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BLOCK: Portion of a cemetery which is usually defined by roads or other boundaries around its perimeter and which is divided into lots and spaces.
BURIAL: The permanent disposition of human remains by burial, entombment, inurnment or dispersal of cremains.
BURIAL RIGHT; INTERMENT RIGHT: The right to inter in a burial space; this right is not title to land, but merely a right to be buried in a described space.
BURIAL SPACE; SPACE: A grave space, crypt space cremation garden space or niche, including, if available, double depth spaces for burial of two (2) caskets or one casket and one cremains container with one on top of the other, used or intended to be used for the burial of human remains.
CEMETERY; CEMETERIES: A place of burial for earth interments, mausoleum for crypt entombments, columbarium for cinerary interments, or a combination of these. The cemeteries owned and operated by the City are Fairview and Evergreen Cemeteries 1 . The City cemeteries shall be operated as an enterprise of the City.
CEMETERY MANAGER: The person charged with administrative control and supervision of the cemeteries, or the Manager's designee.
CEMETERY OFFICE: Cemetery administration offices located at Evergreen Cemetery, 1005 South Hancock Avenue.
CERTIFICATE OF OWNERSHIP: A written document issued by the City to a purchaser of a grave space, which document evidences ownership of a right to be buried in the specific grave space.
COLUMBARIUM: An aboveground structure containing niches for the inurnment of cremated human remains.
CREMAINS: Cremated human remains.
CREMATION GARDEN: An outdoor area dedicated to the deposit of cremains.
ENDOWMENT: An irrevocable perpetual care endowment trust fund established by the City, for and devoted to the perpetual care and maintenance of the endowed burial spaces in the City cemetery.
FAMILY: Those persons related by blood, marriage or law or descended from a common ancestor.
FEES: City Council establishes fees to be assessed for cemetery services. Fees are contained in the rules and regulations for the City cemeteries.
GRAVE SPACE: A space of ground sufficient in size for burial of the remains of one adult or infant, one adult and one cremains or two (2) cremains, as specified by cemetery plat. (See also definition of Burial Space; Space.)
IMMEDIATE FAMILY: Husband and wife and their children, whether living together or not.
INTERMENT: The permanent disposition of human remains by burial, entombment, inurnment or dispersal. (See also definition of Burial.)
LOTS: A unit of purchase which may contain either four (4), six (6) or eight (8) burial spaces as specified for the particular block.
MARKER: One piece stones which are customarily used to mark individual graves.
MAUSOLEUM AND SARCOPHAGUS: Structures for aboveground interment.
MEMORIAL: A generic term which includes a marker, monument, mausoleum, crypt, urn, niche, plate or other physical object used to identify the occupant of the grave space.
MONOLITH: One piece memorials of a particular design, usually a tall stone of narrow width and depth.
MONUMENT: Memorials of more than one piece.
NEXT OF KIN: Relatives of a deceased person according to the Colorado laws of intestacy.
PRIVATE ABOVEGROUND STRUCTURES: Mausolea, sarcophagi, columbaria, coping, fencing or other similar aboveground funerary memorials constructed and maintained by certificate of purchase owners upon burial spaces identified by plat as appropriate areas for aboveground structures.
UNENDOWED AREA: An area platted for burial spaces and within which a portion of the burial space purchase price is not deposited in the endowment.
UNENDOWED SPACE: A burial space for which a portion of the purchase price has not been deposited in the endowment. (Ord. 93-149; Ord. 98-202; Ord. 01-42; Ord. 08-151)
Notes
| 1 | 1. See section 14.2.102 of this part. |
A. Evergreen and Fairview Cemeteries have been a tangible link to the rich history and heritage of Colorado Springs since its first days as the fountain colony. For over one hundred twenty (120) years, Evergreen and Fairview Cemeteries have provided exceptional cemetery services, interring the deceased in a respectful and dignified manner, maintaining the grounds for the comfort and enjoyment of the living and recording and sharing the local history found within them for future generations. City Council has therefore included the cemeteries among the City's strategic assets and hereby declares that the self-supporting operation of Evergreen and Fairview Cemeteries is essential to the general health, safety and welfare of the community.
B. Evergreen Cemetery, located at 1005 South Hancock Avenue and Fairview Cemetery, located at 1000 South 26th Street, have since Municipal incorporation been designated and continue to be City cemeteries. These cemeteries shall forever be maintained by the City for the burial of the dead.
C. The Cemetery Manager shall be responsible for the administration and management of the cemetery enterprise. The Manager is authorized to promulgate administrative rules and regulations for the operation of the enterprise and for the conduct of patrons and guests.
D. City Council recognizes the need to provide a forum for public discussion of cemetery related issues and hereby authorizes the Parks and Recreation Advisory Board to act in an advisory capacity to the Manager and City Council in matters pertaining to the planning, development, improvement, beautification, equipping and maintenance of the cemetery and related facilities. (Ord. 93-149; Ord. 98-202; Ord. 01-42)
A. Enterprise Operation: Evergreen and Fairview Cemeteries are an enterprise operation of the City of Colorado Springs (collectively, the "cemetery enterprise" or "enterprise"). The Cemetery Manager shall operate the enterprise to ensure:
1. The enterprise remains a self-sustaining government owned business which may issue its own revenue bonds;
2. The enterprise continues to receive over seventy five percent (75%) of its annual nondebt revenue from nongovernment sources; and
3. The enterprise continues to receive under ten percent (10%) of its annual revenues in grants from all Colorado State and local governments combined.
B. Accountability:
1. All claims against the cemetery enterprise operation shall be in accord with chapter 1 of this Code.
2. In accord with the provisions of chapter 1 of this Code, the City Auditor shall have those duties and responsibilities imposed by City Council to ensure the public accountability of the cemetery enterprise operation.
C. Contracts:
1. The cemetery enterprise is authorized to execute its business contracts in the name "Evergreen Cemetery" or "Fairview Cemetery". Enterprise business contracts executed in the name "Evergreen Cemetery" or "Fairview Cemetery" shall be deemed to have been executed by the City of Colorado Springs on behalf of its cemetery enterprise and shall be legally enforceable by the City or the cemetery enterprise against third parties and by third parties against the City or cemetery enterprise to the same extent that would occur if the business contract had been executed by the City of Colorado Springs on behalf of its cemetery enterprise. In addition, all contracts executed in the name "Evergreen Cemetery" or "Fairview Cemetery" shall be interpreted or construed by any reviewing court as having been executed by the City of Colorado Springs on behalf of its cemetery enterprise.
2. The Cemetery Manager is authorized to execute all business contracts entered into by the cemetery enterprise and all other cemetery contracts and agreements except those which require approval by the City Charter, this Code or other controlling law required to be executed by a Municipal officer of the City. The Cemetery Manager may delegate this signatory authority by administrative regulation to staff reporting to the Cemetery Manager and may provide by administrative regulation for the further delegation of this signatory authority.
3. Real property donated to or acquired by the cemetery enterprise shall be held in the name of the City of Colorado Springs. (Ord. 01-42)
A. The Manager is authorized to promulgate and adopt reasonable rules and regulations regarding the administration and operation of the enterprise, and the time, place, limitation and extent of use of any enterprise property or facility including uses now existing or contemplated. Additional rules and regulations may be adopted as necessary to implement applicable Federal and State laws. Any rules or regulations adopted by the Manager shall be available for public inspection in the enterprise's administrative offices.
B. With the City Attorney's counsel, the Manager may propose, and the Parks and Recreation Advisory Board shall consider, the adoption, amendment or deletion of any reasonable or necessary rules, regulations, policies, procedures, ordinances or resolutions affecting the City's stewardship of its cemetery enterprise, properties and facilities. The recommendation of the Board shall be forwarded to the City Council for final approval.
C. The general public, purchasers and users of cemetery services, visitors, vendors, monument companies and funeral homes are required to abide by all rules and regulations for the City cemeteries. (Ord. 93-149; Ord. 98-202; Ord. 01-42)
The City retains full and complete control and management of the lands, buildings, improvements, roads, walks, utilities, development, books and records of the cemeteries. The City also retains full and complete authority, rights and privileges to make, change, administer and enforce all cemetery ordinances, rules, regulations and restrictions. Purchase of a burial right in the City cemeteries does not transfer real estate title to the owner. (Ord. 93-149; Ord. 01-42)
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