[Ord. No. 12 §§1 —
2, 7-8-1896]
A.
That
the tract, piece or parcel of land heretofore to wit: On the twenty-fourth
(24th) day of November, 1886, conveyed to the "City of Kearney" by
William T. Christy, guardian of the person and estate of Annie A.
Pollock, a minor, by deed recorded in Book 71, at Page 115, in the
office of the Recorder of Deeds for Clay County, Missouri, and described
as follows, to wit: Lot No. two (2) as marked on the plat filed by
the Commissioner, Joseph McConnel, R. J. Stepp and F. M. Corrum, and
recorded in Book No. 58, at Page 607, in the office of the Recorder
of Deeds aforesaid, being a part of the southwest quarter of the northwest
quarter of Section No. 26, Township 53, Range 31 and described as
follows: Beginning at a stake 14 and 1/4 poles south of the northwest
corner of the southwest quarter of the northwest quarter of said Section
No. 26 and running thence east 40 poles thence south 14 and 1/4 poles
thence west forty poles, thence north fourteen and one-fourth to the
beginning, containing three and fifty-six one hundredths (3 and 56-100)
acres, in Clay County, Missouri, be and the same is hereby set apart
and dedicated for a cemetery to be known and designated as the "Fairview
Cemetery of the City of Kearney".
B.
All that
part of the west end of said cemetery not heretofore laid off in blocks
and lots shall, under the order and direction of the Mayor and Board
of Aldermen, be and the same is hereby set apart and dedicated for
a "Cemetery Park" upon which there shall be no burial of the dead.
Said cemetery park shall be laid off in walks and drives, planted
in trees, evergreens, shrubbery, flowers; walks and drives may be
macadamized or graveled, under the direction of the Mayor and Board
of Aldermen, of the Cemetery Fund to be hereafter mentioned and to
be kept. An accurate plat of said cemetery shall be made by order
and under the direction of the Mayor and Board of Aldermen setting
forth: First, the blocks and lots by numbers and the dimensions thereof;
second, the streets and alleys; and that said plat and all other plats
or additions shall be filed in the office of the Recorder of Deeds
of Clay County, Missouri, and the same shall there be recorded, and
a copy thereof shall be filed with and recorded by the City Clerk,
and all conveyances of cemetery lots shall be made by block and lot
as numbered on said plat, and by deed signed by the Mayor and duly
attested by City Clerk, and shall vest in the purchaser, his/her heirs
and assigns, a right in fee simple to such lot or lots for the sole
purpose of interment under this Chapter.
[Ord. No. 12 §3, 7-8-1896]
Said cemetery shall be kept in repair by a sexton who shall
be under the direction of the Mayor and Board of Aldermen of said
City and shall receive such compensation as may be fixed by contract.
The proceeds arising from the sale of cemetery lots, after paying
for the land and all expenses incurred by said Mayor and Board of
Aldermen, shall constitute a separate fund to be called the "Cemetery
Fund" and shall be employed only in repairing and beautifying said
cemetery and the purchase of additional grounds under and by the direction
of the Board of Aldermen.
[Ord. No. 12 §§4 —
8, 7-8-1896]
A.
Any person
or persons who shall place or throw or cause to be placed or thrown
any dirt, sod, gravel, substance or obstruction of any kind whatever
upon the streets, alleys, walks or drives of said cemetery shall be
deemed guilty of a ordinance violation. Nothing in the foregoing shall
be construed as to prevent any person or persons from placing dirt,
sod, gravel or substance upon such street or alley while digging graves
and interring the dead, or while improving or repairing the lots thereof,
not to remain in such streets or alleys more than three (3) days.
B.
Any person
or persons who shall plant, grow or cultivate any tree, shrub, vine,
bush or plant upon any lot, street or alley in the platted part or
upon any lot thereon of said cemetery shall be deemed guilty of a
ordinance violation. Nothing in the foregoing shall be so construed
as to prevent any person or persons from planting, transplanting,
growing and cultivating any annual flower or plant that will not sprout
or spread nor grow more than eighteen (18) inches in height.
C.
Any person
or persons who shall disturb, take or carry away any plant, flower,
shell, ornament or who shall break or destroy any flagging, stone,
monument, vase or property not having a right to the same shall be
deemed guilty of a ordinance violation and be fined in a sum not exceeding
one hundred dollars ($100.00).
D.
Any person
who shall cut, break or destroy or permit any horse or other animal
to bite, break or destroy any tree, plant, shrub or any other ornament
in the Cemetery Park shall be deemed guilty of a ordinance violation.
E.
No person
shall be permitted to erect any wooden, iron, steel or metal paling
around his/her lot or grave; provided that any person may put, build
or erect any flagging of stone or metal around his/her lot not to
exceed twelve (12) inches in height above the surface for the purpose
of bedding and planting flowers, etc.
[Ord. No. 189 §§1 —
3, 4-4-1967]
A.
All money
and property derived from gifts, bequests and devises to the City
for cemetery purposes, unless otherwise provided in the instrument
granting the same, shall be deposited in and become a part of the
Cemetery Fund of the City of Kearney.
B.
The Mayor
and Board of Aldermen of the City of Kearney consent and agree to
accept and hold in trust, free of charge, any fund or property of
any description donated or willed to it, in trust, for the care and
maintenance of Fairview Cemetery of the City of Kearney or for the
providing and maintenance of any cemetery acquired by the City.
C.
Any money
so donated or willed, with directions that only the interest thereon
shall be used, shall be loaned by the City Council on unencumbered
real estate situated in the City of Kearney and not exceeding two-thirds
(2/3) of the fair value thereof, or invested in bonds issued by the
United States, the State, the City or the County, or in any insured
financial institution so insured by the United States Government,
providing that such a deposit in any one (1) institution shall not
exceed the guarantee by the United States Government of such funds
so deposited in said institution. Only the interest received from
the proceeds of such money so deposited or invested as above provided
shall be used in maintaining the Fairview Cemetery in the City of
Kearney, Missouri, or any other cemetery acquired by the City, and
all trust money shall be kept separate from funds derived from the
sale of cemetery lots and in a fund known as "Cemetery Trust Fund".
[Ord. No. 418-84 §§1 —
3, 5-21-1984; Ord. No.
825-00 §3, 8-7-2000]
A.
A rational
nexus establishing a fee schedule for sale of grave spaces is on file
in the City offices and made part of this Section is if wholly rewritten
herein.
B.
Said
fees for sale of grave spaces are as follows:
Existing grave spaces: $450.00 per grave space.
New grave spaces platted by this Section: $515.00 per grave
space.
