[Ord. No. 3995 §1, 12-16-2013[1]]
Whereas a certain tract of ground now known as the "De Soto
Cemetery" was deeded to the trustees of the former Town of De Soto
and their successors in office, it is hereby directed that the Mayor
and Councilmen take possession of, care for and regulate and control
the use of such tract of ground and that it shall be known as the
"De Soto City Cemetery." Lot number thirteen (13) of the subdivision
of the Herold Place, as the same is of record in the office of the
Recorder of Deeds for the County, the same being a subdivision of
lot number two (2) of the northwest quarter of section two (2) and
the east half of lot numbers four (4) and five (5) of the northeast
quarter of section three (3), township thirty-nine (39) north of range
four (4), containing nine (9) acres and no hundredths of an acre,
shall be such cemetery more or less.
[1]
Editor's Note: Section 1 of this ordinance also repealed
former Ch. 155, City Cemeteries, as adopted and amended by Ord. No.
2074 §§1—5, 11-7-1966; Ord. No. 2316 §§1—3,
11-17-1969; Ord. No. 2611 §1, 11-7-1977; Ord. No. 2786, 9-16-1985;
Ord. No. 2823 §§1—2, 2-16-1987; Ord. No. 2911 §§1—3,
7-6-1988; Ord. No. 3232 §1, 9-18-1995; Ord. No. 3780 §1,
5-19-2008; Ord. No. 3988 §1, 9-16-2013.
[Ord. No. 3995 §1, 12-16-2013]
It shall be unlawful for any person to be in the City Cemetery
from sunset to sunrise. Violation of this Section is a misdemeanor.
[Ord. No. 3995 §1, 12-16-2013]
A.
The Cemetery Board shall not inter or permit the interment or other
disposition of a deceased in the City Cemetery unless it is accompanied
by a written order from those with interment rights or a recognized
representative showing the exact location of the space for the burial.
B.
The Board shall also keep a record of all interments made in the
cemetery, stating the name of the deceased person, the place of death,
the date of burial, if known, the name and address of the funeral
director who provided the memorial service or other final arrangements
for the deceased person, and the lot and portion of lot upon which
each body is buried. Such record shall at all times be open to public
inspection. He/she shall also promptly furnish the same information,
in writing, to the City Clerk who shall keep a like record thereof
in his/her office.
[Ord. No. 3995 §1, 12-16-2013; Ord. No. 4710, 2-16-2021; Ord. No. 4716, 4-19-2021]
A.
There is hereby established a City Cemetery Board. Such Board shall
have such membership, powers and duties as shall from time to time
be determined by the City Council.
B.
The City Cemetery Board heretofore established shall continue to
be composed of five (5) members, and its present members shall continue
to serve for the terms for which they were appointed by the City Council.
Members shall be appointed to staggered three-year (3) terms when
vacancies occur such that no more than two (2) members' terms shall
end in any single calendar year. The City Council will fill the unexpired
term of any member who does not complete his/her term. Any member
of the City Cemetery Board may be removed by a majority vote of the
Council, with or without cause.
C.
The Board is charged with the responsibility of preserving, caring
for, maintaining and adorning the City Cemetery.
[Ord. No. 3995 §1, 12-16-2013]
The City Cemetery Board is herein given specific authority to
lay out and improve all lots and roadway use in such cemetery. Such
authority will include the right to close and discontinue use of any
existing roadway.
[Ord. No. 3995 §1, 12-16-2013]
The Cemetery Board is hereby specifically empowered to sell
burial lots within such City Cemetery, which lots shall be four (4)
feet by eleven (11) feet, for a purchase price of four hundred dollars
($400.00). Twenty-five percent (25%) of the cemetery space sale price
shall be paid to the Perpetual Care Fund.
[Ord. No. 3995 §1, 12-16-2013]
A.
All lot owners shall be required to pay a burial fee of two hundred
dollars ($200.00) to the City Cemetery Board through and by the funeral
home intending to inter a body prior to such burial.
B.
There is hereby established a fund separate from the Perpetual Care
Fund known as the "City Cemetery Maintenance Fund." The purpose of
the Maintenance Fund is to receive and hold interest from the Perpetual
Care Fund, seventy five percent (75%) of cemetery space sales, burial
fees, and any other receipts or donations designated for the Maintenance
Fund. Funds held in the Maintenance Fund will be used to pay expenses
incurred for the preservation, care, upkeep, and adornment of the
City Cemetery by the City Cemetery Board Treasurer following approval
of said payment by the De Soto City Cemetery Board.
