20508I ORDINANCE NO. 20,508
2
3 AN ORDINANCE TO AMEND CHAPTER 9 OF THE CODE OF
4 ORDINANCES TO REVISE THE NAME OF THE OAKLAND -
5 FRATERNAL CEMETERY AND THE CEMETERY BOARD; TO
6 INCREASE THE NUMBER OF BOARD MEMBERS; TO BROADEN THE
7 CRITERIA FOR ELIGIBILITY FOR APPOINTMENT TO THE
8 OAKLAND - FRATERNAL CEMETERY BOARD; TO REMOVE
9 INCONSISTENCIES; AND FOR OTHER PURPOSES.
10
11 WHEREAS, on February 5, 2008, the City Board of Directors, pursuant to a request from the
12 Oakland- Fraternal Cemetery Board, passed Ordinance No. 19,919 to amend the Cemetery Chapter of the
13 Little Rock, Ark. Code of Ordinances, Chapter 9, Article III, Section 9 -97 to add "the descendants of lot
14 owners" as eligible for appointment to such cemetery board; and,
15 WHEREAS, since that time, due to the small number of lots remaining to be sold from the Oakland -
16 Fraternal Cemetery, the Cemetery Board wishes to broaden its ability to emphasize and promote the park
17 setting of the cemetery, its historic nature, and the importance of the landmark that it has become to
18 enable it to better obtain grants and other sources of funding; and,
19 WHEREAS, the Cemetery Board recently voted to recommend to the Board of Directors certain
20 changes in the Cemeteries and Crematories Chapter of the Code of Ordinances, including a change in the
21 name of "Oakland- Fraternal Cemetery" and "Oakland- Fraternal Cemetery Board" to "Oakland- Fraternal
22 Historic Cemetery Park" and "Oakland- Fraternal Historic Cemetery Park Board "; and,
23 WHEREAS, the cemetery board voted to recommend an increase of two (2) members in their Board
24 to accomplish their additional responsibilities; and,
25 WHEREAS, the Oakland - Fraternal Cemetery Board voted to recommend that the Board of Directors
26 provide additional flexibility in the eligibility of persons to serve on the cemetery board so that, despite a
27 preference for lot owners and descendants to serve on the Cemetery Board, all persons positioned to
28 advance the promotion of the historic cemetery park may be considered for membership on such Board;
29 and,
30 WHEREAS, various inconsistencies in Chapter 9 should be addressed and clarifications made; and,
31 WHEREAS, the City now finds it necessary and desirable to make the recommended changes to the
32 Cemeteries and Crematories Chapter of the Code of Ordinances;
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I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
2 OF LITTLE ROCK, ARKANSAS:
3 Section 1. Section 9 -5 of Article I of Chapter 9 of the City of Little Rock Code of Ordinances is
4 hereby amended by deleting the existing language and replacing it with the following provision:
5 Sec. 9 -5. Floral Arrangements; Removal.
6 It shall be unlawful for any person in charge of any cemetery, or employee
7 therein, to cause or permit any floral arrangement, moss or other substance used in the
8 making and filling of the same, when such floral arrangement has been once placed upon
9 or adjacent to the grave of any person buried in such cemetery, or in any vault in such
10 cemetery, to be removed from such cemetery, except for the purpose of destroying or
11 composting such floral design, moss or other substance used in making and filling the
12 same. Except for artificial flowers, which shall be removed and disposed of after they
13 become dilapidated, discolored, or unseasonable, it shall be the duty of the person in
14 charge of every cemetery to destroy, or cause to be destroyed by fire, composting or
15 disposal with other solid waste, all floral arrangements, together with the moss and other
16 substances used in making and filling the same, within ten (10) days after such floral
17 arrangement has been placed upon or adjacent to the grave of any person buried within
18 such cemetery, or in any vault in such cemetery.
19 Section 2. Section 9 -28 of Article II of Chapter 9 of the City of Little Rock Code of Ordinances is
20 hereby amended by deleting the existing language and replacing it with the following provision:
21 Sec. 9 -28. Permit; Plans and Specifications.
22 Before a building permit is issued for the construction of a crematory, the plans and
23 specifications shall be approved by the City Department designated by the City Manager.
24 Such construction plans and the operation of the crematory shall also comply with all
25 applicable state environmental standards.
26 Section 3. Section 9 -48 of Division 1, Article III of Chapter 9 of the City of Little Rock Code of
27 Ordinances is hereby amended by deleting the existing language and replacing it with the following
28 provision:
29 Sec. 9 -48. Cemetery Manager.
30 The City Manager, with the approval of the cemetery's Board of Directors,
31 except where appointment is otherwise authorized by ordinance, shall appoint or provide
32 for the appointment of a Cemetery Manager for each of the municipally operated
33 cemeteries. A Cemetery Manager shall take charge of the cemetery of which he is
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I appointed manager and keep it in proper order. A Cemetery Manager may delegate his
2 duties to a municipal employee.
3 Section 4. Division 2, Article III, of Chapter 9 of the City of Little Rock Code of Ordinances is
4 hereby amended by deleting each reference to "Oakland- Fraternal Cemetery" and replacing it with the
5 name "Oakland- Fraternal Historic Cemetery Park" and by deleting each reference to "Oakland- Fraternal
6 Cemetery Board" and replacing it with the name "Oakland- Fraternal Historic Cemetery Park Board ".
7 Section 5. Section 9 -76 of Division 2, Article II of Chapter 9 of the City of Little Rock Code of
8 Ordinances is hereby amended by deleting the existing language and replacing it with the following
9 provision:
10 Sec. 9 -76. Use of Funds.
11 All moneys derived from the cemetery shall be set apart and kept upon the books
12 of the Oakland - Fraternal Historic Cemetery Park. Such moneys shall not be used for any
13 other purpose than for the improvement and benefit of the cemetery. The City's Treasury
14 Services Manager shall direct the investments in the operating and perpetual care
15 accounts of the Oakland - Fraternal Historic Cemetery Park.
16 Section 6. Section 9 -77 of Division 2, Article II of Chapter 9 of the City of Little Rock Code of
17 Ordinances is hereby amended by deleting the existing language and replacing it with the following
18 provision:
19 Sec. 9 -77. Fixing Price of Lots, Graves; Sale of lots and Graves.
20 (a) The Oakland- Fraternal Historic Cemetery Park Board may establish the price
21 of lots and graves to be sold by the City in the cemetery.
22 (b) In all cases of sales of lots and graves in the cemetery made by the cemetery
23 board, a written memorandum thereof describing the lot or grave, and giving the name of
24 the person to whom the sale was made, together with the amount to be paid therefore,
25 shall be made out and signed by an employee of the cemetery, accompanied by a receipt
26 for the payment of the purchase money thereof. Upon presentation and filing of the same
27 with the City Clerk, a deed for such property shall be prepared by the City Clerk. In no
28 case shall a person be permitted to purchase more than two (2) burial lots, or an
29 organization be permitted to purchase more than five (5) burial lots, without special
30 permission of the Board of Directors. The Cemetery Board may charge and collect ten
31 dollars ($10.00) for each transfer of deed.
32 Section 7. Section 9 -78 of Division 2, Article II of Chapter 9 of the City of Little Rock Code of
33 Ordinances is hereby amended by deleting the existing language and replacing it with the following
34 provision:
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I Sec. 9 -78. Maintenance Charges.
2 (a) The Oakland - Fraternal Historic Cemetery Park Board may charge the owners
3 of each cemetery lot for which perpetual care has not been paid an annual fee not the
4 exceed the sum of twenty -five dollars ($25.00). Fees so collected shall be used for the
5 upkeep and improvement of all lots, and the surrounding area of such lots, for which
6 perpetual care has not been paid.
7 (b) If any such care charge applicable to an unused lot shall remain unpaid for a
8 period of three (3) years, the Cemetery Board may declare a forfeiture of the record
9 owner's right of interment in the delinquent lot and thereupon grant and convey the right
10 of interment therein to another upon payment of the applicable purchase price for such lot
11 together with the purchase price of perpetual care.
12 Section 8. Section 9 -79 of Division 2, Article II of Chapter 9 of the City of Little Rock Code of
13 Ordinances is hereby amended by deleting the existing language and replacing it with the following
14 provision:
15 Sec. 9 -79. Contracts.
16 No contract involving the cemetery shall be binding or of any force unless
17 approved by a majority of the members of the Oakland- Fraternal Historic Cemetery Park
18 Board.
19 Section 9. Section 9 -80 of Division 2, Article II of Chapter 9 of the City of Little Rock Code of
20 Ordinances is hereby amended by deleting the existing language and replacing it with the following
21 provision:
22 Sec. 9 -80. Burials.
23 It shall be unlawful for any person to bury, or cause to be interred, the body or
24 remains of any deceased person in the cemetery except under the direction of a licensed
25 funeral director.
26 Section 10. Section 9 -97 of Division 2, Article II of Chapter 9 of the City of Little Rock Code of
27 Ordinances is hereby amended by deleting the existing language and replacing it with the following
28 provision:
29 Sec. 9 -97. Members.
30 The Oakland - Fraternal Historic Cemetery Park Board shall consist of nine (9)
31 members who preferably should be lot owners or descendants of lot owners therein.
32 Members of the Cemetery Board shall be appointed by the Mayor subject to approval of
33 the Board of Directors. The terms of the members shall be for three (3) years and until
34 their successors are appointed and qualified. Vacancies for any unexpired term shall be
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filled in the same manner as herein provided for the original appointment of members.
Appointees to fill vacancies shall serve for the unexpired terms.
Section 11. Section 9 -101 of Division 2, Article II of Chapter 9 of the City of Little Rock Code of
Ordinances is hereby amended by deleting the existing language and replacing it with the following
provision:
Sec. 9 -101. Reports of the treasurer.
The Treasurer of the Oakland - Fraternal Historic Cemetery Park Board shall make
annual reports as of December 31" of each year, giving in detail the amount of all receipts
and expenditures. Such report shall be made in duplicate to the Cemetery Board. After
the reports are examined by the Cemetery Board, the Cemetery Board shall transmit a
copy, with its approval or disapproval, to the City Board of Directors on or before March
I" of each year. One (1) of the reports shall remain on file with the City Clerk, and the
other is to be kept by the Cemetery Board.
Section 12. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and
effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
ordinance.
Section 13. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby
repealed to the extent of such conflict.
PASSED: December 6, 2011
ATTEST:
An n a ley, Ciiy Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Ci Attorney
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APPROVED:
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Mark Stodola, Mayor