[Ord. No. 11.100 §1, 7-15-2007]
All that tract or piece of ground conveyed by Samuel B. Thomas
and wife, by deeds recorded in Book "M", on pages 160 and 361, of
the deed records of Moniteau County, to the City of California, to
be used for a cemetery or burial ground is hereby set apart for the
burial of the dead, and shall be known and designated as the City
Cemetery.
[Ord. No. 145.015 §§1
— 2, 1-4-2016]
A.
Regulations.
1.
All cemetery lots will be used for the burial of human remains
only.
3.
The burial of two (2) or more bodies within one (1) gravesite
is allowed in certain instances, with prior approval, with one (1)
of the burials buried twice as deep. In such instances, the City may
establish an additional fee for administration of the records relating
to the double burial.
4.
A funeral director must be present for all human remain burials.
A certificate of cremation from the licensed crematory must be received,
and a cemetery official must be present for all cremated remains burials.
5.
Excavations and disinterments are not permitted without proper
permit and permission from the City of California, Missouri.
6.
There is only permitted one (1) headstone for each gravesite.
B.
Violations And Penalties. All violations of this Section shall be subject to the penalty imposed by Section 100.040. In addition, any person violating the provisions of this Section shall be responsible for, and pay as incurred, any expenses of the City of California, Missouri, to rectify and correct the violation, or to prosecute or pursue in any court of law or administrative body the compliance with this Section, or any other person harmed or damaged by the violation of this Section.
[Ord. No. 11.102 §1, 11-4-1957]
A.
There
is hereby created a special fund in the City Treasury to be known
as "Perpetual Care Cemetery Fund". One-half (½) of the income
derived from the sale of lots in the City Cemetery shall be placed
to the credit of such fund and along with any other monies donated
for such purpose shall constitute the principal of such fund.
B.
Such
fund to be known as the "Perpetual Care Cemetery Fund", and may accept
and acquire by gift or donation, money or funds to be placed to the
credit of such perpetual care cemetery fund. Such City may also deposit
in such fund a portion of the income derived from the sale of lots
in such cemetery as shall be determined by ordinance of such City.
Such moneys and funds so placed in such Perpetual Care Cemetery Fund
shall be invested from time to time in bonds of the United States
government or of the State of Missouri, or may be placed in any bank
or savings and loan association which is authorized to do business
in this State so long as the funds so deposited are protected by federal
deposit insurance. The income therefrom shall be expended by such
City for the preservation, care, upkeep and adornment of such cemetery,
and for no other purpose whatsoever. The principal of said Perpetual
Care Cemetery Fund shall not be encroached upon for any purpose whatsoever
and no money shall be transferred out of such Perpetual Care Cemetery
Fund except for the purposes of being invested as provided for in
this Section. The Board of Aldermen shall by ordinance accept any
gift or donation to such fund, and shall by said ordinance direct
the Treasurer to place such money or funds to the credit of such Perpetual
Care Cemetery Fund. The Board of Aldermen shall have all the necessary
authority by ordinance to invest such funds as provided for in this
Section.
[1]
Cross Reference — As to the W. G. Jahn Cemetery Fund,
see ord. no. 11.103 which is on file in the city offices.
[Ord. No. 11.104 §§1 —
2, 3-2-1959; Ord. No.
2003-013 §§1 — 2, 7-8-2002]
A.
Owners
of lots who were previously restricted (under previous Subsection
(A) from Ord. No. 11.104) to the use of flat stones (i.e., not above
the natural ground level) shall be permitted to use grave markers
in a flat or upright position.
B.
Any
person, firm or corporation violating the terms of this Section shall
on conviction thereof be deemed guilty of a misdemeanor and punished
by a fine of not less than one dollar ($1.00) and not more than one
hundred dollars ($100.00). Each day that the violation continues shall
be considered a separate and distinct offense.
[Ord. No. 11.105 §§1 —
2, 6-1-1959]
A.
From
and after June 1, 1959, it shall be unlawful for any person, firm
or corporation to plant or cause to be planted any flower, tree or
shrub in the City Cemetery of the City of California.
B.
Any
person, firm, or corporation violating the provisions of this Section
shall upon conviction be punished by fine of not less than one dollar
($1.00) nor more than one hundred dollars ($100.00).
[Ord. No. 11.106 §2, 9-6-1966; Ord. No. 11.106A §1, 11-2-1992]
A.
The
sale price for all cemetery lots offered for sale and sold by the
City of California, Missouri, shall be the sum of one hundred fifty
dollars ($150.00) per lot, which sum shall be deemed to include a
one-time maintenance fee.
B.
The
size and location of cemetery lots shall be as designated on a plat
of the City Cemetery on file in the office of the City Clerk of the
City of California, Missouri.
[Ord. No. 11.109 §§1 —
5, 5-7-1979]
A.
No
person, association or corporation shall dig or cause any excavation
to be done in the City Cemetery without first obtaining a permit for
same.
B.
Any
person, association or corporation applying for an excavation permit
in the City Cemetery shall first satisfy the City Clerk that the excavation
will be for a lawful purpose.
C.
The
excavation permits that are issued by the City Clerk will be of two
(2) types: a one-time permit or an annual permit. The fee for a one-time
permit shall be fifty dollars ($50.00) and the fee for the annual
permit shall be two hundred dollars ($200.00).
D.
After
the applicant for the permit has made deposit of the appropriate fee
and has been issued a permit and has completed his/her excavation
in the cemetery, he/she shall be entitled to a refund of ninety percent
(90%) of the permit fee if the applicant has not damaged the cemetery
and has left it in substantially the same condition as it was prior
to his/her excavation. The annual permits shall be issued on a calendar
basis and the refundable portion shall be refunded during the last
week of December of each year.
E.
Any
person, association or corporation in violation of this Section by
not first obtaining a permit shall upon conviction thereof be fined
not less than twenty-five dollars ($25.00) but not more than two hundred
dollars ($200.00).
[Ord. No. 11.112 §§1 —
5, 9, 8-6-1984; Ord. No.
2003-018 §1, 8-5-2002; Ord. No. 11.121 §1, 1-4-2016]
A.
The needs and advantages, having been recognized by the Board of
Aldermen of the City of California, of requiring use of caskets and
outer casket burial receptacles for all burials in cemeteries owned,
operated or maintained by the City of California in order to preserve
the beauty of graveyards and lower maintenance costs by preventing
the settling and collapsing of graves, the City of California does
hereby require that all future burials conducted in the graveyards
owned, operated or maintained by the City of California utilize a
casket and an outer burial receptacle.
B.
All caskets utilized shall be made substantially of wood, metal,
fiberglass, plastic or a combination thereof and placed inside of
an outer casket burial receptacle.
C.
All outer casket burial receptacles shall be either the type commonly
known as a "concrete grave liner" or shall be of the type commonly
known as a "sealing vault" made substantially of concrete, metal or
fiberglass or a combination thereof.
D.
The top of the outer casket burial receptacle shall be buried under
at least eighteen (18) inches of well-packed earth or concrete.
E.
The director of the funeral and all persons engaged to fill the grave
shall be liable for any violation of this Section.
F.
Monuments shall be set on a precast pad; the pad shall be at least
three (3) inches larger than the monument front to back and five (5)
inches larger than the monument on the sides.
G.
Mausoleum construction and other aboveground structures on the lots
is permitted. However, prior written approval by the City is required.
The City reserves the right to insure such structure and its location
is in keeping with the overall appearance of the cemetery. The prevailing
lot rates at time of purchase do not apply to the purchase of a lot
for the purpose of erecting a mausoleum thereon.
H.
The City is not responsible for water entering a grave or collapse
of the sides.
[Ord. No. 11.101 §1, 12-6-1937]
There be and hereby is created and established a committee of
the Board of Aldermen of the City of California, Missouri, to be known
and designated as the "Cemetery Committee", the said Committee to
consist of three (3) members of the Board of Aldermen of said City
appointed by the Mayor and confirmed by the Board of Aldermen. Forthwith
after the passage and approval of this Ordinance the Mayor of said
City shall appoint, subject to confirmation as aforesaid, the members
of such Committee and those so appointed shall constitute and compose
such Committee until the first (1st) meeting of the said Board of
Aldermen after the regular City election in April, 1938. At the first
(1st) regular meeting of the Board of Aldermen after the April, 1938,
City election, the Mayor shall appoint the members of said Committee
to be confirmed as aforesaid, who shall constitute and compose such
Committee for the period ending at the first (1st) regular meeting
of the Board of Aldermen held after the next ensuing regular City
election; and annually thereafter, at the first (1st) regular meeting
of the Board of Aldermen held after the regular City election, such
Committee shall be appointed, the members so appointed to such Committee
each year to constitute and compose the Committee for the term ending
at the first (1st) regular meeting of the Board of Aldermen held after
the next ensuing regular City election.
[Ord. No. 11.101 §2, 12-6-1937]
The Cemetery Committee so created as aforesaid shall have the
care, management, supervision and control of the cemeteries now owned
and controlled by said City as well as any and all cemeteries hereafter
owned or controlled by said City.
[Ord. No. 11.101 §§3 —
4, 12-6-1937]
A.
Establishment. There be and hereby is established and created,
in the City Treasury of said City, a special fund and account which
shall be known and designated as "The Harriet Taylor Cemetery Fund".
The City Treasurer of said City shall keep such fund in the City Treasury
of said City in an account separate and apart from other funds of
the said City. All of the net income received by said City from the
hereinabove mentioned trustee, the Farmers and Merchants National
of Los Angeles, shall be placed in and credited in the City Treasury
to such "Harriet Taylor Cemetery Fund", and no other funds whatsoever
shall be paid into or credited to such special fund in the City Treasury.
Disbursements from said fund shall be made from the City Treasury
by the City Treasurer only upon warrants especially drawn on such
special fund and signed by the Mayor and City Clerk of said City.
Such warrants against such special fund shall be issued as hereinafter
provided.
B.
Duties Of Cemetery Committee.
1.
In addition to the other duties now and hereafter imposed upon said
Cemetery Committee, it shall be specifically the duty of such Committee
to receive all payments of income from said trustee and pay the same
over to the City Treasurer for deposit in said special fund, and for
all such payments to the City Treasurer and forthwith file one (1)
of the same with the City Clerk so that the City Treasurer may stand
charged with such funds, and the duplicate receipt shall be sent to
said trustee. Said Committee shall handle and supervise the disposition
of said fund and it shall be used only, solely and exclusively for
the maintenance and upkeep of the Burke Cemetery and the City Cemeteries
of said City, located in Moniteau County, Missouri, and all other
cemeteries which are now and may hereafter be owned or controlled
by said City, and for the perpetual care and maintenance of the Taylor
burial lot in said Burke Cemetery.
2.
Said Committee shall, at each regular meeting of the Board of Aldermen,
present to said Board its signed statement, which shall be spread
upon the records of said Board of Aldermen, of all expenses and liabilities
accruing since the last previous regular meeting of said Board of
Aldermen for the purposes specified in the next preceding paragraph
hereof, specifying the nature thereof; and thereupon warrants shall
be ordered drawn on The Harriet Taylor Cemetery Fund in the City Treasury
therefor; provided that any expense or liability made by said Committee
for the purposes aforesaid on an annual basis may be paid annually
instead of monthly.
3.
The members of the Cemetery Committee shall receive no compensation
in addition to their regular salaries as Aldermen for services rendered
in connection with the handling and supervising the disposition of
said fund for the uses and purposes aforesaid, and no part of their
regular salaries as Aldermen shall be paid from The Harriet Taylor
Cemetery Fund.
4.
The trustee shall be furnished yearly, commencing January 1, 1938,
by said City of California, Missouri, with a report attested by the
City Clerk of the City of California, Missouri, containing an itemized
statement of receipts and disbursements of said funds for the preceding
twelve (12) months' period.
[Ord. No. 11.101 §§5 —
6, 12-6-1937]
A.
The
City Clerk shall, upon the passage and approval hereof, transmit a
certified copy hereof to the aforesaid trustee. If, from time to time
hereafter, or at any time hereafter, this Article is in any particular
amended, the then City Clerk shall forthwith transmit a certified
copy of such amendment or amendments, if any, to such trustee.
B.
The
City Clerk shall as such Committee is appointed and confirmed each
time, forthwith transmit to said trustee a statement, under the Seal
of said City, stating the names and addresses of the members appointed
to such Committee and the term of each member thereof.
