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HomeMy WebLinkAbout050716" RESOLUTION NO. 5Q71 A RESOLUTION ESTABLISHING FEES AND PROCEDURES FOR CITY OWNED CEMETERIES AND RESCINDING RE- SOLUTION NO. 4756. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 DEFINITIO A. Adult burial spaces shall be 40" x 120" and accept caskets 48" to 85" in length. B. Child burial spaces shall be 40" x 80" and accept caskets up to 43" in length. C. Baby burial spaces shall be 20" x 60" and accept caskets 35" and less in length. D. Cremains (ashes) burial spaces shall be 40" x 40 ". SECTION 2. PURCHASE PRICE A. The purchase price of burial space in Mountain View Cemetery shall be as follows: (1) ANNEX ONE Blocks 1- 2 -3 -4- TOTAL ANNEX TWO Blocks 7- 8 -9 -10 (With restricted monument heights provisions) Adult ..... ........................$525.00 Endowment .........................$ 85.00......$ 610.00 Child..(Lot 147, Block 7).........$360.00 Endowment .........................$ 60.00......$ 420.00 Baby ...... ........................$250.00 Endowment .........................$ 50.00......$ 300.00 (2) ANNEX TWO Blocks 5 -6 -12 (With un- restricted monument height provisions). Adult ..... ........................$615.00 Endowment........... ............$ 95.00......$ 710.00 Baby...... . ........................$250.00 Endowment .........................$ 50.00......$ 300.00 (3) ANNEX TWO Block II (With restricted monument requirements) - (Flat grass level monuments only) Lots 1 -130 Adult ..... ........................$250.00 Endowment .........................$ 50.00......$ 300.00 Baby............ ................$ 80.00 Endowment .........................$ 20.00......$ 100.00 Lots 130 -168 (With restricted monument requirements) Adult ..... ........................$250.00 Endowment ........ .................$120.00......$ 370.00 (1) (4) Specified cremain (ash) areas ............ $210.00 Endowment .. ..............................$ 40.00....$250.00 (5) ORIGINAL CEMETERY Adult ............ ........................$350.00 Child ............ ........................$150.00 B. Every agreement for the purchase of a burial space shall include a clause prohibiting the purchaser from transferring title or any interest in said burial space to any person, firm, corporation, association or trust, other than to a member of said purchaser's immediate family or to the City of Pueblo. The agreement will define immediate family to include only the purchaser's spouse, mother, father, sister, brother, daughter, son, or to such person entitled to inherit purchaser's estate under the intestate provisions of the Colorado Probate Code. SECTION 3. OPENING AND CLOSING FEES A. The following fees shall be charged by the City for opening and closing of the grave: (1) Adult ........... ........................$300.00 (2) Child ........... ........................$275.00 (3) Baby ............ ........................$175.00 (4) Cremains (ashes) ................ .......$200.00 (fee includes cement container for ashes only) (5) Opening for third party installations of vault and third party closing of grave..$150.00 SECTION 4. DISINTERMENT A. The fee for disinterment shall be: Adult ................ ........................$450.00 Child ................ ........................$350.00 Cremains ............. ........................$150.00 B. When disinterments if followed by reinterment in Mountain View Cemetery, the total charge.will be the cost of disinterment plus the charges of the new grave, open and close, container and installation. SECTION 5. SPECIAL ARRANGEMENTS A. The fee for services arriving at the Cemetery before 8:00 a.m. or 4:00 p.m. or later, shall be .... ........................$100.00 B. The fee for interment on Saturday shall be $200.00 per grave. C. There shall be no Sunday or Holiday funerals. D. The fee for sales of graves or on site arrangements at times other than regular working hours shall be $75.00. SECTION 6. CONTAINERS A. The fee for containers shall be: Adult Concrete Vault . ........................$200.00 + Tax Child Concrete Vault . ........................$160.00 + Tax Baby Concrete Vault .. ........................$140.00 + Tax Baby Liners .......... ........................$100.00 + Tax B. The fee to install any container shall be: Adult................ ........................$100.00 Child .......... ..............................$ 75.00 Baby........... ..............................$ 75.00 (2) SECTION 7. MONUMENT FOUNDATIONS A. No charge shall be made for resetting monuments for main- tenance reasons or vandalism installed before January 1, 1983. B. The term overall monument size is the total measurements of the monument, including any rough cut on the monument or base and NOT the polished face of the monument. C. The fee for City poured concrete foundations shall be: Government markers ..................$50.00 Corner posts ........................$18.00 each All others - 30� per square inch finished foundation size including the 3" mowing edge shall be charged. D. The following charges shall be made for pre -cast monument foundations provided by the City: 20" x 16" $60.00 for overall monument size to 16" 40" x 18" $80.00 for overall monument size to 24" 40" x 18" $120.00 for overall monument size 24" to 34" 60" x 18" $170.00 for overall monument size to 54" 72" x 18" $200.00 for overall monument size to 67" SECTION 8. VASES A. The fee to set invertible vases shall be: (1) At time of setting monument ...................$ 50.00 (2) Alteration to existing setting ................$100.00 B. Marble, granite or permanent vases shall be set on a per- manent base and not installed in soil at ends of monument. SECTION 9. THIRD PARTY INSTALLATIONS A. Fees for location, allignment, supervision and inspection by City of third party installation shall be: Monument Foundations . ..............................$ 50.00 Containers........... ..............................$ 75.00 Procedures and requirements for vendors are defined in rules and regulations for city cemeteries. SECTION 10. TITLE TRANSFERS The fee for a title transfer shall be ..................$ 20.00 SECTION 11. CERTIFICATE OF PURCHASE Upon payment in full of the purchase price for a burial space, the purchaser shall be issued a Certificate of Purchase by the City Clerk. SECTION 12. BURIAL SPACE REPURCHASE A. The Director of Parks and Recreation is authorized to re- purchase unused burial spaces at 50% of the current selling price or the original purchase price. SECTION 13. ABANDONED BURIAL SPACE Every agreement for the purchase of a burial space shall include a clause reverting title to the space sold if said space is not used for burial purposes within seventy -five (75) years of the date of sale. (3) y SECTION 14. PRE -NEED SALES Pre -need sales of opening, closing of graves, vaults and memorial foundations as supplied by the cemetery and installation of same shall be provided at the appropriate fees established by this resolution. Resolution No. 4800 shall administer the pre -need fund. SECTION 15. DEPARTMENT OF SOC SERVICE CHARGES Cemetery charges established by this resolution may be adjusted as necessary to obtain the maximum reimbursement from the Colorado Department of Social Services with the remainder considered an in kind contribution on the behalf of the City of Pueblo. SECTION 16. RECISSION OF PREVIOUS RESOLUTIONS Resolution No. 4756 passed and approved April 13, 1981, and all other resolutions or parts of resolutions in conflict herewith are hereby rescinded. SECTION 17. EFFECTIVE DATE This resolution shall become effective January 1, 1983. INTRODUCED: December 13, 1982 BY H MABIE, JR. Councilman APPROVED: President f Council ATTEST: J Revised October, 1982 CITY CEMETERIES RULES AND REGULATIONS I. ADMINISTRATION: A. For the purpose of these Regulations, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "Shall" is always mandatory and not merely directory. (1) "Cemetery" is any cemetery owned and operated by the City of Pueblo, Colorado. (2) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (3) "Supervisor" is the park supervisor assigned to the cemeteries. (4) "Burial Space" is any cemetery grave intended for interment of a human body, but not yet used for such purposes. (5) "Grave" is any cemetery grave space in which interment has been made or is immediately about to take place. (6) "Owner" is any person owning or possessing the privilege, license, or right of interment in any burial space. (7) "Holiday" shall be those observed by City Council of Pueblo, Colorado; State of Colorado; and /or the United States Government. B. The Park Supervisor assigned to the City Cemeteries shall be the authorized representative of the Director of Parks in all matters relating to the administration of laws and regulations relating to the Cemeteries. Such supervisor and other employees of the City assigned to work at the Cemeteries under his supervision, may be at the Cemetery and ready to give information or render assistance to visitors and burial space owners from 8:00 a.m. to 4:30 p.m., Monday through Friday. C. The Supervisor shall have charge of all landscaping, grading, and plant materials in accordance with the general plan for the orna- mentation of the cemeteries as prepared by the Director of Parks. All planting must be approved by the Cemetery Supervisor before work is done. Any article which has fulfilled its purpose, or detracts from the aesthetics of the cemeteries shall be removed by the Supervisor without responsibility for the disposition thereof. No glass containers of any type shall be used for the purpose of decoration within the City Cemeteries. D. The Supervisor shall supervise the keeping of full and complete records of the ownership of all burial spaces in the Cemeteries, of the burial capacity of each space, sold or unsold, of the location of each grave, of the name of the person buried in each grave and of the date of burial of each. (1) E. F. G. H. I. II. BURIALS A. B. C. D. E. F. G. Flowers and artificial decorations will be per fitted in the Cemeteries only in approved vases. During the mowing season (May - November 1) flowers in the approved containers must be organic or fresh cut, NO AR IFICIAL FLOWERS or DECORATIONS WILL BE PERMITTED, EXCEPT - during the Memorial Day Season, (May 25 - June 15), decorations of any kind may be placed in the vases. At the termination of the Memorial Day Season, June 15th, all non conforming decorations will be removed. The decoration period for the Christmas and New Year holidays will be from December 1 through March 1. After Mar -.h 1, all such de- corations shall be removed by Cemetery personn 1. City employees assigned to the Cemetery are not permitted to perform any work for owners, vendors, or contractors. Burial spaces at North Side Cemetery to be helJ in reserve until Mountain View Cemetery pre -needs have all been sold. Burial spaces presently owned at North Side Cemetery may be used as needed at the existing rate in effect at Mountain View Cemetery. All require- ments in effect at Mountain View Cemetery will apply to the North Side Cemetery. No burial of any deceased person shall be permitted until: (1) A burial permit has been obtained from thE Health Department. (2) The burial space in which burial is to be made has been paid in full. (3) The Person being interred shall have the legal right to use the burial space by ownership of the burial s ace, a member of the immediate family of the owner, or such pe son entitled to receive the burial space under the provisions of the Colorado Probate Code. Opening and closing of graves shall be under the supervision of the Cemetery Supervisor. Twenty -four (24) hour notice shall be required from the Mortuary. This notification will not include Saturday, Sunday or Holiday. Services for Monday, or after a three day hol day, must be confirmed by noon of the last regularly scheduled work ay. Time of service is to be confirmed with the C metery before it is confirmed with the family in order to avoid conflicting services. All sales of graves, or other special arrangements, are to be made during regular working hours or an additional fee will be charged. No burial shall be performed before 8:00 a.m. or after 4:00 p.m. on any weekday or at any time on Saturday, except by payment of a special fee as determined by Resolution of the City C until. Any service entering the Cemetery grounds after 4:00 p.m. will be considered a late service and will be charged as such. Th re shall be no Sunday or Holiday services. (2) H. When credit has not been established, prepayment for all services shall be required. In extenuating circumstances, it is the prerogative of the Director of Parks to make other terms or con- ditions for payment. In indigent cases where limited funds are available, the Supervisor is authorized to allow burial space, opening and closing of the grave and a burial container pending payment. No monument shall be erected until all Cemetery charges are paid in full. I. In indigent cases where governmental agencies may aid or other social services assist in the burial cost, burials will be per- mitted as follows: (1) An approved container shall be used. (2) Burial space and open and close and container costs must be paid in full before a monument can be installed. (3) Credit terms shall be arranged for payment prior to burial. J. Cremain residue will be permitted. Full Cemetery cost to be paid and an approved container must be used. (1) When an immediate family member is interred in a grave, the cremains or ashes of one other member of the immediate family may be interred in this same grave. (2) When the cremains or ashes of two immediate family members are interred in a single burial space, only one monument with both names shall be permitted. (3) Persons desiring to sprinkle cremains over an immediate family member's grave, shall provide such information to the office as is required for proper record keeping. K. All burials shall require approved containers capable of with- standing a vertical applied laboratory load of 1,480 pounds per square foot without cracking or resultant vertical deflection of not more than 0.625 inches and side deflection of more than 0.06 inches. The Director of Public Works shall determine the test procedure. III. VAULT BEDS AND /OR SIMILAR PRODUCTS A. Funeral Directors using any type of product placed within an outer casket shell shall: (1) Place the product on the lowering device with the Pallbearers and conduct the service. (2) Remove the casket cover and vault bed from the lowering device to location where the body of the deceased is not exposed to the public view during the process of transfer and sealing the top portion of the vault bed product. (3) Place the sealed product on the lowering device with Funeral Home personnel. B. City Cemetery employees will then complete the interment. (3) IV. MONUMENTS AND VASES AND OTHER ORNAMENTATION: A. Foundations shall be constructed of concrete. Such concrete shall meet specifications for concrete promulgated by the Director of Public Works and approved by the City Council of Pueblo by Resolution No. 1003, approved and adopted on January 27, 1958 and especially Article 2 thereof. B. GRAVE AND MONUMENT SIZES: The following sizes are the dimensions of both the grave spaces and the monuments that may be placed on them and are established as a permanent size and these sizes shall be strictly adhered to and enforced. 40 Single grave 30" Double grave 120" Triple grave 34" length monument 74" length monument e 114" length monument ' (2) BABY GRAVE AND MONUMENT SIZE 20" single grave size 14" single monument size (3) Cremation grave and monument size limits 40" single grave 40" double grave 120" triple grave 34" length monument 74" length monument 114" length monument (a) A three (3) inch margin of cement foundation shall be required around every monument. (b) Monument sizes indicated above are for over -all, outside measurements. Polished faces on rough cut monuments must be two (2) to four (4) inches less than the sizes shown on the diagrams. C. All deliveries to the Cemetery shall be reported at the Cemetery Office before they can be set off on the grounds. D. No monument shall be removed from the Cemetery grounds without the approval of the Cemetery Supervisor. Monuments being removed per- manently will require the removal of any foundation material at the owner's expense. E. No monument shall be placed on any burial space or grave until the purchase price of said burial space shall be paid in full. (4) F. Any person desiring to place a monument upon any grave or burial space shall make application to the Cemetery Supervisor on the form provided for that purpose by the City. The application shall set forth the following information. (1) The name(s) of the deceased or grave owner and the location of the burial space(s) upon which the monument is to be placed. (2) Overall dimensions of the monument. (3) The date upon which it is expected that such monument will be delivered to the Cemetery and placed upon the grave(s) or burial space(s) described. (4) If the foundation is to be pre -cast or poured. (5) Such other information as the Cemetery Supervisor shall deem necessary. G. When requesting pre -cast monument foundations, the standard appli- cation form shall be used and forwarded to the Cemetery with all copies intact. This can be done at the time of the sale of the monument. The foundation will then be installed by the City or Vendor and the pink copy of the standard application form will be returned to the Vendor with the appropriate charge marked. This will be the notification to the Vendor that the monument can be installed on the foundation. The Vendor shall bring the monument to the cemetery, install and fasten the monument to the foundation and shall be responsible for the installation. When the foundation is to be poured, the application form and the monument or base are to be delivered at the same time. H. In case of any questions whether pre -cast or poured foundations shall be used in the City Cemeteries, the Cemetery Supervisor's decision shall be final. I. On pre -cast monument foundations, the 20" long foundation will be used only on baby graves. The 40" long foundation will be used on all junior size and adult size graves. The 20" long foundations will not be used on adult graves or the junior size graves. J. Pre -cast monument foundations will be provided as follows: (1) 20" x 16" foundation for overall monument size up to 16" (2) 40" x 18" foundation for overall monument size up to BUT NOT INCLUDING 24" (3) 40 x 18" foundation for overall monument size from 24" to 34" (4) 60" x 18" foundation for overall monument size to 54" (5) 72" x 18" foundation for overall monument size to 67" K. The term overall monument size is the total measurements of the monument, including any rough cut on the monument or base and not the polished face of the monument. L. Work upon or in the preparation for any monument or other ornamental work shall not be permitted on Sundays or Holidays, or the day pre- ceding any Holiday. (5) M. No vases shall be installed in front of or in back of monuments. With City supplied pre -cast foundations, there shall be no pro- visions for invertible vases. Any type upright vase may be installed either on the base of the monument or on the foundation. The Vendor will be responsible for the installation of these vases. N. All monuments and vases must comply with City Cemetery standards before they will be approved for installation within the City Cemeteries and shall be installed at the head of the grave. 0. No trellis or ornamental iron work of any type will be allowed after September 1, 1974. P. The ornamental iron work that has already been installed shall be kept in good maintenance and repair and painted by the owner or the decendants of the owner of the grave upon which such grill work is constructed. The Director of Parks is authorized to have removed any ornamental grill work that was not constructed, maintained, repaired or painted as required in this section, and the City and its officers, agents, and employees shall not be responsible to the owner or the decendants of such owner for the disposition thereof. V. THIRD PARTY INSTALLATION: A. Foundations for monument and vases. (1) The application form provided by the City shall be filed for verification of ownership of the grave space(s) that all fees have been paid, height requirements met, correct location of the grave space(s) acertained and the proper alignment of the monument foundation met. (2) All foundations shall be constructed of concrete and meet specifications for concrete promulgated by the Director of Public Works and approved by the City Council of Pueblo by Resolution No. 1003, approved and adopted on January 27, 1958, and particularly Article 2 thereof, and any amendment or subsequent Resolution adopted by the City Council of Pueblo. B. Grave vaults or other containers. (1) The Container Vendor shall provide forty -eight (48) hour notice and confirmation of the cemetery time schedule before a grave space will be opened or a funeral scheduled. (2) The Container Vendor shall install the container base during regularly scheduled working hours (8:00 a.m. to 4:00 p.m. weekdays) four (4) hours BEFORE the service is scheduled at the grave site, church or mortuary chapel. (3) The City Cemetery employees shall open the grave space, remove excess dirt, (the remaining dirt will be placed along- side the open grave) and complete the set -up. (4) After the service is complete, the City Cemetery employees shall remove the grave equipment they have installed. The Vendor shall install the remainder of the container within 30 minutes after the corteage has left the grave site. (6) (5) The Vendor shall fill and tamp the grave with the dirt that has been left at the grave site. If additional dirt is required or if there is a surplus, the Vendor is responsible for corrective action and clean up of the area. (6) The Vendor shall install replacement sod at time of the service unless the service occurs during the non - irrigating season (October 1 until April 1). The Vendor shall then replace sod on all winter time burials on or before May 1. (7) The City shall provide supervision and coordination of the Vendor's installation, but, shall NOT provide any equipment nor direct the Vendor's work force. (8) The City Cemetery Supervisor shall be on site when the container base is installed and check for any damage at that time. (9) In the event of wet conditions, the Vendor shall provide planking and make ground repairs to the turf or adjacent grave(s) that may be involved in any damage or disturbance. C. Licenses and Insurance. (1) If required by applicable law, Vendor shall be licensed and display such license at request of City Cemetery Supervisor. (2) Any Vendor engaged in the business of installing monuments or closing graves for persons other than said Vendor, shall maintain and keep in force, liability insurance in amount of not less than $400,000.00 bodily injuries or death, and $100,000.00 property damage. D. Warranty. (1) Vendor shall warrant all foundation and vault installation, grave closing work, and materials furnished and supplied by such Vendor to be free of defects in workmanship or materials for a period of two years from the date of install -. ation. Vendor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting directly or indirectly from or arising out of the performance of such work and such installation. (7)