Chapter 2.24
GERHARD MEMORIAL CEMETERY
Sections:
2.24.020 Maintenance as public burial grounds.
2.24.050 Sale of lots and burial permits.
2.24.060 Assessments for care, upkeep and improvement.
2.24.070 Lot owners to file claims – Hearing – Record.
2.24.080 Trust fund for perpetual care established.
2.24.010 Established.
There is established the Gerhard Memorial Cemetery, the site thereof to be the present site of the Odd Fellows Cemetery. The deed to said premises for burial purposes only is accepted by the council, with full power of acquisition of other ground adjacent thereto for burial purposes. (Ord. 61 § 1, 1940).
2.24.020 Maintenance as public burial grounds.
The policy of the council shall be to maintain the Gerhard Memorial Cemetery as a public burial grounds with perpetual care and keep as a permanent burial tract, with grass, shrubs and trees, as shall be provided by the council through the agency of the cemetery board. (Ord. 61 § 2, 1940).
2.24.030 Board – Created.
A. There is created a cemetery board, who shall be appointed from the membership of the council, or from the qualified voters of the city; the members of the first board shall be appointed to serve terms of one, two and three years each, and thereafter the new appointment shall be for terms of three years each. The appointment to said board shall be ratified by the council. The appointments shall be for the term appointed or at the pleasure of the mayor.
B. Vacancies caused by resignation, removal or otherwise shall be filled by appointment by the mayor for the unexpired term. (Ord. 61 § 3, 1940).
2.24.040 Board – Duties.
The duties of the cemetery board are as follows:
A. To maintain the cemetery in a manner fitting the solemnity of the ground;
B. To keep the said premises in grass, shrubs, flowers and trees;
C. To employ a caretaker or caretakers;
D. To contract for the purchase of equipment, shrubs, flowers, grass seed and trees, which said contract shall be subject to the confirmation, ratification and approval of the council;
E. To keep records of accounts and plots registered, and books for the proper identity of burial place;
F. To cause to be issued burial permits and to fix the price thereof;
G. To make rules and regulations relative to monuments, headstones, markers, flowers, grass, trees and shrubs that shall be permitted on the burial grounds;
H. To sell headstones, markers, flowers, shrubs, etc.;
I. To submit annually to the council an estimate of funds needed to carry on the cemetery prior to the time fixed by statute for the filing of the preliminary budget;
J. To do every other matter and thing necessary to be done to the complete performance and maintenance of the care, improvement and solemnity of the grounds. (Ord. 61 § 4, 1940).
2.24.050 Sale of lots and burial permits.
A. No burials will be permitted in the cemetery grounds without the issuance of a burial permit.
B. Persons owning lots prior to the acquisition of the cemetery grounds by the city must obtain a burial permit prior to permitting a burial upon said lot.
C. Persons owning lots in said cemetery will not be permitted to sell said lots except to the city, for which said lots the city agrees to pay the amount of the seller’s original purchase price, less 50 percent of said sum as an administrative fee for the processing of said transaction.
D. Burial permits will be issued by the city through the office of the city clerk-treasurer, or by the cemetery board, or other city official as the council may direct.
E. Funds received from the sale of lots or burial permits will be paid to the city clerk-treasurer who shall keep a record thereof, such portion shall be deposited to the current expense fund, and such portion to the cemetery trust fund as the council shall from time to time direct, but such proportion to the trust fund shall at no time be less than required by the statutes of the state as now are in effect or may be hereafter amended. (Ord. 510 § 1, 1996; Ord. 61 § 5, 1940).
2.24.060 Assessments for care, upkeep and improvement.
A. The council shall have the power to levy assessments for care, upkeep and improvement of any lot or plot of ground not occupied or being used for burial purposes, such assessment not to exceed the pro rata rate per lot for the cemetery in general.
B. Property owners shall be notified by registered mail of the assessment and due date thereof. Upon failure to pay the assessment when due, the same will become a lien upon the lot or plot of ground and shall be foreclosed by the city in the manner as tax liens are foreclosed by the counties of the state.
C. In the event the name of the owner of the lot assessed cannot be ascertained with reasonable diligence, the council shall have the power to foreclose such assessments by publication of summons as it is now provided by the laws of the state for quieting title actions against unknown parties. (Ord. 61 § 6, 1940).
2.24.070 Lot owners to file claims – Hearing – Record.
A. Persons having vested rights in the Gerhard Memorial Cemetery, who have not recorded their deed or other evidence of ownership in the office of the county auditor, are required to file a claim with the city clerk-treasurer for the lot or lots claimed, together with copies of all written evidence of the claimed ownership.
B. The city clerk-treasurer shall notify the cemetery board of the claim and the board shall fix the time for the hearing of the claim, and shall notify the claimant of the time and place of hearing. Should the board grant the claim the city clerk-treasurer or other designated officer shall enter upon the cemetery records the claimed ownership. The claimant shall have the right of appeal to the council, said claim to be heard at the next regular council meeting after the appeal is taken; the decision of the council shall be final.
C. All persons claiming vested rights in the Gerhard Memorial Cemetery, through deeds of conveyance or otherwise, from the prior owners, who have failed to record said deeds or other evidence of conveyance in the office of the county auditor, or who fail for a period of seven years after the passage of the ordinance codified in this chapter to file a claim for said lot or lots as provided in this section, shall be forever barred from claiming or asserting any right, title, estate, interest or claim therein. (Ord. 61 § 7, 1940).
2.24.080 Trust fund for perpetual care established.
A. There is established a cemetery perpetual care trust fund.
B. All funds received from gifts, bequests, donations or contributions received for endowment purposes shall be deposited in said trust fund.
C. The trust fund shall be kept by the city clerk-treasurer, and shall be open for public inspection and audited by such committee as the council from time to time directs.
D. The trust fund shall be invested by the city clerk-treasurer in municipal, county, school and federal bonds and warrants only.
E. The interest therefrom shall be used for the expenses of operation and care of the cemetery only, or if not needed for such purposes, shall be added to the principal amount; provided, however, that if the interest therefrom is not sufficient to properly care for the cemetery as provided in TMC 2.24.040(A), then and in that event the city council may by motion authorize the use of a portion of the principal of said fund as may be necessary to properly provide for the operation and care of the cemetery.
F. The expenditure of principal and/or interest from said trust fund shall be made only on claims filed with the city clerk-treasurer and approved by the council, and vouchers drawn by the city clerk-treasurer and paid by the city clerk-treasurer. (Ord. 736 § 1, 2013; Ord. 61 § 8, 1940).
2.24.090 Violation – Penalty.
It is unlawful:
A. For any person, firm or corporation to violate any of the provisions of this chapter;
B. To violate any of the rules, regulations adopted by the cemetery board for the beautification, maintenance and upkeep of the cemetery;
C. To wilfully damage any tombstone, monument, or marker or to wilfully destroy any of the cemetery property;
D. To permit any livestock within the cemetery grounds. (Ord. 350 § 11, 1983; Ord. 61 § 9, 1940).