HomeMy WebLinkAbout258_Amending Cemetery OrdinanceORDINANCE NO. 258
AN ORDINANCE AINIENDING CHAPTER 6, ARTICLE 1, SECTIONS
6-1 THROUGH SECTIONS 6-6, BOTH INCLUSIVE, AND
PROVIDING FOR THE AUTHORITY TO PURCHASE AND
REGULATE LAND TO BE USED FOR CEMETERY PURPOSES;
PROVIDING FOR THE CONVEYANCE OF CEMETERY LOTS AND
ABANDONED LOTS; PROVIDING FOR RULES, RESOLUTIONS AND
ORDINANCES PERTAINING MI CEMETERIES AND PENALTIES
AND FINES FOR VIOLATIONS THEREOF; PROVIDING FOR A
LIEN ON CEMETERY LOTS FOR UPKEEP CHARGES AND
ENFORCEMENT OF SAID LIEN AND FURTHER PROVIDING
FOR THE REMOVAL OF REMAINS TO OTHER GRAVESITES,
MAKING PROVISIONS FOR UNMARKED GRAVES; PROVIDING FOR
A CEMETERY CARE FUND, PURCHASE OF LANDS AND INVESTMENT
OF FUNDS, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COUNCILMEN OF THE CITY OF
OWASSO, OKLAHOMA.
Chapter 6
Cen,ieteries
ARTICLE 1
Section 6-1: Authority to Purchase and Regulate®
The City of Owasso shall have the power to purchase,
layout and regulate cemeteries. The Powers over cemeteries
L Jnclude, but are not limited to, cemeteries used or dedicated
for interment of animal remains. (11 O.S. Section 26-101)
Section 6-2: Power to Acquire and Control Land For
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Cemeteries:
The City of Owasso may acquire by purchase, donation or
otherwise, and may control lots or parcels of land within or
without the limits of the municipality as the City deems
necessary for cemetery purposes. When lots or parcels are so
acquired by the Ciy,
_L t the title shall vest in the City. The
City may subdivide or plat any of the lots or lands into
suitable parcels for burial purposes and make such disposition
thereof as will in the judgment of the governing body of the
City of Owasso best serve the purpose for which they were
acquired. Any lands so acquired shall thereafter be exempt
from taxation, and the City may pay and discharge any
assessments against the lands for the improvement of streets
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or the construction. of sewers. The City shall provide for the
grading, -fencing, ornamenting and improving of all burial and
cemetery grounds owned by the City and the avenues leading
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thereto. The City may construct walks and plant and protect
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ornamental trees and shrubs and Provide for paying the cost
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thereof. (11 O.S. Section 26-102).
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Section 6-3: Conveyance of Cemetery Lots - Abandoned
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Lots:
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Lots in the Municipal Cem etery shall be conveyed by
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Certificate signed by the Mayor and countersigned by the Clerk
under the Seal of the City of Owasso® The Certificate shall
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show the price for which the lots are sold and specify that
the person t o w hom it is issued is the owner of the lot or
lots described therein by number, as laid down in the plat,
for the purpose of interment. The 'Certificate shall vest in
the purchaser and his heirs a right to the lot or lots for the
sole purpose of interment, under the regulations as the City
Council may, from tii�ze to time, promulgate or establish by
resolution. The Certificate shall be entitled to record in
the Office of the County Clerk of the County in which the lot
is situated without further acknowledgment and the description
of lots by number shall be sufficient for the purpose of
record. All abandoned lots or spaces of lots shall revert to
the City of Owasso® City (11 O.S. Section 206-103).
Section 6-4; Rules and Ordinances - Penalties and
Fines.
The City of Owasso may pass rules and ordinances to
regulate, protect and govern the Cemetery, the owners of the
lots therein, visitors therein and to punish trespassers
therein. The City Council, by resolution, may limit the
number of lots which may be owned by one person, corporation
or association at the same time and may prescribe such rules
by resolution for enclosing, adorning and erecting monuments
and tombstones on cemetery lots; but no religious test shall
be made as to the ownership of lots, the burial therein, or
the ornamentation of graves or lots. The City of Owasso may
prohibit any division of the use of 'Lots and any improper
adornment thereof by its rules or resolutions® The officers
of the City of Owasso shall have full jurisdiction and power
to enforce such rules, ordinances and resolutions as if they
related to the City of Owasso itself® Penalties and fines not
exceeding One Hundred Dollars ($100.00) or thirty (30) days in
jail may be imposed for violation of such rules and
ordinances. 1,11 O.S. Section 26-105).
Section 6-5: Cemetery Care Fund - -Purchase of Lands -
Investment of Fund:
In all cemeteries owned by the City of Owasso where
lots are sold or charges made for interments, not less than
twenty-five percent (250) of all v received from the sale
CIE: lots and interments shall be segregated and set aside as a
permanent 'Lund to be known as the "Cemetery Care Fund." The
cemnetery care fund shall be expended in purchasing lands for
cemeteries and for making capital improvements when necessary.
The balance of the fund may be invested by the City Council in
the manner provided by Section 349.1 of Title 62 of the
Oklahoma Statutes for investment of municipal funds. Only the
interest from the investments shall be used in improving,
caring for and embellishing the lots, walks, drives, parks and
other necessary improvements on such cemeteries.
(11 O.S. Section 26 -109)®
Section 6-6:
Lien on Cemetery Lots for Upkeep Charges -
F,nf6rceiment.
A. The City of Owasso shall have a lien on any
unused lot in a cemetery owned by said City when a written
contract provides for upkeep payments on such lot and the
upkeep payments have been unpaid for a continuous period of
five (5) years. Where more than one lot has been p-urchased in
a group of lots, and at least one of the lots has been used in
that group of lots, the provisions of this section shall not
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apply.
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B. After filincT the lien with the Clerk of the
District Court in the County in which the cemetery lot is
situated, the lien may be enforced by civil action. The prac-
tice, pleading and proceedings for foreclosure in such action
shall conform to the rules prescribed by the Code of Civil
Procedure as far as they -nay be applicable. (11 O.S. 26-111).
Section 6-7: Removal of Remains to Other Gravesites -
Unmarked Graves:
When the bodily remains of an unknown person are disco-
vered in an unidentified and unmarked grave of a cemetery
owned or operated by the City of Owasso, the remains may be
removed to some other gravesite within the cemetery, at the
expense of the 41 -1-
City, if no record exists as 0 a sale or con-
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veyance of the lot and the City is without knowledge that a
body has been buried in the gravesite, in the event the lot is
sold to another person® An application for approval of the
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d.Lsinterment and removal of the bodily remains shall be first
filed with, and approval obtained from, the State Health
Depart-iment. (11 O.S. 26 -112)®
Emergency Clause:
An emergency is hereby declared to exist for the pre-
servation of the public peace, health and safety, by reason
whereof this Ordinance shall take effect immediately from and
at-21ter. its Passage, approval and publication®
PASSED AND APPROVED and the emergency clause ruled upon
separately this day of
1979x®
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T5Yb SPENCER Mayor,
City of Owasso, Oklahoma
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ATTEST:
�7ty TerkF
City of Owasso, Oklahoma
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APPROVE'D:
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Harold Charnev
City Attorney
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Affidavit Of Publication LEGAL NOTICE
STATE OF OKLAHOMA, TULSA COUNTY, ss: .�
Published in the Owasso
Bill R. Rether£ord, of lawful age, being duly sworn Reporter, Owasso, Tulsa
County, Okla., Thurs., June
and authorized, says that he is publisher of the 28,1979,
Owasso Reporter, a ORDINANCE NO. 258
weekly newspaper printed in the City of
AN ORDINANCE
Owasso Tulsa County,
AMENDING CHAPTER
...............__...:.,..,
6, ARTICLE 1, SEC -
Oklahoma, a newspaper qualified to publish legal
TIONS 6-1 THROUGH
SECTIONS 6 -6, BOTH
notices, advertisements and publications as provided in
INCLUSIVE, AND
PROVIDING FOR THE
Section 106 of Title 25, Oklahoma Statutes 1971 as
AUTHORITY TO
PURCHASE AND
and complies with all other requirements of
REGULATE LAND TO
amended,
BE USED FOR
the laws of Oklahoma with reference to legal public-
CEMETERY PUR-
POSES: PROVIDING
FOR THE CON- -
ations.
VEYANCE OF
CEMETERY LOTS AND
That said notice, a true copy of which is attached.
ABANDONED LOTS;
PROVIDING FOR
hereto, was published in the regular edition of said news-
RULES, RESOLUTIONS
AND ORDINANCES
during the period and time of publication and not
PERTAINING TO
paper
CEMETERIES AND
in a supplement, on the following dates:
PENALTIES AND
June 28 1979....
FINES FOR
VIOLATIONS THERE-
.,....._....
OF; PROVHING FOR A
�
LIEN ON CEMETERY
........../.rMa / v ...
LOTS FOR UPKEEP
CHARGES AND EN-
FORCEMENT OF SAID
Subscribed and sworn to before me this .29, .....day
LIEN AND FURTHER
June 9
PROVIDING FOR THE
of ........_ ..._................,197....,,.
REMOVAL OF
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REMAINS TO OTHER
GRAVESITES, MAKING
PROVISIONS FOR
Notary Public
UNMARKED GRAVES;
7 -25 -82
PROVIDING FOR A
My commission expires:_ .........................
CEMETERY CARE
FUND, PURCHASE OF
LANDS AND IN-
PUBLISHER'S FEE $15.00
.........
VESTMENT OF FUNDS,
REPEALING ALL
ORDINANCES OR
PARTS OF OR- i
DINANCES IN CON- t
FUCT HEREWITH;
AND DECLARING AN
'
EMERGENCY.
PASSED AND AP-
PROVED and the
emergency clause ruled
upon separately this 19th day 1
of June, 1979.
BOYD SPENCER, Mayor,
City of Owasso, Oklahoma
(SEAL)
ATTEST:
Wauhilleau Webb
City Clerk,
City of Owasso, Oklahoma
APPROVED:
Harold Charney,
City Attorney
City of Owasso, Oklahoma