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ORDINANCE NO. 11,509
AN ORDINANCE REQUIRING PERSONS HAVING DEAD BURIED
IN THE BURIAL GROUNDS SITUATED IN PART OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 1, TOWNSHIP 1 NORTH, RANGE 13 WEST, IN
PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID SE J4 NE 4; THENCE NORTH 00 07' EAST
25 FEET TO A POINT; THENCE NORTH 880 30' WEST
ALONG THE NORTH RIGHT OF WAY LINE OF WEST CAPITOL
AVENUE 520.8 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 00 27' WEST 125.0 FEET; THENCE NORTH 880 30'
WEST 212.0 FEET; THENCE SOUTH 00 27' EAST 125.0
FEET; THENCE SOUTH 88 30' EAST ALONG THE NORTH
RIGHT OF WAY LINE OF WEST CAPITOL AVENUE 212.0
FEET TO THE POINT OF BEGINNING, IN THE CITY OF
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, TO CAUSE
THE SAME TO BE REMOVED AND BURIED IN A CEMETERY
IN PULASKI COUNTY, ARKANSAS, AFFORDING PERPETUAL
CARE; DECLARING SIX MONTHS TO BE A REASONABLE TIME
FOR SUCH REMOVAL; PROVIDING FOR PUBLICATION OF
THIS ORDINANCE; AND AUTHORIZING AND DIRECTING
°.EMOVAL AND REINTERMENT OF THE REMAINS OF ALL SUCH
PERSONS AS CAN BE FOUND INTERRED IN THE SAID BURIAL
GROUNDS SUBSEQiE NT TO SUCH PUBLICATION AND EXPIRA-
TION OF SAID REASONABLE TIME; AND FOR OTHER PURPOSES.
WHEREAS, the burial grounds situated in Little Rock,
Pulaski County, Arkansas, to -wit:
Part of the Southeast Cuarter of the Northeast Quarter
of Section 1, Township 1 North, Range 13 West, in
Pulaski County, Arkansas, more particularly described
as follows: Commencing at the Southeast corner of said
SE-14 NE-I4; thence North 00 07' East 25 feet to a point;
thence North 880 30' West along the North right of way
line of West Capitol Avenue 620.8 feet to the point of
beginning; thence North 00 27' West 125.0 feet; thence
North 88 30' West 212.0 feet; thence South 00 27' East
125.0 feet; thence South 880 30' East along the North
right of way line of West Capitol Avenue 212.0 feet to
the point of beginning, in the City of Little Rock,
Pulaski County, Arkansas,
which cemetery is sometimes known as Rock Creek Cemetery, are old
burial grounds and are no longer kept up or used as burial grounds
and have been abandoned as such, and no burials have been made there
during the past several years, and same are situated within the
limits of the City of Little Rock, Arkansas; and
WHEREAS, there are numerous unmarked and unknown graves
in the burial grounds aforesaid, and the majority of the graves of
the dead buried therein have sunken considerably at the surface of
the earth, and weeds and rubbish grown and accumulated in the said
burial grounds and the premises thereof are unkept and unsightly;
and
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Page 2
WHEREAS, the burial grounds aforesaid are old and were
established long before the passage of the "Cemetery Act" (Acts
of Arkansas 1953, No. 250), and no fund to preserve and maintain
the said burial grounds was ever either required or provided and
the condition of the said burial grounds has deteriorated to an
extent that the dead buried therein cannot there be accorded the
respect and reverence traditionally accorded the deceased by their
survivors and by the public, and the same is therefore injurious to
the peace and dignity of the community and damages the aesthetic
values and property values of the public and private property
situated in the community, and deters growth, development and
improvement and is therefore detrimental to the public health,
peace, safety and welfare; and
WHEREAS, by the authority vested in the City of Little
Rock, Arkansas, by Acts of Arkansas 1901, No. 102, the City may
require any person, having dead buried in old and abandoned burial
grounds which are no longer kept up or used as such, to cause
removal and burial of the dead in a cemetery affording perpetual
care within a reasonable time; and
WHEREAS, there are ample lawfully registered burial
grounds available which provide perpetual care for the preservation
and maintenance of tr:e graves of the dead buried therein and the
premises thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That the City of Little Rock, Arkansas, here-
by declares the burial grounds located within its limits, situated
in and upon the following described real property located in Little
Rock, Pulaski County, Arkansas, to -wit:
Part of the Southeast Quarter of the Northeast Quarter
of Section 1, Township 1 North, Range 13 West, in
Pulaski County, Arkansas, more particularly described
as follows: Commencing at the outheast corner of said
Page 3.
SE4 NE-4; thence North 00 07' East 25 feet to a point;
thence North 880 30' West along the North right of way
line of West Capitol Avenue 620.8 feet to the point of
beginning; thence North 00 27' West 125.0 feet; thence
North 88 30' West 212.0 feet; thence South 00 27' East
125.0 feet; thence South 880 30' East along the North
right of way line of West Capitol Avenue 212.0 feet to
the point of beginning, in the City of Little Rock,
Pulaski County, Arkansas,
to be old and abandoned burial grounds which are no longer kept
up or used as such and that same are detrimental to the public
health, peace and welfare.
SECTION 2. That all persons having dead buried in the
burial grounds described in Section 1 of this Ordinance are here-
by required to cause the same to be removed and buried in a ceme-
tery affording perpetual care by or before the expiration of a
period of six (6) months from the date of the final passage and
approval of this Ordinance.
SECTION 3. That the City of Little Rock, Arkansas, here-
by declares the six (6) month period after final passage and approval
of this Ordinance, within which time persons having dead buried in
the burial grounds described in Section l of this Ordinance are
required to cause the same to be removed and buried in a cemetery
affording perpetual care, as prescribed by Section 2 of this
Ordinance, to be reasonable time for such removal and burial beyong
the limits of the City of Little Rock, Arkansas.
SECTION 4. The City Clerk of the City of Little Rock,
Arkansas, is hereby directed to cause the publication of this
Ordinance in the mode and manner now prescribed by law.
SECTION 5. After the publication of this Ordinance as
required by Section 4 of this Ordinance, and after the expiration
of the reasonable time of six (6) months after final passage and
approval of this Ordinance within which time any person having dead
buried in the burial grounds are by this Ordinance required to
cause the removal and burial of same in a cemetery affording per-
petual care, then in accordance with that part of Acts of Arkansas
Page 4.
1901, No. 102, providing that the City of Little Rock, Arkansas,
may itself then have the remains of all such persons as can be
found removed and buried as therein provided, the lawful owners
of the real property where the burial grounds are situated are
hereby authorized and directed by the City of Little Rock, Arkansas,
to remove the remains of all such persons as can then be found
interred in the said burial grounds and have same buried in a
cemetery providing perpetual care.
Such removal and reinterment authorized by this section
of this Ordinance shall be carried out by the lawful owners of the
real property described in Section 1 of this Ordinance at the expense
nd suitable
of the said lawful owners in a customary, appropriate a
manner under the supervision and direction of persons, firms and /or
raves and grave markers
corporations ex P erienced in the removal of g
and monuments, and such reinterment may be in any cemetery in
P laski County, Arkansas, provided said cemetery provides perpetual
u
care.
SECTION 6. That the provisions of this Ordinance are
hereby declared to be separable, and if any section, part thereof,
phrase or provision shall be declared invalid, such invalidity shall
not affect the validity of the remainder of this Ordinance.
SECTION 7. That all Ordinances and Resolutions and parts
thereof in conflict herewith are hereby repealed to the extent of
such conflict.
SECTION 8. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED: August 39 1964
ATTEST: %�Cv..wkc
City
APPROVE..
Assistant: Mayor