The tract of land situated on the northeasterly side of Stroudwater
Street, purchased by the Town of Westbrook from Jonathan M. Knapp
in September 1885, is hereby set apart and appropriated for the burial
of the dead, under the name of "Woodlawn Cemetery," and such lands
adjacent thereto as the town or City has or may acquire to extend
its limits shall be included in and subject to all the ordinances
or regulations made for the government and control of Woodlawn Cemetery.
The direct control and management of Woodlawn Cemetery and the
other municipally maintained burial grounds shall be vested in the
City Council, which may exercise this power through the Director of
Parks and Cemeteries, with the advice of the cemetery's Board of Trustees,
which shall have no authority other than granted by said Council or
the provisions of this article.
The first Board of Trustees of Woodlawn Cemetery shall be appointed
by the Mayor as soon as may be after the organization of the City
government for the ensuing year, one to hold office for one year,
one for two years, and the third for three years. Thereafter, the
Mayor shall appoint one trustee in place of the one whose term of
office expires, to hold such office for a term of three years, unless
sooner removed, and until his successor is appointed and qualified.
All vacancies in the Board by death, resignation or otherwise shall
be filled by the Mayor by appointment for the remainder of the term.
The Board of Trustees of Woodlawn Cemetery shall annually organize
by choosing a Chair to preside at its meetings and a secretary to
keep a record of the business of the Board and to conduct its correspondence,
both to be chosen from the members of the Board.
The Board of Trustees shall annually make out and present to
the Council a statement of the general condition and affairs of the
cemetery; such statement shall contain an estimate of all property
belonging to the City and under its charge, including lots made up
and not sold, land not made into lots, tools, etc.; such statement
shall be presented to the Council not later than the last day of January
annually.
The Parks and Cemeteries Director shall keep a record of all
burials made in the cemetery in a book to be kept by him for the benefit
of the cemetery; such record shall contain the name, age, residence
and nature of the disease of which such person died, and of the section,
number and name of the lot holder upon whose lot such burial is made.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No Trustee of the Board of Trustees shall be personally interested
in any contract for labor or materials used in the cemetery. A trustee
or superintendent who shall violate this section or who shall receive,
retain or appropriate to his own use funds of any description belonging
to the cemetery shall be subject to immediate removal from office
by the Mayor.
The Parks and Cemeteries Director shall cause the cemetery to
be laid out into lots with convenient paths and avenues, and he, together
with the Board of Trustees, shall recommend to the City Council the
appropriate price for the sale of such lots, said sums to include
the cost of perpetual care by the City.
Immediately upon the sale of a lot in the Woodlawn Cemetery,
the Parks and Cemeteries Director shall give a certificate to the
City Treasurer, setting forth the name of the person with the number
and section of the lot and the price.
Upon the full payment for a lot in Woodlawn Cemetery, the Treasurer
shall deliver to the buyer a certificate substantially as follows:
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CITY OF WESTBROOK
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Be it known that the City of Westbrook, in consideration of
__________ dollars, paid by __________ hereby gives and grants to
said __________ heirs and assigns forever, the right to occupy for
the purpose of burial, lot No. __________, section __________, in
Woodlawn Cemetery in said City, being the lot described in the plan
of the cemetery on file in the office of the City Treasurer. This
right is granted, and is to be held and enjoyed, subject to all such
general regulations as may be adopted by the City for the care and
management of the cemetery and the due observance of order therein,
and the same shall not be assigned or transferred without the consent
of the Parks and Cemeteries Director endorsed thereon.
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In witness whereof, this instrument is subscribed by its Treasurer
in behalf of said City, this day of __________ A.D.
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On selling or transferring lots to nonresidents of the City, the Parks and Cemeteries Director shall charge an additional fee over and above the cost to a resident of this City, as set forth in Chapter A400, Master Fee Schedule.
The price of all lots in Woodlawn Cemetery shall include perpetual
care of the same, "perpetual care" being the caring for the grass
and keeping the same in good condition and properly cut.
A.
All lots sold previous to May 20, 1896, shall receive perpetual care
as described in the preceding section upon payment to the City of
such price as shall be agreed upon by and between the City and the
owners of such lots or their heirs or legal representatives. The City
is authorized to fix upon any lot such price for any perpetual care
as in its judgment would be just and proper between the City and applicants
for the same.
B.
Upon the receipt of a certificate from the Parks and Cemeteries Director
setting forth the section, number and lot holder's name and residence,
together with the care agreed upon and price of same, the Treasurer
shall, upon the payment of the price agreed upon in the certificate,
issue to the party therein named a bond in the name and behalf of
the City to secure such perpetual care, the penal sum in such bond
to be double the price paid for such care.
The City Council may authorize the creation of such trust accounts
as are necessary for the purpose of the maintenance, care and improvement
of the Woodlawn Cemetery. All funds dedicated for the maintenance,
care and improvement of cemeteries shall be deposited in such trust
accounts. The funds authorized by this section shall be under the
care and custody of the Treasurer, and such portion of the same as
may not be needed for immediate use may be loaned to the City on interest.
The Treasurer shall keep a record in which shall be entered
all lots, agreeable to the plan of Woodlawn Cemetery, with their number
and section, and with columns ruled for the names of purchasers of
each lot, the price, date of sale and date of payment. He shall also
open a cemetery account in a book kept for that purpose, in which
shall be entered all monies received on account of the cemetery.
The City Treasurer shall, in his regular annual report, submit
a detailed statement of all receipts and expenditures for the past
year, as shown by such cemetery account required by the preceding
section.
It shall be the duty of the funeral director who shall remove
any body to Woodlawn Cemetery to present a municipal burial/transit
permit to the Parks and Cemeteries Director prior to the burial.
No interment in Woodlawn Cemetery shall be made without the
permission of the recorded holder of the lot, his successor or his
legal representative.
Burials are prohibited on any lot where the right of occupancy
is held by the City; however, the Parks and Cemeteries Director, upon
receipt of an executed sales contract, may allow such burials to be
made.
The Parks and Cemeteries Director is authorized to set apart
a plot of land in the cemetery to be kept in good condition for graves
for City residents who are unable to purchase standard-priced lots.
All grading of lots and the setting out and/or removal of trees,
shrubs or hedges in Woodlawn Cemetery shall be under the direction
of the Director. The cost of maintenance for shrubs, hedges and similar
plantings as allowed by the Director on individually owned lots shall
be the responsibility of the owner of such lots.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Whenever in the judgment of the Director of Parks and Cemeteries
any stone or monument shall need to be straightened, the owner of
such stone or monument shall be notified, and if the same is not attended
to within a reasonable time to be prescribed by the Director, the
Director may cause such work to be done at the expense of such owner.
No foundation for any stone, tablet or monument shall be laid
in Woodlawn Cemetery except by the City; provided, however, that the
City may authorize the construction of such foundation by other parties
if done under the supervision of the Director.
