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HomeMy WebLinkAbout2010-051 Tahoma Cemetery Rates and Fees Adjustment; YMC Amendment 7.04.050, 7.04.070, 7.04.080, 7.04.090 ORDINANCE NO 2010 -51 AN ORDINANCE relating to rules and regulations for Tahoma Cemetery; increasing and amending fees, incorporating appropriate wording changes to correctly reflect current cemetery operations, and amending sections 7 04 050, 7 04 070, 7 04 080, and 7 04 090 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Sections 7 04 050, 7 04 070, 7 04 080, and 7 04 090 of Chapter 7 04 entitled "Tahoma Cemetery" of the Yakima Municipal Code are amended to read as follows Chapter 7 04 TAHOMA CEMETERY Sections 7 04 010 Establishment. 7 04 050 Operation and management of cemetery 7 04 070 Fees — Cemetery fund 7 04 080 Procedure for purchase of block in cemetery 7 04 090 Rules and regulations 7 04 010 Establishment. Hereafter the city cemetery and all additions thereto now or hereafter made shall bear the name and be known as "Tahoma Cemetery " Whenever in any of the ordinances, resolutions, regulations or orders of the city council, said cemetery is or may be referred to as the "city cemetery," or by any other name or designation such reference or provision therein shall apply to and be held to relate to Tahoma Cemetery 7 04 050 Operation and management of cemetery The city manager shall, subject to the approval of the city council, make such rules and regulations governing and concerning said cemetery as may be required for the proper operation and management of said cemetery and as may be necessary to carry into effect the provisions of this chapter and all other ordinances or resolutions pertaining to said cemetery He shall also, subject to the approval of the city council, fix a schedule of prices to be charged and collected for all unsold lots in said cemetery, and for any and all services rendered by the cemetery employees of the city cemetery for any and all services whatsoever in or about said cemetery; all such rules and regulations and said schedule of prices to be printed for free distribution 7 04 070 Fees — Cemetery fund. All fees and charges collected or received by any employees of the city cemetery for any and all purposes or services whatsoever in or about said cemetery shall, except where by law or ordinance directed to go into some other fund of the city, to be turned over to the city treasurer and by him placed in the cemetery fund of the city, it being the purpose of this chapter to continue the collection of all fees and charges now or hereafter prescribed in connection with the operation and management of said cemetery, but to limit and confine the compensation of the employees of the cemetery to the fixed salary or compensation prescribed by the city council 7 04.080 Procedure for purchase of block in cemetery With the exception of the Washington Department of Social and Health Services, United States Veterans Administration and funeral homes located within the state of Washington, any person 1 wishing to purchase a block or part thereof in said cemetery shall pay to the cemetery staff the price thereof before being allowed to occupy any part of said property The cemetery staff, upon receiving the money for any such block or part thereof, shall issue to the purchaser a sales agreement containing a correct description thereof, with the name of the purchaser and the date of the purchase, and within thirty days thereafter shall file a duplicate copy of such sales agreement with the city clerk. The city manager of the city of Yakima shall make and execute a grave use permit from the city of Yakima to the purchaser of the block or part thereof described by the cemetery staff in the sales agreement issued by him as aforesaid, which said grave use permit shall be delivered to the purchaser named therein with a copy of the sales agreement provided to the City Clerk issued by the cemetery staff Such grave use permit shall recite that it is accepted by the grantee named therein subject to any and all rules or regulations lawfully imposed for the regulation and management of said cemetery It shall be attested to by the city clerk of the city of Yakima, and shall have affixed thereto the seal of the city, and shall grant unto the purchaser thereof and to the heirs, executors, administrators and assigns of such purchaser forever the right to the use of such lot(s) for the purpose of the interment of human remains The cemetery staff and the city clerk shall each keep such records of said grave use permits and of any and all other business transacted by or on account of the cemetery, as may be prescribed by the city manager, with the approval of the city council No sale, transfer or assignment of any block or part thereof or any interest therein shall be valid without the consent of the city manager endorsed in writing thereon 7 04.090 Rules and regulations. Following are the rules and regulations, including schedules of fees and charges, applicable to the operation of Tahoma Cemetery A. Liner sizes are as follows "Regular" shall mean an outside measurement of approximately thirty -three by eighty -nine inches "5 -0" shall mean an outside measurement of approximately twenty -four by seventy -three inches "4 -0" shall mean an outside measurement of approximately twenty by sixty inches "3 -0" shall mean an outside measurement of approximately twenty by forty -seven inches "2 -0" means an outside measurement of approximately eighteen by thirty -seven inches "Oversize" means an outside measurement of approximately thirty -five by ninety -one inches "Extra large" means an outside measurement of approximately forty -three and one -half by one hundred one inches B Commencing January 17, 2011, the following schedule of fees and charges shall be in effect and applicable at Tahoma Cemetery With the exception of funeral homes, all fees and charges shall be paid in advance for burials Cemetery Lot Use Fee Section A $703 00 Section B 703 00 Section C 703 00 Section D 865 00 Section E (Nonveterans) 800 00 Individual veteran all sections 598 00 Section F 703 00 Section G 703 00 Section H 703 00 Section I 703 00 Section J 703 00 Section K 703 00 2 Section L 693 00 Section M (Flat marker graves) 834 00 Section M (Upright marker graves) 892 00 City section 703 00 Masonic section 703 00 I 0 0 F section 703 00 Baby section (Maximum 3 -0 liner size) 291 00 Section E (Cremains) 320 00 Right of 2nd inurnment 342 00 Above prices include mandatory endowment care fee Columbarium Niche $964 00 Right of 2nd inurnment 342 00 Above prices include mandatory endowment care fee Mausoleum Niches Niche, marble front (12" x 12 ") $630 00 Endowment care 97 00 Niche, smallest glass front (18" x 20 ") 651 00 Endowment care 97 00 Niche, medium glass front (40" x 22 ") 724 00 Endowment care 192 00 Niche, large glass front (46" x 40 ") 788 00 Endowment care 192.00 Opening and Closing Graves Regular liner $578 00 Oversized and jumbo liner 673 00 Baby (30 -inch) 193 00 Child (45 -inch) 213 00 Cremains 271 00 Mausoleum crypts 525 00 Niches 242 00 Vault 866 00 Liners Regular $578 00 Oversized liner 769 00 Extra large liner 867 00 Baby (30 -inch) 193 00 Child (45 -inch) 223 00 Cremain urn vault 289 00 (plus Washington State sales tax) Monument Settings Government marker (Veteran) $242.00 Veteran's bronze marker on granite 24" x 36" base 348 00 Flat marker, 12" x up to 24" 251 00 Flat marker, 12" x 25 " -36" 289 00 3 Flat marker, 12" x 37 "-48" 464 00 Flat marker, 12" x 49 " -60" 638 00 Flat marker, 12" x 61"-72" 813 00 Upright marker, 12" x up to 24" 289 00 Upright marker, 12" x 25 " -36" 385 00 Upright marker, 12" x 37 "-48" 642 00 Upright marker, 12" x 49 "-60" 905 00 Upright marker, 12" x 61"-70" 1,166 00 Each additional inch, either way 24 00 Niche inscription, up to 30 characters 201 00 Niche inscription, each additional character 3 00 Niche emblem 67 00 Niche photo 94 00 Galvanized vase setting charge (when set w /monument) 21 00 Aeon vase setting charge (when set w /monument) 39 00 Galvanized vase 21 00 Aeon vase 78 00 Galvanized vase setting in granite border 179 00 Aeon vase setting in granite border 192 00 Galvanized insert 21 00 Re -set monuments setting fee + $75 00 cleanup charge 12 -inch marker (cremains only) 126 00 16 -inch marker (cremains and baby lots only) 193 00 Urn /marker combination (price does not include mandatory 409 00 right of 2nd inurnment fee) (plus Washington State sales tax) Incidental Charges Disinterment, adult (does not include opening and closing of $867 00* new grave if relocation in Tahoma) Disinterment, baby (does not include opening and closing of 482 00* new grave if relocation in Tahoma) Disinterment, cremains (does not include opening and 338 00 ** closing of new grave if relocation in Tahoma) * Depending on degree of difficulty, an additional charge of up to $637 00 may be determined by the parks and recreation manager or appointee Grave Use Transfer Permit processing fee (to $36 00 transfer ownership of lot) Historic Register copy 13 00 Saturday overtime a m only— Standard 430 00 ** Saturday overtime a m only — Cremains 289 00 * ** (No Saturday chapel burials scheduled after 11 00 a m ) (No Saturday graveside burials scheduled after 11 30 a.m ) ** Includes up to six staff hours and two staff members for full -size burial * ** Includes up to six staff hours and one staff member for cremain -size burial Weekdays No chapel service after 3 00 p m 4 No graveside service after 3 30 p m An additional overtime charge of seventy -two ($72.00) dollars per staff hour shall be charged for each additional staff hour incurred by the city due to services being required outside normal business hours C If the cemetery is provided with verification and documentation that the deceased has no surviving family members and was receiving one of the following types of public assistance at the time of his or her death aid to families with dependent children, general assistance, and poverty- related veterans' benefits, the cemetery charges will be fifty percent of the normal charge This fifty percent reduction in price shall not apply to monument setting fees, vases or vase setting fees The cemetery reserves the right to designate the location of all indigent burials with the exception of burials intended for previously purchased gravesites Indigent burials will be allowed Monday through Friday only, unless by special permission of the parks and recreation manager or appointee D The size of grave liners or vaults in all cases is determined by the funeral director in charge Double -deep interments shall only be permitted if arranged prior to 2001 No double -deep burials shall be permitted in the baby and cremain section In addition, no double -deep interments shall be permitted if a sectional grave liner is present in either of the adjoining lots All graves shall be numbered with a permanent number and an accurate record kept of the name of the decedent and the number of the grave E A maximum of four cremains may be placed on an occupied full -size lot. This must be accompanied with the proper notarized authorizations from the lot owner and /or the next of kin A maximum of four cremains may be interred on a full -size unoccupied lot. All cremations placed on full -size occupied or unoccupied lots are required to pay right of second inurnment fees Full -size lots may not be divided and sold as individual cremain lots by private owner for profit. F Persons with dogs shall not be permitted to enter the cemetery grounds The speed limit for vehicular traffic within the cemetery is established at fifteen miles per hour Each violation of this subsection shall constitute a civil infraction The penalty for each infraction shall be a fine in the amount of one hundred dollars Speed infractions shall be in accordance with city and state laws G Notification and payment for interment or disinterment must be received in the cemetery office at least one business day in advance of such interment or disinterment. The cemetery can limit the number of services scheduled on any given day and can require services to be rescheduled if publication of said service was done prior to notification being received This is to provide ample time for proper opening and closing and to ensure adequate parking and privacy for each service H A burial permit must, in all cases, be filed with the Tahoma Cemetery office before interment. A death certificate must, in all cases, be filed with the Tahoma Cemetery office before inurnment. I Interments or disinterments will not be allowed on Sunday, on a public holiday as defined in YMC 9 10 060, or on Saturday afternoon, except in cases of emergency as determined by the parks and recreation manager or appointee J The cemetery reserves and shall have the right to correct any errors that may be made by the cemetery either in making interments, disinterments or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property selected by Tahoma Cemetery of equal value and similar location, or, at the sole discretion of the cemetery, by refunding the amount of money paid on account of said purchase In the event the error shall involve the interment of the remains of any person in such property, the cemetery reserves the right to remove and reinter 5 the remains to such other property of equal value and similar location as may be substituted and conveyed to the purchaser K. All interments must be made in cement liners, cement vaults, cremain vaults or steel vaults, with the exception of cremains which must be in an urn vault purchased from Tahoma Cemetery, with the exception of arrangements prepaid prior to 2008 Cement liners shall be made according to specifications designated by the parks and recreation manager or appointee No grave shall be opened or closed by anyone other than employees of the city of Yakima. L. No tombs shall be erected on top of the ground No stone or marker shall be placed on an occupied grave -site until all cemetery fees are paid in full No stone or marker shall be placed at a pre -need gravesite until said gravesite is paid for in full Foundations for all monuments and vases shall be built by the city of Yakima only, at the expense of the owner All foundations must be three to six inches larger all around than the base of the monument to a depth of four to six inches, and said foundation must be flush with the ground level Footstones will not be allowed in the cemetery except for footstones presently existing in the cemetery All monuments must be set in line, monuments in the west row of each block must face west, monuments in the east row of each block must face east according to the cemetery survey; except on the tracts of irregular shape in which case the parks and recreation manager or appointee will determine the setting All bases for monuments must be made of granite or marble No sandstone or artificial base will be permitted All markers placed in Section L, in the Masonic baby plot, and in that part of Section E Tying south of a line drawn from the southwest corner of Block 161 to the southeast corner of Block 27, and west of a line drawn from the southeast corner of Block 27 to the southeast corner of Block 70, thence west to the southwest corner of Block 68, thence south to the southwest corner of Block 143, shall be level with the ground Markers for single full -size graves will be a maximum of twenty -four inches in length and twelve inches in width Double markers for full -size graves will not exceed thirty -six inches in length and twelve inches in width over two full -size graves Larger companion markers will be allowed only with prior approval by the parks and recreation manager or appointee Markers for single cremain graves will be no more than twenty -four inches in length and twelve inches in width Double markers for cremain graves will not exceed twenty -four inches in length and twelve inches in width over two cremain- size graves No ledger type markers will be allowed in any location, provided, that this section shall not apply to ledgers presently existing in the cemetery All monument setting fees must be paid in full prior to the installation of any monuments Care and maintenance of headstones and monuments is the sole responsibility of the family of the deceased Tahoma Cemetery and the city of Yakima are not responsible for damage to headstones caused by weather or by the actions of persons not employed by the city of Yakima. M The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and it shall be the duty of the parks and recreation manager or appointee to remove all landscape features determined to be objectionable If trees or shrubs in any lot become detrimental to adjacent lots or avenues in the judgment of the parks and recreation manager or appointee, they shall be removed N Coping, fences, posts, and chains, and all wooden structures around lots, blocks or graves are prohibited, and if any inscription, monument, effigy or other structure which the parks and recreation manager or appointee deems offensive or improper is placed in or upon any lot or grave, the name shall be removed upon order of the said parks and recreation manager or appointee O Funeral designs and floral pieces will be removed to a designated place as soon as the same become unsightly or interfere with mowing in the judgment of the parks and recreation manager or appointee The city is not responsible for damage to or theft of cut flowers, potted plants, displays or containers Anyone leaving such articles in the cemetery does so at their own risk. 6 P Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces will not be allowed during the period from April 1st to October 31st, with the exception of Memorial Weekend Q Receptacles for cut flowers must be sunk level with the ground, thus ensuring the safety of such articles and facilitating the cutting of the grass from the grave Tin cans sunk in the ground are prohibited Glass containers are prohibited Receptacles must be approved by the parks and recreation manager or appointee R. All employees or other people engaged in performing work within the confines of the cemetery shall be under the supervision and direction of the parks and recreation manager Visitors must not interfere with the performance of duties of any employee or groundskeeper S Lost and found articles are to be turned in to the Tahoma Cemetery site office T All paper and other rubbish must be deposited, by the person responsible therefor, in a receptacle provided for that purpose U As provided for by this chapter, any owner desiring to transfer or assign a part of his tract to another person must have a record of his transfer or assignment noted on the cemetery records and a copy of the transaction shall be kept in the cemetery office V The parks and recreation manager or appointee is authorized and directed to expel from the cemetery any person disturbing its sanctity by boisterous or other improper conduct, or who shall violate any of the foregoing rules W (1) Endowment care lots, pre -need arrangements or a combination of both may be purchased on installment contracts in the form provided by the city of Yakima Under this plan, no lot(s), service(s) or monument(s) can be used or placed until property fees, service fees and monument setting fees are paid in full (2) Contracts will be signed and kept on file in the cemetery office All contracts will require a ten percent down payment with an appropriate payment schedule designated Contracts for endowment care lots shall require payment in full within twelve months A grave use permit to the endowment care lot(s) will be mailed from the city of Yakima clerk's office to the lot owner within thirty days of final payment. A combined contract for an endowment care lot and pre -need services shall require payment in full within thirty -six months Any payment that is more than sixty days past due will be assessed a one percent per month interest penalty on the unpaid balance In the event the delinquent account is for a pre -need gravesite, the city may, at its option, return the grave to open inventory for the purpose of resale and the purchaser will forfeit any moneys paid to that date Upon default in payment of the balance due for contracted services, the cemetery may deny further burials in the cemetery until full payment is made (3) The public works director and parks and recreation manager are hereby authorized to enter into contracts for the sale of lots, liners, vases, markers and other incidental services All contracts must be approved and signed by the public works director and parks and recreation manager before acceptance All contracts will constitute a personal obligation on the part of the purchaser(s) and also shall be binding on the purchaser(s)' heirs, successors, and assigns. (4) No refunds on endowment care, lots or pre -need services will be given Any property abandoned for a period of seven years with no contact from the owner(s), after attempt by certified mail to contact, shall revert back to the city of Yakima for resale (5) Any person that purchases ten or more Tots at one time is entitled to a seven percent discount on the total price of the lots X. Section M of the Tahoma Cemetery will have the following maximum marker sizes Single grave upright marker will be no greater than twelve inches wide by twenty -four inches long and no more than forty -eight inches high Double upright marker may be no more than twelve inches wide, up to fifty -seven inches long and no more than forty -eight inches high Single flat markers will be no greater than twelve inches wide and twenty -four inches long and will be set flush with the ground Double flat markers may be no more than twelve inches wide and up to fifty -seven 7 inches long and will be set flush with the ground Upright markers will be allowed only in Block 69; in all blocks north thereof to and including Block 58, in all blocks east thereof to and including Block 285 and in all blocks northeast thereof to and including Block 274, for a total of one hundred fifty -six blocks Flat markers will only be allowed in the upright area for the second marker placed on a grave If right of second inurnment is exercised, for up to two additional cremain burials per grave, only one additional flat headstone will be allowed per grave That marker will be placed against the east edge of the existing marker Each grave is thirty -six inches by one hundred twenty inches Y A maximum of two cremains may be placed in a columbarium niche This must be accompanied with the proper notarized authorizations from the niche owner and /or the next of kin The second cremation placed in a niche must pay right of second inurnment fees as required by Tahoma Cemetery Columbarium niches may not be divided and sold as individual niches by private owner Urns must not exceed 5" x 5" x 7" in size Z. All inscriptions on the columbarium niches shall be of similar style and size All inscription fees must be paid in full prior to inscription services being ordered All inscription services will be performed by Tahoma Cemetery staff or their appointees determined by the parks and recreation manager Vases will be allowed only at the discretion of the parks and recreation manager or appointee Section 2 If any part or provision of the ordinance codified in this chapter, or its application to any person or circumstance is held invalid, it is the intent of the city council of the city of Yakima that the remainder of this chapter, or its application of the provisions to other persons or circumstances is not affected Section 3 This ordinance shall be in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 14 day of December 2010 r/ ATTEST Micah Cawley, Ma or j.k,g)-L 0 ., i City Clerk Publication Date 12/17/10 Effective Date 1/16/11 8 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT c� Item No / For Meeting of December 14, 2010 ITEM TITLE. Consideration of an Ordinance adjusting Tahoma Cemetery rates and fees SUBMITTED BY Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT PERSON/TELEPHONE Ken Wilkinson, 575 -6020 SUMMARY EXPLANATION Submitted for Council consideration is an ordinance adjusting rates and fees for the Tahoma Cemetery In addition to the fee adjustments highlighted in the ordinance, other wording changes are basically a housekeeping measure to reflect current cemetery operations • The 2011 adjustment of Tahoma Cemetery rates and fees was submitted as a Policy Issue When this Ordinance takes effect, the 7 % adjustment to the fee schedule is estimated to generate about $7,300 in revenue for the Tahoma Cemetery budget. Resolution_ Ordinance X Other (Specify) 2011 Tahoma Cemetery Rate and Fee Schedule Contract Mail to (name and address) Phone Funding Source Tahoma Cemetery Patrons APPROVED FOR SUBMITTAL. C:- (:=) j City Manager STAFF RECOMMENDATION Staff respectfully requests the City Council pass the Ordinance adjusting Tahoma Cemetery rates and fees BOARD /COMMISSION RECOMMENDATION At its September 8, 2010 meeting the Parks and Recreation Commission unanimously voted to recommend to the full City Council that fees be increased by a minimum of 7% for 2011 and then reevaluate Tahoma Cemetery fees annually City Council voted during budget Wrap -Up on December 7, 2010, to direct staff to bring the cemetery fee adjustment to the December 14, 2010 Council meeting for adoption COUNCIL ACTION •