HomeMy WebLinkAboutORD 3498BILL NO. 14
ORDINANCE NO.3498
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING
CHAPTER 4, ARTICLE 9, SECTIONS O4-09-09, OF THE CALDWELL CITY CODE,
PERTAINING TO THE FORM OF CERTIFICATE TO BE ISSUED GRANTING THE
RIGHT TO INTERMENT IN A PARTICULAR CEMETERY LOT AND EXTENDING
THE PERIOD OF TIME BEFORE WHICH SAID RIGHT WILL AUTOMATICALLY
EXPIRE FROM THIRTY YEARS TO FIFTY YEARS; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon,
State of Idaho:
Section 1. That Chapter 4, Article 9, Section 04-09-09, of the Caldwell City Code,
pertaining to "Perpetual Care" of cemetery lots at the Canyon Hill Cemetery, and containing the
language of certificates to be issued to purchasers of cemetery lots, be amended, as follows:
04-09-09: PERPETUAL CARE:
(1) Certificate:
A. -In any instance where the Cemetery lots have been heretofore sold in the
Cemetery on which certificate for perpetual care has not heretofore been issued and
on which the owner of said lot may now or hereafter become entitled to receive a
certificate of perpetual care, it shall be the duty of the City Clerk upon receipt of
payment of any sum of money for perpetual care on any lot in said Cemetery, as
hereinafter provided, to issue a certificate to the person entitled in the following
form:
License No.
CERTIFICATE OF LICENSE TO INTER
AND FOR PERPETUAL CARE
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF
CALDWELL, IDAHO, an Idaho municipal corporation of 411
Blaine Street, Caldwell, Idaho 83605 ("Licensor'), for good and
valuable consideration, the receipt and .sufficiency of ii,hich is
hereby acknovi�ledged, and pursuant to the laivs gf the Slate of Idaho
and the Caldwell City Code, does hereby grant unto LICENSEE,
identified more particularly belovi,, a license for the use of
PAGE 1
SPACES) , LOT , of Block __ _, of the
CALDWELL CEMETERY (otherwise known as Canyon Hill
Cemetery), as platted and filed and recorded in the office of the
Recorder of Canyon County, State of Idaho, for the sole and limited
purpose of interment.
LICENSEE: Name:
Home Address:
Telephone number:
TO HAVEAND TO HOLD the same unto the said Licensee and his
or her heirs and assigns forever, for the sole and limited purpose of
interment, subject to .such regulations as the City Council Qfthe City
of Caldwell may, from time to time, establish.
Provided, that in the event that the above described Cemetery
space(s)lcrypl(s)lniche(s) is (are) not used for interment purposes
within frfly (50) years • from the date hereof, then
Licensee's license for use of said space(s)lcrypt(s)lniche(s) shall
expire and be immediately and automatically revoked, and that any
real properly rights deemed to have been conveyed hereby, if any,
shall automatically revert to and vest absolutely in fee simple in the
City of Caldwell at that time, without notice.
hewever-, � rioiey be .,*w.
A portion of the above consideration, to -wit, the sum of $
DOLLARS, shall be and hereby is allotted and apportioned to the
"Cemetery Lot Perpetual Care Fund" oftheCity ofCaldwell, Idaho,
and in consideration ofsaid sum the Cily ofCaldwell hereby agrees
to forever and perpetually care for, irrigate and attend to, in a good
and sufficient manner, under such regulation as the City Council of
the City of Caldwell may, from time to time, establish, said
space (s)lcrypl(s)lniche(s) and properly above described. NOTE: if
this Cerlificale is issued in connection with a space or spaces.for
which funds have already been collected for this purpose, no
additional funds shall be collected for purposes nfperpetual care.
IN WITNESS WHEREOF, The City of Caldwell has caused these
presents to be subscribed by its Mayor and attested by its Clerk and
PAGE, -- 2
its coiy7orate seal to be hereunto affixed this day of
,20
City of Caldwell, Idaho (Licensor)
Mayor _
,l ttestation:
City Clerk
(2) Previous Owners Have Right To Privileges Of Perpetual Care: The
owner or owners of any and all lots in the cemetery purchased without perpetual
care may have the right of perpetual care as provided in this article by paying to the
Clerk a fee for said perpetual care, as set by resolution of the City Council.
(3) Owners Credited For Perpetual Care: The City Clerk is authorized and
directed to give credit to the owner of any lot in the Caldwell City Cemetery on the
cost of perpetual care of such lot in the cemetery, as heretofore fixed by the
ordinances of the City, of all sums shown by the records of said City to have
heretofore been paid for the upkeep and care of said lot, and to give such credit at
such time hereafter as the owner of such lot shall pay to the Clerk, the balance of
the cost of such perpetual care for said lot, as fixed by the ordinances of the city.
(4) Owners Exchange Unused Lots For Perpetual Care: Any person now
owning any unused portion of lots in said cemetery heretofore sold and conveyed,
and desiring to procure perpetual care on the use portion of said lots, may receive
credit on costs of such perpetual care as determined by the -ordinance of said
upon reconveyance to theme city of the unused portion of said lots of such amount
as shall be determined by the council.
(5) Owners Issued License to Inter Expiring or Reverting to City After a
Period of Less Than Fifty (50) Years: If the owner of any cemetery lot holds a
license to inter, deed or other document or instrument conveying a right to use of
said lot for burial purposes, which document or instrument contains a clause
providing for an expiration or reversion of that right to the City following a period
of a term less than fifty (50) years, said clause shall be read by the Cites
amended to provide for a period of fifty (50) years before said expiration or
reversion is deemed to be effective. Provided, however, if the license to inter, deed,
or other document or instrument conveying a right to use of said lot for burial
purposes provides for an extension of the original period upon written request b
the owner, such extension to the original period shall be only granted if the original
PAGE --3
period plus the extension would have provided for a total period longer than fifty
50 ears.
Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. This ordinance is hereby declared to be severable. If any portion of this
ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect and shall be read to carry out the purposes of the ordinance before
the declaration of partial invalidity.
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 18th
day of April, 2023.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 18th
day of April, 2023.
Mayo�-�ro
G 1YVagoner
.•` pF C-4 "''.,
••••'� .••••••.tQ
f� = JAN is i
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'.. CbUNTY•_..••'
ATTEST:
City Clerk, Debbie Geyer,
(or Deputy)
PACF —4
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3498
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER
4, ARTICLE 9, SECTIONS O4-09-09, OF THE CALDWELL CITY CODE, PERTAINING TO THE
FORM OF CERTIFICATE TO BE ISSUED GRANTING THE RIGHT TO INTERMENT IN A
CEMETERY SPACE AND EXTENDING THE PERIOD OF TIME BEFORE WHICH SAID
RIGHT WILL AUTOMATICALLY EXPIRE FROM THIRTY YEARS TO FIFTY YEARS;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING
ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT
HEREWITH.
Section 1: Amends Chapter 4, Article 9, Section 04-09-09, of the Caldwell City Code, to provide that, in
most instances, unused cemetery spaces will expire and revert to the City of Caldwell fifty (50) years after
issuance, even if an existing certificate or license for internment states that such reversion will occur after
a shorter period.
Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law; provides for severability; repeals conflicting ordinances,
resolutions, and orders.
Ordinance No. 3498 provides an effective date, which shall be on the 25th day of April, 2023. Ordinance
No. 3498 was passed by the Council and approved by the Mayor on the 18th day of April, 2023. The full
text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The
Mayor and City Council approved the foregoing summary on the 18th day of April, 2023, for publication
on the 25th day of April, 2023, pursuant to Idaho Code § 50-90IA.
Mayor Jarom Wagoner
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
1 have reviewed the foregoing summary and believe
that it provides a true and complete summary of
Ordinance No. 3498 and provides adequate noticnce.
the public as to the contents of such ordina
DATED this 18th day of April, 2023.
Mark Hilty, Attorney for City of Caldwell
LICENSE No.
-formrrlp nfermf io as 7hnf Na."
CERTIFICATE OF LICENSE TO INTER
AND FOR PERPETUAL CARE
KNOW ALL MEN BY THI:SF. PRFSFNTS, that the CITY OF CAI.DWFI.I_, IDAHO, an Idaho municipal
corporation of 41 L Blaine Street, Caldwell, Idaho 83605 ("Licensor"), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, and pursuant to the laws of the State of Idaho
and the Caldwell City Code, does hereby grant unto I..ICF.NSFF, identified more particularly below, a license
for the use of SPACE(S) , LOT , of Block , of the CALDWEI_L CEMETERY
(otherwise known as Canyon Hill Cemetery), as platted and filed and recorded in the office of the Recorder
of Canyon County, State of Idaho, or for the Crypt(s) or Niche(s) identified in the cemetery records as
, for the sole and limited purpose of interment.
LICENSEE: Name:
Home Address:
Telephone number:
TO HAVE AND TO HOLD the same unto the said Licensee and his or her heirs and assigns forever, for the
sole and limited purpose of interment, subject to such regulations as the CityCouncil of the City of Caldwell
may, from time to time, establish.
Provided, that in the event that the above described Cemetery spaces)/crypt(s)/niche(s) is (are) not used for
interment purposes within fifty (50) years from the date hereof, then licensee's license for use of said
space(s)/crypt(s)/niche(s) shall expire and be immediately and automatically revoked, and that any real
property rights deemed to have been conveyed hereby, if any, shall automatically revert to and vest absolutely
in fee simple in the City of Caldwell at that time, without notice.
A portion of the above consideration, t"'it, rile sum of $ DOLLARS, shall be and hereby is allotted
and apportioned to the "Cemetery lot Perpetual Care Fund" of the City of Caldwell, Idaho, and in
consideration of said sum the City of Caldwell hereby agrees to forever and perpetually care for, irrigate and
attend to, in a good and sufficient manner, under such regulation as the City Council of the City of Caldwell
may, from time to time, establish, said space(s)/crypt(s)/niche(s) and property above described. NOTE: if
this Certificate is issued in connection with a space or spaces for which funds have already been collected for
this purpose, no additional funds shall be collected for purposes of perpetual care.
IN WITNESS WHERFOF, The City of Caldwell has caused these presents to be subscribed by its Mayor and
attested by its Clerk and its corporate seal to be hereunto affixed this day of , 20
Attestation:
City Clerk
City of Caldwell, Idaho (Licensor)
Mayor
CERTIFICATE OF LICENSE TO INTER AND FOR PERPETUAL CARE - PAGE 1
STATE OF IDAHO )
} ss.
County of Canyon )
On this ^ day of 20, before me, the undersigned notary public in and
for said state, personally appeared , Mayor of the CITY OF CAI.DWF1_I_,
Idaho, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho,
known or identified to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he has the authority to execute and has executed the same for the purposes therein
contained on behalf of the City of Caldwell, Idaho.
IN WITNFSS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
*Seal*
STATE OF IDAHO )
ss.
County of Canyon }
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
On this _ day of , 20bcfore me, the undersigned notary public in and
for said state, personally appeared , Clerk of the CITY OF CAI.DWEI L,
Idaho, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho,
known or identified to me to be the person whose name is subscribed to the foregoing instrument and
hority to execute and has executed the same for the purposes therein
acknowledged to me that she has rile aut
contained on behalf of the City of Caldwell, Idaho.
IN WITNESS WHFRFOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
CERTIFICATE of LICENSE To INTER AND FOR PERT ETUAL CARE - PAGE 2 _