HomeMy WebLinkAboutOrdinance 31- 604, Provides for Management and Control of Sunset Hills Cemetery and Setting Up Cemetery Fund, and Repealing Ordinances 378 and 417
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ORDINANCE NO. 604 ~
AN ORDINANCE PROVIDING FOR THE 11ANAGEMENT AND CONTROL OF SUNSET HILLS CEMETERY
AIifD A FUND FOR THE MAINTENANCE THEREOF, TQ BE KNOWN AS THE CEMErrERY l!'mm, THE
PERl\;WTENT CARE OF CEMET$RY LOTS THEREIN AND A PERMANENT CARE FUND THEREFOR,
AND REPEALI:Im ORDIN.ANCES NOS. 378 AND 4l?,
BE IT ORDAINED BY THE COMivlISSION OF THE CITY OF BOZEtiIIAN:
I I.
NAME
, , That the name of the. Bozeman Cemetery, as provided by Ordinance No.
41'7, be, and the same is hereby, changed to S"CNSET HILLS CEMETERY, and the
said cemetery shall be known and designated as such;
II.
DESCRIFrION
That Sunset ~il1s Cemetery shall comprise all those certain lots,
pieces and parcels of land particularly described and conveyed to the City
of Bozeman in the several deeds of record in the office of the County Clerk
..
and Recorder of the County of Gallatin, to:""wi t:
In Book "K" of Deeds, on page 358;
In Book "1" of Deeds, 6n page 325;
In Book "23" of Deeds, on pages 214 and 2136;
In Book "25" of Deeds, on page 262;
In Book "62" of Deeds, on page 361; and
In Book "'72" of Deeds, on page 3?1,
.,
t",/
and any lands hereafter acquired, and such portions of streets and alleys,
vacated pursuant to the provisions of Ordinances Nos. 5?8 and 519, ,or any
'..... .1.... other Ordinances of the City of Bozeman;
~ III.
;<,: . OTHER CEMETERIES PROHIBITED
.to ;:
, ' That it shall be unlawful for any person, associat ion or cor-
poration to bury or inter, or cause to be buried or inte~red, the dead
body of any person in any place in the City of Bozeman, or to maintain a
cemetery, or graveyard, within the limits of the City of Bozeman or within
three miles of the limits of the City of Bozeman, except as herein pro-
vided;
IV.
:MANAGEMENT AND CON'll ROL
BOARD OF TRUST11:ES
That the management and control of Sunset Hills Cemetery shall be,
and is hereby, vested in a Board of Trustees consisting of six (6) members
to be a})pointed by the Mayor of the City of Bozeman; that their term of
office shall be three years and their appointments shall be made at the
first meeting of the Commission in January; that the members of the said
Board and their respective terms, as how appointed, illlder the provisions
.1 of Ordinance No · 417, as follows: ~
Idembers Term Expires
L. E. Gage January 1,1932
Elizabeth Bogert January 1, 1932
Fred W. Bull January fu, 1932
Fred F. Willson January 1, 1934
E. L. Houston January 1, 1934
shall continue and remain in full force and effect; that in addition to the
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foregoing the Mayor shall appoint an additional member who shall represent
the Holy Rosary Parish, Bozeman, Montana, and whose term shall expire on the
1st day of January, 1934; that,. thereupon, the said Board of Trustees will
.
be composed of six members, three of whose terms will expire on January 1st,
1932, and three of whose terms will expi!e Jillluary 1st, 1934; that, there- I
after, members shall be appointed for the term of three years;
.
v.
:POWER AND AUTH'JRITY
That the Board of Trustees, as herein created, shalJ. have full
control and management of said oemetery .and shall be empowered, for such
purpose, to make and adopt any and all Rules and Regulations as such Board
may, from time to time, deem expedient and proper;
VI.
OFFICERS
That the said Board of Trustees shall organize by electing one
of its members President and one of its members '(lice President; that the
Director of -Finance of the City of ~ozeman shall act as Secretary of said
Board of Trustees and ,the said Director of Finance shall have the custody
and control of all moneys and funds belonging to said cemetery;
VII.
SUPERIN'l'E1TDENT
.
That the :C!oard of Trustees shall select a Superintendent of said I
cemetery who shall hold office as such ~t the will of said Board of Trustees;
that said Superintendent shall, at all times, be under and subject to the
,.' .
orders, Rules and Regulations of the said Board of Trustees; that it shalJ.
be his duty "to enforce all Rules and Regulations as ])romulgated by said
Board of Trustees, and to that end and for that };JUI'pose, he shall have all
the powers of a Policeman of the City of Bozeman, authorized and empOlvered
to arrest any person committine; depredations or waste, in or about said
cemet ery, or violating any of tlle Il.ules or Hegulations relating to the
government thereof, or of the Ordinances of the City of Bozeman relating
thereto; tJ-lat t~le said Superintendont shall receive no extra cOl;lpensation
. 1'01' such police dut ies and shaL:_ be required to perform such police dut ies
only in and about the said cemetery;
VIII.
SALE OF LOTS
That the said ground ,embraced within said cemetery, as now created,
or hereinafter added to, as platted, or as hereinafter platted, shall be sold
for burial rurposesonly and such sale shall be made subject to the Rules I'
and Regulations adopted and promulgated by the Board of Trustees; that the
Director of Finance shall sell said lots at the prices f~xe~ by the Eoard
of Trustees, giving to_the purchuser a Deed Recoipt signed by the Director
of Finance, ~:;hovling the amount paid and a descrir>tion of the lots sold;
that said Deed Receipt shall be in such form as the Board of Trustees shall
prescribe;
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',#;~73
IX.
, TRANSFER OF LOTS
That no lot, or lots, sold by the City of Bozenmn, shall be
sold or transferred by the purchaser to any person whomsoever; SAVE Al'ID
EXCEI'T that SELid lot, or lots, may be reconveyed to the City of Bozeman and
'.1 thepur.'Chaser shall receive therefor the price he paid for the lot, or lots,
in the first instance; that wuch reconveyance to the City of Bozeman shall
be by '~uit-Claim Deed;
X.
RECORD OF LOTS SOLD
That the Director of Fin.anee shall l\:eep a record of all lot s sold
and the Deed Receipt thereforJ that the Deed Receipt shall be duly recorded
in a book kept therefor and known as the Deed Receipt Record, and a record
shall likewise be made upon the nPlat of CeI:1etery";
n.
MASONIC AND ODD FELt:QW, TRACTS
That Gallat in Lodge No. 6 and Bozeman Lodge No. 18, Ancient, :Free
and Accepted Masons, Bozeman, Montana, and the Independent Order of Odd
Fellows, Western Star Lodee NO.4, Bozeman, Montana, own burial tracts
within said cemetery and control the sale of lot s therein to membe:L's ; that
., . the Doard of Trustees of said cemetery has no jurisdiction over the sale
and allotment of any lots in said tract to members of said LodCes; that
I SAVE ill~b EXCEPT in the matter of the sale of said lots, the said tracts
;), Shall,be subject to the management and control, Rules and Regulations of
" said Board of Trustees;
XII.
HOLY ROSARY PARISH
That, heretofore, the Roman CGtholic Bishop of Helena, Montana,
a corrorat ion sole, for and on behalf of Holy Rosary Parish" Bozeman,
Montana, acquired burial rights for those of the Roman Gathoiliic faith in
said cemetery and a tract of land therein, approximately six (6) acres,
was set aside to be known as the Catholic Tract, and an unoccupied tract
on the south side of the Catholic Tract was reserved for the purpose of
providing additional space for .tlie Catholic Tract should future conditions
so demand; that the Pastor of the Holy Rosary Parish shall have authority
to desiGnate who shall be buried in the Catholic Tract an d whose remains
.
shall not be removed therefrom; that the Holy Rosary Parish shall have
the right and privilege of maintaining Catholic symbols, and there shall
'I be no interference therewith, and that this right is reserved to the
", Parish; t hat, subject to the se ex c ept ions, the said Gat hol ic Tract shall
'-, _ be subject to the management and control, a;nd the Rules and Regulations
of said Board of Trustees upon the same terms and condit'ons as other
parts of the cemetery; that the general rules of the cemetery shall
apply to and include the Catholic Tract;
XIII.
!NTERN.lE:NT OF BODIDES
INTERMENT PERMIT
"
274
Tha t no undertaJcer, nor any o~her person, shall inter, or assist
in and about the interment or the final placing, of the body of any human
being within said cemetery unless he shall have first applied for, and been
granted, a permit authorizing said interment; that said permit shall be
known as Interment Permit; that said InterrnentPermit shall be issued by I
the Director of ]'inance and shall not be so issued rmtil the fee ther-e1'or
has been paid; that said Interment Permit shall only be issued subject to
a pen-nit therefor obtained from the local Health Officer and under such
Rules and Regulat ions as the "local 130ctrd of Health shall prescribe;
XIV.
RELroV AL OF BODIES
That no i111dertaker, nur any person whatsoever, shall disinter or
remove any body from said cemetery without first obtaining a permit therefor
from the Board of Trustees, and a permit from the local Health Officer, and
under such Rules and Regulations as the local Board of Health shall prescribe;
. x:rr . .
PAUPER FIELD
That Blocks "1\' and "12" of said cem.etery have heretofore been
.
set aside and are now reserved for pauper dead; that all burials therein
shall be made subject to the order of the Board of Cormty COllunissioners of
the County of Gallatin; that in all cases of the burial of poor in said
Pauper Field, the interment fe,e shall be charged to, and collected from, the 1--
"~'.
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County of Gallatin; that said interment fee shall be in such form as the Board "1-..:,-
of Trustees and the Board 01' Cormty Commissioners ;may determine; ,.,
XVI.
ANNUAL CARE
That the Board of Trustees shall adopt a schedule for the annual
care of cemetery lots and those owners of cemetery lots desiring annual care
shall pay the annual fees so fixed; that the annual care of lots 1s indepen-
dent and apart from the permanent care of lots, hereinafter referred to; that
the annual care shall be on an area basis and in such amount as the Board of
Trustees may determine;
,
XVII.
Cfli/lETERY FU1JJ
That there is hereby created a Cemetery Frmd of said City; that
. to this Fund shall be credited and shall be paid all moneys received from
the following sources:
(a) Moneys received from sale of lots;
(b) Moneys recei ved from Interment Perrlli t fees; I
(c ;1 Moneys received from annual care of lots;
" (d)
Interest or ,income received from Permanent Care Fund for
permanent care of lots;
(e) All moneys which may be clonated to,tl1e said City for the
improvement of 8Elid cemetery; and
( f) Any and all other moneys from any other source, or sources,
connected with the operation and maintenance of said ceIl).etery;
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27,5
,',. XVIII.
EXPENDITURES
PRESENTATION AND PAYMENT OF CLADvlS
That the Board of Trustees shall have full power and authority to
make all purchases and incur all expense in operating and maintaining said
I cemeter;y, PROVIDED, hovvever, that the said Board shall be governed by the
general rule with r'ef'erence to obtaining Purchase Order therefor, and shall
be restricted in making purchases and incurring expense, as provided by law;
that all bills for labor, material, supplies. and salari es incurred by the
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Board of Trustees shall be presented to and a: proved and allowed by it, and
thereupon, presented to the Commission ~f the City of Bozeman in the regular
form and in the manner providing for the pr.esentation of claims; that upon
the approval and allowance ,of said claims, so presented, the same shall be
paid from the Cemetery Fund;
XIX.
PERLvlANENT CARE
That the Board of Trustees shall provide for the permanent care
-
of cemetery lots in said cemetery under such Ru~es and Regulations as it
may adopt; that the Board of Trustees shall adopt and promulgate a plan
for permanent care of cemetery lots and a schedule of the cost thereof;
. XX.
". PERMANENT CARE FUND
.",;, ~
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'/.:: Tha t , for the purpose of providing permanent care of cemetery
,'.,......'
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f . ~' lots, there be, and trlere is hereby, cJ.!eated a Perrnanent Care Fund; that
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said J:'ermanent Care 1!'und shall be under the custody and cant 1'01 of the
City of' Bozeman; that every lot owner desirous of providing for the er-
manent care of the lot or lots owned by him shall pay into ,and deposit
with the Director of Finance of the City of J.:::ozeman the amount thereof', as r
provided by the schedule adopted and promulgated by the Board of Trustees,
and snaIl enter into a written Agreement with the City of Bozeman for such
permanent care, which Agreement shall be known as the Pennanent Care Agree-
ment; that the amount and amounts so deposited shall ~nstitute t;18
Permanent Cure Fund; that said Fund shall be invested by the Commission
"
of the City ~f Bozeman in such form and in such securities as it may
direct, and the interest thereon, or the income therefroIjJ., shall be
credited to, and paid into, the Cemetery Fund and shall be expended by
the Board of Trustees to defray the cost of the permanent care of said
I indi vidual lots, agreeable to the Rules and Regulations of said .t:.oard of'
Trustees, PROVIDED that if the interest thereon, or the income therefrom,
is FlOre than j"ecessary to pay for the proper care of said individual
lot s, then and in that event, the surplus or remainder shall be expended
in caring for and beautifying said cemetery generally;
XXI.
PERV[ANENT CARE AGRETIvlENT
That a Permanent Care Agreement shall be entered into by and
276
.
between the City of Bozeuan and the lot owner, which Permanent Care Agreement
shall be substantially in the following for.m~
" PERMAITENT CARE AGREErvlENT
SUNSET HILLS CELiETERY
THIS AGREEi:.;:El'T:', made and ent ered into tllis day
_'_"'m
of , 19 , by and between the CITY 0:3' BOZI;J\i.A1J, a I
Munic ipal Corporation of the state of Montana, hereinafter
referred to as the CITY, and , of
, State of , hereinafter referred
to as the LOT OWNER, -
VlI TNESSETH, WHEREAS:
I.
The CITY is the owner of Sunset Hills Cemetery and the
management and control thereof is vested in the Board of
Trustees of Sunset Hills Cemetery, and Ordinance No. __
ent it led:
"An Ordinance Providing for the,lv:.anagement and
Control of Sunset Hills Cemetery, and a Fund
for the Mc: intenance thereof, to be Known as
the Cemetery Fund, the Permanent Care of
Cemetery Lots Therein and a Permanent Care
Fund Therefor, and Repealing Ordinances Nos.
378 and 41 '7" ,
provides for the management and control thereof, the Fund there-
for, and permanent care of lots in said Cemetery and the ]'und
therefor; and
II.
The said LOT OrTnER is the owner of the following described
lots in sa,id Cemetery, to wit: of ~lock
Lots ,
and is desiro)ls of l)roviding for the permanent care of said
lot s , pursuant to the provisions of said Ordinance, a s afore~
said; and
. III.
The cost and expense of said permanent care of said lots, Ie
pursuant to said Ordinance, is ____ Dollars ($ ),
and the sa id LOT O-rHJER has paid to and deposited with said
CITY the S1.ll11 of ~ , the receipt whereof is hereby ,"I
acknowledged, the same to be held by said CITY, IN TRUST, to
the credit of the Permanent Care ]'und, and the income thereof
to be used to defray the cost and expense of the permanent
care of said lots described as aforesaid.
NOW, THEREFORE, IT IS liER$BY AGREED:
That the CITY shall, and it does hereby, accept said sum
IN TRUST; that the same shall be credited to the Permanent
Care Fund; that the interest thereon, or income therefrom,
shall be paid to the Board of Trustees of Sunset Hills Cem~
etery and that said interest thereon, or income therefrom,
shall be expended to defray the cost of the permanent care
of said lots, and shall be so expended agreeable to the
rules and regulations of Sunset Hills Cemetery, and as pro-
vided by said Ordinance; that if the interest thereon, or
income therefrom, is more than necessary to p[~y for the proper
care of said lots, then and in that event, the surplus, or
rernainde:r, shall be expended in caring for and beautifying
said Sunset Hills Cemetery generally.
IN WITNESS \'TlIEREOF, the City of Bozeman has caused this
agreement to be executed by its Ma~or, and attested by the
Clerk of the Commission, and its Seal hereunto affixed, and
the LOT OWNER has hereunto set his~hand, in triplicate, all
as of the day hereinbefore written.
,-
ATTEST: CITY OF BOZElLAN
By I
Clerk of the Commfssion Mayor
Lor .,. OWNER'.---
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.
277
XXII.
~, SCHEDULE FOR PERMANENT CARE FUND
That deposits to be made by the several lot OVlners to the l'rustees
of the Perrnanent Care Fund, under and by virtue of the Permanent Care Agree-'
mont, as herein provided, shall be as follows:
I For 1 Lot' (tio square f'eet) deposit the SUIIl of $ 50.00
. For 2 Lot s (.lOO square feet) depos it the sura 0 f 90.00
: For 3 Lots (150 square feet) deposit the SUJl1 of 125.00
For 4 Lots (200 square feet) deposit the sum of 150.00
For 5 Lots (250 square feet) deposit the sum of 1'75.00
For 6 Lots (300 square feet) deposit the sum of 200.00
For '7 Lots (350 square feet) deposit the sum of 225.00
For 8 Lots (400 squafle feet) deposit the sum of 250.00
For 9 Lots (450 square feet) deposit the sum of 275.00
For 10 Lots (500 square feet) deposit the sum of 300.00
For each additional 100 square feet add $25.00
XXIII.
PERMANE1TT CARE
TRUST FUND
SEVERI\..L BANKS, CITY' 0]' BOZEf.'lAN
That, heretofore, on the '7th day of .April, 1921, the City Council
of the City of Bozeman passed and adopted Council Resolution No. 1096',
ent it led:
IIA COUNCIL RESOLUTION AUTHORIZING TIlE CEMETERY BOAHD TO
ENTER INTO AGREEMENTS FOR THE PERMAl'J~l:rr CARE OF CEtmTERY
LOTS WITH THE Q1.nmRS THEREOF AIID TO RECEIV:G AND ACCEPT
GIFrS AND DOITATIONS TO BE USED FOR THE PURrOSE OF Dii-
PROVING AND BEAUTIFYING THE BOZE/IAN CITY CEMETERY";
that under and by virtue of said Council Resolution No. 1096, the City of
-'11... Bozem:::lll and the Bozeman Cemetery Board perfected an arrangement with the
" several Bozeman Banks whereby a ':L'rust Fund was created, the interest
thereon, or income therefrom, to be used for the purpose of the }..'ermanent
care of cem~tery lots; that a form of Trust Agreement-Cemetery was adopted;
that under and by virtue of said arrangement, various owners of lots in
said cemetery entered into a written Trust Agreement-Cemetery with the
several banKS whereby' the Bank was made Trustee of a fixed sum, as per
schemule adoptea by the Cemetery Board, the interest thereon, or the income
therefrom, to be paid to the Cemetery Board for the permanent care 6f the
lot or lots owned by the person or persons depositing said sum; 'that this
arrangement with the several banks, providing f'or said Trust Fund, has
cont inued since on or about the '7th day of April, 1921; that the several
bunks 01' the City of Bozeman !low hold, as a Trust Fund, various amounts
paid by the lot oymers under and by virtue of the Trust Agree:mmnt-Cemetery,
entered into by and between the Bank and the lot owner; that said Trust
Agreement-Cemetery, among other things, provides;
"..1.. "It is agreed that in case the party of the first par..t (Banl-c)
shall at any time liquidate its affairs or discontinue to
. do business as a banking corporation; or for any reason
shall not be in a position to discharge the d ut ies (It,Jj such
~ trustees, that adequate provision shall be made for the
handling and keeping of said trust fund, satisfactory to
such Bozernan Cemetery Board or the authorities in charge
of said cemetery at such time, and said trust fund shall
be paid over to such trustee at such a time as may be
designated or agreed" upon, AND IN THE ABSENCE OF ANY
orrITER .AGREEMENT AS TO THE HANDLING OF SUCH TRUST FUND TIlE
SAME SH.ALL BE PAID INTO THE CITY TREASURY OF THE CITY OF
BOZELLAN AS A TRUST :rp'mw and, so that the income the refrom
may be used for the purposes hereinbefore expressed";
278,
,
that by reason of the creation of the-Pe~lanent Care Fund, as herein pro-
vided" the Board of Trustees of sai.d cemetery and the City Manager and the
Director of Finance shall take up with the several lot owners having '1' rust
Agreements-Cemetery with the several banks, and the banks, Whereby the
Trust Fund held by the Bank shall be transferred to, and,paid into, the I
-
Ci ty Treasury of the City of Bozeraan and cred i ted to the Permanent Care
.
Fund,~as herein established; that, thereafter, the interest thereon, or
the income therefrom, shall be expended for the permanent care of the
.
cemetery lots of the several owners, as herein provided; that the Permanent
Care Agreement to be entered into by and between the Cit~r of Bozeman and
the lot owner, for the transfer to, and the payment of the Trust Fund to
the City 'l'reasury of the 01 ty of Bozeman, and the expending of the interest -
thereon, or the income therefrom, for the permanent care of cemetery lots,
as herein provided, and a receipt to the Bank for the moneys so paid to
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the City and a release to the Bank of its obligations under suid Trust
.
Agreement-Cemetery, shall be in, substantially, the following for.Mt
" PERNiAl'JENT CARE AGREEMENT
Sm~SET HILLS CEMETERY
TIllS AGREE~ili~r, made and entered into this day
6:;:' ---
-' 19 , by and between the CITY OF BOZEM.1L'j, a
Municipal Corporation of the State of Montana, hereinafter
referred to as the CITY, and , of
. State of , hereinafter referred
,
to as the LOT OWNER, I.
WITNESSETR, WrillREAS:
I.
.
The CITY is the owner of Sunset-Hills Cemetery and the
management and control thereof is vested in the Board of
Trustees of Sunset Hills Cemetery, and Ordinance No. ____,
ent i tIed:
"An Ordinance Providing for the Management and
Control of Sunset Hills Cemetery, and a Fund
for the Maintenance thereof, to be Known as
the Cemetery Fund, the Permanent Care of
Cemetery Lots Therein and a Permanent Cal~e Fund
Therefor, and Repealing Ordinances Hos. 378 and 417ft,
provides for the management and control thereof, the. Fund therefor,
and permanent care of lots :tn said Cemetery and the ]'und therefor;
and
II.
The said LOT OWlffiR is the owner of the following described
lots in said Cemetery, to wit:
Lots of Block
and is desirous of providing for the permanent care of said
Lot s , pursuant" to the provisions of said Ordinance, as afore-
said; and
III. ,
Heretofore, on the day of 19 -' the LOT OWNER
~ - ,
entered into a vlritten Agreement with the Bank,
designated
"Trust Agreement-Cemeterytf,
whereby the LOT OWm~R paid to the Bank the sum of
Dollars {}, the Bank to hold and invest. said sum and I
pay the income therefrom to the Bozeman Cemetery Board for
the permanent care of said lots, and the CITY, havinc tal~en
over the custOdy, control, management and investment of said
moneys constituting said Fund} and the Bank having paid the
amount paid by the LOT OWlmR to the Bank, to the CITY, and
the same havin['; been placed by the CITY to the credit of
said Permanent Care Fund, and the LOT OWNER having released
the Bank from further liability; and
IV.
The cost and expense of said permanent care of sa id lots,
pursuant to said Ordinance, is 'k , and the L01' OWlffiR
has caused to be paid to, and deposited with, the CITY, the
S1..UIl of ;:;:__, as hereinbefore set forth, the reoeipt where-
0
_.~.........~._~_._- _.~~.,-_." ,.,-_.. -''''- '""'-_.,,~~~~r::,"'.
279
of is hereby. acknowledged, the same to be held by said
CITY, IN TRUsr, to the credit of the Permanent Care Fund
and the income thereof to be used to defray the cost and
expense of the per.manent" care of said lots described as
aforesaid.
NOW, THEREli'ORE, IT IS HEREBY AGREED:
I Tho. t the CITY shall, and it does hereby, accept said sum
IN TRUST; that the same shall be credited to the Permanent
Care Fund; that the interest thereon, or income therefrom,
shall be paid to the Board of Trustees of Sunset Hills Cem-
etery and that said interest thereon, or income therefrom,
shall be expended to defray the cost of the permanent care
of said lots, and shall be so expended, agreeable to the
rules and regulations of Sunset Hills Cemetery, and as
provided by said Ordinance; that if the interest thereon,
or income therefrom, is more than necessary to pay for the
proper care of said lots, then and in that event tLe sur-
plus or rcnainderl:,shall be expended in carine' for and
beautifying said uunsetHills Cemetery generally.
.
IlJ\'!ITIJESS \'llIEREOli', the City of Bozeman has caused this
Agreorn8nt to be executed by it s Mayor, and attested by the
Clerk of the Commiscion, and its Seal hereunto aff:ix ed,
and the LOT O'TTJJER has hereunto set his hand, in triplicate,
all as of the day hereinbefore written.'
A'l'TES'r: CITY OF BOZELlAN
By__ ".--
I-Aayar
Clerk of the Commission Lot Owner ..,------...-
.
RECEIPT AND RELEASE
TO' BAliK
We, ']'he City of Bozeman and , LOT
OWNER, herein refe:."red to, hereby acknowledge the receipt
from the . Bank of the sum of ~,; , evi-
denced by the "Trust Agreement-Cemetery", herein referred
to, and which amount has been paid to the City o:f Bozeman
arid deposited- to the credit of the Permanent Care Fund, L
as hereinbefore set forth, and we hereby and herewith,
release and d~s~harge th~ said Ba~k from any and all! ant
further, lialnll ty to sald LOT OWl:ER, under and oy vlrtu
of the terms and conditions of said "Trust Agreernent- -
Cemetery" , herein referred to.
Dated this _ _ day of , 19 .
-
C1 TY OF BOZEL,IAIT
A'L'TE3T :
By -
1'la yo r
Clerk of the Commission
~ //
LOT OWNER
XXIV. .
lli~CORD AND REPORT OF PERhlAIJEIIT CARE :FlmD
That ~he Director of Finanoe shall prepare and keep a record of
the l'ennanent Care Fund, which record shall show,
(a) The name of the person in whose n~le, or for whom
the deposit is made, and the amount thereof;
(b) A description of the lots to receive the benefit of
the interest or income from the p.err:mnent Care ]'rmd;
. (c) The character and amount of the securities in 'Nhich
the Per~manent Care Fund is invested;
(d) Amount of :t;'ermanent Care Fund not invested;
( e) Income from Permanent Care Fund;
that a report shall be made by the Director of Finance, as of the 1st day
of January of each and every year, to 'the Eoard of Trustees and the Cormnission
. of the City of Bozem8n, or at such other t :iJues as the Peard of Trustees or
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280
the Cormnission of the City of Bozeman may require;
XXV.
AlTNUAL RElJORT
.
That, as of the 1st day of January of each and every year, the
Director of Finance shall make and submit to the Board of Tr1..wtees and .
t
the 90mmLssion of the City of Bozeman a full and complete report of the
oper/?-tions of' the Cemetery Fund and the Perrnanent Care Fund for the
previous calendar year;,
XXVI .
FENCES
That no fences shall be allowed in said ceneter;I;:
. XXVII.
MALIC IOUS LiISClIIEF .
That, if any p~rson shall cu~, injure or remove any tree or
shrub in said cemetery,. or if any pe'rson shall remove or injure in any way
any flower or verdure, or deface any tombstone or ornament in said cemetery,
or any building, in, or fence surrounding said cemetery; he shall, oh con-
~ (;1;;lO.OQ)
viction thereof, be punished by a fine of not less than Ten Dollars
and not more than I'hree Hundred Dollars ($300 .00), or by imprisonment 'in
the City jail for not exceeding thirty (30) days, or by both fine and
irnprison."Ylent ;:
~ .;
XXVIII.
RECKLESS D~;IVING AND SIJEED LTIvlIT
That any person driving a motor vehicle, or any other vehicle,
on any at" the roadways in said celnete.ry sl1all drive the same at a careful
and prude.nt speed so as not to damage the roadways or any of the lot.s, and
.
accordinG to the Rules and Regula"tions of the Board oi' Trustees, and in no
event shall any mot~r vehicle be driven at a speed greater than twelve {12}
miles all hour; that the driver of any motor vehicle, or any other vehicle,
shall not cut corners at intersections so as to damage any lots or curbing;:
that such driver shall confine his driving to the road and driveways, as
established; that any person violating any of the provisions of this Section
shall, upon convict ion thereof', be punished by a fine 01' not less than Ten
.
Dollars ($lO.OO)' and not more tqan Fifty Dollars {$50.00}, or by imprison-
ment in the City jail for not exceeding ten {IO} days, or by both fine and
imprisorunent ;:
XXIX.
CONFIHl\IATION ([))F l'ROCEEDINCS
.
,Tha t all the proceed:Lngs hereto:i:ol~e had by the Board of Trustees I
of Sunset IIills Cemetery, heretofore known and desiGnated as Bozeman
..
Cemetery, under and by virtue of the provisions of Ordinance No. 3'78, which
provides for what is known and designated as the Cemetery Fund, and Ordinance
No. 41'7, entitled:
"AN ORDINANCE RELA'l'ING TO THE BOZEMAN CErviliTERY 'inTEIN THE CI'rY
OF BOZEM.AN AND IJHOVIDING FOR THE IvLANAGEM:F~j\1T AND CO!ITHOL 'l'HEREOF",
and Commission Resolution No. 1096, entitled:
".., "" 'i~;,:.'r;~":T"~'!"C '~'~,
",'!",:>' ,2, .8..1
. "': ..,
"A COUNCIL RESOLLYrrON AUTHORIZING THE CEMETERY BOARD TO
ENTER INTO AGREDlENTS FOR UtE PERMANENT CARE OF CENiliTERY
. LOTS WITH TI-IE OWNERS THEREOF AND TO RECEIVE AND ACCEPT
GIFTS MID DONATIONS TO BE TTSED FOR THE PURPOSE OF IM-
I'ROVING AND BEALYrIF"f.ING THE, BOZEMAN CITY CEMETERY",
and Commission Resolution No. 202, entitled:
I' "A RESOLUTION OF THE C0M11ISSION OF THE CITY OF BOZ~Uill
\', PROVIDING FOR THE C}Wq'G$ OF NAME OF THE BOZEMAN CEMETERY
, TO SUNSET HILLS CEMETERY, THE -.CQ.UI-BITION BY THE ROMAN
.',.: CATHOLIC BISHOP OF HELENA, MONTANA, A CORPORi\.TION SOLE,
'" ,,' FOR AIID ON BEHALF OF THE HOLY ROSARY PARISH OF BOZENIAN,
MONTANA, OF BUHIAL RIGHTS THEREIN, PROVIDING FOR PER-
M.ANENT CARE OF CEMETERY LOTS, AND A PJjRkll:.NENT FUND
THEREFOR, THE REPEAL OF ORDIlTANCES NOS. 378 AND 41 r; ,.
RELATING TO SAID BOZEMAN CEMETERY AND THE ENACTIvIENT OF
A PROPER ORDINANCE PROVIDING FOR THEMANAGENIENT AND
CONTROL THEREOF, AS HEREIN PROVIDED",
be, and the same are hereby, confirmed;
,
XXX.
PUNISE1ffiNT FOR VIOLATION
That any person violating any of the provisions of this Ordinance,
not heretofore specifically provided for, shall.: be punished by a fine of
not less than Five Dollars ($5.00) and not more than One Hundred Dollars
($lOO.OO); or by imprisonment in ,the: City Jail not exceedil~ thirty (30)
_ ~. _'~ 0.a~'s, or both fine and imprisonment;
-;;.---'"---,~ ~ XXXI.
'--- . FINE OR ThIPRISONN.LENT
, -... - That~. judgment that the defendant pay a fine may also direct
that he be imprisoned until the fine be satisfied in the proportion of
one day's imprisonment for each Two Dollars ($2.00) of the fine;
XXXII.
REPEAL
That Ordinance No. 3'78 and Ordinance No. 41'7, and all Ordinances,
or parts of Ordinances (Section 24 of Ordinance No.524), in conflict with
the provisions of this Ordinance are hereby repealed, PROVIDED, that
nothing herein contained shall invalidate any of the proceedings heretofore
had under and by virtue of said Ordinances heretofore in force;
XXXIII.
DATE OF EFFECT OF ORDINANCE
That this Ordinance shall be in full force and effect upon the
expiration of thirty days from its final passag"e;
Finally passed by the Commission of the City of Bozeman at a
regular session of the COImnission held on the 2'7th day of March, 1931.
~~(r
. , . Mayor
.A.<t" est:
,>~',~e~~'
" -.... -
, .
" - -
':' ,p._ Introduced and read for the first time and provisionally pa'ssed
~ " ~
'f;
by the Conunission of the City of Bozeman the 20th day of March, 1931.
Final passage fixed at a regular session of the Commission to
'"
282,
\
I
, beheld March 2'7th, 1931.
Published in the Bozeman Daily Chronicle March 31st, 19'31.
Ef.fective date, Apri1,26tb, 1931.
Memo: Thi.S Ordinance i.S .passedPursuant to the provisions of I.'
Section 5039, paragraph 46, and Sections 5168 to 51'74,
Political COde,"R. Ce, M. 1921.
(See Ord inance 143),-
I, Elizabeth Johilson, Clerk of the Commission of the City of
Bozeman, Montana, do hereby certify that the foregoing Ordinance No. 604 of
the City ;of Bozeman, was publ ished by title in the Bozeman Daily Chronicle,
a da ily ne'wspaper of general c irculat ion print ed and published in said C1 ty
of Bozeman, in the issue of March 31st, and that due proof of said pub-
licat ion vra,s made and filed in I4Y,o'f1.'ice. .
IN WITlm~S WHEREO]' I have he~eul1to set my hand and the corporate
seal of sa:i,d City 1{'{iis/5lst'day of Marc,h, 1931. .
.
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