HomeMy WebLinkAbout100 - 09/05/2000 - AMENDING CITY CODE AND REPEALING CERTAIN RULES AND REGULATIONS RELATING TO THE ABANDONMENT OF BURIAL ORDINANCE NO. 100, 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, on March 5, 1996, the Council adopted Ordinance No. 20, 1996, updating the
Rules and Regulations Governing Grandview and Roselawn Cemeteries; 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,there are approximately 1,800 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 1,600 of these burial spaces were purchased prior to 1925; and
WHEREAS, Section 15.1 of the Rules and Regulations requires any amendments or
modifications to said regulations be adopted by ordinance of the City Council; 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 the addition
of a new section, to be numbered Section 23-158, which section shall read as follows:
Sec. 23-158. Abandoned burial spaces.
(a) The right of interment in any unoccupied burial space shall, upon
abandonment, revert to the city, as provided below.
(b) Failure to inter in any burial space within fifty (50) years from the date of
purchase shall create a presumption that the same has been abandoned. This
presumption shall not apply if the perpetual care fee as required by Section 10.3 of
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 if:
(1) the owner has been notified of the presumed abandonment in writing,
mailed to the owner's last known address, by the Cemetery
Supervisor,or in the event that the address of the owner and/or his or
her heirs cannot be ascertained,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 contacted the
Cemetery Office and paid the required perpetual care fee within sixty
(60)days after the date the notice of abandonment was mailed or after
final publication of such notice, whichever is applicable.
(d) Upon abandonment, the city may thereafter sell, transfer, and convey the
right to interment therein. The funds derived from any sale of an abandoned space
shall be deposited in, and become a part of, the Cemetery Fund.
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 15th day of
August, A.D. 2000, and to be presented for final passage on the 5th da f September, A.D. 2000.
Mayor
ATTEST:
. 140WL k. 1�u
City Clerk
Passed and adopted on final reading this 5th day of September, A.D. 2000.
M yor
ATTEST:
City Clerk