HomeMy WebLinkAboutOrdinance No. O02-44ORDINANCE NO. 002-44
ORDINANCE AMENDING CHAPTER2.84 OF THE LAUREL MUNICIPAL CODE
RELATING TO CITY CEMETERY.
WHEREAS, changes have been recommended to bring the Laurel City Code into
compliance with state laws; and
WHEREAS, it is in the best interests of the residents of the City of Laurel to pass such an
ordinance;
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
Chapter 2.84 shall be amended as follows:
CITY CEMETERY
Sections:
2.84.010
2.84.020
2.84.030
2.84.040
2.84.050
2.84.060
2.84.070
2.84.080
2.84~110
2.84.120
2.84.130
Cemetery Commission-Appointment, composition and term.
Cemetery Commission-Powers and duties.
Meetings.
General Fund.
Capital Improvement Fund.
Donations.
Covenants to run with lots.
Conveyance of lots-Requirements.
Cemetery hours.
Violation-Penalty.
City not liable.
2.84.010 Cemetery commission-Appointment, composition and term.
There is created and provided an official body to be known as the Laurel cemetery
commission, wh/ch shall consist of seven members, who shall be residents of the city, it being
provided, however, that one member of the commission shall be the duly elected, qualified and
acting mayor of the city; the remaining six members shall be appointed by the mayor and confmned
by the council. Two members so appointed shall be duly elected, qualified and acting aldermen of
the city. The term of office of each member shall be two years or sooner, as specified in the
appointment and until his successor is appointed and qualified. Any vacancy shall be filled by
appointment for the unexpired term. (Prior code § 12.04.010)
2.84.020 Cemetery commission-Powers and duties.
The cemetery commission shall:
A. Meet within ten days after receiving notice of their appointment, and organize by the
election of a chairman and vice-chairman. The city clerk-treasurer or his or her designee shall be
secretary;
B. Control and manage all things pertaining to the city cemetery;
C. The commission shall adopt rules and regulations for the control and management of the
cemetery, which rules and regulations shall be established by resolution of the city council; and
which may be changed or amended from time to time by resolution of the city council as
recommended by the commission and as the council may deem appropriate. (Ord. 97-3 § 1, 1997;
Ord. 97-2 § 4, 1997; prior code § 12.04.020)
2.84.030 Meetings.
Four members of the cemetery commission shall constitute a quorum, empower-ed to
transact any business at any regular or special meeting. The cemetery commission shall meet at
least once each calendar quarter, and at such other times at the call of its officers or the request of
the mayor. (Prior code § 12.04.030)
2.84.040 General Fund.
A. Fifty percent of the proceeds received from all lot sales in the Laurel cemetery shall be
deposited to the General Fund, and shall be used for regular annual maintenance and care of the
cemetery.
2.84.050 Capital Improvement Fund.
A. There is created a fund to be known as the cemetery Capital Improvement Fund. The
fund shall remain intact except as provided below, and shall be invested for the purpose of acquiring
income for the improvement of the Laurel cemetery, and the uniform care of the lots under such
fund.
B. Fifty percent of the proceeds received from all lot sales in the Laurel cemetery shall be
deposited to the cemetery Capital Improvement Fund.
C. No part or portion of the cemetery Capital Improvement Fund shall be used for any
purpose other than for capital purchases or capital improvements to or for the benefit of the Laurel
cemetery.
2.84.060 Donations.
The city is authorized to accept from any source funds to be used for the perpetual care or
improvement of the cemetery, and if the donor of such funds does not otherwise direct, such funds
will be used in a manner to be decided by the commission. (Prior code § 12.04.060)
2.84.070 Covenants to mn with lots.
The covenants, rights, limitations and obligations set forth in the conveyance of lots in the
Laurel cemetery, together with the provisions of this code, are declared to be covenants running
with the land and shall be binding upon the owners of the lots conveyed and continue thereon to
present and all subsequent owners thereof. (Prior code § 12.04.070)
2.84.080 Conveyance of lots-Requirements.
A. The mayor and the city clerk-treasurer or kis or her designee shall execute on behalf of
the city, deeds of the city to lots or portions of lots located in the cemetery upon payment of the
purchase price. No deed shall be issued by the city until the full purchase price of the lot is paid.
B. The mayor and city clerk-treasurer or his or her designee shall have the power to execute
contracts for the sale of lots or portions of lots in the cemetery upon reasonable terms as directed by
the commission. (Ord. 97-2 § 4 (part), 1997; Prior code {}12.04.080)
2.84.110 Cemetery hours.
The Laurel municipal cemetery shall be closed to the public on each day from sunset to
seven a.m. No person shall enter or remain on cemetery grounds during hours of closure without
prior approval from the cemetery commission. (Prior code § 12.08.010)
2.84.120 Violation-Penalty.
Any person violating a provision of this chapter, or any of the duly approved and adopted
rules and regulations of the cemetery commission, for which another penalty has not been provided
shall, upon conviction thereof, be punished as set forth in Section 1.36.010. (Prior code §
12.08.020)
2.84.130 City not liable.
The city is not responsible or liable for any damage to monuments, markers; or plots caused
by or resulting from vandalism or accidents involving third persons. (Ord. 805, 1985)
This ordinance specifically repeals prior Ordinance No. 407.
This ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
November 19, 2002, by Alderman Meats
PASSED and ADOPTED by the Laurel City Council on second reading this 17th day of
December ,2002, upon motion of Alderman Oakes
APPROVED BY THE MAYOR this 17th dayof December ,2002.
ATTEST:
Mary K.~rnbleton, Clerk-Treasure-F'
APPROVED AS TO FORM:
'"-lQ!att~so~, ~ity Attorney