HomeMy WebLinkAbout2000-056 Reenacting Tahoma Cemetery Fees ORDINANCE NO. 2000- 56
AN ORDINANCE relating to rules, regulations, fees, and charges for Tahoma Cemetery;
reenacting, ratifying, approving and confirming the cemetery rules,
regulations, fees, and charges passed on November 23, 1999.
WHEREAS, on October 26, 2000, the Washington State Supreme Court declared
Initiative 695 to be unconstitutional in its entirety; and
WHEREAS, several cities have filed a lawsuit challenging the constitutionality of
Initiative 722 in its entirety and requesting an injunction to prevent Initiative 722 from taking
effect; and
WHEREAS, these constitutional challenges create uncertainty as to whether or not
Initiative 722 is legally valid; and
WHEREAS, in light of these legal uncertainties, the City Council deems it to be in the
best interest of the City of Yakima to clarify the City Council's intent with respect to the
cemetery rules, regulations, fees, and charges passed on November 23, 1999, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Ordinance No. 99 -49 passed on November 23, 1999, a copy of which is
attached hereto as Exhibit A and incorporated by reference herein, is hereby reenacted,
ratified, approved, and confirmed effective January 1, 2000.
Section 2. Section 7.04.090 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"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 33 x 89 inches.
'5 -0' shall mean an outside measurement of
approximately 24 x 73 inches.
'4 -0' shall mean an outside measurement of
approximately 20 x 60 inches.
'3 -0' shall mean an outside measurement of
approximately 20 x 47 inches.
(Ik)Tahoma Cemetery 11- 16- OO.rlp
'2 -0' means an outside measurement of
approximately 18 x 37 inches.
'Oversize' means an outside measurement of
approximately 35 x 91 inches.
'Jumbo' means an outside measurement of
approximately 43 -1/2 x 101 inches.
B. Commencing January 1, 2000, the following schedule of fees and charges shall be
in effect and applicable at Tahoma Cemetery. With the exception of funeral
homes located within the State of Washington, all fees and charges shall be paid
in advance for burials.
CEMETERY LOT USE FEE
Section A $365.00 438.00
Section B 365508 438.00
Section C 365.08 438.00
Section D 450.00 540.00
Section E (Non- Veterans) 415.00 498.00
Section E (Veteran's Lot with Spouse) 415.00 498.00
Section E (Individual Veteran) 310.00 372.00
Section F 365.00 438.00
Section G 365.00 438.00
Section H 365.00 438.00
Section I 365.00 438.00
Section J 365.00 438.00
Section K 365.00 438.00
Section L (North half, west end) 360.00 432.00
Section L (South half, 117 -208) 360.00 432.00
City Section 365.00 438.00
Masonic Section 365700 438.00
I.O.O.F. Section 365.00 438.00
Baby Section (Includes Perpetual Care Fee) 150.08 180.00
Section E (Cremains)(Includes Perpetual Care Fee) 16300 198.00
Cremains Placed on Occupied or Unoccupied Full Size Lot (At Need) ** 50.00 60.00
-* *This fee does not pertain to lots designated for cremains. Note: Price Includes Perpetual Care Fee.
MAUSOLEUM NICHES
Niche, marble front (12 "x12 ") $300.00 360.00
Niche, smallest glass front (18" x 20 ") 310.00 372.00
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Niche, medium glass front (40 "x22 ") 3415700 414.00
Niche, large glass front (46 "x40 ") 3700 450.00
Note: Price Includes Perpetual Care Fee.
OPENING AND CLOSING GRAVES
Regular liner $300.00 360.00
Oversized & Jumbo Liner 350700 420.00
2 -0, 3 -0 100.00 120.00
4 -0, 5 -0 115.00 132.00
Cremains 125.00 150.00
Mausoleum Crypts 2`50.00 300.00
Mausoleum Niches 125.00 1.50.00
Double Deep (2 Open/Close) 600.00 720.00
Vault 350.00 420.00
LINERS
Regular $300.00 360.00
Oversized Liner 400700 480.00
Jumbo Liner 40.00 540.00
Cremain Liner (concrete) X0700 132.00
2 -0 10000 120.00
4 -0 x.00 138.00
Expandable Cremains Vault (plastic) 150.00 180.00
Double Deep (Two (2) liners) 600.00 720.00
(PLUS WASHINGTON STATE SALES TAX)
MONUMENT SETTINGS
Government Marker (Veteran) $125.00 150.00
22 Inch Concrete Marker 40700 48.0()
Flat Marker, 2.0 ft. x 1.0 ft. 130.00 156.00
Flat Marker, 3.0 ft. x 1.0 ft 150.00 180.00
Upright Marker, 2.0 ft. x 1.0 ft 150.00 180.00
Upright Marker, 3.0 ft. x 1.0 ft 200.00 240.00
Upright Marker, Over 3.0 ft. x 1.0 ft 300.00 360.00
Each additional inch, either way 1.25 1.50
Galvanized Vase setting charge (when set w /monument) 10.00 12.00
Aeon Vase setting charge (when set w /monument) 20.00 24.00
Galvanized Vase 10 00 12.00
Aeon Vase 40700 48.00
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(1k)Tahoma Cemetery 11-16-00 rip
Galvanized Vase Setting in Concrete Border 30-00 36.00
Aeon Vase Setting in Concrete Border +5700 54.00
Galvanized Insert X00 12.00
Re -set Monuments X00 120.00
12 Inch Marker Cremain Only 600 78.00
16 Inch Marker (Cremains and Baby Lots Only) -+00.00 120.00
Urn/Marker Combination 175.00 210.00
Identification Marker 25.00 30.00
(PLUS WASHINGTON STATE SALES TAX)
INCIDENTAL CHARGES
Disinterment, Adult (+ opening & closing) ** $450.00 540.00
two (2) openings & closings if relocation in Tahoma
Disinterment, Baby (+ opening & closing) ** '__50.00 300.00
two (2) openings & closings if relocation in Tahoma
Disinterment, Cremains (+ opening & closing) ** -7700 210.00
two (2) openings & closings if relocation in Tahoma
* *Depending upon degree of difficulty, an additional charge of up to $500.00 may be determined
by the Parks & Recreation Manager or appointee.
Saturday Overtime A.M. Only - Standard $2200.00 240.00
Saturday Overtime A.M. Only - Cremains $ 150.00 180.00
(No Saturday Chapel burials scheduled after 11:00 A.M.)
(No Saturday Graveside burials scheduled after 11:30 A.M.)
Weekdays: No Indigent burial after 2:00 P.M.
No Chapel Service after 3:00 P.M.
No Graveside Service after 3:30 P.M.
C. If the cemetery is provided with verification and documentation that the deceased
was at the time of his or her death receiving one of the following types of public
assistance: Aid to families with dependent children, general assistance, and
poverty - related veterans' benefits, the cemetery charges will be 50% of the normal
charge. This 50% 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 & 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 be permitted in all sections, except 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
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(1k)Tahoma Cemetery 11- 16- OO.rlp
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 (4) 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 six (6) cremains may be interred on a full
size unoccupied lot. All cremations placed on full size occupied or unoccupied
lots are required to pay perpetual care at time of need.
F. Persons with dogs or firearms shall not be permitted to enter the grounds.
Firearms will be permitted only for use during a military service. The speed limit
for vehicular traffic within the cemetery is established at fifteen (15) miles per
hour.
G. Notification for interment or disinterment must be received in the cemetery office
at least twenty -four (24) hours 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 re- scheduled 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.
Interments or disinterments will not be allowed on Sunday, on a public holiday as
defined in the Yakima Municipal Code 9.10.060, or on Saturday afternoon, except
in cases of emergency as determined by the Parks & 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 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 placed in marble or bronze urns. The
cement liners shall be made according to specifications designated by the Parks &
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 gravesite until all cemetery fees are paid in full. No stone
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(1k)Tahoma Cemetery 11- 16- OO.rlp
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 (3) to
six (6) inches larger all around than the base of the monument to a depth of four
(4) to six (6) inches, and said foundation must be flush with the ground level. All
monuments in Section D and E shall have a maximum height of thirty (30) inches.
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 & 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 lying south of a line drawn
from the southwest corner of Block 35 to the southeast corner of Block 29, and
west of a line drawn from the southeast corner of Block 29 to the southeast corner
of Block 68, thence west to the southwest corner of Block 67, thence south to the
southwest corner of Block 144, shall be level with the ground. Markers for single
full size graves will be a maximum of twenty -four (24) inches in length and
twelve (12) inches in width. Double markers for full size graves will not exceed
thirty -six (36) inches in length and twelve (12) inches in width. Larger
companion markers will be allowed only with prior approval by the Parks &
Recreation Manager or appointee. Markers for single cremain graves will be no
more than twelve (12) inches in length and six (6) inches in width. Double
markers for cremain graves will not exceed twenty -four (24) inches in length and
twelve (12) inches in width. 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.
M. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and
it shall be the duty of the Parks & Recreation Manager or appointee to remove all
landscape features determined by him to be objectionable. If trees or shrubs in
any lot become detrimental to adjacent lots or avenues in the judgment of the
Parks & 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 & Recreation Manager or appointee deems offensive or
improper is placed in or upon any lot or grave, the same shall be removed upon
order of the said Parks & Recreation Manager or appointee.
0. 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
& 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. The placing of balloons, toys,
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(lk)Tahoma Cemetery 11- 16- OO.rlp
ornaments, settees, and similar articles, upon plots shall not be permitted and if so
placed, the cemetery may remove the same.
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 31 st,
the exception of Memorial Weekend.
Q. Receptacles for cut flowers must be sunk level with the ground, thus insuring the
safety of such articles and facilitating the cutting of the grass from the grave. Tin
cans sunk in the ground are prohibited. Receptacles must be approved by the
Parks & Recreation Manager or appointee.
R. All employees or other workmen engaged in performing work within the confines
of the cemetery shall be under the supervision and direction of the Parks &
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
therefore, in a receptacle provided for that purpose.
U. As provided for by this chapter, any owner desiring to deed a part of his tract to
another person must have a record of his deed noted on the cemetery records and a
copy of the transaction shall be kept in the cemetery office.
V. The Parks & 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) or services(s) can be used until
property and service 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 (10 %) down payment with an
appropriate payment schedule designated. Contracts for endowment care
lots shall require payment in full within twelve (12) months. A deed to the
endowment care lot(s) will be mailed from the City of Yakima Clerk's
office to the lot owner within thirty (30) days of final payment. A
combined contract for an endowment care lot and pre -need services shall
require payment in full within twenty -four (24) months. Any payment that
is more than ten (10) days past due will be assessed a one percent (1 %) per
month interest penalty on the unpaid balance. In the event the delinquent
account is for a preneed gravesite, the City may, at its option, return the
grave to open inventory for the purpose of resale and the purchaser will
forfeit any monies paid to that date. Upon default in payment of the
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(1k)Tahoma Cemetery 11- 16- OO.rlp
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 (7) 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."
Section 3. Severability. If any section, clause, or phrase of this ordinance is
declared unconstitutional or invalid for any reason, such decision will not affect
the validity of the remaining portions of this ordinance, which shall continue in
full force and effect.
Section 4. This ordinance shall be in full force and effect thirty (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 21 day of November,
2000.
Z tfi.% ,
ary Place, Mayor
ATTEST:
/aIkJz-V% • '' J Gwn.c._
City Clerk
Publication Date: 11 - 24 - 2000
Effective Date: 12 - 24 - 2000
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(Ik)Tahoma Cemetery 11- 16- OO.rlp
ORDINANCE NO. 99- 49
AN ORDINANCE related to public service and utilities; amending rules and regulations for
Tahoma Cemetery; and amending Section 7.04.090 of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. "Section 7.04.090 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"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 33 x 89 inches.
'5 -0' shall mean an outside measurement of
approximately 24 x 73 inches.
'4 -0' shall mean an outside measurement of
approximately 20 x 60 inches.
'3 -0' shall mean an outside measurement of
approximately 20 x 47 inches.
'2 -0' means an outside measurement of
approximately 18 x 37 inches.
'Oversize' means an outside measurement of
approximately 35 x 91 inches.
'Jumbo' means an outside measurement of
approximately 43 -1/2 x 101 inches.
B . Commencing 1.2 J 1. /q `7 , the following schedule of fees and charges shall
be in effect and applicable at Tahoma Cemetery. With the exception of funeral
homes located within the State of Washington, all fees and charges shall be paid in
advance for burials.
CEMETERY LOT USE FEE
Section A $365.00 438.00
Section B 36-5400 438.00
Section C 345700 438.00
Section D 450:09 540.00
Section E (Non - Veterans) 4'�9 498.00
Section E (Veteran's Lot with Spouse) 415-09 498.00
Cemetery Ord.
November 19, 1999 EXHIBIT
Page 1 EXHIBIT
Section E (Individual Veteran) 310.00 372.00
Section F 365.00 438.00
Section G 365.00 438.00
Section H 365.00 438.00
Section I 365.00 438.00
Section J 3.65.00 438.00
Section K 365.00 438.00
Section L (North half, west end) 3-600 432.00
Section L (South half, 117 -208) 3.60-.00 432.00
City Section 365.00 438.00
Masonic Section 365.00 438.00
I.O.O.F. Section 300 438.00
Baby Section (Includes Perpetual. Care Fee) 1 -50-00 180.00
Section E (Cremains)(Includes Perpetual Care Fee) 165.00 198.00
Cremains Placed on Occupied or Unoccupied Full Size Lot (At Need) ** 50.00 60.00
- * *This fee does not pertain to lots designated for cremains. Note: Price Includes Perpetual Care Fee.
MAUSOLEUM NICHES
Niche, marble front (12"x1?") $300,00 360.00
Niche, smallest glass front (18" x 20 ") 310.00 372.00
Niche, medium glass front (40 "x22 ") 345.00 414.00
Niche, large glass front (46 "x40 ") 375.00 450.00
Note: Price Includes Perpetual Care Fee.
OPENING AND CLOSING GRAVES
Regular liner $300.00 360.00
Oversized & Jumbo Liner 350.00 420.00
2 -0, 3 -0 100.00 120.00
4 -0, 5 -0 115.00 132.00
Cremains x2-5 -00 150.00
Mausoleum Crypts 250.00 300.00
Mausoleum Niches 125.00 150.00
Double Deep (2 Open/Close) 600.00 720.00
Vault 350.00 420.00
LINERS
Regular $300,00 360.00
Oversized Liner 400700 480.00
Jumbo Liner 450.00 540.00
Cremain Liner (concrete) 4-10.00 132.00
2 -0 100.00 120.00
Cemetery Ord.
November 19, 1999
Page 2
4 -0 115.00 138.00
Expandable Cremains Vault (plastic) 150.00 180.00
Double Deep (Two (2) liners) 600.00.720.00
(PLUS WASHINGTON STATE SALES TAX)
MONUMENT SETTINGS
Government Marker (Veteran) $125.00 150.00
22 Inch Concrete Marker 40,00 48.00
Flat Marker, 2.0 ft. x 1.0 ft 1 -30.00 156.00
Flat Marker, 3.0 ft. x 1.0 ft 150.00 180.00
Upright Marker, 2.0 ft. x 1.0 ft 150.00 180.00
Upright Marker, 3.0 ft. x 1.0 ft 200.00 240.00
Upright Marker, Over 3.0 ft. x 1.0 ft 300.00 360.00
Each additional inch, either way 1.25 1.50
Galvanized Vase setting charge (when set w /monument) 40:80 12.00
Aeon Vase setting charge (when set w /monument) 4 8-00 24.00
Galvanized Vase -19:90 12.00
Aeon Vase 40-00 48.00
Galvanized Vase Setting in Concrete Border 3&00 36.00
Aeon Vase Setting in Concrete Border 45,00 54.00
Galvanized Insert +8:00 12.00
Re -set Monuments X89:00 120.00
12 Inch Marker Cremain Only 6 -5-00 78.00
16 Inch Marker (Cremains and Baby Lots Only) 4-00700 120.00
Urn /Marker Combination 175.00 210.00
Identification Marker 290 30.00
(PLUS WASHINGTON STATE SALES TAX)
INCIDENTAL CHARGES
Disinterment, Adult (+ opening & closing) ** $4 -50:00 540.00
two (2) openings & closings if relocation in Tahoma
Disinterment, Baby (+ opening & closing) ** "50.00 300.00
two (2) openings & closings if relocation in Tahoma
Disinterment, Cremains (+ opening & closing) ** 175.00 210.00
two (2) openings & closings if relocation in Tahoma
* *Depending upon degree of difficulty, an additional charge of up to $500.00 may be determined
by the Parks & Recreation Manager or appointee.
Saturday Overtime A.M. Only - Standard $200:00 240.00
Saturday Overtime A.M. Only - Cremains $4--50700 180.00
(No Saturday Chapel burials scheduled after 11:00 A.M.)
(No Saturday Graveside burials scheduled after 11:30 A.M.)
Weekdays: No Indigent burial after 2:00 P.M.
No Chapel Service after 3:00 P.M.
No Graveside Service after 3:30 P.M.
Cemetery Ord.
November 19, 1999
Page 3
C. If the cemetery is provided with verification and documentation that the deceased
was at the time of his or her death receiving one of the following types of public
assistance: Aid to families with dependent children, general assistance, and
poverty- related veterans' benefits, the cemetery charges will be 50% of the normal
charge. This 50% 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 & 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 be permitted in all sections, except 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 (4) 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 six (6) cremains may be interred on a full
size unoccupied lot. All cremations placed on full size occupied or unoccupied lots
are required to pay perpetual care at time of need.
F. Persons with dogs or firearms shall not be permitted to enter the grounds.
Firearms will be permitted only for use during a military service. The speed limit
for vehicular traffic within the cemetery is established at fifteen (15) miles per hour.
G . Notification for interment or disinterment must be received in the cemetery office at
least twenty-four (24) hours in advance of such interment or disinterment.
and can
cemetery can limit the number of services scheduled on any given day e
require services to be re- scheduled 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.
I. Interments or disinterments will not be allowed on Sunday, on a public holiday as
defined in the Yakima Municipal Code 9.10.060, or on Saturday afternoon, except
in cases of emergency as determined by the Parks & 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
the remains to such other property of equal value and similar location as may be
substituted and conveyed to the purchaser.
Cemetery Ord.
November 19, 1999
Page 4
K. All interments must be made in cement liners, cement vaults, cremain vaults or
steel vaults, with the exception of cremains placed in marble or bronze urns. The
cement liners shall be made according to specifications desi by the Parks &
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 gravesite 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 (3) to six (6) inches
larger all around than the base of the monument to a depth of four (4) to six (6)
inches, and said foundation must be flush with the ground level. All monuments in
Section D and E shall have a maximum height of thirty (30) inches. 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 & 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 lying south of a line drawn from the southwest corner
of Block 35 to the southeast corner of Block 29, and west of a line drawn from the
southeast corner of Block 29 to the southeast corner of Block 68, thence west to the
southwest comer of Block 67, thence south to the southwest comer of Block.144,
shall be level with the ground. Markers for single full size graves will be a
maximum of twenty -four (24) inches in length and twelve (12) inches in width.
Double markers for full size graves will not exceed thirty -six (36) inches in length
and twelve (12) inches in width. Larger companion markers will be allowed only
with prior approval by the Parks & Recreation Manager or appointee. Markers for
single cremain graves will be no more than twelve (12) inches in length and six (6)
inches in width. Double markers for cremain graves will not exceed twenty-four
(24) inches in length and twelve (12) inches in width. 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.
M. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and it
shall be the duty of the Parks & Recreation Manager or appointee to remove all
landscape features determined by him to be objectionable. If trees or shrubs in any
lot become detrimental to adjacent lots or avenues in the judgment of the Parks &
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 & Recreation Manager or appointee deems offensive or
improper is placed in or upon any lot or grave, the same shall be removed upon
order of the said Parks & Recreation Manager or appointee.
0. 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 &
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
Cemetery Ord.
November 19, 1999
Page 5
articles in the cemetery does so at their own risk. The placing of balloons, toys,
ornaments, settees, and similar articles, upon plots shall not be permitted and if so
placed, the cemetery may remove the same.
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 insuring the
safety of such articles and facilitating the cutting of the grass from the grave. Tin
cans sunk in the ground are prohibited. Receptacles must be approved by the Parks
& Recreation Manager or appointee.
R. All employees or other workmen engaged in performing work within the confines
of the cemetery shall be under the supervision and direction of the Parks &
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
therefore, in a receptacle provided for that purpose.
U. As provided for by this chapter, any owner desiring to deed a part of his tract to
another person must have a record of his deed noted on the cemetery records and a
copy of the transaction shall be kept in the cemetery office.
V. The Parks & 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) or services(s) can be used until property
and service 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 (10 %) down payment with an
appropriate payment schedule designated. Contracts for endowment care
lots shall require payment in full within twelve (12) months. A deed to the
endowment care lot(s) will be mailed from the City of Yakima Clerk's office
to the lot owner within thirty (30) days of final payment. A combined
contract for an endowment care lot and pre -need services shall require
payment in full within twenty-four (24) months. Any payment that is more
than ten (10) days past due will be assessed a one percent (1 %) 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
monies 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
Cemetery Ord.
November 19, 1999
Page 6
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 (7) 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."
Section 2. This ordinance shall be in full force and effect thirty (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 23rd day of
November , 1999
Lynn Buchan 'John Puccinelli, Mayor
ATTEST:
Abting City Clerk
Publication Date: 11 - 26 - 99
Effective Date: 12 - 26 - 99
:`'..... :is :s J {'. and Corr( "'t c<ip:' of the
l.i _iteL` 1?'. L£'t :ail_..,:. t 1 — . ( 5,
CITY CLERK ..
Cemetery Ord.
November 19, 1999
Page 7
• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 02 3 L.
For Meeting Of: November 21, 2000
ITEM TITLE: Consideration of ordinance reenacting, ratifying, approving
and confirming the Cemetery fees and charges passed
on November 23, 1999.
SUBMITTED BY: Dick Zais, City Manager
Rita Anson, Finance Director
CONTACT PERSON/TELEPHONE: Rita Anson, Finance Director #575 -6070
Ray Paolella, City Attorney #575 -6030
SUMMARY EXPLANATION:
On November 23, 1999, Council approved a 20% fee increase for various cemetery charges. As
stated in the 1999 ordinance agenda statement, Council approved this fee increase in order to
"maintain the quality of services and appearance of the Cemetery to standards expected by the
public" and the Citizen Task Force. "Additionally, the Cemetery budget continues to require
revenue transfers from the Parks and Recreation budget at approximately $100,000 per year to
avoid a deficit position. Even with the adopted changes, Tahoma rates and fees will remain
competitive within the local market."
Initiative 722 (I -722) was passed on November 7, 2000. There are many uncertainties surrounding
1 -722, and a lawsuit has already been filed challenging the constitutionality of the initiative. On
December 7, 2000, I -722 is scheduled to become effective and, if upheld by the courts, will repeal
Council's previous decision to adjust cemetery charges and fees, unless those charges and fees are
reenacted prior to December 7, 2000.
Prior to the effective date of I -722, Council may re -enact the rate adjustment adopted in 1999. This
would sustain those revenues already collected and spent on services provided in 2000, estimated
to be approximately $25,000.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address): Phone:
Funding Source
APPROVED FOR SUBMITTAL: _ Ci Mana _ er
-
STAFF RECOMMENDATION: This is a Council Policy Issue
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2000 -56