Ordinance #3618 - Cemetery Foundation Fees
ORDINANCE NO._3618
AN ORDINANCE ESTABLISHING FOUNDATION FEES
WHEREAS, the City of New Castle owns and maintains the South Mound Cemetery and the West Lawn Cemetery Addition thereto; and,
WHEREAS, Title IX, Chapter 91, Paragraph (B)(3) establishes certain miscellaneous fees to be charged in connection with the operation of said cemetery; and,
WHEREAS, due to existing soil conditions it is necessary for the City of New Castle to pour cement foundations for burial monuments and markers in Sections D, E, and F in West Lawn Cemetery; and,
WHEREAS, it is appropriate and proper that the owner be charged a reasonable fee to compensate and reimburse the City for the labor and materials required to perform said service.
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NEW CASTLE that Title IX, Chapter 91, Section 91.01 (B)(3) be amended by adding the following additional miscellaneous fee:
(h) Pouring Concrete Foundation: $250.00 for each space in Sections D, E, and F.
that Title IX, Chapter 91, Section 91.01 (B)(3) be amended by adding the following additional statement:
(i) The cost of foundation pouring in Sections D, E, and F shall be paid for from the West Lawn perpetual maintenance fund and the proceeds from the sale of foundation space in Section D, E, and F shall be deposited into the same perpetual maintenance fund.
And that Title IX, Chapter 91, Section 91.01 (A)(23) be amended to read: "The cemetery disclaims liability for any errors in the placement of markers and memorials and their foundations that are not installed by the cemetery."
REPEALER: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SEVERABILITY: Any provision herein contained which is found by a court of competent jurisdiction to be unlawful or which by operation shall be inapplicable, shall be deemed omitted but the rest and remainder of this ordinance, to the extent feasible, shall remain in full force and effect.
EFFECTIVE DATE: This Ordinance shall become effective immediately upon passage and publication as provided for by law.
