HomeMy WebLinkAboutORD 3122 BILL NO. 41
ORDINANCE NO.3122
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING
CHAPTER 4, ARTICLE 9, SECTIONS 04-09-01 AND 04-09-03, OF THE CALDWELL
CITY CODE, PERTAINING TO THE CANYON HILL CEMETERY AND
REGULATIONS PERTAINING THERETO; REPEALING AND REPLACING
CHAPTER 4, ARTICLE 9, SECTION 04-09-09, PERTAINING TO PERPETUAL CARE
OF CEMETERY LOTS AND TO THE FORM OF CERTIFICATE TO BE ISSUED
GRANTING THE RIGHT TO INTERMENT IN A PARTICULAR CEMETERY LOT;
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, Sections 04-09-01 and 04-09-03, of the Caldwell
City Code,pertaining to the Canyon Hill Cemetery and regulations pertaining thereto,be amended,
as follows:
04-09-01: BURIAL AND DISINTERRING REQUIREMENTS:
(1) Title To Lot Required: No person shall be allowed to bury their dead in
the cemetery without first obtaining title to the lot(represented by a deed,quitclaim
deed, certificate of license to inter or other document, satisfactory to the sexton,
evidencing the right of said individual to use of the lot for burial purposes)in which
they wish to bury or without furnishing the written permission of the owner of said
lot to the sexton. Such written permission from the owner of said lot shall be filed
in the office of the city clerk. No person shall disinter any body in said cemetery
except under the direction of the sexton. 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.
04-09-03: LOTS AND SPACES:
(1)Record Of Lot Sales:
A. Both the sexton and the clerk shall keep a cemetery record in numerical
order with an alphabet index of all deeds,transfers,orders,certificates of license to
inter, and permits provided for by this article and shall designate the lot sold and
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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 the deceased,the date
of death,the name of undertaker employed and date of burial.
B. Any person desiring to transfer his or her ownership in a lot in said
cemetery shall make application to the clerk who shall assist such person in
preparation of : . . .• -- . . . -. •. . . - . . a Request
for Issuance of Certificate of License to Inter to New Owner/Licensee.The city will
charge a fee for said transfer, as set by resolution of the city council.
(2)Application For Purchase: Any person desiring to purchase a lot in said
cemetery shall make application to the clerk, who shall procure for such person a
certificate of license to inter conveyance-signed by the mayor and countersigned by
the clerk,under the 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. Such
certificate shall vest in such person, his or her heirs or assigns,a title in and to such
lot for the sole purpose of interment under the regulations of the council. Such lot
shall be exempt from taxation and execution, but no certificate shall be issued as
herein provided until the price of lot so conveyed is fully paid.
Section 2. That Chapter 4, Article 9, Section 04-09-09, of the Caldwell City Code,
pertaining to perpetual care of cemetery lots and to the form of certificate to be issued granting the
right of interment in a particular cemetery lot, be repealed and replaced with the following, new
Section 04-09-09:
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
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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 which is
hereby acknowledged, and pursuant to the laws of the State of Idaho
and the Caldwell City Code, does hereby grant unto LICENSEE,
identified more particularly below, a license for the use of
SPACE(S) , 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 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 City Council of the City
of Caldwell may,from time to time, establish.
Provided, that in the event that the above described Cemetery
space(s)/crypt(s)/niche(s) is (are) not used for interment purposes
within thirty 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. Provided further, however,
that the aforesaid period of thirty years may be extended once upon
written request and received by the Caldwell City Clerk at least
thirty (30) days prior to the thirtieth anniversary hereof the timely
receipt of which shall result in an automatic, one-time extension of
ten (10) additional years.
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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"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 WHEREOF, 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 .
City of Caldwell, Idaho (Licensor)
Mayor
Attestation:
City Clerk
Section 3. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 4. 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.
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Section 5. 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 December, 2017.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,this 18th
day of December,2017.
ATTEST:
144444tik,
4A A.
Mayor Garret Nancolas City Clerk, Debbie Gey4
(or Deputy)
.••', CITY, ��''•.
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PAGE-5
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.3122
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL,AMENDING CHAPTER
4, ARTICLE 9, SECTIONS 04-09-01 AND 04-09-03, OF THE CALDWELL CITY CODE,
PERTAINING TO THE CANYON HILL CEMETERY AND REGULATIONS PERTAINING
THERETO; REPEALING AND REPLACING CHAPTER 4, ARTICLE 9, SECTION 04-09-09,
PERTAINING TO PERPETUAL CARE OF CEMETERY LOTS AND TO THE FORM OF
CERTIFICATE TO BE ISSUED GRANTING THE RIGHT TO INTERMENT IN A PARTICULAR
CEMETERY LOT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL ORDINANCES,RESOLUTIONS,ORDERS AND PARTS THEREOF,IN
CONFLICT HEREWITH.
Sections 1 through 2: Amends various sections of Chapter 4, Article 9, of the Caldwell City Code, to
reflect changes resulting from the new practice of issuing Certificates of License to Inter for cemetery lots,
rather than the former practice of issuing deeds or other conveyance documents for said purpose,provides
an updated procedure for transfer of one or more unused cemetery lots to a new licensee,and makes other
minor but related changes.
Sections 3 through 5: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. 3122 provides an effective date, which shall be on the 26th day of December, 2017.
Ordinance No. 3122 was passed by the Council and approved by the Mayor on the 26th day of December,
2017. 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 December,2017,
for publication on the 26th day of December,2017,pursuant to Idaho Code § 50-901A.
Mayor Garret Nancolas
ATTEST: Debbie Geyer,City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and eh: e
that it provides a true and comple - s mm • '
Ordinance No. 3122 and provid-: adequ. = s t'• to
the public as to the content : such ordinance.
DATED this 18th day of Decembe 2017.
Mark Hilty,Attorney for City of 01 ldwell
MEMO TO FILE
TO: Mayor and City Council
FROM: Aaron L. Seable,Hamilton, Michaelson & Hilty, LLP
DATE: December 18, 2017
RE: Cemetery Ordinance Update and Related Changes
Presented to you tonight is Bill No. 41 (Ordinance No. 3122, together with its Summary) which
makes several changes to Chapter 4 of Article 9 of the Caldwell City Code. Many of the changes
outlined in Bill No. 41 are minor, but most are related to a proposed change in practice toward
properly referencing the true nature of the real property right that is being granted to a person who
purchases a"space"at the cemetery from the City. In essence,when a person purchases a"space"
at the cemetery,that person is not purchasing full legal title to the space,nor do most people expect
that to be the case; rather, that person is obtaining a license (i.e., permission) to use a particular
space for the sole and limited purpose of interment or burial of a body.
In order to more accurately represent the property right being granted to a purchaser of a space at
the cemetery, we have prepared a new form, the "CERTIFICATE OF LICENSE TO INTER AND FOR
PERPETUAL,CARE,"which will be used to grant the purchased right for burial to purchaser's of new
spaces at the cemetery. Likewise, a second new form, the "REQUEST FOR ISSUANCE OF
CERTIFICATE OF LICENSE TO INTER TO NEW OWNER/LICENSEE" has been prepared for those
situations where a previously purchased space is transferred or sold to a new owner/licensee.
An additional purpose for the ordinance is to update Section 04-09-09,which sets forth in the city
code the wording for the document transferring rights in a cemetery space(which has been updated
to reflect the new form referenced above).
Should the council approve of the changes represented in the draft ordinance,the changes will be
come effective upon publication of the ordinance on December 26, 2017, and the two new
proposed documents will be implemented for use immediately at the cemetery.
REQUEST FOR ISSUANCE OF
CERTIFICATE OF LICENSE TO INTER
TO NEW OWNER/LICENSEE
I, the Current Owner/Licensee identified below, as owner/licensee of the unused burial space(s)/crypt(s)/niche(s) listed
below, or his duly authorized agent, heir,successor or assign, possessing the right to use of said space(s)/crypt(s)/niche(s) for
the sole purpose of interment, do hereby request that the City of Caldwell document the sale, gift or other transfer of the
space(s)/crypt(s)/niche(s) identified below from me to the New Licensee identified below by issuance of a new"Certificate of
License to Inter and for Perpetual Care"to said New Licensee, upon receipt of this request and any fee due thereon. NOTE:
If the New Licensee section is left blank,the Current Owner/Licensee is requesting that the City of Caldwell assist in procuring
one or more New Licensees.
CURRENT OWNER/LICENSEE: Name:
Home Address:
Telephone number:
UNUSED SPACE(S)/CRYPT(S)/NICHE(S): Space(s) , Lot , of Block
Crypt(s)/Niche(s)
NEW LICENSEE: Name:
Home Address:
Telephone number:
Attached hereto is the original license, deed, or other document evidencing my ownership of the space(s)/crypt(s)/niche(s)
identified above, or, if not attached, I hereby declare that said original has been lost or destroyed.
To the extent my interest in said space(s)/crypt(s)/niche(s) might be construed as an interest in real property greater than a
license, I do hereby remise, grant release and forever quitclaim my interest in said space(s)/crypt(s)/niche(s) to the City of
Caldwell, and do request that the City of Caldwell issue a new"Certificate of License to Inter and for Perpetual Care" to the
New Licensee identified above for each of the space(s)/crypt(s)/niche(s)herein referenced.
DATED this day of , 20
CURRENT OWNER/LICENSEE
Printed:
STATE OF IDAHO )
ss.
County of Canyon
On this day of ,20 ,before me,the undersigned,a Notary Public in and for said State,
personally appeared the"Current Owner/Licensee"identified above,known to me to be the person whose name is subscribed
to the within and foregoing instrument and acknowledged to me that he or she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above
written.
NOTARY PUBLIC FOR IDAHO
Residence:
*SEAL My Commission Expires:
LICENSE No.
(formerly referred to as"Deed 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 which is hereby acknowledged, and pursuant to the laws of the State of Idaho
and the Caldwell City Code,does hereby grant unto LICENSEE,identified more particularly below,a license
for the use of SPACE(S) , 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, 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 City Council of the City of Caldwell
may,from time to time,establish.
Provided, that in the event that the above described Cemetery space(s)/crypt(s)/niche(s) is(are) not used for
interment purposes within thirty 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.Provided further,however,that the aforesaid
period of thirty years may be extended once upon written request and received by the Caldwell City Clerk at
least thirty(30) days prior to the thirtieth anniversary hereof, the timely receipt of which shall result in an
automatic, one-time extension of ten(10)additional years.
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" 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 WHEREOF,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
City of Caldwell, Idaho(Licensor)
Mayor
Attestation:
City Clerk
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 CALDWELL,
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 WITNESS WHEREOF,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
*Seal* My Commission Expires
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 , Clerk of the CITY OF CALDWELL,
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 she has the authority to execute and has executed the same for the purposes therein
contained on behalf of the City of Caldwell, Idaho.
IN WITNESS WHEREOF,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
*Seal* My Commission Expires
CERTIFICATE OF LICENSE TO INTER AND FOR PERPETUAL CARE-PAGE 2