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Show Legal CEMETERY ORDINANCE No. 62 AN ORDINANCE REPEALING RE-PEALING TITLE 5 OF REVISED RE-VISED ORDINANCES OF OREM CITY, UTAH 1959, AND ALL ORDINANCES RELATIVE TO THE CEMETERY CEME-TERY OF OREM CITY; PROVIDING DEFINITIONS OF TERMS; CREATING THE OFFICE OF CITY SEXTON; FIXING RESPONSIBILITIES RE-SPONSIBILITIES AND DUTIES of the CITY SEXTON, SEX-TON, the CITY TREASURER, TREASUR-ER, and OWNERS of BURIAL BUR-IAL SPACES and LOTS RELATIVE RE-LATIVE TO THE CITY CEMETERY; P ROVIDING "FOR ADOPTION OF RULES AND REGULATIONS REGULAT-IONS FOR MAINTENANCE AND CARE BY RESOLUTION RESOLU-TION OF OREM CITY COUNCIL; AND HEREIN ESTABLISHING R U LES AND REGULATIONS FOR THE MAINTENANCE, CARE AND OPERATION OF OREM CITY CEMETERY; CEME-TERY; PROVIDING FOR DETERMINATIONS OF PRICES AND FEES FOR BURIAL SPACES AND LOTS BY RESOLUTION OF OREM CITY COUNCIL; ESTABLISHMENT OF PERPETUAL PER-PETUAL CARE TRUST FUND AND THE ADMINISTRATION ADMIN-ISTRATION THE REOF; AND PROVIDING PENALTIES PENAL-TIES FOR THE VIOLATION VIOLAT-ION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF OREM CITY, UTAH: SECTION 1. REPEAL OF EARLIER ORDINANCES. Title 5 of Revised Ordinances of Orem City, Utah, 1959, and all ordinances of Orem City relative to Orem City Cemetery Ceme-tery are hereby repealed, but nothing in this repeal shall void any rights already accrued ac-crued or vested. SECTION 2. DEFINITIONS SECTION 2a. CITY. The term "City" as hereinafter used us-ed in this ordinance shall mean Orem City, Utah, whether whet-her or not so designated. SECTION 2b. COUNCIL OR CITY COUNCIL. The terms "Council" or "City Council" shall mean the City Council of Orem City, Utah. SECTION 2c. PERSON. The term "Person" shall mean individual, in-dividual, group, partnership, firm, corporation or association. associa-tion. SECTION 2d. SEXTON. The term "Sexton" shall mean the appointed keeper of the Cemetery Ceme-tery as appointed by the City Manager with the advice and consent of the City Council, and whose duties are described describ-ed within this ordinance. SECTION 2e. CEMETERY. The term "Cemetery" sharll mean any Cemetery owned and or maintained by the City for the purpose of receiving the remains of deceased humans. hu-mans. SECTION 2f. LOT OR GRAVE OWNER OR PURCHASER. PUR-CHASER. The terms "Lot Owner" or "Purchaser' and "Grave Owner" or "Purchaser" "Purchas-er" are intended to mean and shall be construed to mean the owner or purchaser of burial rights, the owner or purchaser ct a burial privilege, or the collateral right of use of any burial lot. evidenced by a Deed for Lot or by proved and recognized descent or devise from the original owner. SECTION 2g. WORDS. Sin file words shall include the Plural and masculine words shall include the feminine and neuter. SECTION 2h. LOT. The term "Lot" shall include partial part-ial lots or sinele craves in cemeteries covered herein. SECTION 3. NAME. The burial ground of Orem City, Utah shall be known and de signated by the name of Orem City Cemetery. SECTION 4. CEMETERIES COVERED. All c e meteries owned andor maintained by the City, or which may here is True Old-Style Kentucky i Bourbon KENTUCKY STRAIGHT BOURBON WHISKY 86 PROOF EARLY TIMES DISTILLERY COMPANY LOUISVILLE, KENTUCKY Notice after be acquired by the City, whereever situated, are hereby here-by declared subject to the provisions pro-visions of this ordinance. SECTION 5. RELIGIOUS AND FRATERNAL PREFER ENCES. The City Council may contract with religious and fraternal organizations to designate de-signate a reasonable portion of any Cemetery in which burials bur-ials may bn restricted to the members of such religious and fraternal organizations and their families. SECTION 6. INTERMENTS PROHIBITED. There shall be no interment of anything other than the remains of human bodies in City Cemetery and no interment of any deceased human shall be made in any other place than within cemeteries ceme-teries devoted to that purpose. SECTION 7. VAULTS REQUIRED. RE-QUIRED. It shall be unlawful for any person to be buried In the Orem City Cemetery unless un-less the casket be placed in a concrete, steel or brick lined vault substantially constructed construct-ed and covered with a sub stantial concrete or steel top or lid. No wood shall be used in the construction of any part of any vault. SECTION 8. SALE SUBJECT SUB-JECT TO RULES. Every lot or single grave sold is subject sub-ject to the rules and regulations regula-tions that may be hereafter adopted and to such changes of the present rules as are found necessary for the protection pro-tection of lot owners and the remains of the dead. SECTION 9. CARE RESERVED. RE-SERVED. The City reserves the right to enter upon any grave and to perform all work necessary for the care and up keep of ail lois ana graves in said cemeteries. SECTION 10. ORDERS AND RESPONSIBILITIES. Under no circumstances will the City assume responsibility for er rors In opening graves when orders are given by telephone. SECTION 11. TRAFFIC ORDINANCES. The Provis ions of the City Traffic Ordin ances relative to the operation of vehicles and conduct of pedestrians shall be in effect in the City Cemetery, except as herein otherwise modified by the ordinance. SECTION 12. PERMIT RE QUIRED. No interment or disinterment dis-interment shall be permitted without a permit as required by law. SECTION 13. CHILDREN. Children under the age of twelve years shall not be allowed al-lowed in cemeteries unless ac companied by their parents or other adults, except for the purpose of attending authorized funerals or in the - i - company of aauits placing flowers on the grave of a deceased de-ceased relative or friend or performing any other customary cus-tomary evidence of respect in accordance with their religious relig-ious principals. SECTION 14. ANIMALS PROHIBITED. No animals shall be allowed in any cemetery ceme-tery except in the confines of a vehicle and must at all times be retained within the confines of said vehicle while the vehicle remains in the cemetery. SECTION 15. DECORUM. Cemetery ground being sacredly devoted to the interment inter-ment and repose of the dead, strict observance of decorum due such a place shall be re- auired of all persons. SECTION 16. REGISTRATION REGISTRAT-ION OF BURIALS. The City Treasurer of Orem City, Utah, shall be the registar of burials for Orem City, and before burying any dead in any City nvmoH cemetery within the coroorate limits of said City, or before disinterring for transportation beyond the corporate cor-porate limits of said City, the body of any person who has been buried therein, the re latives or other persons having charge of said body shall be required to furnish in writing to said Treasurer, a statement If.nhiflrtr 4. Straight Bourbon Whisky kss wff ran mum a zombi Crroc iho Wkliky mm of said death, which shall be recorded in a record kept for that purpose by said Treasurer. Treasur-er. Such statement as well as the record shall include the name of the person deceased, when and where born, if known, the date of death and the cause thereof together with the name of the attending attend-ing physician, if any, coroner or mid-wife, also the date of burial as well as the name or the cemetery, with the initial letter of the plat as well as the number of the block or lot where said person is buried, and the place of destination if desinterred and transferred beyond the limits of the Orem City Cemetery. SECTION 17. OFFICE OF SEXTON. There " is hereby created the office of city sexton sex-ton which office shall be filled fill-ed by appointment of the City Manager with the advice and consent of the City Council. SECTION 18. CEMETERY S U PERINTENDENCE. The City Sexton under the direction direc-tion of the City Manager shall have entire control and superintendence super-intendence of the City Cemetery Ceme-tery and shall perform such other duties in relation to cemeteries as may be hereafter provided by the laws of the State of Utah or by ordinance, order or resolution of the City Council or by the City Manager. Man-ager. SECTION 19. ADDITIONAL DUTIES. The Sexton shall keep in proper repair the enclosure en-closure around the said cemetery ceme-tery and prevent its being entered en-tered by animals, and so far as practicable prevent the destruction de-struction or defacing of any tablet or marker placed or erected therein. He shall have charge of a duplicate plat of the cemetery and shall, at the request of any person wishing wish-ing to purchase any of the lots or parts of lots, point out any of the lots or parts of lots unoccupied un-occupied and for sale; and upon up-on the disposal of any lots, or part thereof shall notify the City Treasurer of the fact, whose duty it shall be to draw a deed, after payment of the lot price has been received in the City Treasury, which deed shall be presented to the May or for execution. Whenever title to purchased lots reverts to the City, the original deeds shall be filed with the City Treasurer, and before new deeds are issued covering said property, the original deed shall be cancelled cancell-ed or quit claim deed given and the record so changed. SECTION 20. OPENINGS OF GRAVES; ADDITIONAL DUTIES. The Sexton shall open without delay any graves in said cemetery upon application applic-ation to him being made by the City Treasurer or by any person having the right to make such application. The Sexton shall superlnted every interment and shall fill up and neatly trim the grave im mediately after depositing the coffin and shall fill up and trim all graves that have set tied or may hereafter settle; he shall register the names, ages, parentage and place of birth, if known, of all persons entered therein, the place of their interment, the cause of death, the name of attending physician or nurse. It shall be the duty of the City Sexton to perform those duties required by law and this ordinance, and to remove floral pieces or displays left on any crave as he deems it necessary to the appearance of the cemetery, but such floral pieces or displays shall not be removed sooner than five (oj days after original placement except in emergency. SECTION 21. ENFORCE MENT OF RULES; ADDITIONAL ADDIT-IONAL DUTIES. It shall be the duty of the City Sexton to see that the owners of lots within the cemetery obey all orders, rules and regulations made by the City Council in regard to the care of said lots and in regard to the erection of fences or other obstructions and to enforce all other regu lations herein provided; he shall keep the streets, alleys, walks and avenues in said cemetery in good order and unobstructed, so that every access can be had to any lot; he shall cause a suitable marker to be erected or placed firmly set upon the Northwest corner of each block with the number of the block inscribed thereon and he shall inform the owner of any lot or relatives rela-tives of deceased persons buried bur-ied In any lot of the requirement require-ment to place or cause to be placed a suitable marker with the name of the deceased plainly Inscribed thereon upon up-on the grave of every person interred within 30 days after such interment. Such marker is to be placed , under the di rection and supervision of the City Sexton and In the manner man-ner provided in this ordinance, and if any such person neglects neg-lects to comply with this requirement re-quirement it shall be done by the Sexton at the expense of the person owning or burying in such lot. SECTION 22. ADDITIONAL REGULATIONS. The City Sexton is hereby authorized, with the approval of the City Manager, to make and enforce such other reasonable rules and regula lions for the proper care and protection of the Cemetery not in conflict with the provisions of this ordinance. ordin-ance. SECTION 23. P R I VATE ADDITIONS TO CSMETERY GROUNDS. It shall be unlawful unlaw-ful for any person to erect or maintain any fence, corner post, coping, hedge or boundary bound-ary of any kind upon any lot or lots, streets, alley or walk in said cemetery, or grade the ground or land thereof. The Sexton shall whenever required re-quired furnish the true lines of any lots according to official of-ficial survey, and shall prevent pre-vent and prohibit any marking mark-ing of the same save and except ex-cept by official landmarks, and shall prevent and prohibit any grading thereof that might destroy or interfere with the general slope of the land. It shall be unlawful for any person per-son to plant any shrubs, trees lawns, etc., or place any mon uments or markers upon any lot or lots in said cemetery, without a written permit first had and obtained from the city Sexton, and unless the same is done under the direction direc-tion and supervision of the City Sexton. SECTION 24. PLACEMENT OF MARKERS. It shall be unlawful un-lawful for any person to erect or place or cause to be placed any marker or markers on any lot in said cemetery unless the same is placed on a good con crete foundation six inches deep or deeper, and such marker shall be placed or erected under the supervision of the City Sexton; and all such markers so placed in said cemetery must also be placed flush with the lawn in those areas provided for flush mon uments as directed by the City Sexton as such areas are chosen by the Sexton with the advice of the City Council. The markers must be securely set in a cement foundation and with a cement lawn strip not less than six inches wide around such marker. There shall be no other monuments or other structures placed up on any lot or lots, except as provided in Section 24. SECTION ' 25. RAISED MARKERS. In those areas re served for raised markers, such markers may be placed under the same conditions a3 are required for flush markers mark-ers except that the foundation for raised markers shall bs eight inches deep or deeper Raised markers shall not ex ceed t hirty-six 1 n ches in height above the lawn. SECTION 26. BURIALS TO BE IN CEMETERIES. It shall be unlawful to bury the body of any person within the limits of Orem City, except in public or private cemeteries located therein, unless by special per mission of the Orem City Council, under such rules and regulations as may be pre scribed therefore. SECTION 27. RESTRICT ION OF RESALE. After the date upon which this ordin ance becomes effective, no person who shall subsequently purchase any grave or lot within the city cemetery shall sell such site or lot to any buver except the City of Orem. The City of Orem hereby here-by agrees to buy back any Orem City Cemetery grave lot which it may hereafter sell, The current price of such graves or lots at the time the sale is made to the City shall be the price which the City of Orem shall pay for any such grave or lot resold to the City except that in no event shall the price paid by the City be less than the price originally paid by the pur chaser. SECTION 28. RULES AND REGULATIONS BOOKLET, The City Manager, may from time to time, as the City Council Coun-cil deems necessary, direct the publishing of a booklet of rules and regulations for the convenience of purchasers or craves and lots in the Orem City Cemetery. Such rules ana regulations shall form a part of this ordinance after they have been adopted as official by resolution of the City Council. Any change in said rules and regulations shall be adooted by the Council be fore such change shall be of ficial. SECTION 29. FEES SET BY RESOLUTION. No lot shall be sold in the City Cemetery without nrovidinir with re spect thereto perpetual main tenance by the City. Lots in the City Cemetery Including perpetual maintenance shall be sold for prices and or fees to be determined by the City Council by resolution as , it from time to time seems rea sonable and proper for that body to do so. SECTION 30. COLLECTION OF FEES. The City Treasurer is hereby authorized and required re-quired to collect in advance prices and or fees for the opening and closing of graves which shall include properly restoring and trimming such graves; for disinterring bodies and properly restoring the earth and grounds; for recording re-cording each burial, disinterment disinter-ment or removal; for raised monument privileges; and other services rendered as determined de-termined by the City Council by resolution as it from time to time seems reasonable and proper for that body to do so. SECTION 31. FUND ESTABLISHED, DEPOSITS TO. There is hereby established establish-ed a Perpetual Care Trust fund into which shall be deposited all trust funds previously established for care of ceme teries and that portion of the sale price designed for perpet ual care of the City Cemetery or parts thereof, together with any other gifts, grants, devises, or bequests made for the pur pose of assisting In the maintenance main-tenance of cemeteries. SECTION 32. TREASUR ER'S DUTIES. It shall be the duty of the City Treasurer to keep an accurate record of the Perpetual Care Trust Fund ac count, including investments and to see that the principal portion thereof is properly invested in-vested in accordance with re solutions of the Council and to advise the City Manager when funds are available for investment in the amount of $1,000.00 or more. The City Manager shall advise the City Council of such availibility of funds. SECTION 33. COUNCIL'S DUTIES. It shall be the duty of the Council when funds are available for investment to direct by resolution all pur chases of securities for the Perpetual Care Trust Fund rOr to name a suitable trustee for such investment. SECTION 34. INCOME. All income from investments held in the Perpetual Care Trust Fund shall quarterly be credited cred-ited to the Cemetery Mainten ance Fund for use in providing provid-ing the perpetual care as re quired therein. SECTION 35. SALES WITH OUT PERPETUAL CARE PROHIBITED. The rates established by resolution for lots or fractions thereof, shall include perpetual care and no sales shall be made hereafter without providing perpetual care. SECTION 36. CARE IN CLUDED. The essential perpetual per-petual care that the City agrees to give shall consist of care of the Cemetery gener ally, and shall include, but is not limited to mowing of all lots and graves at reasonable intervals, also resodding, seeding seed-ing and filling in sunken graves, sodding of the surface of the graves to the lot level, removing dead flowers and trimming trees and shrubbery when necessary, raking and cleaning the lots and straightening straight-ening of tilting stones or markers, mar-kers, but shall not include re pair or replacement of markers mark-ers or memorial structures of any nature, except when the need for repair or replacement u directly caused by Orem City. SECTION 37. BURIAL OP INDIGENTS. The City Coun cil with the advice of the City Manager may designate a portion of the City Cemetery Cnbgrass Control with Fully Balanced Fertilizer Headquarters For Garden Supplies Garden Seeds Garden Tools Poltel Plants Peat Moss ROIIDOCIt'S sons FLOM 1042 So. State, Orem Ph. 225-3100 pan to the burial of indigents. Whenever it is made to appear to the City Manager by proof submitted to him by the Treasurer Trea-surer that any person who has died does not have an estate sufficient to pay the purchase price of a lot in the City Cemetery, and the nearest near-est relative or represntative of such deceased person desires to have the body of such deceased de-ceased interred in said cemetery, ceme-tery, the City Manager may grant burial space for such deceased de-ceased person at the request made to him by the Treasurer. The City Manager shall communicate com-municate his decision to both the Treasurer and Sexton. The City Manager shall give report re-port his decision, whether affirmative af-firmative or negative, to the City Council at their next regular reg-ular meeting. All Strangers without funds or other per sons who may die in the City may be accorded the privilege herein granted. SECTION 38. INTENT. The intent of the framers of this ordinance is that the titles shown at the beginning of any section or subsection of this ordinance shall not be deemed to construe the meaning or content of such a section or subsection or any other sec tion or subsection, but are provided solely for the facility and convenience of locating information within the ordin ance. SECTION 39. INVALIDITY. If any part of this ordinance shall be held invalid, such decision de-cision shall not ' affect the validity of the remainder of the ordinance. SECTION 40. CONFLICT OF LAW. All ordinances or parts of ordinances in conflict with this title are hereby repealed. re-pealed. SECTION 41. PENALTIES. Any person violating any provision pro-vision of this title shall be guilty of a misdemeanor ' and unless a different penalty shall be provided for such violation by this ordinance such violation viola-tion shall be punished by a fine in any sum not exceeding $299.00, or by imprisonment for any period not exceeding 30 days, or by both fine and imprisonment. FECTTON 42. EMERGENCY EXISTS. An emergency exist ing, and it being deemed necessary by the City Council Coun-cil of Orem City, in the in terest of the immediate pre servation of the peace, healtti, safety, and welfare of Orem City and its inhabitants, tnat this ordinance shall take effect ef-fect immediately upon its oassaee and publication, It is, therefore, hereby ordered that this ordinance shall take enect immediately upon its passage and publication. SECTION 43. PUBLICAT ION. It is hereby ordered and provided that this ordinance shall be published once in the Orem-Geneva Times, a news paper published within Orem Citv. Utah County, utan. (PASSED BY THE CITY COUNCIL OF OREM CITY rvNT THE 30th DAY OF MARCH, A. D., 1354. ATTEST: ANNE COOPER City Recorder . APPROVED BY: G. MILTON JAMESON Mayor Councilmen Voting AYE Earl Wengreen E. Dixon Larson Harley M. Gillman Lowell D. Thomson -r """''" Orem - Geneva Times -- James M. Paramore Councilmen Voting NAY: NONE STATE OF UTAH ) ...... "SS COUNTY OF UTAH 4 ) I, Anne Cooper, the duly chosen, qualified and acting City Recorder of Orem City, do hereby certify , that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of Orem City, . this 30th day of March A. D. 1964, entitled: AN ORDINANCE REPEALING RE-PEALING TITLE 5 OF REVISED RE-VISED ORDINANCES OF OREM CITY, UTAH 1959, AND ALL ORDINANCES RELATIVE TO THE CEMETERY CEME-TERY OF OREM CITY; PROVIDING DEFINITIONS OF TERMS; C R EATING THE OFFICE OF CITY SEXTON; FIXING RESPONSIBILITIES RE-SPONSIBILITIES AND DUTIES of the CITY SEXTON, SEX-TON, the CITY TREASURER, TREASUR-ER, and OWNERS of BUR IAL SPACES and LOTS RELATIVE RE-LATIVE TO THE CITY CEMETERY; P ROVIDING FOR ADOPTION OF RULES AND REGULAT IONS FOR MAINTENANCE AND CARE BY RESOLU TION OF OREM CITY COUNCIL; AND HEREIN ESTABLISHING R U LES AND REGULATIONS FOR THE MAINTENANCE, CARE AND OPERATION OF OREM CITY CEME TERY; PROVIDING FOR DETERMINATIONS OF PRICES AND FEES FOR BURIAL SPACES AND LOTS BY RESOLUTION OF OREM CITY COUNCIL; ESTABLISHMENT OF PERPETUAL PER-PETUAL CARE TRUST FUND AND THE ADMINISTRATION ADMIN-ISTRATION THE REOF; AND PROVIDING PENALTIES PENAL-TIES FOR THE VIOLATION VIOLAT-ION OF THIS ORDINANCE. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said city this 30th day of March A. D. 1964. Anne Cooper City Recorder Published in the Orem-Gen eva Times April 2, 1964. SHERIFF'S SALE NOTICE OF SALE Sheriff's No. 36287 In the District Court of the Fourth Judicial District, in and for the County of Utah, State of Utah. Federal National Mortgage BUS ABOVE ff a- urn. TV n s FOR JUST $16.00 YOU CAN SPEND SIX WEEKS, SIX HOURS A DAY . . . Enrollment now being accepted for all of the various courses that will be offered this summer. Good diversified subjects for job preparation for your future. The future belongs to those who plan for it. Have fun this summer but spend part of your time in an interesting course at Utah Trade Tech. AUTO BODY REPAIR You literally start from "scratch" and learn the tricks of the trade and how to properly do auto body work. Also painting and automotive repairs on the mechanical mechan-ical side. 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To be sold at Sheriffs Sale, at the west front door of the County Courthouse in the city of Pro- vo, County of Utah, State of Utah, on the 23rd day of April 1964 at 10:00 a. m. o'clock on said day that certain piece or parcel of real property situate in Utah County, State of Utah, described as follows to-wit: Commencing 455 feet West of the Northeast corner of Lot 52, Knight Subdivision, Orem, Utah; thence South 120 feet; thence West 80 feet; thence North 120 feet; thence East 80 feet to the beginning. Purchase price payable In lawful money of the United States. Dated at Provo City, Utah, this 25th day of March, 1964. Ralph Chappie, Sheriff of Utah County, Utah. By L. Gene Close Deputy Allen L. Hodgson, 35 W. 1st S., Payson, Attorney for Plaintif. Date of first publication Published in the Orem-Gen- eva Times April 2, 9, 16, 1964. SHERIFFS SALE NOTICE OF SALE Sheriff's No. 36286 In the District Court of the Fourth Judicial District, in and for the County of Utah. 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