Chapter XII · Public Property

ARTICLE 5. CITY CEMETERY

Sections 12-501 to 12-516 · 16 sections

12-501 Designation of cemeteries.

The City of Baldwin City hereby accepts the ownership of the active Oakwood Cemetery, the inactive Pioneer Cemetery, all cemetery records regarding both cemeteries, and all other real and personal property of the Baldwin City Cemetery Company and is hereby authorized to begin operating the cemetery under the rules and regulations prescribed by the laws of the State of Kansas. Such real property shall be designated a public cemetery.

(Ord. 1227, Sec. 1; Code 2011)

12-502 Definitions.

For purposes of this article, reference to “the cemetery” will apply to the Oakwood Cemetery. As the Pioneer Cemetery is inactive, many references will not apply. When a provision is intended to apply to both cemeteries, or specifically to the Pioneer Cemetery, such provision shall so state. Plural references shall apply to both cemeteries.

(Ord. 1227, Sec. 2; Code 2011)

12-503 Operating Regulations and Policies.

The City of Baldwin City shall operate the cemetery in accordance with the regulations set forth herein and any other policies as may be adopted by the governing body. Any policies or practices previously followed by the Baldwin City Cemetery Company but not specifically addressed by the governing body are hereby adopted and continued until such time as they may be specifically addressed by the governing body.

(Ord. 1227, Sec. 3; Code 2011)

12-504 General supervision.

The governing body shall have general supervision and care of the Oakwood Cemetery, the Pioneer Cemetery, and all of each cemetery’s belongings.

(Ord. 1227, Sec. 4; Code 2011)

12-505 Duties; governing body.

The governing body shall establish operating rules and regulations for cemeteries owned and operated by the city; shall set the price of burial spaces and authorize the creation of deeds therefore; and shall fix the prices for cemetery services provided by the city, which may include the opening and closing of graves, the constructing of foundations for markers or monuments, or any other service as may be authorized by the governing body.

(Ord. 1227, Sec. 5; Code 2011)

12-506 Duties; city administrator.

The general supervision and control of Baldwin City cemeteries shall be vested in the city administrator, or his or her designee, subject to the control and direction of the governing body. The city administrator may take such steps as he or she may deem necessary for the proper care and management of the cemeteries, and is hereby authorized to sign documents and resolve conflicts as necessary, within the constraints of the laws of the State of Kansas, these regulations, and the established budget.

(Ord. 1227, Sec. 6; Code 2011)

12-507 Same; city administrator.

The city administrator, or his or her designee, shall superintend all improvements; have general direction of the burial of the dead; employ necessary personnel; authorize necessary contracts; itemize monthly revenues and expenses in relation to the city budget; and certify all bills associated with operation of the cemeteries before authorization for payment by the governing body;

(Ord. 1227, Sec. 7; Code 2011)

12-508 Same; city clerk.

The city clerk shall be the official record keeper of the cemeteries. The clerk shall sell cemetery lots and burial spaces, shall issue the appropriate deeds for such sales, and shall keep an accurate record of the location and ownership of all burial spaces occupied and vacant, sold and unsold, in the various lots.

(Ord. 1227, Sec. 8; Code 2011)

12-509 Sexton.

The director of public works shall be designated as sexton, and as such shall have complete responsibility for the maintenance and welfare of the cemeteries. Any and all physical changes must be approved by the sexton in advance.

(Ord. 1227, Sec. 9; Code 2011)

12-510 Graves.

The cemetery is divided into sections, rows, lots, and burial spaces. A section generally contains a specific number of rows, rows contain a specific number of lots, and each lot generally contains a specific number of burial spaces. Each burial space shall be uniquely identified with a number for reference.

(a)A burial space shall be approximately four feet by ten feet, except those that may be designated for infant burial as described herein.

(b)Graves shall not be less than fifty four inches (54”) in depth.

(c)Graves for infants shall not be less than forty-eight inches (48”) in depth.

(d)No more than one casket per space or two urns per space shall be permitted.

(e)Anyone purchasing spaces will be required to purchase a vault for burial.

(f)The City may establish areas specifically for infant burial. Burial spaces for infant burial shall be approximately three feet by five feet. Infant spaces are designated for those less than two years of age and limited to casket sizes of 36” in length or less. Burial spaces in infant grave areas shall be available without charge, however, charges for opening and closing of graves shall apply. Persons may opt to purchase a regular burial space at the regular price for an infant burial.

(Ord. 1227, Sec. 10; Code 2011)

12-511 Burial space sales.

The city clerk shall sell the burial spaces, issue deeds, and shall keep an accurate record of burial spaces and parts of spaces available for sale.

(a)No burial space or part thereof shall be sold by the city without perpetual care coverage thereon.

(b)No fraction of a burial space shall be sold out of a whole space unless such sale is approved by the sexton, the city clerk, and the city administrator.

(c)No burial space or partial space shall be resold for more than its original cost. Resale of a space, resale of a partial space, or transfer of a space or partial space shall require that a new deed be issued by the city clerk.

(d)No person shall be denied burial in a city cemetery for lack of funds. Upon request for indigent burial by an heir or agent of the person to be buried, the city administrator shall cause to be conducted a brief investigation, and if satisfied that the indigence truly exists, the city will furnish space and provide the opening and closing of the grave and the proper marking of the same. If, however, it is later determined that funds or an estate do exist, the city reserves the right to bill such funds or estate for the usual cost of the services rendered.

(Ord. 1227, Sec. 11; Code 2011)

12-512 Fees.

Fees for cemetery sales and services shall be according to the following schedule:

(a)Regular burial space: $500

(b)Infant burial space: No charge (in infant section only)

(c)Opening & Closing of graves: $400

(d)Opening & Closing of urn sites: $200

(e)Opening & Closing on Saturday/Sunday: add $100 to either (c) or (d) as applicable

(f)Installation of monument foundations: $100 fee, plus actual cost of materials (when installed by city staff)

(Ord. 1227, Sec. 12; Ord. 1258, Sec. 4; Code 2011)

12-513 Cemetery reserve fund.

A Cemetery Reserve Fund shall be established and maintained in the annual city budget for the purpose of funding capital improvements to the cemetery as a whole. At least ten percent (10%) of the revenue from each burial space sold shall be deposited in the Cemetery Reserve Fund as a means for providing for the perpetual care of the cemetery, in addition to funds the city may budget to contribute to such reserve from time to time.

(Ord. 1227, Sec. 13; Code 2011)

12-514 Hours of operation.

Public cemeteries shall be open to the public from 6:00 a.m. to 10:00 p.m. daily.

(Ord. 1227, Sec. 14; Code 2011)

12-515 Disclaimer for pre-existing conditions.

The City of Baldwin City hereby accepts responsibility for the condition of cemetery property and the condition of cemetery records as of the effective date of this ordinance.

(Ord. 1227, Sec. 15; Code 2011)

12-516 Severability.

The provisions of this article are severable. If any portion of this article is deemed invalid for any reason, such invalidity shall not affect the remaining provisions.

(Ord. 1227, Sec. 16; Code 2011)