CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 2. MILTONVALE CEMETERY

The mayor, by and with the consent of the council, shall appoint a sexton to the Miltonvale Cemetery, who shall be under the direction and control of the council committee of cemetery. The sexton shall at all times keep the cemetery in good and presentable condition and oversee all improvements therein.

(Code 1956, 4-101)

(a)   The city clerk shall have the sale of the lots in the cemetery. Such lots shall be conveyed by certificates signed by the mayor and countersigned by the city clerk, under the seal of the city, specifying that the purchaser to whom the same is issued is the owner of the lot or lots described therein in fee simply for the sole purpose of interment.

(b)   The price of such lots shall be as fixed by resolution. The price of the lot shall be paid before a permit is issued for interment therein.

(Code 1956, 4-102)

No person other than the sexton or persons working under his or her direction shall inter or disinter anybody in the Miltonvale Cemetery. The following fees are required to be paid to the Sexton or the City Clerk:

(a)   For opening and closing a standard grave exceeding five feet in length, a charge of $250 per/grave will be assessed. For services held on a weekend or holiday the charge of $350 per/grave will be assessed.

(b)   For opening and closing a standard grave less than five feet in length, a charge of $125 per/grave will be assessed. For services held on a weekend or holiday the charge will be $175 per/grave.

(c)   For opening and closing a cremation urn burial - $50.00. For services held on a weekend or holiday the charge will be $75.00.

(d)   For opening and closing a cremation vault burial - $100.00. For services held on a weekend or holiday the charge will be $125.00

(e)   A charge of $10.00 will be assessed for each stone that is set in the Miltonvale Cemetery.

(Code 1956, 4-103; Ord. 429; Ord. 538; Code 2017)

All funds arising from the sale of lots or interment permits of the Miltonvale Cemetery shall be applied to the care and beautification of such cemetery, and the expenses incidental to the maintenance thereof or placed in the endowment fund thereof.

(Code 1956, 4-104)

The endowment fund created by Ordinance No. 227, is hereby continued and such fund shall be administered in the manner provided by the laws of the State of Kansas.

(Ord. 227; Code 1956, 4-105)

(a)   The sexton shall fix the site for location of any tomb or monument and shall locate the same thereon. All monuments, grave markers, or foot stones shall be set in the center of a cement or cement concrete base or foundation not less than six inches larger each way than the same and the top of such foundation shall be level with the ground at the highest point. The sexton or persons working under his or her direction shall construct all such foundations and shall charge therefore an amount per cubic foot of each foundation as the mayor and council may provide. All charges for the construction of such foundations shall be paid to the city treasurer by the sexton for deposit in the general operating fund and taking a receipt thereof.

(b)   The foundation for grave markers and foot stones shall never be less than 12 inches deep; foundations for monuments or stones not exceeding 18 by 30 inches shall be 30 inches deep; foundations for monuments or stones not less than 18 inches by 30 inches and not exceeding 24 inches by 48 inches shall be 36 inches deep. The cement for all such foundations shall be mixed in proportion of not less than one part cement to four parts river sand and no cement concrete shall be used for the top 12 inches of any foundation.

(Code 1956, 4-107)

No person shall erect or build any curbing, fence, or railing or any kind upon any lot in the cemetery. The grade of no lot shall be raised above the natural grade of the ground or the grade established by the sexton.

(Code 1956, 4-108)

The police power of the city is hereby extended over all of the cemetery, and it shall be unlawful for any person willfully to make any unnecessary noise or disturbance, or to cut down, deface, mutilate or injure any lot, tomb, monument, railing, fence, tree, shrub, or other decorations or to permit any animals to be pastured in the cemetery.

(Code 1956, 4-109)

Full length graves shall be required to be interred in one of the following types of vaults: 2-piece cement, steel or fiberglass. The use of surface burial vaults or similar methods of interment in the Miltonvale Cemetery is hereby prohibited. It shall be the duty of the city superintendent to enforce these provisions.

(Ord. 473, Sec. 2)

All matters not specifically provided for herein shall be governed and controlled by rules and regulations made by the committee of cemetery and approved by the mayor and council, which rules and regulations may be at any time changed, amended or repealed by a majority vote of the council and approved by the mayor.

(Code 1956, 4-110)