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Home My WebLink AboutORD 11590 BILL NO. 6 ORDINANCE NO. 1 159 3 BY COUNCILMAN KEYS 4 AN ORDINANCE AMENDING SECTION 8 -5 -1 OF CHAPTER 5 OF TITLE VIII OF THE CITY CODE OF THE CITY OF CALDWELL, IDAHO, PROVIDING FOR THE 5 BURIAL OF A BODY ON A CEMETERY LOT IN WHICH THERE IS NO RECORD OF TITLE IN THE DECEASED UPON AN AFFIDAVIT SHOWING SOME RELATIONSHIP 6 TO THE ORIGINAL OWNER, AND THE EXECUTION OF AN INDEMNITY AGREE- MENT TO THE CITY OF CALDWELL AND APPROVAL THEREOF BY THE CITY 7 COUNCIL AND MAYOR: AMENDING SECTION 8 -5 -2 of CHAPTER 5 OF TITLE VIII OF THE CITY CODE OF THE CITY OF CALDWELL, IDAHO, PROVIDING 8 THAT ANY PERSON DESIRING TO TRANSFER OWNERSHIP IN A CEMETERY LOT CAN MAKE APPLICATION TO THE CLERK WHO SHALL PREPARE A QUITCLAIM 9 DEED FOR THE SAME, AND THE CLERK SHALL CHARGE A FEE OF $1.00 THEREFOR: AMENDING SECTION 8 -5 -10 OF CHAPTER 5 OF TITLE VIII OF 10 THE CITY CODE OF THE CITY OF CALDWELL, IDAHO, PROVIDING FOR THE ADDING OF A PROVISION IN THE DEED AND CERTIFICATE OF PERPETUAL CARE 11 FOR CEMETERY LOTS OF THE CITY OF CALDWELL, THAT IN THE EVENT THE LOT OR LOTS ARE NOT USED FOR INTERMENT WITHIN THIRTY YEARS, THE 12 SAME SHALL REVERT TO THE CITY OF CALDWELL, PROVIDED THAT SAID PERIOD OF THIRTY YEARS MAY BE EXTENDED UPON WRITTEN APPLICATION AND APPROVA 13 OF THE CITY COUNCIL AND MAYOR OF THE CITY OF CALDWELL; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE AND PRO- ° 14 VID]NG FOR THIS ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION. 15 16 BE IT ORDAINED By the Mayor and Council of the City of c 17 Caldwell, Idaho: c 18 Section 1. That Chapter 5, Title VIII, Section 8 -5 -1 of 19 the City Code of the City of Caldwell, Idaho, is hereby amended to 20 read as follows: 21 11 8 -5 -1. REQUIREMENTS FOR BURIAL: No person shall be 22 allowed to bury their dead in the Cemetery without first obtaining 23 title to the lot in which they bury, or furnish the written permis- 24 sion of the owner of said lot, which permit shall be filed in the 25 office of the Clerk, and no person shall disinter any body in said 26 Cemetery except under the direction of the Sexton, and the Sexton 27 shall require the written order of the owner of the lot in which 28 such body is buried, which order shall be filed in the office of the 29 Clerk. 30 Provided however, that any mortician or surviving heir 31 wishing to bury a body on a lot in which there is not record of 32 title in the deceased in the Office of'the Clerk, such persons will • So a c c 0 1 be required to show some relationship to the original owner as shown 2 by the records of the office of the Clerk, by affidavit, under oath, 3 and shall be further required to sign an indemnity agreement to the 4 City of Caldwell to indemnify and save harmless the City of Caldwell 5ifrom any loss, damage, costs and expenses which the City of Caldwell 6 may thereafter suffer, incur, to be put to, pay or lay out by reason 7 of such burial, and providing further, that said persons have at- 8 twined the prior approval of the City Council and the Mayor." 9 Section 2. That Chapter 5, Title VIII, Section 8 -5 -2 1 the City Code of the City of Caldwell, Idaho, is hereby amended 11 to read as follows: 12 "8 -5 -2. RECORD OF LOT SALES: Both the Sexton and the 13 Clerk shall keep a Cemetery Record in numerical order with an 14 alphabet index of all deeds, transfers, orders and permits provided 15 for by this Chapter and shall designate the lot sold and the portion 16 of any lot occupied and the portion vacated by disinterment, by 17 coloring or otherwise, indicating the same on the plat which is to 18 be a part of said record. Said record shall also indicate the name, 19 age, color and sex of the deceased, the date of death, the name of P- undertaker employed and date of burial. 21 Any person desiring to transfer his ownership in a lot 22 in said Cemetery shall make application to the Clerk who shall pre - 23 pare a quitclaim deed for the execution of such person and the Clerk 24 shall charge a fee of $1.00 therefor." 25 Section 3. That Chapter 5, Title VIII, Section 8 -5 -10 26 of the City Code of the City of Caldwell, Idaho, is hereby amended to 27 read as follows: 28 11 8 -5 -10. CERTIFICATE: In any instance where the Cemetery 29 lots have been heretofore sold in the Cemetery on which certificate au for perpetual care has not heretofore been issued and on which the 31 owner of said lot may now or hereafter become entitled to receive 32 a certificate of perpetual care, it shall be the duty of the Clerk 1 0 0 a , qq C7 0 r7 upon receipt of payment of any sum of money for perpetual care on any lot in said Cemetery, as hereinafter provided, to issue a certi- ficate to the person entitled in the following form: "Deed No. DEED AND CERTIFICATE OF PERPETUAL CARE CITY OF CALDWELL, COUNTY OF CANYON, S'L'ATE OF IDAHO KNOW ALL MEN BY THESE PRESENTS, That THE CITY OF CALDWELL, a duly orginized municipal corporation, exist - ing under and by virtue of the laws of the State of Idaho, in consideration of the sum of DOLLARS paid by , the receipt whereof is hereby acknowledged, in pursuance of the statutes of said State and the ordinances of said City, does hereby sell and 5 7 1 M 14 15 16 17 16 19 convey unto the said Lot numbered 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 purpose of interment. TO HAVE AND TO HOLD, The same unto the said and heirs and assigns forever, for the sole purpose of interment, under such regulations of the 23 City Council of said City as may from time to time be es- 24 tablished. 25 Provided that in the event that the above described 26 cemetery Lot(s) is (are) not used for interment purposes 27 within thirty years from the date hereof, then the property 28 hereby conveyed shall automatically revert to and vest 29 absolutely in fee simple in the City of Caldwell at that 30 time, without notice, provided further however, that the 31 aforesaid period of thirty years may be extended upon 32 written application prior to its termination and approval 1 0 0 0 0 I thereof 'by the City Council and Mayor of the City of Cald- 2 well 3 A portion of the above consideration, to-wit, the 4 sum of - DOLLARS shall be and 5 hereby is allotted and apportioned to the "Cemetery Lot 6 Ferpetual Care Fund" of the City of Caldwell, Idaho, and 7 in consideration of said sum the City of Caldwell hereby 8 agrees to forever and perpetually care for, Irrigate and 9 attend to, in a good and sufficient manner, under such rem 1d gulations as the City Council of the City of Caldwell may U from time to time establish, said lots and property above 12 described 13 IN WITNESS WHEREOF, The City of Caldwell has caused 14 these presents to be subscribed by its Mayor and counter- 15 signed by its Clerk and Its corporate seal to be hereunto 16 affixed this day of A.D., 19_. 17 is Mayor 19 Countersigned. by 1 21 Clerk 22jt shall be the duty of the Clerk to record said above described 23 certificates, at the time of issuance thereof In a proper book to 24 be provided and kept by him for that purpose® 25 It shall also be the duty of the Clerk immediately upon 26 the issuance of such certificate to give the Sexton of said Cemetery 27 sufficient written notice of such fact, so as to enable the Sexton 28 to Five the proper lot such care as is provided in this Chapter ®" 29 Section 4. All ordinances, resolutions, orders or Darts 30 therewith, in conflict herewith are hereby repealed, rescinded and 31 annulled® 32 1 Section 5® This ordinance shall be In full force and Y , ,.. %:' 1 1 1 1 3 0 ®' 1 ON 1 � U Cti 1 n 1 1 F 1 effect from and after its approval, passage and publication, as re- 2 quired by law. 3 PASSED By the Council of the City of Caldwell, this 17th 4 day of March , 1969 5 APPROVED By the Mayor of the City of Caldwell, this 17th 61 day of March , 1969 ATTEST: (__ Clerk First reading: February 3, 1969. Second reading: February 17, 1969. Mayor 31