HomeMy WebLinkAbout12/14/2010 19 Tahoma Cemetery Rates and Fees Adjustment; YMC Amendment 7.04.050, 7.04.070, 7.04.080, 7.04.090 • 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
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ORDINANCE NO 2010 -
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 sw intende y employees of the city
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cemetery for any and all services whatsoever in or about said cemetery; all such rules
I and regulations and said schedule of prices to be printed in- panph-let- formfor free
distribution
7.04.070 Fees — Cemetery fund.
All fees and charges collected or received by the cemetery superintendent or 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
- - •• - - - - - - - - - - -mployees 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 wishing to purchase a block or part thereof in said cemetery
shall pay to the cemetery superintendent staff the price thereof before being allowed to
occupy any part of said property The cemetery cuperintendentstaff, upon receiving the
money for any such block or part thereof, shall issue to the purchaser a certificate sales
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agreement containing a correct description thereof, with the name of the purchaser and
the date of the purchase, and within thrce thirty days thereafter shall file a duplicate
copy of such certificate sales agreement with the city clerk and within ten days after
the filing of such certificate with the city clerk, tThe 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 superintendent staff in the certificate
sales agreement issued by him as aforesaid, which said grave use permit shall be
delivered to the purchaser named therein upon the presentation and surrender to the
- - - • - - - - -- - with a copy of the sales agreement provided to the City Clerk
issued by the cemetery superintendentstaff 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)
I for the purpose of the interment of human remains The cemetery superintendent 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
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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 1740 , 200420402011, 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 $657.00703 00
Section B 657 -00703 00
Section C 657- 00703.00
Section D 808.00865.00
Section E (Nonveterans) 747.00800 00
Individual veteran all sections 55800598 00
Section F 657.00703 00
Section G 657-00703 00
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Section H 659703.00
Section I 657.00703 00
Section J 657-00703.00
Section K 657.09703.00
Section L 647.09693 00
Section M (Flat marker graves) 779 00834 00
Section M (Upright marker graves) 84340892.00
City section 657. 00703.00
Masonic section 657..00703 00
I 0 0 F section 657-90703 00
Baby section (Maximum 3 -0 liner size) 272.00291.00
Section E (Cremains) 299.00320 00
Right of 2nd inurnment 319.00342.00
Above prices include mandatory endowment care fee
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Columbariurn
Niche $90148964.00
Right of 2nd inurnment 349.00342 00
Above prices include mandatory endowment care fee
Mausoleum Niches
Niche, marble front (12" x 12 ") $58989630.00
Endowment care 91 0097.00
Niche, smallest glass front (18" x 20 ") 698- 00651.00
Endowment care 91.0097 00
Niche, medium glass front (40" x 22 ") 67 -00724 00
Endowment care 179.00192 00
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Niche, large glass front (46" x 40 ") 736-.00788 00
Endowment care 179.00192 00
Opening and Closing Graves
Regular liner $640. 00578.00
Oversized and jumbo liner 629.00673.00
Baby (30 -inch) 1-80.00193 00
Child (45 -inch) 199 00213 00
Cremains 253.00271 00
Mausoleum crypts 491.00525 00
Niches 200242 00
Vault 680- 00866.00
Liners
• Regular $540 -00578 00
Oversized liner 719 00769 00
Extra large liner 61- 0.00867 00
Baby (30 -inch) 1-80.00193.00
Child (45 -inch) 208.00223 00
Cremain urn vault 270 00289 00
(plus Washington State sales tax)
Monument Settings
Government marker (Veteran) $226 00242 00
Veteran's bronze marker on granite 24" x 36" base 325 -00348 00
Flat marker, 12" x up to 24" 235.00251 00
Flat marker, 12" x 25 " -36" 270.00289.00
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Flat marker, 12" x 37 "-48" 434:00464.00
Flat marker, 12" x 49 "-60" 59600638.00
Flat marker, 12" x 61"-72" 7600813 00
Upright marker, 12" x up to 24" 270 00289.00
Upright marker, 12" x 25 " -36" 360.00385 00
Upright marker, 12" x 37 "-48" 600 -00642 00
Upright marker, 12" x 49 "-60" 84600905 00
Upright marker, 12" x 61 " -70" 1
Each additional inch, either way 22.0024.00
Niche inscription, up to 30 characters 188.00201 00
Niche inscription, each additional character 3 00
Niche emblem 660067.00
Niche photo 88.0094 00
Galvanized vase setting charge (when set 20 -0021 00 41/
w /monument)
Aeon vase setting charge (when set w /monument) 360039 00
Galvanized vase 20- 0021.00
Aeon vase 73- 0078.00
Galvanized vase setting in granite border 167.00179 00
Aeon vase setting in granite border 179.00192 00
Galvanized insert 20- 0021.00
Re -set monuments setting fee + $70.0075.00
cleanup charge
12 -inch marker (cremains only) 118 00126 00
16 -inch marker (cremains and baby lots only) 180 -00193 00
Urn /marker combination (price does not include 382 00/109.00
mandatory right of 2nd inurnment fee)
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(plus Washington State sales tax)
Incidental Charges
Disinterment, adult (does not include opening and $ *867.00*
closing of new grave if relocation in Tahoma)
Disinterment, baby (does not include opening and 4T50- 00*482 '00*
closing of new grave if relocation in Tahoma)
Disinterment, cremains (does not include opening and - 00338.00 **
closing of new grave if relocation in Tahoma)
* Depending on degree of difficulty, an additional charge of up to $595.00637.00 may
be determined by the parks and recreation manager or appointee
Quit claim grave use ccrtificateGrave Use
Transfer Permit processing fee (to transfer $34.0036 00
ownership of lot)
Historic Register copy 12.0013.00
• Saturday overtime a m only— Standard /102 00* * 00 **
Saturday overtime a m only — Cremains 270.00 ** *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 - - -- - -- - • - .e! - • •
No chapel service after 3 00 p m
No graveside service after 3 30 p m
An additional overtime charge of sixty ccvenseventy -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
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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
I next of kin A maximum of six 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
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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
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40 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 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 lying south of a line drawn from the
southwest corner of Block 35 -161 to the southeast corner of Block 2927, and west of a
line drawn from the southeast corner of Block 29 27 to the southeast corner of Block
6870, thence west to the southwest corner of Block 6-768, thence south to the southwest
corner of Block 1/1'1143, 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 sixteen twenty -four inches in length and
eight-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
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headstones caused by weather or by the actions of persons not employed by the city of
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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
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 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. The placing of balloons, toys, ornamcnts, scttccs,
remove the same.
P Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces
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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 shalt be kept in the cemetery office
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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 lots at one time is entitled to a seven percent
discount on the total price of the lots This discount does not apply to the purchase of
end care Into.
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 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
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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 _ day of
December 2010
Micah Cawley, Mayor
ATTEST
City Clerk
Publication Date
Effective Date
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