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(a) Establishment; Membership. A Cemetery Committee is hereby established consisting of five persons who are electors and taxpayers of the City, to be appointed by Council.
(b) Terms of Office. The original appointments to the Committee shall be made within thirty days after the adoption of this chapter (Ordinance 16, passed September 1, 1964), as follows: two appointments shall be made for four-year terms and three appointments shall be made for two-year terms. Thereafter, every two years on the first Tuesday of July in the City election year, two appointments shall be made for four-year terms and one appointment shall be made for a two-year term.
(c) Duties. It shall be the duty of the Committee and its members to, as often as necessary, review the cemeteries owned and/or maintained by the City, to elect a Chairperson from its membership, to hold meetings upon the request of any of its members or at the direction of Council, and to advise and make recommendations to Council, all for the purpose of improving the management and operation of the cemeteries.
(d) Secretary. The City Clerk shall act as Secretary for the Committee and its members. He or she shall record the minutes of all meetings and shall attend to all reports and communications required by the Committee.
(Ord. 16. Passed 9-1-64.)
(a) Appointment; General Authority. The City Manager shall appoint a Superintendent of Cemeteries, by and with the consent of Council, at the first regular Council meeting in July. The appointment shall be for an indefinite period and the Superintendent shall be responsible to, and serve at the pleasure of, the City Manager. The Superintendent shall have complete supervision of all cemeteries owned and/or maintained by the City and is hereby charged with the enforcement of this chapter and all rules and regulations established under authority of this chapter.
(b) Duties. The Superintendent shall maintain order in all cemeteries owned or maintained by the City and make complaints for any violation of this chapter. He or she shall supervise all workmen, visitors and drivers in the cemeteries and shall act as a police officer therein.
(c) Definition. As used in this chapter, "Superintendent" means the Director of the Department of Public Works.
(Ord. 1996-04. Passed 3-5-96.)
The Superintendent of Cemeteries or any member of the Cemetery Committee may be removed from office for cause, at any time, by a majority vote of Council, and any vacancy in either of such offices shall be filled through appointment as provided in this chapter within thirty days after the vacancy occurs.
(Ord. 16. Passed 9-1-64.)
(a) Sales Subject to Rules. Every lot or single grave sold shall be subject to the rules and regulations now in force or that may be hereafter adopted and to such changes of the present rules as are found necessary for the protection of lot owners and the remains of the dead.
(b) Purchases; Right of Purchaser. Purchases of lots in cemeteries shall be made from the City Clerk and the purchasers shall acquire only the privilege or right to make interments in the lots so purchased.
(c) Certificates of Ownership. Original ownership shall be evidenced by a certificate which shall be surrendered and a new certificate issued in the event of any transfer. Ownership certificates shall bear the name of the owner, the lot number, the number of graves, the name of the cemetery and such other information as may be necessary and shall be signed by the City Clerk.
(d) Transfers; Approval Required. The ownership of any lot or portion thereof shall not be transferred without the approval of the Superintendent of Cemeteries.
(e) Transfer Application; Fee. Transfers shall be made upon application only and shall be accompanied by a statement showing good and sufficient reasons for such transfer. In no case will transfers be permitted where the purpose is speculative or for any other reason deemed undesirable. The transfer fee on all lots or graves sold without perpetual care shall include perpetual care at forty percent of the current lot sale price. This amount is to be deposited in the Perpetual Care Trust Fund.
(f) Transfer by Court Order. In the absence of a written order to the contrary, the City shall, after the owner's death, honor a transfer of ownership by a court order when presented for record with the City Clerk.
(g) Deceased Lot Owners. In cases where the owner is deceased and there is no estate to be probated, the heirs of the deceased may make application to the City Clerk for a transfer. Upon submission of satisfactory evidence, approved by the City Attorney, the Clerk shall issue a new certificate to the heirs entitled thereto.
(h) Lost or Destroyed Certificates. In case of loss or destruction of a certificate of ownership, no new certificate shall be issued in lieu thereof except upon satisfactory proof to Council of such loss or destruction and upon giving satisfactory security, by bond or otherwise, against loss to the City, as may be required by Council. Any such new certificate shall be plainly marked "duplicate" upon its face.
(i) Payment for Lots; Prices. Payment for lots in City cemeteries shall be made to the City Treasurer in accordance with prices established, from time to time, by resolution of Council.
(j) Deposit of Moneys. All moneys received by the City Treasurer for the sale of lots in City cemeteries shall be deposited as follows: sixty percent in the Cemetery Maintenance Fund and forty percent in the Cemetery Perpetual Care Trust Fund.
(Ord. 16. Passed 9-1-64; Ord. 2006-03. Passed 2-21-06.)
The lot owner, or his or her legal representative, may, at any time, designate in writing whom he or she wishes to be buried in his or her lot or grave, forbid the burial of certain persons and have a record made of such desire with the City Clerk.
(Ord. 16. Passed 9-1-64.)
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