HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/20/2000 - FIRST READING OF ORDINANCE NO. 79, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 24
DATE: June 20, 2000
FORT COLLINS CITY COUNCIL STAFF-
• Philip Carpenter
SUBJECT:
First Reading of Ordinance No.79,2000,Amending Article V,Section 23-156 of the City Code and
Repealing Certain Rules and Regulations Relating to the Abandonment of Burial Spaces at
Grandview and Roselawn Cemeteries.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This Ordinance will allow the cemeteries to reclaim approximately 1800 grave sites that have been
abandoned. These are grave sites in which no interment has occurred and no perpetual care fee has
been paid. Most of these graves sites were sold before 1926 and the owners have not contacted the
Cemetery to date.
BACKGROUND:
When Grandview Cemetery was established in 1887 the City did not collect perpetual care fees as
a condition of purchase or burial. The Cemetery has been maintaining approximately 1,800 graves
for the past 75 to 100 years. By adopting the Ordinance and changing the Rules and Regulations,
the Grandview Cemetery can resell these grave sites and require the perpetual care fee be paid. This
will extend the Cemetery's use for twenty(20)more years,as well as cover the cost of maintaining
the gravesites. At the present rate of sales,without the reclamation of these grave sites,the Cemetery
would be sold out of spaces in ten years. The Cemetery is almost sold out of side by side spaces,and
the largest share of the 1,800 spaces could be used for side by side burials. At today's prices, this
would generate revenues of$1,175,400. It would also increase the perpetual care fund by$520,200.
These spaces are needed to sustain Grandview Cemetery for the next 20 years.
ORDINANCE NO. 79, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE V, SECTION 23-156 OF THE CODE OF THE CITY OF
FORT COLLINS AND REPEALING CERTAIN RULES AND REGULATIONS
RELATING TO THE ABANDONMENT OF BURIAL SPACES AT
GRANDVIEW AND ROSELAWN CEMETERIES
WHEREAS, the City operates two cemeteries, Grandview Cemetery and Roselawn
Cemetery, as part of its Cultural, Library and Recreation Services(CLRS); and
WHEREAS, rules and regulations for the operation of these cemeteries were adopted by
Council in 1984; and
WHEREAS,on March 5, 1996,the Council adopted Ordinance 2A, 1996,updating the Rules
and Regulations Governing Grandview and Roselawn Cemeteries; and
WHEREAS,Section 23-156 of the City Code calls for Council to adopt rules and regulations
to govern the operation and maintenance of the City's cemeteries; and
WHEREAS,there are approximately 1800 burial spaces within Grandview Cemetery which
have had no activity and in which no perpetual fee care has been paid since those said burial spaces
. were purchased; and
WHEREAS, approximately 1600 of these burial spaces were purchased prior to 1925; and
WHEREAS, the provisions regarding abandonment of burial spaces contained within the
rules and regulations of the cemeteries do not adequately address the abandonment procedures for
burial spaces purchased prior to 1983; and
WHEREAS, the City desires to codify the regulations governing the abandonment and
reclamation of burial spaces within its municipal cemeteries,and to repeal the rules and regulations
presently in place with regard to this subject.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Code of the City of Fort Collins is hereby amended by adding a
section, to be numbered Section 23-158,which section reads as follows:
Se¢ Z $8 > Abantb►t ed bur al gates.
ab ttt`kto-t`al7
(b) Failure to inter'in any burral spaceitbw""fifty(5Q years from,th date of
ptgchase shall"beate a presnnfptron thaFhe same has.,beei ;abanddned ":Fhs
presumption shall not apply if the perpetus'card fee as required by Section-tp.1of
the rules and regulations has,-been paid and a statement has"been filed with the
Cemetery Office by the owner or the owner's heirs or assigns,evidencing an intent
to retain the specified burial spaces.
(c) A presumed abandonment shall be deemed complete tf
(1) the'ownerhasbeeonotifiedtti the presumedab_?'u n►ent iyvptirtg
mailed to ',the owner's last known address; 'by the 1,;Cemetery
Supervisor,or in the eventthat the addressof the owner and/or his or
her heirs cannot be ascertainpd.notice of such abandonment has been
given by publishing the same,in a local newspaper once a week for
five,(5)weeks,and
(2) neither the owner nor the owner's heirs or assigns have informed the
Cemeteryr Qffrce o€an mtertt T to•retam the1bdriQ:spaces}and has
failed to pay the required pefp�ttual care fee'Within sixty;(bQ) days
after the date the notice of abandonment was mailed or, aftgr final
publication of suelt nottce whichever is applieabl'e:
(d) Upotiabdonmenthe cityaR ersellrhe1 and .n . : fhe
fight Co mt.d## att erein finds d"r d tarty s `df en aban F#*e
shah bc.deptis#te r,and becmxae a parE,d ,th Cierneteryr,ftgd
Section 2. That Section 8.10(Abandoned Burial Spaces) of the Rules and Regulations
governing Grandview and Roselawn Cemeteries is hereby repealed.
Introduced, considered favorably on first reading, and ordered published this 20th day of
June,A.D. 2000, and to be presented for final passage on the 18th day of July, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of July, A.D. 2000.
Mayor
ATTEST:
City Clerk