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Home My WebLink AboutA001 - cover letter for ordinance and resolution city ofk_s AMES, Iowa 50010 (515) 232-6210 JOHN R. KLAUS City Attorney R. MICHAEL HAYES Ass It. City Attorney May 24 , 1977 Honorable Lee Fellinger , Mayor And Council Members of the City of Ames , Iowa In Re : Cemetery Rates , Administration Dear Mayor Fellinger and Council Members : As was previously discussed with the Council , there is little of substance in Chapter 9 of the Municipal Code other than the rate structure for the cemetery . Cemetery rates do not need to be established by ordinance . They may be set by resolution of the Council . What substance there is in chap- ter 9 is either obsolete or unnecessary . All the important policies and practices with respect to administration and operation of the cemeteries are set out in a little booklet available in the City Clerk ' s office , last published in 1970. The contents of this booklet are based upon resolution No. 1409 adopted on November 4 , 1935 • Since then that resolution has been purportedly amended from time to time by a succes- sion of motions . (Amending a resolution by motion is not cricket legally. ) See the attached report of the City Clerk in this regard. Certain inconsistencies and anachronisms have developed over the years with respect to the resolutions and motions establish- ing the cemetery administration practices . When this matter was first brought up it had been my intention to develop a new resolution setting out all of these practices and policies , but time was simply not available to do this . Also , I believe that such an exercise would be a waste of time . There is no reason why the City Manager can ' t supervise and administer the cemetery in a reasonable and prudent manner establishing competent policies and practices consistent with law the same as with other city operations . It is recognized , however , that these policies and practices should be published in some form readily available to interested members of the public . Combining Education and Industry with Hospitality -2- Therefore , you will find herewith an ordinance to repeal chapter 9 of the Municipal Code and a resolution setting a new price structure and reaffirming the City Manager ' s authority and responsibility under Chapter 2 of the Municipal Code to ad- minister the city cemeteries . This resolution also directs the City Manager to cause a statement of the policies and practices with respect to the cemeteries to be published from time to time in booklet form available upon request . Respectfully submitted, c, John R. Klaus City Attorney JRK/dls CITY or AMe OFFICE MEMORANDUM TO John Klaus, City Attorney DATE May 16, 1977 FROM Betty Paul, City Clerk SUBJECT Cemetery Regulations After reviewing the existing Rules and Regulations of the Ames Municipal Cemetery and Chapter 9 of the Municipal Code, the procedures as set out appear to be pretty much the procedure being carried out in the Clerk' s office, with a few exceptions. According to the rules, a copy of the cemetery sexton' s report is to be filed with the Clerk. All fees are collected by the Finance Office, the deeds, signed by the Mayor and Clerk, are being issued by the City Clerk. We do not receive a copy of the receipt issued to the purchaser when they pay for a lot. We assume that it has been paid for when we receive the sexton' s report from the Finance Office. There is a provision in the rules for partial payment to be made. It seems that it would be possible for a person to make a partial payment without our knowing it and we would then issue a deed before the lot were completely paid for. It would be clearer if either the Clerk collected the money and issued the deed or that the Finance office issue the deed after collecting the money. Other exceptions are as follows: Section 9-1002 (c) - No duplicate record of interment is filed with us by the Cemetery Superintendent. Section 9-1003 (e) - We do not receive a copy of the death certificate. Section 9-1004 - Purchase price is not collected by the Clerk. There have been numerous Ordinances, Resolutions and motions adopted over the years; some have been repealed and some have not. Resolution No. 1409, adopted 11/4/35, provided for Rules and Regulations. Ordinance No. 2190, adopted 7/25/67, provides that all payments be made at the Finance Office. A motion passed 9/19/67, adopting the present book of rules and regulation. The rules state on page 4 that lot sales will be made and deeds issued at the Finance Office. (I believe some of this was written at the time the Clerk' s office was divided into Clerk's and Finance offices. ) Since that time it appears that all ordinances adopted were for the purpose of revising fees : No. 2332, adopted 4/7/70 and No. 2479, adopted 5/28/74. A motion was passed 5/28/68 providing for refund 69 full purchase price of lots if there are at least two remaining spaces. Page 2 A motion was passed 3/21/72 prohibiting snowmobiles at any time in the cemetery and prohibiting horses and motorcycles except as part of a funeral procession or parade (page 10, Rules and Regulations) . I really have no strong feelings about repealing Chapter 9 of the Municipal Code but feel that the Resolution that is adopted to take its place should spell out the duties of the City Clerk, Finance Office, City Manager and Cemetery Superintendent so that everything is in order by the time it becomes a part of the permanent cemetery records. PROPOSED NEW CHARGES FOR AMES MUNICIPAL CEMETERY Schedule of Charges for Memorial Foundations Family monuments requiring concrete footings - 12t sq. in. (.06¢ or $8.50/sq. ft. ) Markers set on gravel base: 8"xl8" - 10"x20" _ $20.00 ($15.00 to $18.75) 12"x24" - - 12"x3O" _ $25.00 ($18. 75 to $22.50) 12"x36" $30.00 ($22.50) 12"x42" _ $35.00 ($25.00) 12"x48" _ $40.00 ($30.00) 12"x6O" _ $50.00 ($36.50) 14"x48" _ $47.00 ($34.50) 16"x48" _ $54.00 ($36.50) Schedule of Charges for Interments Ashes $25.00 ($20.00) Infant grave (not larger than 2'x4' ) $50.00 ($45. 00) Child grave (not larger than 2'x6' ) $100.00 ($75.00) Adult grave $140.00 ($120.00) Dis-interments Twice the charge for interments of a similar size Schedule of Charges for cemetery lots Evergreen, Mt. Olivet, Calvary, Garden of Memories, Forest Lawn, Oakwood, Graceland, and South Addition, Block 27. Size Lot Perpetual Care Total 4'x9' $90.00 R80.00� 72.00 $90.00 R80.00� 72.00 $180.00 ($144) 4'xlo' $100.00 $100.00 $200.00 ($160) 4'xll ' $110.00 ($88.00) $110.00 ($88.00) $220.00 ($176) 4'xl2' $120.00 ($96.00) $120.00 ($96.00) $240.00 ($192) 4'xl4' $140.00 ($112.00) $140.00 ($112.00) $280.00 ($224) South Addition, Block 22 Size Lot Perpetual Care Total Adult $25.00 ($15.00) $60.00 ($60.00) $85.00 ($75) South Addition, Block 23 and Calvary (Infants) Size Lot Perpetual Care Total Infant $40.00 ($25.00) $35.00 ($35.00) $75.00 ($60.00 Original or City Division Encumbered $80.00 ($60.00 Unencumbered $100.00 ($70.00 Ontario Division Lot Perpetual Care Total All Sections $75.00 ($40.00) $75. 00 ($60.00) $150.00 ($100.0 ($50.00) ($75.00) ($125.0 Figures in parenthesis ( ) are present charges. i H!•1LJ riuivl�lrru, l.�iRG lt.xi May 28, 1974 SCHEDULE OF CHARGES FOR MEMORIAL FOUNDATIONS Family monuments requiring concrete footings - $8.50/sq.ft. Markers set on gravel base: Minimum to B"x1B"-$15.00 12"x48"-$30.00 10"x20" to 12"x24"-$18.75 12"x60"-$36.50 1'2"x30" to 12"x36"-$22.50 141.x48"-$34.50 12"x42" -$25.00 16"x48"-$36.50 SCHEDULE OF CHAPGES FOR INTERMENTS Ashes Infant grave (not larger than 2'x4') $45.00 Child grave (not larger than 2'x6') $75.00 Adult grave $120.00 1i Dis-interments Twice the charge for interments of a similar size. SCHEDULE OF CHARGES FOR CEMETERY LOTS i Evergreen, Mt. Olivet, Calvary, Garden of Memories, Forest Lawn, Oakwood, Graceland, and South Addition, Block 27 Size Lot Perpetual Care Total 4Tx9x9' $ 72.00 0 $ 44.00 4'x10' $ 80.00 $ 80.00 $ 160.00 4'xll' $ 88.00 $ 88.00 $ 176.00 4'xl2' $ 96.00 $ 96.00 $ 192.00 4'xl4' $ 112.00 $ 112.00 $ 224.00 South Addition, Block 22 E Lot Perpetual Care Total = Adult $ IF.00 $ -7=0 South Addition, Block 23, and Calvary (Infants) Lot Perpetual Care Total Infant $ -2-51700 $ 35.00 $ rp.-O-T Original or City Division Encumbered Total$ 60.00 Unencumbered $ 70.00 Ontario Division Lot Perpetual Care Total Old Section $ T000 $ 6 6 :0g - $ 100 06 New Section $ 50.00 $ 75.00 $ 125.00 1