HomeMy WebLinkAbout1956-B-1834 •
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ORDINANCE NO. B-1834,
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AN ORDINANCE creating a. Trust Fund) -4 Cemetery Care Fund and a Cemetery Fund,
Cemetery , y em tery und,
- and defining their uses and purposes, declaring all lands in Tahoma Cemetery
• eligible to endowment care or annual care, withdrawing certain portions of
said cemetery from general sale and reserving same for sale to purchasers
buying with provision fo.r the endowment care thereof by the city, repealing
Ordinance No. 361, A-257, and B -591, B -227, and declaring an emergency.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. That all lands included..in.anI comprising Tahoma Cemetery be and
the same are hereby declared eligible to endowment care or annual care by the City of
Yakima as hereinafter set forth.
Section 2. • That the word "lot" as used in other ordinances or resolutions
of the City_ of Yakima relating to Tahoma Cemetery,. shall mean and refer to the tract of
land occupied by a single grave or a. tract approximately 10 feet long by 3 and 3/5 feet
wide; that the words "block" and "section as used. in this and other ordinances or reso-
lutions relating to Tahoma Cemetery shall mean.and refer to units larger than lots with
areas as defined on the official plat of Tahoma Cemetery. .
Section 3. That all unsold.lots, blocks or parts thereof in Section "C ",
"D" and "E" in Tahoma Cemetery be and they are hereby withdrawn from general sale and
,same are hereby reserved for sale exclusively to purchasers buying same with provision
for the endowment care thereof by the City of Yakima.
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Section 4. That there be and hereby is established a fund to be known as
the Cemetery Trust Fund to which fund. shall be credited all money received from owners
for endowment care, all moneys therein.to be held. forever in trust by the City of Yakima.
Section 5. The objects, uses and sources, of revenue of such fund are: (a)
The charge for endowment care shall be ;15.00 straight 'for each lot or grave placed under
endowment care. (b) Any and all such sums shall be paid directly to the City Treasurer
by the owner, and upon such payment shall be accepted by the City of Yakima, and held in
trust forever for the uses and ur oses of said fund.
p p (c) The City of Yakima hereby ob-
ligates and binds itself to safely keep the "moneys paid to said fund; to invest the same
.so as to bring in the largest amount of income which can safely be realized thereon, and.
• to use the income so realized in caring for,! maintaining and beautifying the said lots
and the graves thereon,•in the manner hereinafter specified.
Section 6. Before the City Treasurer shall receive from any person or persons
being the owner or owners of any lot, block or fraction thereof, the payment hereinbefore
specified, he shall demand of such owner or'arriers a certificate in writing, attested as
to its correctness by the CemeterySuperintendent, to the following effect, to -wit: (a)
That the said Lot, Block of fraction thereof, describing it or theme has been placed'on
the grade required and established in that locality; (b) That the graves, if any thereon
have been leveled so that the surface of. the graves s411 conform to the general level of
the surface of Said or block; (c) That all 'ariciful and temporary ornaments, and all
flowers or shrubbery, except such as are perennial'in their habits of nature, have been
removed therefrom. -
Section 7.. The obligation to be .assumed by the City of Yakima under the
provisions of this ordinance are declared to be the following, viz: to irrigate the lots?
to seed the lots and keep the graves thereon green and neatly mown; to trim and prune the
flowers and shrubbery permitted to grow on said lots under the terms of this ordinance and
to fill in and keep the level of such graves as may sink in or cave in; but the City of
! I Yakima shall not be obligated, out of the revenue derived from such fund, or otherwise, tc
dig any graves or erect any head or foot stones or monuments; nor replace any flowers or
shrubbery which shall die or become killed through no fault of said trustee. The City • •
Clerk shall keep a book which shall be well ',bound and properly indexed, in which he shall,
upon application of a holder of a recem t which shall be issued by the City Treasurer upon
the payment' into' said Cemetery Trust Fund as', hereinabove provided, record the description
of- such lots, blocks or fractions thereof as are entitled to endowment care under the
provisions of this ordinance.
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Section $. . It is hereby made the duty of the Commissioner of Public Works
of the City of Yakima to recommend to the City Commission safe and proper investments for
the money in the Cemetery Trust Fund, to see that said moneys are constantly invested, to
expend the income therefrom on the care, maintenance and beautifying of the lots under
the care of such fund, and to see that the C',emetery Superintendent properly cares for,
maintains and beautifies such lots, as far as the income from said fund will justify or
permit, and with the approval of the City Commission, to make all rules and regulations
necessary to carry into effect the terms of this ordinance.
Section 9. That there be and hereby is established a fund to be known as the
• Cemetery Care Fund to which shall be credited all money earned from investment of the
Cemetery Trust Fund and all fees received for annual care of lots, blocks or parts thereof.
All expenses for the care of lots, blocks or parts thereof under endowment or annual care
shall be paid out of the Cemetery Care Fund by warrant upon vouchers properly certified
to as required by law.
Section 10. The price to be charged for annual care is hereby fixed at ,5.0C
straight for each lot or grave.
- Section 11. • That the price for annual care of lots in said cemetery shall be
due and payable to the City Treasurer on or before the first day of March of each year.
Section 12. That there be and hereby is established a fund to be known as
the Cemetery Fund to which shall moneys received from the sale of cemetery lots, blocks
or parts thereof, also all moneys received for the digging of graves or from any other
sources incident to the operation of said cemetery other than those mentioned in sections
• four to ten inclusive of this ordinance; that the moneys placed in said fund shall be
used for improving and beautifying the cemetery and for. expenses of management, operation
and control thereof and for no other purposes; Provided; no portion of said fund shall be
used upon any lot, block or part thereof under endowment or annual care.
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ORDINANCE NO. B -1$34
Section 13. That the City Commission is hereby authorized to invest any sur-
plus moneys in said Cemetery Fund in safe interest earning securities, the interest
thereon to. be paid into said Cemetery Fund and become a part thereof.
Section 14. The Mayor is hereby empowered._ and directed to make and execute
on behald of the City of Yakima all such contracts, agreements or writings as may be
necessary to carry out and give effect to all and singular the provisions of this ordin-
ance, all such contracts, agreements or writints to be attested by the City Clerk and
have affixed thereto the seal of said City.
Section 15. Ordinances No. 361, A -257, B -227 and B -591, and all other ordi-
nances in conflict herewith are hereby repealed. •
Section 16. This ordinance.is one to provide for the immediate preservation
of the public peace, property, health and safety of the. people of the City of Yakima, and
an emergency is hereby declared to exist, and this ordinance shall be in full force and
effect from and after the date of its passage., approval:.and publication, as provided by
the City Charter.
PASSED BY THE CITY COMMISSION, signed and approved, this 30th day of
January, 1956.
ATTEST: PEARL BENJAMIN (S E A L) G. W. BURNS,
City Clerk MAYOR
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I hereby certify that the foregoing is a full, true and correct copy of Ordinance No.
B -1834 entitled "AN ORDINANCE creating a CemeteryTrust Fund, a Cemetery Care Fund and a
Cemetery Fund, and defining their uses and purposes, declaring all lands in Tahoma Ceme-
tery eligible to endowment care or annual care, withdrawing certain portions of said
cemetery from general sale and. reserving same for sale to purchasers buying with provi-
sion for the endowment care thereof by the.. city, repealing Ordinance No. 361, A -257, and
B -591, B -227, and declaring an emergency. " - as passed this 30th day of January, 1956, and
that same has been piblished as required by law.
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C T Y C L E R K
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