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City of Grant, Nebraska

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Article 5 - Cemetery Board

Article 5 – Cemetery Board

SECTION 2-501:  CEMETERY; OPERATION AND FUNDING

SECTION 2-502:  MEMBERS

SECTION 2-503:  OFFICERS; MEETINGS

SECTION 2-504:  powers and DUTIES

SECTION 2-505:  city council; RULES AND REGULATIONS

SECTION 2-506:  CEMETERY; SEXTON

SECTION 2-507:  CEMETERY; CONVEYANCE OF LOTS

SECTION 2-508:  CEMETERY; FORFEITURE OF LOTS

SECTION 2-509:  CEMETERY; LOT TRANSFERS

SECTION 2-510:  CEMETERY; DESTRUCTION OF PROPERTY

SECTION 2-511:  CEMETERY; PERPETUAL CARE

SECTION 2-512:  CEMETERY; PENALTY; CIVIL ENFORCEMENT

 

 

 

 

SECTION 2-501:  CEMETERY; OPERATION AND FUNDING

    A. The city owns and manages the city cemetery through the Cemetery Board.  The City Council, for the purpose of defraying the cost of the care, management, maintenance, and beautification of the cemetery, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal prop­erty within the city that is subject to taxation.  The revenue from the said tax shall be known as the cemetery fund and shall include all gifts, grants, deeds of conveyance, be­quests, money, stocks, bonds, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the cemetery.  The cemetery fund shall at all times be in the custody of the city treasurer.  The board shall have the power and authority to hire and supervise such employees as it may deem necessary and to pass such rules and regulations for the operation of the cemetery as may be proper for its efficient operation.

 

    B. The City Council may receive money by donation, bequest, or otherwise for credit to a perpetual fund to be invested as provided by ordinance or as conditioned by the donor.  The income therefrom may be used for the general care, management, maintenance, improvement, beautifying, and welfare of the cemetery as the donor may designate.  The principal therefrom may be used for the general care, management, maintenance, improvement, beautifying, and welfare of the cemetery as the donor may designate so long as no more than 20% of the principal is so used in any fiscal year and no more than 40% of the principal is so used in any period of ten consecutive fiscal years.  The principal therefrom may also be used for the purchase and development of additional land to be used for cemetery purposes as the donor may designate so long as no more than 25% of the principal is so used in any fiscal year and no more than 35% of the principal is so used in any period of ten consecutive fiscal years.

 

    C. This section does not limit the use of any money that comes to the city by donation, bequest, or otherwise that is not designated to be credited to the perpetual fund or that allows greater use for purchase or development of additional land to be used for cemetery purposes.  (Neb. Rev. Stat. §§12-301 through 12-403) (Am. Ord. No. 09-08-02, 9/8/09)

 

SECTION 2-502:  MEMBERS

 

    There shall be no fewer than three nor more than six members on the Cemetery Board who are residents of the city, except that one member may reside outside of the city limits.  The members shall serve without compensation. Neither the mayor nor any member of the City Council shall be a member of the Cemetery Board.  At least one member shall be appointed for a term of one year, and at least one member shall be appointed for a term of two years.  Vacancies in the membership of the board, other than through the expiration of a term, shall be filled for the unexpired portion of the term by appointment of the mayor with approval of the council.  The members of the board may select such officers from among their own number as they may deem necessary and shall have the power to employ labor and assistants as they may deem necessary from persons not belonging to the board.  (Am. Ord. No. 09-08-01, 9/8/09)

 

SECTION 2-503:  OFFICERS; MEETINGS

 

    At the first meeting each year, the Cemetery Board shall organize by selecting from its membership a chairman and secretary.  No member of the board shall hold more than one board office.  The secretary shall prepare an agenda for all regular and spe­cial meetings and file it with the city clerk at least 24 hours in advance of the meeting, keep the full and correct minutes and records of all meetings and file the same with the city clerk, where they shall be available for public inspection during office hours.  A majority of the board members shall constitute a quorum for the purpose of doing business.  Special meetings may be held upon the call of the chairman or any three board members.

 

SECTION 2-504:  powers and DUTIES

 

    A. The Cemetery Board shall have the general care, management, and supervision of the city cemetery with the power and authority to limit and regulate the number of cemetery lots that may be owned by the same person; to prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots; and to prohibit any diverse or improper use thereof; provided, no religious tests shall be made as to the ownership of lots, the burial therein, and the ornamentation of graves.

 

    B. The board shall pass rules and regulations for the proper use of the cemetery and prescribe penalties and fines for violations thereof.  The board shall use all revenue received from the sale of lots, gifts, or by devise for the care, management, and administration of the cemetery.

 

 

    C. The board, with respect to part or all of one or more lots owned of record by the same person or persons, are empowered to:

 

        1. Review rules and regulations and advise the mayor and City Council as to the same;

 

        2. Change or improve the condition of any burial lot in the cemetery if such burial lot is overgrown with weeds or is otherwise so unsightly as to seriously disfigure the burial ground;

 

        3. Remove or repair any monument, curbing, marker or other property placed or located on any burial lot in a cemetery, except metal markers provided for war veterans as provided in Neb. Rev. Stat. §80-107, which has become so unsightly, dilapidated, or decayed as to disfigure the rest of the cemetery, if the owner(s) of record or their next of kin fail to do so within 30 days after notice is given as set forth in Neb. Rev. Stat. §12-802.  Metal markers provided for veterans’ graves may be moved on the grave for the purpose of permanent placement; and

 

        4. Comply with any and all rules and regulations as set forth by the city and the laws of the State of Nebraska.  (Neb. Rev. Stat. §§12-401, 12-403, 12-801, 12-804) (Am. Ord. Nos. 09-08-01, 9/8/09; 09-08-02, 9/8/09)

 

SECTION 2-505:  city council; RULES AND REGULATIONS

 

    The mayor and council, upon the advice of the Cemetery Board, are empowered to adopt such rules and regulations as may be deemed necessary with regard to the cemetery; limit the number of cemetery lots which shall be owned by the same person at the same time; prescribe rules for enclosing, adorning and erecting monuments and tombstones on cemetery lots; prohibit any diversion of the use of such lots and any improper adornment thereof (but no religious test shall be made as to the ownership of the lots, the burial therein, or the ornamentation of graves or of such lots); survey, plat, map, grade, fence, ornament and otherwise improve all burial and cemetery grounds and avenues leading thereto owned by the city; and construct walks and protect ornamental trees therein and provide for paying the expenses thereof.  (Neb. Rev. Stat. §§17-940, 17-942, 17-943) (Am. Ord. No. 09-08-02, 9/8/09)

 

SECTION 2-506:  CEMETERY; SEXTON

 

    The Cemetery Board shall have the authority to appoint a sexton, who shall perform such duties and make such reports as the board shall direct.  It shall be the duty of the sexton to locate and direct the applicant to the correct lot and to dig and excavate or cause the same to be dug and excavated in compliance with the rules and regulations of the board.  (Neb. Rev. Stat. §12-403)

 

SECTION 2-507:  CEMETERY; CONVEYANCE OF LOTS

 

    The mayor and City Council may convey cemetery lots by cer­tificate signed by the mayor and countersigned by the city clerk under the city seal, specifying that the person to whom the same is issued is the owner of the lot de­scribed therein by number for the purpose of interment.  The said certificate shall give a right in fee simple to the proprietor, his or her heirs and assigns.  The certificate shall then be recorded in the office of the register of deeds.  (Neb. Rev. Stat. §17-941) (Am. Ord. No. 09-08-02, 9/8/09)

 

SECTION 2-508:  CEMETERY; FORFEITURE OF LOTS

 

    A. If, for three consecutive years, all charges and liens are not paid by the holders of the lot certificates, the said cer­tificates shall be declared forfeited and subject to resale.  All cer­tificates sold shall contain a forfeiture clause to the effect that if no interment is made on the said lot and all liens paid, the cer­tificate and the rights under the same may, at the option of the City Council, be declared null and void and the lot shall be subject to resale.

 

    B. When any lot has been transferred by warranty deed or by a deed conveying a fee simple title but there has been no burial in any such lot or subdivi­sion thereof and no payment of annual assessments for a period of three years, the Cemetery Board, with the sanction of the City Council, may reclaim the unused portion of such lot or sub­division after notifying the record owner, his or her heirs or assigns, if known, by certified mail and publishing notice of its intention to do so.  Such notice shall be published once each week for four weeks in a newspaper of general circula­tion throughout the county in which the cemetery is located, shall describe the lot or subdivision pro­posed to be reclaimed, and shall be addressed to the person in whose name such portion stands of record or, if there is no owner of record, to all persons claiming any interest in such lot or subdivi­sion.  If no person appears to claim such lot or sub­division and pay all delinquent assessments with interest within 15 days after the last date of such publication, the Cemetery Board may by resolution reclaim such lot or subdivision.  Such re­clamation shall be complete upon a filing of a veri­fied copy of such resolution, together with proof of publication, in the office of the county register of deeds.  (Neb. Rev. Stat. §17-938) (Am. Ord. No. 09-08-02, 9/8/09)

 

SECTION 2-509:  CEMETERY; LOT TRANSFERS

 

    Any person who wishes to transfer a certificate may do so by surrendering the original certificate to the city clerk.  Charges for transfer of certificates and for perpetual care of burial spaces shall be set by the Cemetery Board.  Upon receipt of the application for transfer and payment of the transfer fee and perpetual care fee, the city clerk shall issue a new certificate.  (Neb. Rev. Stat. §17-946)

 

SECTION 2-510:  CEMETERY; DESTRUCTION OF PROPERTY

 

    Any person who shall willfully destroy, mutilate, deface, injure, or remove any tomb, monument, or gravestone placed in the cemetery or any fence, railing, or other work for the protection or ornamentation of the cemetery or who shall willfully destroy, cut, break or injure any tree, shrub, or plant shall be deemed to be guilty of an offense.  (Neb. Rev. Stat. §17-946)

 

SECTION 2-511:  CEMETERY; PERPETUAL CARE

 

    A. The mayor and City Council may set aside the proceeds of the sale of lots as a perpetual fund.  The fund shall be permanent in nature and as it accumulates shall be invested in such interest-bearing securities as are authorized by state law.  The income earned thereon shall be used solely for the purposes of perpetual care for the cemetery lots.  The principal of the perpetual fund may be used for the general care, management, maintenance, improvement, beautifying, and welfare of the cemetery so long as no more than 20% of the principal is so used in any fiscal year and no more than 40% of the principal is so used in any period of ten consecutive fiscal years.  The principal of the perpetual fund may also be used for the purchase and development of additional land to be used for cemetery purposes so long as no more than 25% of the principal is so used in any fiscal year and no more than 35% of the principal is so used in any period of ten consecutive fiscal years.

 

    B. Any lot owner who shall not have endowed his or her holdings with perpetual care prior to the purchase of his or her lot may do so by paying to the city clerk such sum of money as the Cemetery Board may in each case fix and determine.  Thereafter, the owner shall not be liable for the payment of an annual maintenance assessment.

 

    C. This section does not limit the use of any money that comes to the city by donation, bequest, or otherwise that is not designated to be credited to the perpetual fund or that allows greater use for purchase or development of additional land to be used for cemetery purposes.  (Neb. Rev. Stat. §12-402)

 

SECTION 2-512:  CEMETERY; PENALTY; CIVIL ENFORCEMENT

 

    Any person or persons violating cemetery rules and regulations shall be subject to a fine of $500.00.  In addition, the city may enforce cemetery rules and regulations by civil action and/or by any method(s) allowable by the laws of the State of Nebraska.  (Neb. Rev. Stat. §17-943) (Am. Ord. No. 09-08-02, 9/8/09)