[HISTORY: Adopted by the Borough Council of the Borough of Denver 7-27-2020 by Ord. No. 667[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 48 but was renumbered in order to maintain the alphabetical organization of the Code.
A. 
The Borough of Denver shall acquire and maintain ownership of the tracts of land comprising the Fairview Cemetery, being the original cemetery tract at 101 North 4th Street and the annex at 1180 Steinmetz Road, collectively known as "The Fairview Cemetery" and shall operate a cemetery company in accordance with Pennsylvania law respecting the regulation of cemetery companies.
B. 
The lands comprising the Fairview Cemetery shall not be used for any purpose that would conflict with the primary intended use for human burials.
C. 
No lands shall be purchased by the Borough for cemetery purposes.
D. 
The Borough shall expend no funds of its own to acquire and maintain the Fairview Cemetery.
E. 
Upon accepting transfer of the real estate and the other assets of the Fairview Cemetery Association, the Borough shall establish a separate account to be used for the sole purpose of paying the ongoing expenses of the cemetery company and for the receipt of funds derived from the operation of the cemetery, as well as the receipt of gifts made to further the purposes of the cemetery company. Any withdrawals from said account shall require at least two signatures, and this account shall be audited from time to time as part of the audit of all other Borough accounts.
F. 
Council shall designate by resolution the persons authorized to deal with funds in the operating expense account.
G. 
Borough Council shall appoint by resolution a fiduciary to receive the remaining funds of the Fairview Cemetery Association after the expenses of transfer to the Borough have been paid, to hold them in a permanent lot care fund, to manage the investment funds of the cemetery and to make periodic reports to the Borough respecting the amounts held by the fiduciary and the status of all fiduciary accounts.
H. 
The cemetery company shall be operated so that there are no financial costs to the Borough of Denver. No tax money of the Borough shall be used to support the cemetery company and no tax shall be raised for that purpose.
There is hereby created a Cemetery Association in and for the Borough of Denver in accordance with § 2801 of the Borough Code. The Cemetery Association shall consist of three voting members to be appointed by Borough Council.
A. 
The members of the Cemetery Association shall be appointed by Borough Council for terms of three years or until their successors are appointed. The members of the Cemetery Association first appointed shall be appointed for such terms that the terms of three members shall expire annually thereafter.
B. 
All persons appointed to the Cemetery Association shall serve their full terms unless the members shall voluntarily resign or shall be removed by Borough Council for dereliction or neglect of duty Vacancies occurring on the Cemetery Association occurring otherwise than by the expiration of a term of a member shall be filled for the unexpired term only.
The members of the Cemetery Association shall serve without pay.
The members of the Cemetery Association shall elect their own Chairperson and Secretary and shall select all other necessary officers to serve for a period of one year. The Cemetery Association shall have the power to adopt rules and regulations for the conduct of all business within its jurisdiction.
The Cemetery Association, at such times as directed by Borough Council, shall annually submit for approval by Borough Council a proposed budget for the ensuing year, setting forth all proposed expenditures and programs. It shall be the duty of the Cemetery Association to submit with the proposed budget an annual report to Borough Council, including an analysis of lot sales, the remaining capacity of the cemetery, and any recommendations for improvement in operations or maintenance. The Cemetery Association shall not in any manner obligate the Borough for the payment of any Borough funds, and no such appropriations shall be made by the Borough.
A. 
The Cemetery Association shall serve as an advisory body to Borough Council. The Cemetery Association shall perform such studies as shall be requested by Borough Council and may provide recommendations upon its own motion relating to issues concerning the operation of the Cemetery. The Cemetery Association may advise the Borough on capital improvements for cemetery purposes and for funding for such improvements from the permanent lot care fund.
B. 
The Cemetery Association shall review from time to time the operating expense account to determine whether it recommends any transfer of funds from that account to the perpetual care fund, or from the perpetual care fund to the operating expense account.
C. 
Borough Council reserves the right to amend this chapter to revise the powers and duties of the Cemetery Association.