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Home My WebLink AboutORD 211i a ORDINANCE NO. -'// io AN ORDINANCE amending Ordinance No. 103, "An ordi- nance to provide for the regulation of the City Cemetery and the conveyance of lots therein and to provide for the appointment of a Sexton and to define his duties" and to provide for a sinking fund and a penalty for violation of this ordinance or any part thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL: SECTION I. That Ordinance No. 103 of the City of Caldwell enti- tled: "An ordinance to provide for the regulation of the City Cemetery and the conveyance of lots therein and providing for the appointment of a Sexton and to define his duties" be and the same is hereby amended to read as follows: SECTI ff 2. There shall be appointed by the Mayor, to be con- firmed by the Council, a Sexton who shall hold his office for the term of two years and until his successor is appointed and qualified providing the Sexton may be removed from his office at any time by the Mayor and Council. SECTION 3. The person so appointed shall take and file the oath required of other officers of the City and shall execute and file a good and sufficient bond to the City of Caldwell in the sum of ®/ /� u for the faithful performance of his duties. l /__ � SECTION 4.. It shall be the duty of the Sexton to take charge of the City Cemetery and improve the grounds thereof under the direction of and subject to the approval of the Mayor and Coun- cil, to dig or cause to be dug all graves required for the burial of the dead therein except hereinafter provided and keep a record of the same and of all the disinterments as hereinafter provided for and to perform such other duties as may be prescribed by this ordinance. -2 SECTION 5. No person or persons shall be allowed to bury their dead in said cemetery without first obtaining title to the lot in which they bury or furnish the written permission of the owner of said lot, which permit shall be filed in the office of the CITY CLERK and no person shall disinter any body in said cemetery except under the direction of the Sexton and the Sexton shall require the written order of the owner of the lot in which such body is buried which order shall be filed in the office of the City Clerk, SECTION 6. Both the Sexton and the City Clerk shall keep a Cem- etery Record in numerical order with aZi alphabetical index of all deeds, transfers, orders and permits provided for by this ordinance , and shall designate the lot sold and the portion of any lot occupied and the portion vacated by disinterment, by coloring or otherwise indicating the same on the plat which is to be a part of said record. Said record shall also indicate the name, age, color and sex of de- cedent, the date of death and cause thereof, if known, the name of attending physician or coroner or undertaker employed and date of burial, the place of birth, the place of death, also the names of every minor deceased. SECTION 7. Any person desiring tU 'r chase a lot in said cemetery shall make application to the who s hall procure for such person a certificate of conveynnoe signed by the Mayor and counter- signed by the City Clerk, under seal of the City, specifying the person to whom the same is sold, is the owner of the lot described therein for the sole purpose of interment and such certificate shall vest in such person, his or her heirs or assigns, a title in and to such lot dor the sole purpose of interment under the regulations of the City Council and such lot shall be exembt from taxation and execution, but no certificate shall be issued as herein provided until the price of lot so conveyed is fully paid to the City Clerk, SECTION 8. No person or corporation shall own either directly or indirectly more than two unoccupied lots in said cemetery at any one time. SECTION 9® The price to be paid for lots in said cemetery shall be as follows: 0 -3- • 6 Block 1, Lots 1- 2- 2324- 25- 26- 11-12- 13 -14 -35 and 36, each ----- 4p25.00 Block 1 Lots, 3-4-5-6-7-8-9-10- 15- 16 -17- 18-19- 2A- 21- 22- 2 7 -28- 29- 30- 31 -32 -33 and 34, each ----------- - - - - -- 40.00 Block 2, Lots 1- 2- 3-- 4- 5- 6- 7- 8- 9- 10- 11- 12-13- 14- 15- 16- 17 -18 -19 20- 21- 22- 23- 24- 41- 4243- 44- 45- 46- 47 -48- 49°50-514 52- 53- 54- 55- 5657- 58- 59- 60- 61 -62 -63 and 64,each- 25.00 Block 2, Potter's Field, Lots 26-27-28-29- 3031- 32- 33- 34- 35-36.- 37A38 and 39, each--------------------- - - - - -- 25.00 Block 3, all lots, each------------------------------ - - - - -- 30.00 Block 4, all lots, each------------------------------ - - - - -- 30.00 Block 5, all lots, each------------------------------ - - - - -- 25.00 Lots A, B, 0, D, B, F, G, and H, each--- - - - - -- - - - - -- 40.00 Block 6, Lots 1- 2- 3- 4- 5- 6- 7- 8- 9- 10-11- 12-13- 14-- 15- 16- 17 -18- 19- 20-21- 22- 23- 24- 25- 26 -27 -30 and 31, each -- 40.00 Block 6, Lots 33- 47- 46 -58- 5965 -66 and 68, each -- - - - - -- 12.00 Block 6, Lots 28 and 29, each ,---------------------- - - - - -- 25.00 Block 6, Lot 32------------------------------------- - - - - - 15.00 Block 6, Lots 3445-36-37-38-39-40-41-42-43-44-45-46-49-50- and 67,each- 10.00 Block 7, Lots 6- 7- 19- 20- 28-29 -33 and 34, each---------- - - - - -- 12.00 Block 7, Lots 8- 9- 10- 11- 12- 13- 14- 15- 16- 17- 18- 2 1- 22 - 23 - 24 -25 -26 27 -30 -31 and 32, each-------------------- - - - - -- 10.00 /Block 7, Lots 1 -4 and 5, each---- ---------------------- - - - - -- 40.00 to Block 7 Lots 2 and 3, each--------------------------- - - - - -- 20.00 Block 8, Lots, 1- 2- 3- 4- 5- 8- 9- 10- 11- 12- 13 -14- 15-16 -19- 20. and 22, each---------------------------- - - - - -- 40.00 Block 8, Lots 6 -7- * - each------- - - --•- ----------- - -_.- 50.00 Block 9, Lots 1- 2- 3- 6- 7- 8- 61- 62-63- 64- 65- 66- 67- 68-- 6 70 - 72- 73- 74- 75 -76 -77 and 78, each ------------- - - ®_ -_ 25.00 Block 9 Lots 9- 10-11- 12- 13- 14- 15- 16- 17- 18- 19- 20- 21- 2 2- 2 3 - - 28- 29- 30- 31- 32- 33- 34- 35- 36- 39- 40- 41- 4 4 3- 4 - 46- 47- 48- 49- 50- 51- 54- 55- 56- 57 -58 -59 and 60,each -- 40.00 Block 9, Lots;14 -35 -38 and 53, each------------------ - - - - - -- 50.00 Block 9, Lots 13 -24 -37 and 52, each ,-------------------- - - - - -- 45.00 Block 10, Lots 1 and 2 each ----------------------- $40.00 Block 11, Lots 1 and 3, each-------------- - - - - -- 10.00 Block 11, Lot 6-------------------------- - - - - -- 11.60 Block 11, Lot 8------------------------ - - - - -- 40.00 v Block 12, lot 2,------------------------- - - - - - - 12.00 -4- Block 12, Lot 7--- a--------- ---- --------- $30. Block 13, Lot 1-------------- ---- - ----- 30.00 Block 13, Lot 5--------------- ---- - ----- 1 Block 14, Lot 2------------------ - - - - - 25.00 Block 14, Lots 4 and 5, each----- - - - - -- 10.00 Block 15, Lot 1------------------ - - - - -- 30.00 Block 15, Lot 6 ------------------------ 40.00 Block 16, Lot 1 ------------------------ 25.00 Block 16 Lot 5------------------ - - - - - - 15.00 Y _ Block 18, Lot 1-------------- - - - - -- 30.00 Block 19, Lot 1------------------ 25.00 Block 20, Lots 1 -2 and 3------ - - - - -- 25.00 Block 21, Lots 1 -2 and 3, each - - - - -- 20.00 Y Block 25, Lot 28--------------- - - - - - 25.00 Block 25, Lot 25------- - - - - -- - - - - -- _10.00 Block 25, Lot 26----------- - - -- -- 15.00 Block 26, Lot 1------------- -- - - --- 15.00 Block 26, Lot 4 - - - - -- ----- - - ---- 10.00 Block 27, Lot 2--------------- - - - - -- 35.00 Block 28, Lot 3--------- --- - -- 30.00 Block 28, Lot.-7 - - --- - -- ___ - -- 20.00 Block 29, Lot 1-------- -- - - -- ----------------------- 10.00 Block 29, Lot 6 - - - -- --------------------- 12.50 Block 30, rot 3------ -- ---- --- ------ 20.00 Block 31, Lot 3--------------- - - - - -- 10.00 Block 31, Lot 5--------------- - - -- -- 15.00 Block 32, Lot 2------------- - - - - -- 15.00 Block 33, Lot 7--------------- - - - - -- 15.00 Block 33, Lots 16 and 19, each--- - - - - -- 10.00 Block .33, Lot 5------- ------ -- -------- 15.00 Block 34, Lot 4----------------- - - - - -- 12.50 0 • -5- Block 34, Lot 6 ----------------------------- $11.50 Block 34, Lot 7----------------------- - - - - -- 20.00 R . Block 34 Lot 17--------------------- - - - - -- 15.00 Block 34 Lot 15--------------------- - - - - -- 12.00 Block 34, Lot 22-------------------- - - - - -- 20.00 Block 35, Lot 1--------------------- - - - - -- 12.50 Block 26, Lot 5-------------------- - - - - -- 10.00 Block 37, Lots 4 and 6, each-------- - - - - -- 10.00 Block 40, Lots 2 and 7, each------- - - - - -- 15.00 0 Block 40, Lot 3------------------- - - - - -- 12.58 Block 41, Lots 5 and 6, each------ - - - - -- 25.00 Block 42, Lots 1 and 4, each------ - - - - -- 35.00 Block 43 0 Lot 1------------------- - - - - -- 15.00 Block 44, Lots 1-2 and 3, each----- -- - - -- 25.00 Block 45, Lots 1 -2 and 3, each----- - - - - -- 22.50 Block 46, Lots 1 and 2, each - - - - -- - - - - -- 15.00 Block 46, Lots 10 and 17, each----- - - - - -- 25.J0 Block 46, Lots 11 and 20, each------ - - - - -- 22.50 Block 47, Lots 2 and 3, each-------- - - - - -- 22.50 Block 48, Lot 3-------------------- - - - - -- 15.00 Block 48, Lot 6------------------- - - - - -- 12.50 Block48, Lots 4 and 10, each - - - -- - - - - - -- 17.50 Block 49, Lot 4------------------- - - - - -- 25.00 Block 50, Lot 8-------------------- - - - - -- 20.00 Block 50, Lots 3 and 12, each------ - - - - -- 25.00 Block 51, Lots 7 and 9,,- each-------- - - - - -- 12.50 Block 53, Lot 3-------------------- - - - - -- 22.50 Block 53, Lot 15------------------- - - - - -- 15.00 Block 53, Lots 6-6 and 14, each---- - - - - -- 25.00 SECTION 10. The fee for a permit from the City to bury in that portion of the cemetery heretofore unplatted on lots where burials have been made prior to the passage of this ordinance shall be as follows: 1 there is room for one more grave, $3.00, two more, $5.00, theee more, $7950 and four more or over $1Q.QO and no per- i • • a mit as herein provided shall be issued until such fee is paid to the City Clerk. , SECTION 11. Any one holding a permit to on any lot in that por- tion of the cemetery heretofore unplatted, and otherwise vacant, may obtain title to such lot by certificate of conveyance upon his pay- ing to the Clerk the following prices, towit: Where there is room for no more graves, $2.00 one more, $3.00, two more, X5.00, three more, $7.50, and four more or over, $10.00. SECTION 12. The Sexton is authorized to collect from those re- quiring his services as such, the following fee for the following services: For digging and filling a grave not more than four feet in length and four feet six inches deep, $2.50; for digging and filling a grave over four feet in length and five feet six inches deep, $5.00; for disinterring a body from a grave not more than four feet in length, $5.00 and from a grave over four feet in length, $7.00 and for recording each burial and each removal which fees are to be turned over by him to the City Clerk and by the City Clerk to the City Treasurer. SECTION 13. No one shall be allowed to ornament or place a fence around any lot in said cemetery or a monument or tomb -stone thereon except by permission of the Sexton who shall furnish the true li of lots according to official survey and no grading shall be done by any one except by permission of the Mayor and Council and under the supervision of the Sexton. SECTION 14. That Lots No. 26- 27- 28- 29- 31 - 32 - 33 - 34 - - - 3 7 - 38 and 39 of Block 2 be and the same are hereby reserved as a Potter's Field for the burial of County poor of Canyon County which County shall however pay for each lot the price therefor provided by ordi � nanee. SECTION 15. There is hereby created a cemetery fund to which one half of all moneys received for lots and permits shall be credited. SECTION 16. All moneys credited to the Cemeterj Fund shall be ex- pended under the direction of the Council in preserving, protecting, ornamenting, improving and laying out the grounds of said cemetery and the avenues, walks and ,public grounds therein and otber necessary 0 -7- • expenses incident to the care of same. SECTION 17. There is hereby created a "CEMETERY PERPETUAL SINKING FUND" to which one half of all moneys received for lots and permits shall be credited, together with all donations made to said fund and all moneys credited to said fund shall be invested by the Council in City Warrants or good bonds approved by the Council. The said warrants and bonds so purchased shall at once be indorsed as belonging to the C31E TERY PERPETUAL SINKING FUND and immediately deposited in the custody of the Treasurer, the Clerk taking a receipt therefor to be by him filed and recorded and kept together with other papers and records of the cemetery and the interest and income from such in- vestments shall be expended under direction of the Council in pro- serving, protecting ornamenting, improving and laying out the grounds and necessary expenses incidental to the care of same. SECTION 1€3. The Sexton shall once each month and as often as may be required by the Council, make to the Council a written report and account of all his official act: during the month immediately preceding, also a yearly report at the end of each :fiscal year. SECTION 19. The Clerk and Treasurer shall each, once each month and as often as may be required by the Council, report to the Coun- cil all investments made as provided by Section Seventeen of this ordinance during the month immediately preceding said report, also a yearly report at the end of each fiscal ,year, which reports are to be kept on file in the Clark's office. SECTION 20. Every monument and every tomb -stone shall be erected upon a solid concrete foundation at least two feet in the ground and otherwise of sufficient size to permanently support such monument or tombstone so erected. �} SECTION 21. The salary of the Sexton shall be pe , payable monthly, which salary shall be full compensation for all services by him perforr:�ed as Sexton. SECTION 22. No person shall remove or carry away or break, deface, coestroy or otherwise injure any monument, tombstone, tree, shrub, plant, vase, railing, gate or other property, article or thing I belonging to or placed or erected in said cemetery or molest any grave therein or obstruct or injure or damage anystreet or alley in said cemetery or violate any of the provisions of this ordinance and any person so doing shall be guilty of a misdemeanor and upon conviction thereof shall be fined any sum not exceeding $100.00. Passed the City Council of the City of Caldwell, this day of Clerk. J Approved this _day of �/ • x '