permanent memorials. The charge for memorial settings shall be as follows:
Veterans Memorial $30.00
2' x 1' approximately 3 0.00
3' x 1' approximately 40.00
4' x 1' approximately 50.00
Larger size memorials will
be charged proportionately.
Section 23. Charges for Permanent Vases: Charges for the setting of permanent
vases as approved by the City shall be five dollars ($5.00) each.
Section 24. Liability: The City shall not be liable for lost, misplaced or broken
flower vases; for plants, herbage or plantings of any kind; nor for markers,
memorials or permanent vases damaged by the elements, thieves, vandals or by
any other cause beyond its control.
Section 25. Orders Given by Telephone: The City shall not be held responsible
for any order given by telephone, or for any mistake occurring from the want of
precise and proper instructions as to the particular space, size and location in a
lot or section where interment is desired.
Section 26. Errors may be Corrected: The City reserves, and shall have the right
to correct any errors that may be made by it either in making interments, disinter-
ments or removals, or in the description, transfer or conveyance of any lot, either
by cancelling such conveyance and substituting and conveying in lieu thereof a.,n=
other lot of equal value and similar location as far as possible, or as may be se-
lected by the City; or in the sole discretion of the City, by refunding the amount
of 'money paid on account of said purchase. In the event the error shall involve
the interment of the remains of any person in such property the City reserves and
shall have the right to remove and reinter the remains to such other property of
equal value and similar location as may be substituted and conveyed in lieu thereof.
The City shall exercise due care in making any disinterment and removal but
it,shall assume no liability for damage to any casket, burial case, urn or contents
thereof incurred in making the disinterment and removal.
Section 27. Sections 2 through 26, inclusive of Ordinance 1323 and Pasco Muni-
cipal Code 2.48.020 through 2.48.270, inclusive, are hereby repealed.
Section 28. This Ordinance shall be in full force and effect after its passage and
publication as required by law.
Cemetery Ordinance
PASSED and APPROVED this 2 day of _ February 1971.
G. E . C rter, Mayor pro -Tem
Atte st:
Harry D. in er, City Clerk U
Approved as to form:
D. Wayne C,4mpbeff;-Citi Attorney
Published: