Loading...
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)
A. Right To Improve: The City reserves the right to improve the cemeteries. Improvements may include enlarging, replatting, reducing or changing the boundaries, establishing columbaria, or any other activity deemed necessary by the Cemetery Manager for the betterment of the cemeteries.
B. Right To Designate Uses: The City reserves the right to designate appropriate areas for columbaria, cremation gardens, mausoleums, and other aboveground structures.
C. Right To Install And Change Drainage: The City reserves the right to lay, maintain and operate, or to alter or change pipelines or gutters for irrigation systems, drainage, lakes or any other watercourses in any part of the cemeteries.
D. Right To Restore: The City reserves the right, at the City's sole option and expense, to restore, repair or reset any grave marker or memorial placed upon any lot or grave space to include any marble, granite, bronze, concrete or stone work in any section; to repair or rebuild any damaged structure, building or utility.
E. Right To Establish And Assess Fees For Cemetery Services: The City reserves the right to establish and assess fees for grave spaces, perpetual care, interments, preneed services and products, other burial activities and miscellaneous fees for overtime, extra services provided by the cemeteries and any other expense incurred by the cemeteries.
F. Right To Dispose Of Buy-Back Spaces: The City reserves the right to dispose of buy-back spaces in a manner best serving the interest of the cemeteries.
G. Right To Ingress And Egress: The City reserves a perpetual right to enter and to leave over any burial space for passage to and from other spaces. This right extends to those lawfully within the cemeteries.
H. Right To Regulate Private Aboveground Structures: The City reserves the right to regulate the location, type, size, number, materials and construction methods of private aboveground structures by rules and regulations promulgated in accord with section 14.2.105 of this part. Any rules and regulations promulgated by the Cemetery Manager and approved by City Council shall require the certificate of purchase owner wishing to construct a private aboveground structure to enter into a contract with the cemetery outlining the certificate of purchase owner's duties and obligations for the construction and perpetual care of the private aboveground structure. The contract shall be reviewed and approved as to form by the City Attorney's Office. (Ord. 93-149; Ord. 98-202; Ord. 01-42; Ord. 08-151)
Loading...