HomeMy WebLinkAbout042 - 05/03/2005 - AMENDING THE RULES AND REGULATIONS GOVERNING GRANDVIEW AND ROSELAWN CEMETERIES TO ALLOW THE PLACEMEN ORDINANCE NO. 042, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE RULES AND REGULATIONS GOVERNING
GRANDVIEW AND ROSELAWN CEMETERIES TO ALLOW THE PLACEMENT OF
MONUMENTS ON BURIAL SPACES BY PERSONS OTHER THAN THE OWNER
WHEREAS,the City operates two cemeteries,Grandview Cemetery and Roselawn Cemetery
(the"Cemeteries") as part of its Cultural, Library and Recreational Services ("CLRS"); and
WHEREAS, rules and regulations for the operation of the Cemeteries were adopted by the
Council in 1983, and were most recently revised in 2004; and
WHEREAS, under the current Cemetery rules and regulations only the owner of a burial
space may order the placement of a monument or marker upon the space; and
WHEREAS, several people have recently asked Cemetery staff to allow them to place
monuments on the unmarked graves of relatives after trying without success to contact the owners
of the spaces in which their relatives are buried; and
WHEREAS, Cemetery staff and the City Attorney's office have discussed this issue and
concluded that it would be appropriate and in the best interests of the community to accommodate
these requests, provided that the Cemetery rules and regulations are amended to permit such
placement,and provided that the City is protected from liability for allowing a non-owner to place
a monument on a burial space; and
WHEREAS,staff recommends that the Cemetery rules and regulations be amended to allow
the placement of monuments on burial spaces by other than the record owner of the space.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Rules and Regulations Governing Grandview and Roselawn Cemeteries are
hereby amended as follows:
Section 1. That subparagraph 14.2.4 relating to Grandview Cemetery is hereby amended
to read as follows:
14.2.4 No person shall erect or place or cause to be erected or placed, on any
burial space(s) in the Cemetery, any memorial that has not been approved by
Cemetery Supervisor.
Section 2. That subparagraph 14.3.3 relating to Roselawn Cemetery is hereby amended
to read as follows:
14.3.3 No person shall erect or place or cause to be erected or placed, on any burial
space(s) in the Cemetery, any memorial that has not been approved by Cemetery
Supervisor.
Section 3. That a new subsection 14.8 shall be added to read as follows,and the existing
subsection 14.8 renumbered accordingly:
14.8 AUTHORITY TO PLACE MEMORIALS OR MONUMENTS
14.8.1 Only the Owner of a burial space may request that a memorial be
placed on such burial space, except that a relative of the person
interred in the space may request the placement of a memorial if there
is currently no memorial on the space, and the Owner of the space
cannot be located.
14.8.2 Before the Cemetery Supervisor may authorize placement of a
memorial by a person who is not the Owner of a space,the requesting
party must provide the Cemetery Supervisor with a notarized
application, on a form provided by the City, stating that the
requesting party:
(1) is related to the person interred in the space for which the
memorial is being requested by blood, adoption, or marriage, and
stating the nature of the relationship.
(2) understands that the Owner shall have the right to order the
removal of the memorial, such removal shall be at the requesting
party's expense, and the City shall have no liability related to such
removal.
(3) agrees to pay the City's costs for sending a notice by certified
mail with return receipt requested to the Owner at the Owner's last
known address(es).
(4) agrees to indemnify,defend,and hold the City harmless from and
against all claims, liabilities or causes of action whatsoever arising
out of the City's agreement to place a memorial on a burial space
without the consent of the Owner.
(5) understands that he or she must comply with all other applicable
cemetery rules and regulations.
Introduced, considered favorably on first reading, an rdered published this 19th day of
April, A.D. 2005, and to be presented for final passage o 3rd da of M=�L
i
64
ayor
ATTEST:
i
City Clerk
Passed and adopted on final reading this 3rd day of Ma , A.D. 2005.
Mayo
ATTEST:
City Clerk