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HomeMy WebLinkAboutResolution 202 Change of Cemetery Name t20 -..".- . .._. __.n . ~,<.,'~ .\ -.-...- .v'(. \ \\ \ ~ CQI.iil'.1ISSION RISSOLUTIOlJ NO. 202 - A.--R1!:SOLU1'ION OF TIill COIdMISSION OF TL1~ CITY OF BOZELli\.N PROVIDING FOR rIlE CI-LAlJGJ:~ OF NAME 0]' THE BOZEIvIAN CELlE'l'ERY TO Sm,JSET HILLS CEr.iETERY, rnm AC(~UISrI'ION BY THE ROI,LAN CATHOLIC BISHOP OF HELENA, MONTANA, A COEPOHATION SOlE, FOR .AIm ON BELll-:l.LF OF 'l'EE I HOLY ROSARY PAHISE OI>' BOZl!:M.AN, MONT.ANA, Olt"" BURIJ~L RI GH'I';':; TiiEREIN, I)HOVIDING 1"O:::i I.:JERLlAHENT C':I.Iill OF CELiETERY LOTS, AIm A PERLIANENT FU1JD THEREJTOH, 'l'HE REPEAL Ol( ORDINANCES nos. 3'18 AND 417, RELATING ~[10 SAID :O:OZEl,LAlJ C:C'ME~~ERY AND TEE El1:!..CTLilil'J'I' OF A PROPER OrtDIlilGJCE I'ROVIDING FOR TIill MANAGEMEN'I' l\..ND COJlrrROL TEEREO~', _.\8 hEl1EIN PROVIDED. WJIEREAS: I. Ordinance No. 417 entitled: An Ordinance Relating to the Bozeman Cemetery "aithin the City of Bozeman and Providing for the ManageJi18nt and Control thereof, proviu.es for the management and control of the Bozeman Cemetery, and II. Ordinance No. 378, provides for what is known and designated as the Cemetery IT'und, and III. The name of the Bozernan Cemc'tery has, by resolution of the Board of Trustees of the Bozeman Cemetery, been changed to the Su:~set Hills Cemetery, and IV. Heretofore on the 5th clay of September, 1930, at Q special meetinG of the Board of Trustees of said cemetery, the said Board passed and adopted a resolution entitled: RESOLUTION Board of Trustees, Sunset Hills (Bozeman) Cemetery, Providing fa l' the Acquisition by the Roman Catholic Bishop of Helena, I Montana, a Corporation SOle, for and on Behalf of Holy Rosar,y Parish, Bozern.an, hiontana, of Burial Rights in Sunset Hills (Bozeman) Cemetery, a copy of which is hereto annexed, and made a part hereof; and V. Heretofore provision has been made for the permanent care of cellletery lots in said Boze:man Cemeter;/, and on the 7th day of April, 1921, the C it Y C01..l.nc il of the City of Bozeman passed and adopted Council Hesolution No. 1096, entitled: A Council Resolution Authorizing the Cemetery ::30ard to inter into Agremnents for the Permanent Care of Cemetery Lots with the Owners Thereof, and to Receive and Accept Gi ft sand Donations to be Used for the Purpose of Improvinc: and Beautify- in8 the Bozeman City Cemetery, VI. That the provisions and regulations therefor are not under the oontrol of either the Board of Trustees of said cemetery or the Commission of' the LJity 01' Bozeman, and the Commission of' the City of Bozeman dc,ems it not onl:,/ proper, but necessary, that a sound financial plan be adopted for the permanent care of cern.etery lots in said cemetery, whereby the City of BozeInan will have the control thereof', and the interests of the cemetery lotholderc who have paid for permanent care are properly conserved; and 'llI. The Cownissioll of the City of Bozeman deer:ls it proper at this time, I that the comprehensivG ordinance be passed providinG; for: (a) Change of' nmile, (b) Manac;ement and control ( c ) Acquisition by the Roman Catholic Bishop of Helena, Montana, a corporation sole, for and on behal: of Holy Ros:.ry Parish of Bozcman,Eontana, of burial rights in said cemetery, - - .- u_. ____ .._.._. - -- --- . '~ ')--> " I ,L';':"'; ",'. ..----..-.--- - ____no - . . -- -.. ..--..- .--.--.--.- . . __. ___.__.._______.u__..._.u...__._..._..___ .__u .....- -.- .....-.--.-.- (d) Permanent care of cemetery lots in said cernetery and the method of financing the I)ermanent care thereof and payinG therefor, E,nd I (e) That Ordinance No. 378, providin8 for the cemetery fund, and Ordinance No. 417, ent i tIed: An Ordinanoe Relating to the Bozeman Cemetery Within the City of Bozeman and Providing for the Mana(:ement and Control thereof, be repealed. NO W 1'HEREFO HE , 3:2 IT RESOLVED, by the Corrnnis sian of the City of Bozeman, I. 'rhat the resolut ion of the Board of Trustees of Eozc;man Cemetery, entitled: RESOLUTION Board of Trustees, Sunset Hills (Bozeman) Cemetery, Providin:. for the Acquisitio-,l by the Roman Catholic Bishop of Helena, I"lont ana, a Corporat ion Sole, for and on Behalf of Holy B.osary Parish, Bozeman, Montana, of Burial RiGhts in Sunset Hills ( Bo zen L:.n ) Cemetery, as passed and adopted by said Board at a special meeting thereof, on the 5th day of September, 1930, be, and the same is hereby approved and confirmed. , II. That the name of the Bozeman Cemetery, as provided by Ordinanoe No. 417, be, and the smile is .llereby ch811ged to Sunset Hills Cemetery; I III. T_~at the present plan providing for perrllanent care of celaetery lots in said cemetery and the f'inanl;ing tllro:ceof', be changed so that the City of Bozeman w ill manage, oontrol and invest all funds provi<ling for permanent care; IV. That Ordinance :N~. 378, providinc for the Cemetery J:i'unc1, and Ordinanoe No. 417, ent itled: An Ordinance Relating to the Bozeman Cemetery Within the Cit y of Bozeman and Providing for the Mana?:;ement and Control thereof; be repealed, and that a new ordinance be passed by the Commission providing for the management and control of said cemetery as herein set fo:...th; v. ~hat the Manager and the City Attorney, be, and they are hereby instructed to prepare and submit to the ConITlission of the City of Bozeman, a proper ordinance therefor. Passed and adopted by the Cornraission aI' the City of Bozeman, this 31'd I day of Ootoi)er, 1930. ~~ Attest: 1.1 yo,r . -" ') (,) ~ ~ 't" ,.,~ "'- ". n._n __. ... .. --- --...----..,. --..---.----... RES 0 L UTI 0 N BOARD 01' TRUSTEES, SLi~!SET l:ILLS ( Barl 11' ,T , " ) CUlETEHY, l)HOVIDING r'OR TEE L..J 1 vL:...l'.i ACQ.1JISITIO:i.r BY 'l11m HOM.lJ.:r CATHOLIC BISHOP OF HELENA, MOlJ'I'Al:-A, A COR- rOHATI (:;T SOLE, FOE AND on BElIi\.LF 01<' EOLY HOSARY. PARISH, BOZEl,liu: , I ' -O-~'" ., \. OiT BURI1>.L nIGHTS Ii: SUXSE'l' HILLS (Boc'TI';" "",) cm.iE~rlmY . l\..~" ~.'.J _~ }1..;..'..].1- , .:._J.~\",,",":l.~~ VrIIE REAS : I. The Sunset Hills (Bozeman) Cemetery is ovmed and controlled by the City 01' Boz ema:l, and operated and manaced by c. Board 0 f' 'I'rustees, subject to the authority of' the COl1D:nission of the City of Bozeman, and II. The Homan Catholic Bishop of Helena, Montana, a Corpor&tion Sole, for and on behalf of Holy Rosary POT ish, Bozernan, Llontarw., desires to acquire burial rie;ht s for those of' the Roman Catholic faith, in sD.id ceL:etery, and III. The Board of ~rustees of Sunset Hills (BoZ8IJan) Cemetery are ready and willinG to accord to said I-~al'ish, this right and privilege, NOW TllERElWHE, DE IT RESOL" 'ED , by the Board. of Trustees of Bu.ns et Hills (Bozeman) Cemetery, That the request of the iioman Catholic Bishop of Helena, h10ntana, a Cor- porat ion Sole, for rigllts and pri'.'ileges to bury memuel's of the i'loman Catholic faith in the Su~set HiJ,ls (Bozeman) Cemet ery , be, and the same is hereby g:L'unted. Th"l t the Sunset Hills ( Bo zema~1.) Cemetery set apart for the use of the Holy Hosary Parish, BozGl'ilan, Niontana, not to exceed six acres ,if' ;;;'unset lIills ( B 0 Z Gr;m n ) I Cemetery, to be known and designated as the Catholic Tract. That an unoccupied tract be reserved on the south of the Catholic Tract, this for the purpose of' providing additional space :f'or the Catholic Tract should future conditions so demand. That the Pastor of' the Holy Rosars l)arish shall have authority to designate who shall be buried in said Catholic Trac:~ and whose reI:lains s"~all not be removed therefrom. That the Ci'cy 01' DozeI;mll shall ovm and control that part of said traot known as the Catholic Tract, a:::ld that the Board of l.'rustees of' Sunset Hills (Bozeman) Cemetery, l.mder aut.llority from the Cormnission of the City of Bozeman, shall care for and rnaintaLl the Catholic Tra2t, the SaIile as the .'i.'est 0'1' the c GIllet ery, and that all sales of lots and ac;:;:'eements for perpotual CUI>0 slLall be upon the same terrns and condit ions as other parts 0:[' the cemeter:,;, and that tLe general :culos of the cemetery for the care anu maintenance of' the cemetery shall apply to and cover- the Catholic Tract, SAVE AHD EXCEl'Yl' the Holy Hos::'.ry Pari[;h ::,hall 1:a ve the right and privileCG of maintaining Catholic sYI.lbols and there Ghall be no interference there- I wi th, and this right is reser7ed to said Parish. That a copy of this l"lesolut ion be presented to the Commission of' the City of Bozeman, e.nd that a proper agreement be entered into by and between the COllUrriscion of the City of BozexJan and the Roman Cat'holic Bishop of Helena, Montana, a Corporation Sole, confirming the terl:lS and condit ions of' this Hesolutic~l. - - ----------