(A) The Cemetery Board of the city shall control, operate, manage, and maintain existing cemeteries in the city, to-wit: Machpelah Cemetery and “Old Hill Cemetery”, upon a proper transfer to the city of the title to the property and assets of Machpelah Cemetery Association, a corporation, and the acquisition of title to “Old Hill Cemetery”; and, in addition, shall have the right, power, and duty to acquire, control, operate, manage, and maintain such other cemetery properties as its members deem needed by the city, subject to the following provisions.
(B) The Cemetery Board shall have the authority to, and shall be responsible for, promulgating reasonable rules and regulations for the use, management, and operation of city cemetery properties.
(C) (1) The Cemetery Board shall establish reasonable rates and charges for sale of burial lots and/or interment rights in all city cemetery properties, and shall further establish reasonable charges for grave openings and other services.
(2) All rates, charges, and/or interment prices shall not become effective until approved by the Common Council, and no changes in same shall be made or become effective until approved by the Common Council.
(D) The rates and charges established by the Board and approved by the Common Council shall be sufficient each year to pay the bonded indebtedness, if any, and operation and maintenance expense for any new cemetery properties acquired by the Board hereafter through bonds issued under the authority of W. Va. Code Ch. 8, Art. 16; and, so far as practical, the operation and maintenance expenses for Machpelah Cemetery and “Old Hill Cemetery” upon the transfer to the city of title to the property and assets of said cemeteries and their respective associations.
(E) As the income to be derived from the existing cemetery, known as “Old Hill Cemetery”, shall not be sufficient to provide for its maintenance and operation, and whereas, the income from the assets of Machpelah Cemetery Association may not be sufficient to provide for the maintenance and operation of Machpelah Cemetery (the assets and moneys of Machpelah Cemetery Association, as well as the income to be derived from the sale of lots or interment rights shall be used solely for the maintenance and operation of Machpelah Cemetery), the Board shall, each year, at least 30 days prior to the adoption of a general budget for the city by the Common Council, provide the Common Council with a proposed budget for its operations for the forthcoming fiscal year, showing therein the amounts which it will require from the city in order to operate and maintain the existing cemeteries; and, as far as possible, in consideration of its revenues and until such time as the Cemetery Board operations are entirely self- sustaining, the Council shall provide the same, or, in lieu thereof, provide maintenance for existing cemeteries through the City Street Department.
(F) The Cemetery Board shall have and may exercise any and all powers, privileges, and authorities which have been granted or conferred, or which may hereafter be granted or conferred, upon similar municipal boards by the State Legislature, including, but not being limited to, all of the powers, privileges, and authorities granted and conferred under the provisions of W. Va. Code Ch. 8, Art. 16. The Cemetery Board may additionally exercise such other powers, privileges, and authorities as are granted or conferred by the Charter of the city or the Common Council.
(Ord. passed 3-7-1977)