Chapter 3.04
CEMETERY FUNDS
Sections:
3.04.010 Tahoma cemetery declared eligible for endowment care.
3.04.020 Lot, block and section defined.
3.04.030 Reservation on lot sales.
3.04.040 Trust fund established.
3.04.050 Same—Charge for endowment care—Payment of charge—Obligation of city.
3.04.060 Same—Certificate required of owner.
3.04.070 Obligation of city to maintain cemetery—Duty of clerk to keep record.
3.04.090 Care fund established.
3.04.120 Cemetery fund established.
3.04.130 Same—Investment of surplus money.
3.04.140 Authority of city manager.
3.04.010 Tahoma cemetery declared eligible for endowment care.
All lands included in and comprised in Tahoma Cemetery be and the same are hereby declared eligible to endowment care or annual care by the city of Yakima as hereinafter set forth. (Ord. B-1834 § 1, 1956).
3.04.020 Lot, block and section defined.
The word “lot” as used in other ordinances or resolutions of the city of Yakima relating to Tahoma Cemetery, shall mean and refer to the tract of land occupied by a single grave or a tract approximately ten feet long by three and three-fifths feet wide; that the words “block” and “section” as used in this and other ordinances or resolutions relating to Tahoma Cemetery shall mean and refer to units larger than lots with areas as defined on the official plat of Tahoma Cemetery. (Ord. B-1834 § 2, 1956).
3.04.030 Reservation on lot sales.
All unsold lots, blocks or parts thereof in Sections C, D and E in Tahoma Cemetery be and they are hereby withdrawn from general sale and same are hereby reserved for sale exclusively to purchasers buying same with provision for the endowment care thereof by the city of Yakima. (Ord. B-1834 § 3, 1956).
3.04.040 Trust fund established.
There be and hereby is established a fund to be known as the cemetery trust fund to which fund shall be credited all money received from owners for endowment care, all moneys therein to be held forever in trust by the city of Yakima. (Ord. B-1834 § 4, 1956).
3.04.050 Same—Charge for endowment care—Payment of charge—Obligation of city.
The objects, uses and sources of revenue of such fund are:
(a) The charge for endowment care shall be as follows for all mausoleum niches and cemetery lots:
|
Mausoleum Niches |
$30.00 |
|
Baby Section |
40.00 |
|
Section E (Cremains) |
50.00 |
|
All other sections |
100.00 |
(b) Any and all such sums shall be paid directly to the city of Yakima by the owner as part of the cemetery lot use fee, and upon such payment shall be accepted by the city of Yakima, and held in trust forever for the uses and purposes of said fund.
(c) The city of Yakima obligates and binds itself to safely keep the moneys paid to said fund; to invest the same so as to bring in the largest amount of income which can safely be realized thereon, and to use the income so realized in caring for, maintaining and beautifying the said lots and graves thereon, in the manner hereinafter specified. (Ord. 97-12 § 1, 1997: Ord. 3068 § 1, 1987: Ord. 2590 § 1, 1982: Ord. 2479 § 1, 1980: Ord. 2357 § 1, 1979: Ord. B-1834 § 5, 1956).
3.04.060 Same—Certificate required of owner.
Before the city treasurer shall receive from any person or persons being the owner or owners of any lot, block or fraction thereof, the payment hereinbefore specified, he shall demand of such owner or owners a certificate in writing, attested as to its correctness by the cemetery superintendent, to the following effect, to-wit:
(a) That the said lot, block or fraction thereof, describing it or them, has been placed on the grave required and established in that locality;
(b) That the grave, if any, thereon have been leveled so that the surface of the graves shall conform to the general level of the surface of said lot or block;
(c) That all fanciful and temporary ornaments, and all flowers or shrubbery, except such as are perennial in their habits of nature, have been removed therefrom. (Ord. B-1834 § 6, 1956).
3.04.070 Obligation of city to maintain cemetery—Duty of clerk to keep record.
The obligation to be assumed by the city of Yakima under the provisions of this chapter are declared to be the following, viz: to irrigate the lots; to seed the lots and keep the graves thereon green and neatly mown; to trim and prune the flowers and shrubbery permitted to grow on said lots under the terms of this ordinance and to fill in and keep the level of such graves as may sink in or cave in; but the city of Yakima shall not be obligated, out of the revenue derived from such fund, or otherwise, to dig any graves or erect any head or foot stones or monuments; nor replace any flowers or shrubbery which shall die or become killed through no fault of said trustee. The city clerk shall keep a book which shall be well bound and properly indexed, in which he shall, upon application of a holder of a receipt which shall be issued by the city treasurer upon the payment into said cemetery trust fund as hereinabove provided, record the description of such lots, blocks or fractions thereof as are entitled to endowment care under the provisions of this chapter. (Ord. B-1834 § 7, 1956).
3.04.090 Care fund established.
There is established a fund to be known as the cemetery fund to which shall be credited all money earned from investment of the cemetery trust fund and all fees received for annual care of lots, blocks or parts thereof. All expenses for the care of lots, blocks or parts thereof under endowment or annual care shall be paid out of the cemetery fund by warrants upon vouchers properly certified as required by law. (Ord. B-1834 § 9, 1956).
3.04.120 Cemetery fund established.
There is established a fund to be known as the cemetery fund to which shall be credited all moneys received from the sale of cemetery lots, blocks or parts thereof, also all moneys received for the digging of graves or from any other source incident to the operation of said cemetery other than those mentioned in Sections 3.04.040 through 3.04.090, inclusive; that the money placed in the fund shall be used for acquiring property, both real and personal, for cemetery purposes, for improving and beautifying the cemetery and for expenses of management, operation and control thereof and for no other purposes; provided, no portion of the fund shall be used upon any lot, block or part thereof under endowment or annual care. (Ord. 97-12 § 4, 1997: Ord. 709, 1965; Ord. B-1834 § 12, 1956).
3.04.130 Same—Investment of surplus money.
The city council is authorized to invest any surplus moneys in the cemetery fund in safe interest earning securities, the interest thereon to be paid into the cemetery fund and become a part thereof. (Ord. B-1834 § 13, 1956).
3.04.140 Authority of city manager.
The city manager is empowered and directed to make and execute on behalf of the city of Yakima all such contracts, agreements or writings as may be necessary to carry out and give effect to all and singular the provisions of this chapter, all such contracts, agreements or writings to be attested by the city clerk and have affixed thereto the seal of said city. (Ord. B-1834 § 14, 1956).