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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. Qf 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. Cemetery Ordinance -3- 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. IL . 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: