City of Richmond, MO
Ray County
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Table of Contents
Table of Contents

Section 140.010 Established.

[Ord. No. 1595 §1, 11-27-1996]
There shall be a public cemetery to be known as the City of Richmond Memory Gardens Cemetery consisting of such lands as the Mayor and City Council shall from time to time provide.

Section 140.020 General Supervision.

[Ord. No. 1595 §2, 11-27-1996]
A. 
The Mayor of the City of Richmond shall appoint, with the advice and consent of a majority of the City Council, a Cemetery Board, who shall have special charge of the cemetery and its appurtenances and shall supervise and direct the Cemetery Director, with the assistance of the City Administrator, all cemetery work and the care and improvement of said cemetery.
1. 
The Mayor of the City of Richmond shall appoint with the advice and consent of the City Council three (3) people who are residents of the City of Richmond, Missouri, to act as trustees for the City of Richmond Perpetual Care Cemetery Fund, along with the City Administrator as an ex officio member. A minimum of one (1) member of the trustees shall be a City Council person at the time of his/her appointment as a trustee. The terms of office of the initial Board of Trustees shall be as follows:
a. 
One (1) member for a term of one (1) year.
b. 
One (1) member for a term of two (2) years.
c. 
One (1) member for a term of three (3) years and thereafter at the expiration of each term, each trustee shall hold office for a period of three (3) years or until his/her successor is appointed and qualified.
d. 
The City Administrator shall serve as ex officio member at the will of the Mayor.
2. 
It shall be the duty of the Board of Trustees of the City of Richmond Perpetual Care Fund to make the investments required by the terms and conditions of the ordinance and to pay over to the City of Richmond not less frequently than quarterly the income generated by the Perpetual Care Fund for the purposes established by this Chapter and no other purposes. An annual report of all expenditures and income together with all assets shall be made by the said Board of Trustees to the City of Richmond and all records shall be and remain the property of the City of Richmond, Missouri, and subject to the audit powers of the City of Richmond, Missouri.
3. 
The Board of Trustees file an election with the State of Missouri Division of Professional Registration and will notify the Division upon appropriate forms of the election of the City of Richmond to maintain an endowed and/or perpetual care cemetery. The City shall comply with all requirements of the Division as per the Revised Statutes of Missouri as currently exist and/or as they may hereafter be amended.

Section 140.030 Appointment, Removal, Qualifications of a Cemetery Director.

[Ord. No. 1595 §3, 11-27-1996]
There is hereby established the office of the City Cemetery Director, who shall be appointed by the Mayor with the consent and approval of a majority of the City Council, who shall serve until such time as his/her services are terminated by a majority vote of the City Council or until his/her successor is appointed. Said Director shall report to and be responsible to the City Administrator as outlined in Sections 103.090 and 103.100 of the Code of Ordinances of the City of Richmond; and shall be at least twenty-one (21) years of age at the time of his/her appointment, and shall hold such qualifications or experience as the Mayor and City Council deem necessary and proper to perform the obligations of operations of the City cemetery. Removal of said Director shall be in accordance with Section 115.050 of the Code of Ordinances of the City of Richmond, Missouri.

Section 140.040 General Duties of the Cemetery Director.

[Ord. No. 1595 §4, 11-27-1996]
The Director shall have general charge of the cemetery and its appurtenances, keep the same clear of all weeds, rubbish, tall grass and other such matters tending in any way to distract from the beauty of said cemetery. He/she shall dig or have dug under his/her supervision all graves to be prepared for burials in said cemetery; and shall fill or supervise the filling of all graves, keep the graves filled and do such other work as may be directed by the City Administrator or ordered by the Cemetery Board.

Section 140.050 Fees for Burial Service and Marker Placement.

[Ord. No. 1595 §5, 11-27-1996; Ord. No. 1612 §1, 5-14-1997; Ord. No. 1697 §1, 12-8-1999; Ord. No. 1730 §1, 10-11-2000; Ord. No. 1894, 11-12-2003; Ord. No. 2226, 9-27-2011; Ord. No. 2290 §I, 6-11-2013]
A. 
There are hereby established fees for burial services and marker placements within the City cemetery known as Richmond Memory Gardens.
1. 
Grave openings and closings.
a. 
Adults are required to have full-size caskets with appropriate vaults. Said grave openings are forty (40) inches wide by eight (8) feet and are dug to a depth of six (6) feet.
b. 
Children (less than an adult) are required to have grave openings of forty (40) inches wide by six (6) feet long and dug to a depth of six (6) feet.
c. 
Infants are required to have grave openings of forty (40) inches wide by the necessary length upon provided information and dug to a depth of six (6) feet. Infant burials shall not be allowed across the head of a burial space.
d. 
Cremation burials are required to have grave openings of twenty-four (24) inches square at a depth dug at six (6) feet. A concrete box or approved vault must be used.
e. 
There shall be allowed only one (1) person per burial space, regardless of age or size with the exception of cremation. There shall be allowed one (1) cremated burial and one (1) standard burial per burial space. There shall also be allowed two (2) cremated burials, per burial space.
f. 
Approved vaults shall be required on all burials within the cemetery known as Richmond Memory Gardens.
B. 
Opening/Closing Fees.
1. 
Standard: four hundred dollars ($400.00).
2. 
Cremation: two hundred seventy-five dollars ($275.00).
C. 
Marker Placement Fees. There shall be a marker placement fee charged in addition to grave opening/closing fees regardless of who the marker supplier shall be. The fee schedule for markers shall be as follows:
1. 
Double/companion markers: two hundred dollars ($200.00).
2. 
Single: one hundred fifty dollars ($150.00).
3. 
Veteran single: no charge. {If the veteran marker is a double/companion size so as to accommodate the non-veteran spouse, the placement fee will be the same as a single ($150)}
4. 
Temporary markers placed as a courtesy to the family by the funeral home will be removed six (6) months after the date of burial.

Section 140.060 Execution, Contents of Certificates of Sale.

[Ord. No. 1595 §6, 11-27-1996]
The Mayor and City Clerk shall act as agent of the City of Richmond in the sale and conveyance of all cemetery lots and burial spaces, which shall be conveyed by certificate of Quit-Claim Deed signed by the Mayor and countersigned by the City Clerk, with the Seal of the City affixed thereto, specifying that the purchaser to whom the same is issued is the owner of the burial spaces or lots described therein, which said lot or spaces shall be described by Section (garden), lot number and space number as laid down on the official map (plat) of said cemetery and its additions, all as per plat on file at the office of the Recorder of Deeds of Ray County, Missouri; recorded as Richmond Memory Gardens on or about June 28, 1956, together with other subsequent rules and filings of record. The purchaser of a burial space or lot in the City cemetery purchases only burial rights on that space; the City reserves control of all the cemetery property. Owners of burial spaces or lots shall abide by and be governed by the rules and regulations which are now in effect or which may be enacted in the future.

Section 140.070 Pricing of Burial Spaces.

[Ord. No. 1595 §7, 11-27-1996; Ord. No. 1827 §1, 4-29-2002]
The City Council of the City of Richmond, Missouri, hereby establishes the sale price of graves as follows:
One (1) burial space: $400.00.
Two (2) burial spaces: $750.00.
Three (3) burial spaces: $1,050.00.
Four (4) burial spaces: $1,300.00.
Four (4) burial spaces shall make up one (1) lot. Burial spaces shall be sold in reduced proportions to the amount of burial spaces purchased, up to twenty (20). Any burial spaces purchased over twenty (20) shall revert to the cost associated to the purchase of the first (1st) burial space. Burial space sale prices shall be reviewed by the Cemetery Board on an annual basis with recommendations for increases or decreases to be amended by ordinance duly passed by the majority of the elected members of the City Council and signed by the Mayor in the same and like fashion as all ordinances within the City of Richmond. By a majority vote of the Council members an adjusted price may be offered for specific dates.

Section 140.080 Establishment of Endowed Care/Perpetual Care Cemetery Fund.

[Ord. No. 1595 §8, 11-27-1996]
A. 
The City of Richmond hereby establishes a fund for the preservation, care, upkeep and adornment of such cemetery, such fund to be known as "The City of Richmond Perpetual Care Cemetery Fund", and the City of Richmond is hereby authorized and the officials are empowered to accept and acquire by gift or donation, money or funds to be placed to the credit of such Perpetual Care Cemetery Fund.
1. 
All proceeds received as a result of the court order of the Circuit Court of Ray County, Missouri, in Case CV390-226CC dated November 14, 1996, shall be placed in such City of Richmond Perpetual Care Cemetery Fund and shall be subject to the restrictions hereinafter imposed upon such fund.
2. 
The officers of the City of Richmond shall also deposit into such fund a portion of the income derived from the sale of burial spaces or lots in such cemetery at a rate of fifteen percent (15%) of total sale price of the burial spaces or lot(s) upon receiving the purchase price in full of said burial spaces or lot(s) in accordance with Chapter 214, RSMo.
B. 
All such monies and funds placed in the City of Richmond Perpetual Care Cemetery Fund shall be invested from time to time in bonds of the United States Government or of the State of Missouri or may be placed in any bank or savings and loan association which is authorized to do business in this State so long as the funds so deposited are protected by Federal Deposit Insurance. The income therefrom shall be payable over to the City and shall be expended by the City of Richmond for the preservation, upkeep, care and adornment of such cemetery, for the repurchasing of cemetery lots previously sold, and for no other purposes whatsoever. The principal of said Perpetual Care Cemetery Fund shall not be encroached upon for any purpose whatsoever and no money shall be transferred out of such Perpetual Care Cemetery Fund except for the purposes of being invested as provided in this Section and for repurchasing of cemetery lots previously sold.
C. 
The City Council hereby empowers the City Officers of the City of Richmond, Missouri, to accept gifts and donations to such fund and all such gifts or donations so accepted shall be placed into the City of Richmond Perpetual Care Cemetery Fund. Such additional funds and/or donations shall be invested as otherwise provided in this Chapter.

Section 140.090 Scope of Certificate of Quit-Claim Deed.

[Ord. No. 1595 §9, 11-27-1996]
A City cemetery burial space or lot shall be used for the purpose of interment for human remains only; and the certificate of sale shall vest in the purchaser, his/her assigns, a right of fee simple to such burial space lot, to be used for the purpose aforesaid, subject to the rules and regulations recommended by the Cemetery Board and appropriately approved by the City Council.

Section 140.100 Recording of Certificate.

[Ord. No. 1595 §10, 11-27-1996]
Certificates of sale (Quit-Claim Deed) of cemetery burial spaces or lots shall be entitled to be recorded in the office of the Recorder of Deeds of Ray County, Missouri, without further acknowledgement, and such description of burial spaces or lots shall be deemed and recognized as sufficient description thereof. The City Clerk of the City of Richmond upon receiving the full sale price of any and all burial spaces or lots shall cause a Quit-Claim Deed to be executed by the Mayor and shall see that all deeds are properly recorded in the office of the Recorder of Deeds of the County of Ray at an expense of actual cost of recording fees to be paid by the purchaser.

Section 140.110 Prerequisites to Issuance of Certificate and Digging of Grave.

[Ord. No. 1595 §11, 11-27-1996]
No certificate of sale (Quit-Claim Deed) of any burial space or lot in the City cemetery shall be delivered to any person until he/she shall have first paid the price of said burial spaces or lot. No grave shall be opened or burial made in the City cemetery unless proof of purchase and/or full payment made for said burial space or lot is first received.

Section 140.120 Record of Burials.

[Ord. No. 1595 §12, 11-27-1996]
A. 
The City Clerk shall keep a complete and accurate record of all burials made in the City cemetery. He/she shall provide a suitable book or books for that purpose at the expense of the City and shall record therein the name of every person whose body is buried in said cemetery, with the date of the burial of such person, and recording the exact location of burial of each person by section, lot number, and burial space number of the grave of such person. Such record shall be and remain a permanent record of all burials made in the cemetery and give accurate information of the exact location of burial of each and every body therein interred and shall be accessible by all members of the Board of Trustees during normal business hours.
B. 
The Board of Trustees shall be responsible for complying with any requirements of Section 214.320, RSMo., as herein exists or as hereafter may be amended. The City of Richmond officials shall ensure the compliance of the Board of Trustees by annual audit as part of the normal City audit at least on an annual basis.
C. 
In the event of the deposits into the Endowed/Perpetual Care Fund required by Chapter 214, RSMo., in general, and Sections 214.270 — 214.410, RSMo., in particular, are less than the total sum required to be set aside and deposited as such sections currently exist, or as may hereafter be amended by the State legislature, the City of Richmond shall correct such deficiency by depositing not less than twenty percent (20%) of the deficiency each year for five (5) years and shall file on such forms as may be provided by the Division of Professional Registration a statement outlining the date and the amount of the deposits made. All funds held in the cemetery's Endowed/Perpetual Care Fund shall continue to be used for endowed care of the cemetery. It shall be included in the duties of the Board of Trustees in their investment of the funds of the Endowed/Perpetual Care Fund to exercise due diligence and care and ordinary prudence, intelligence and discretion as an ordinary person would employ comparable with a view to the permanency of investment considerations including the probable safety of the capital investments, the production of income and depreciation of capital investments. The trustees' duties shall include maintaining the records of accounting and for investment of monies deposited by the City of Richmond into the Endowed/Perpetual Care Fund. It shall otherwise comply with the requirements of Section 214.330, RSMo., the same being incorporated by reference herein. The Board of Trustees shall further have the right to require the contribution to the Endowed/Perpetual Care Fund or to a separate memorial fund for each memorial or monument installed on a grave in the cemetery and the provisions of Section 214.335, RSMo., are hereby incorporated by reference herein.
D. 
Due to the unique nature of the receipt of Endowed/Perpetual Care Funds into the original deposits to the City of Richmond Perpetual Care Fund, and pursuant to court order from the Circuit Court of Ray County, Missouri, in case CV390-226CC, the City of Richmond shall be under the same conditions and have the same authority as would have existed had the former corporate entity, Richmond Memory Gardens, Inc., existed and still owned the real estate which was purchased by the City pursuant to a judicial sale under the authority of a constructive trust upon the real property of that now defunct corporation in said cause. The City of Richmond shall not have authority to use the Endowed/Perpetual Care Fund for any purposes except such as are authorized currently by Chapter 214, RSMo., the whole of which as may be applicable to the City is hereby incorporated by reference herein, as it currently exists or as it may hereafter be amended by the State legislature. The City of Richmond may apply to the Circuit Court relating to the use of principal of such funds; however, the fund is intended to be a Perpetual Care Fund and is restricted by the court's order to be and remain a segregated fund that the income only shall be available for use by the City of Richmond. The members of the Board of Trustees shall serve without compensation except by separate ordinance and in no event shall any funds from the Endowed/Perpetual Care Fund be used to provide for such compensation of the trustees as may be fixed.
E. 
It is the purpose of the Mayor and City Council of the City of Richmond in the adoption of this Chapter to provide for the perpetual care of the City of Richmond Memory Gardens Cemetery and to provide security to the residents of Richmond and to the families of the person who have already been interred upon the real estate recently purchased by the City of Richmond relating to such cemetery. The City Council hereby deems such purposes to be a general public purpose and further desires to provide for the security of the City of Richmond Endowed/Perpetual Care Fund and finds that the restrictions imposed by the ordinances are reasonable, necessary, and will serve the best interest and general welfare of all the citizens of the City of Richmond in particular, the welfare of all residents of the area together with the families of those interred at the cemetery in general.

Section 140.130 Burials to Be in Permanent Box.

[Ord. No. 1595 §13, 11-27-1996]
Hereinafter all burials made in the City cemetery shall be made in a metal or other approved permanent box. Vaults meeting industry guidelines may be used. Any vault or box not meeting industry standards shall only be used with the consent of the Cemetery Board. The vault size shall be determined by the size used of the casket, not to exceed the size of each burial space within the cemetery, which is forty (40) inches wide and nine (9) feet long, with a full lot size of one hundred sixty (160) inches wide with a length of nine (9) feet.

Section 140.140 Entry at Night Prohibited.

[Ord. No. 1595 §14, 11-27-1996]
It shall be unlawful for any person to enter upon the premises of the City cemetery between the hours of 10:00 P.M. and 6:00 A.M., unless such person shall first have obtained permission from the Cemetery Director, Mayor or a Cemetery Board member in writing prior to entering upon the property.

Section 140.150 Damaging — Defacing.

[Ord. No. 1595 §15, 11-27-1996]
It shall be unlawful to maliciously or purposely break, deface or destroy any grave, gravestone, memorial, shade tree, ornamental tree or shrub within the bounds of the City cemetery, or whoever shall break open or leave open any gate, or shall break down, burn or in any way destroy or damage any fence or property belonging or appertaining to the cemetery, shall be guilty of a violation of Section 215.360 of the Code of Ordinances of the City of Richmond, Missouri.

Section 140.160 Markers — Foundations Required.

[Ord. No. 1595 §16, 11-27-1996]
A. 
No stones, monuments or upright ornamentation, other than approved vases on flat markers, shall be allowed within the City cemetery. Only flat markers made of marble, bronze, granite or other pre-approved materials shall be used as permanent grave markers within the cemetery.
Foundations for flat markers shall be:
1. 
Either made of granite or concrete. Granite to be a minimum of three (3) inches thick concrete to be mixed one (1) part cement, two (2) parts sand, and three (3) parts rock, and shall be thoroughly mixed, and shall be a minimum of four (4) inches thick.
2. 
Either foundations used shall extend two (2) inches wider on all sides than the marker.
3. 
All foundations shall be so placed as to raise the marker to the existing ground level.
4. 
All foundations shall be the size of the full dimensions of the marker with the extension in Subparagraph (2) above on all sides.

Section 140.170 Installation of Foundations.

[Ord. No. 1595 §17, 11-27-1996]
On all graves, foundations shall be installed by monument people according to the City's specifications, or by the Cemetery Director upon special arrangements approved by the Cemetery Board.

Section 140.180 Location of Markers.

[Ord. No. 1595 §18, 11-27-1996]
A. 
No person shall place or cause to be placed in the City cemetery any grave marker at any place other than at the head or west end of the grave burial space.
B. 
All markers shall be placed on the actual west end line of the burial space.

Section 140.190 Encroachment on Streets, Passageways.

[Ord. No. 1595 §19, 11-27-1996]
It shall be unlawful for any lot owner or his/her agent to construct improvements or ornaments on lots or otherwise encroach on the streets or passageways.

Section 140.200 Elevation of Filled Lots.

[Ord. No. 1595 §20, 11-27-1996]
No lot shall be filled to a greater elevation than three (3) inches above the established or natural grade.

Section 140.210 Trees, Shrubs and Vines — Fences — Generally.

[Ord. No. 1595 §21, 11-27-1996]
It shall be unlawful to plant or grow trees of any kind, shrubs or vines on any grave lot in the cemetery. No fences or enclosures around cemetery burial spaces or lots shall be permitted.

Section 140.220 Right of City to Enter on Lot to Work.

[Ord. No. 1595 §22, 11-27-1996]
The City reserves the right to enter upon any cemetery lot and change the surface level thereof to conform with the surrounding ground and to do any such work considered to be for the betterment of the cemetery as a whole.

Section 140.230 Liability of City for Damages.

[Ord. No. 1595 §23, 11-27-1996]
The City shall take reasonable precautions to protect cemetery lot owners and the property rights of owners within the cemetery from loss or damage, but the City expressly shall not be liable for loss or damage beyond its control and particularly from damage caused by the elements, an act of God, common enemy, thief, vandal and the like, whether the damage is direct or consequential.

Section 140.240 Removal of Plantings, Jugs or Bric-A-Brac by City.

[Ord. No. 1595 §24, 11-27-1996; Ord. No. 1697 §2, 12-8-1999]
Any plantings, jugs or bric-a-brac including, but not limited to, freestanding wreaths, hanging baskets, grave blankets or items of any description placed on burial spaces or lots within the City cemetery may be removed by the City at any time. The City shall see that all flowers, plantings, and bric-a-brac are removed from the cemetery, so the Director may perfect a total cleanup on the following dates: March 15 and September 15. All grave blankets will be removed on or about February 1 of each year. Failure to comply with the posted directions for removal shall result in the City removing the objects of any description from the property.

Section 140.250 Liability for Delay — Protest — Correction of Errors.

[Ord. No. 1595 §25, 11-27-1996]
A. 
The City shall in no way be liable for any delay in the interment of a body in the City cemetery where a protest to the interment has been made or where the rules and regulations of this Chapter have not been complied with. The City shall be under no duty to recognize any protest of interment unless the protest is in writing and filed in the office of the City Administrator in a timely manner.
B. 
The City reserves and shall have the right to correct any errors that may be made by the City in making interments, disinterments or removals and in the description, transfer or conveyance of any interment property. Such errors may be corrected by canceling such conveyance and substituting and conveying such other property of equal value and similar location as far as is reasonably possible, or may be selected by the City, or in the sole discretion of the City by refunding the amount of money paid on account of the purchase. If such error shall involve the interment of the remains of any person in such property, the City reserves and shall have the right to remove and transfer such remains so interred to such other property of equal value and similar location as may be reasonably substituted and conveyed in lieu thereof.