Ordinance 079CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 79
AN ORDINANCE ESTABLISHING A CITY CEMETERY AND
PROVIDING FOR THE CONTROL, MANAGEMENT AND
OPERATION OF SUCH CEMETERY
THE CHANHASSEN CITY COUNCIL ORDAINS:
Section 1. Establishment as City Cemetery: The Chanhassen
Pioneer Cemetery (also sometimes referred to as Chanhassen Cemetery),
as acquired by the City of Chanhassen, Minnesota, by deed dated Sept.
13, 1984 , is hereby established as a city cemetery and shall be
controlled, managed and operated as set forth herein.
Section 2. Cemetery Description: The Cemetery shall consist
of the following described tract of land in Carver County, Minnesota,
to -wit:
Commencing at a point on the quarter section line
239.25 feet East of the Southwest corner of the Northwest
Quarter of Section 15, Township 116, Range 23; thence
North 330 feet to a point; thence East 165 feet to
a point; thence South 330 feet to a point on the quarter
section line; thence West 165 feet to the place of
beginning.
Section 3. Cemetery Grave and Lots: Lots and individual graves
shall be created within the Cemetery, and the surveys or maps and
records covering those lots and graves shall be kept by the City
Clerk.
"Grave" is defined as that area within a lot as defined below
in which one body, or four (4) urns or cremated bodies may be buried.
"Lot" is defined as one of the one hundred (100) -separately
numbered parcels as shown on the plat of Chanhassen Cemetery dated
December 12, 1903, and filed for record with the Carver County
Recorder's Office on May 8, 1907, in Book B of Plat. Cert., Pg. 122.
The dimensions of Lots 1-10 inclusive are 10.0 feet wide and 13.5
feet long and contain four (4) graves each size plotted and numbered
Graves 1-4 from north to south consecutively. The dimensions of Lots
11-81 inclusive are 10.0 feet wide and 30.0 feet long and contain
eight (8) graves each plotted and numbered Graves 1-8 north to south
consecutively. The dimensions of Lots 91-100 inclusive are 10.0 feet
wide and 15.0 feet long and contain four (4) graves each plotted
and numbered Graves 1-4 from north to south consecutively.
•
Section 4. Cemetery Custodian: The management of the Cemetery
and the direction and control of the operation, care and maintenance
thereof shall be vested in a Cemetery Custodian, who shall be
appointed by -the City Manager and have such duties and powers as
the Council shall prescribe.
Section 5. Sale of Lots: All graves and lots shall be purchased
at the City Clerk's Office at the City Hall, Chanhassen, Minnesota.
All graves and lots shall be sold in consecutive order or as deter-
mined by the City. The prices of Cemetery lots or graves shall be
determined from time to time by City Council resolution.
Upon full payment of the purchase price of a grave or lot, the
City Clerk shall issue a Cemetery Deed conveying the grave or lot,
said Deed to be executed by the Mayor and Clerk and it shall be
recorded in the Cemetery records of the City.
The purchaser, for himself, his heirs, successors and assigns
shall expressly agree in that Deed that his rights are subject to
such reasonable rules and regulations as the City Council may adopt
and relative to the use and maintenance of the Cemetery.
Section 6. Maintenance and Perpetual Care Funds: All income
received by the City for grave or lot purchase price and monies from
• the former Chanhassen Cemetery Association shall be receipted to
the hereby created Chanhassen Pioneer Cemetery Fund maintained and
kept by the City. Expenditures from the Cemetery Fund shall be used
solely for the purpose of defraying the cost of caring for, main-
taining and improving the Cemetery lots; expansion; or other cemetery
purposes as determined by the Chanhassen City Council. Any income
so received in excess of the amount necessary to pay for the care
and beautification of the lots or any income not spent in any year
for this purpose shall remain in the Cemetery Fund. The City Manager
shall report on a yearly basis, through the budgetary process or
other reporting form established by the council, the financial status
of the cemetery fund.
•
Section 7. Interment Requirements:
7.01. No interment shall be permitted in any lot in the City
Cemetery until the requirements of all state statutes and city
ordinances and regulations regarding interments have been met.
7.02. In addition to those provided herein, the City Council
may from time to time adopt reasonable regulations establishing
interment standards and requirements.
Section 8. Interment Fees: Interment fees, to defray custodial
costs shall be determined from time to time by the City Council.
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• Section 9. Transfer of Lots: No Cemetery graves or lots may
be sold, assigned, conveyed or otherwise disposed of, except by will
or operation of law, without the approval of the City. The City
retains the first option to repurchase a Cemetery grave or lot at
the price paid or then currect price, whichever is lower. The City
may use any of its funds or any cemetery funds for such repurchase
and may hold such grave or lot, or again sell and convey the same.
Section 10. Monuments, Markers, and Plantings: In addition to
those standards provided herein, the City Council may from time to
time adopt regulations establishing standards and requirements regu-
lating the type, location, size, material, number, the manner of
placement and installation, and removal of monument markers, and
plantings permitted with the City Cemetery to the extent not estab-
lished by this ordinance, and may prohibit the placement of new
monuments. Specific monument and marker standards now provide:
a. Every monument and marker shall be placed in the space as
shown on the Cemetery plat or as directed by the City of
Chanhassen. No monument or marker may be placed unless its
location has been approved by the City and the full purchase
price of the grave has been paid.
b. No monument or marker may be constructed of limestone,
• sandstond, wood, or other materials which will not assure
relative permanency.
C. All markers or monuments shall be level with the surface
of the ground and placed on a suitable foundation. An apron
of at least six (6) inches in width shall be placed around
said marker or monument, which shall be made of concrete,
which apron shall also be level with the surface of the
ground, and which shall be affixed to the marker so as to
prevent grass, weeds, or other vegetation from growing
between the marker and apron.
These regulations and those that may be established by the City
Council shall not affect monuments or markers or plantings in exis-
tence as of April 15, 1985, except in those instances where such
monuments or markers or plantings have become unsafe.
Section 11. Foundations: All monuments and markers shall be
placed on foundations of solid masonry at a depth and size so as
to assure no settling or movement of the marker or monument.
Section 12. Installation of Monuments or Markers:
12.01. Persons engaging in placing monuments and markers shall
provide adequate planking to protect turf and shall remove materials,
equipment and refuse immediately upon completion of work.
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a
• 12.02. The lot owner, his heirs, successors or assigns are
responsible for any failure to abide by this regulation and shall
pay for any and all charges or damages resulting.
12.03. The lot owner, his heirs, successors or assigns are also
responsible for any and all damage resulting from injury or damage
to the Cemetery or other lots during the excavation of the grave
site or recovering thereof.
12.04. Contractors and others engaged in such work must notify
the City before beginning the same. All work in the Cemetery, of
whatever kind, must be carried on subject to the direction and con-
trol of the City. No monument or marker may be placed in the Cemetery
until a written authorization therefore has been issued by the City.
Section 13. Vaults and Mausoleums: Vaults and mausoleums are
not permitted in the Chanhassen Pioneer Cemetery except on special
permit granted therefore by the City Council.
Section 14. Improvements: Natural plants, shrubs and flowers
in containers only may be placed on the Cemetery lots. No trees,
vines, flowers, plants or shrubs may be planted, no fences erected,
nor shall unnatural flowers, shrubs or plants be placed on the
Cemetery lot. The City reserves the right to remove any tree, shrub,
• vine, plant or flower which may become unsightly dangerous or not
in keeping with the landscaping design of the Cemetery or this sec-
tion. The foregoing prohibition shall not, however, apply to the
City of Chanhassen.
Section 15. Duties of Actuary: The City Clerk shall be the
actuary of the Cemetery and shall, in addition to other records and
duties, keep a register of all interments and disinterments including
the name, age, place of birth and residence, marital status, name
and address of nearest relative, veteran status, cause of death and
time and place of interment, disinterment and reinterment. The Clerk
shall also notify the Commissioner of Veteran's Affairs of the
interment of a veteran as required by law. It is the specific duty,
however, of the lot owner and/or funeral director handling the
funeral to acquire the above information and supply the City Clerk
with same. Said information shall be supplied to the City Clerk prior
to interment.
Section 16. Hours Open to the Public: The Cemetery will be open
to visitors during the hours of sunrise to sunset. Permission to
enter at other times shall be secured from the City.
Section 17. General Conduct Regulations:
17.01. No persons may discharge any firearm or have possession
of any firearm within the Cemetery grounds except honor guards giving
• a rifle salute.
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17.02. No person may remove any object from any place in the
Cemetery or make any excavation without the consent of the City.
17.03. No person may obstruct any drive or path in the Cemetery
or in any way injure, deface or destroy any structure, grave, flower,
tree or other thing in the Cemetery.
17.04. No person may drive any vehicle faster than a walk within
the Cemetery, nor drive over any path or roadway not authorized by
the City.
17.05. No person may disturb the quiet of the Cemetery by noise
of improper conduct of any kind, nor permit any animals to run at
large in the Cemetery.
Section 18. Rights Reserved to City: The City reserves the right
to remove all monuments and all markers, flowers, plants, trees,
decorations or other similar things without liability to the owner
whenever any of these objects becomes unsafe or unsightly, or fails
to meet the standards, rules or regulations of the Cemetery as pro-
vided for herein.
Section 19. Penalty for Violations: Any person violating any
provision of this ordinance is guilty of a misdemeanor and shall
be punished by a fine of not to exceed $500.00 and by imprisonment
so for a period not to exceed ninety (90) days.
40
Section 20. Effective Date: This ordinance shall become effec-
tive from and after its passage and publication.
ATTEST:
Don Ashworth '
City Clerk/Manager
Th mas L. Hamilton
Mayor
(Published in the Carver County Herald on
[ summary ordinance]
Ws
April 24 1985).
city 0 Chanhassen
(Of&W POWadeja)
MY OF gRANHASSEN
CAVER AND 82NNEM COUNTWS,
1f11W4El MA
ORD CE NO. 71 :.
AN ORDINANCE 88TABLISHWG A
CITY CX)W=YrZMM
OYIDitNG FOR TIE
CONTROX,, =AANP OPERATION
.. OF SUCIK IME�'g�ttY
-On April 15,' 1985, the Chanhassen City Cowwil
adopted a Cemetery Ordinance. This summary is be-
'�blished in lieu of: publicatt� of the entire or-
dinance. of the ordinance is available
for inspect by .any. person =aT=0fm'icn
e
hours at the office of the City
Ci !or7,"establihes
all, 690 Coulter I?rive. �
Zhdi�a City Cemeteryon
Galpia.Bl. which shall 'be known as the
Chanhassen Pioneer Cemetery. The ordinance
establishes standards for management and opera-
tion of said cemetery, -;q well as sets fees for pur-
chase of lots and interments.
The penalty section of the 'ordiraance provides that
violations are .a misdemeanor and .snub .to a OW
fine and/or 90 dAys.in jaih Tlw Ce is in full
force conunenca g upan.,it�s
Dea 1ect4; City .Manager
(Pub. Carver County Herald April 24,1965-) ( 844 )
County of Carver
Affidavit of Publication
Carver County Herald
State of Minnesota
)SS.
STAN ROLFSRUD , being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspaper known as the Carver County Herald, and has full
knowledge of the facts herein stated as follows:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as pro-
vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B)The printed Ordinance No. 79 _
- ---_-------____-- -- -_-.--—___--- _hereto attached as a part
hereof was cut from the columns of said newspaper, and was printed and published once each week, for 1 suc-
cessive weeks; that it was first so published on Wed _ the Z 4 _ day ofk-P _r, 19 -8 - and was thereafter printed and
published on every _— __— to and including the day of ,198 d that the following is a printed
copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledg being the size and kind of type
used in the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me on
thi_ .4 --_day of__ _
-- - =- -
No ry Public
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