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Location: cityofbardstown.org > Ordinances Cemetery
Section 92.01 Location § 92.01 LOCATION. The following tracts of land were purchased from the parties to the trustees of the city and their successors in office and recorded in the Nelson County Court Clerk's office for the purpose of a cemetery and called the Bardstown Cemetery, and so designated in all deeds to purchasers of lots therein under the provisions and regulations hereinafter prescribed: Joseph Hart and James M. Doom, Deed Book 38, page 537, dated December 27, 1852; E.C. Clark, Deed Book 37, page 601, dated December 1, 1871; Tom Moore, Jr., Deed Book 80, page 572, dated September 3, 1914; J.F. Conway, Deed Book 126, page 249, dated July 20, 1950; Edwin M. Hagan, Deed Book 127, page 244, dated May 5, 1952; and subject to a division line agreement between the Archbishop of Louisville on behalf of St. Joseph Church, dated November 28, 1986. § 92.02 HOW DIVIDED AND SOLD. A tract of land described in § 92.01 shall be divided and set apart as heretofore, to wit: (See copy of plat filed with Sexton.) The cemetery is laid off in lots of the following sizes, and sold at the following rates: (A) Single lot in sections 1 - 6 $400. (B) Opening and closing for grave $200. (C) Double opening for grave $200. plus time and materials. (D) Sodding graves $100. (E) Opening grave for urn $60. (F) Baby grave $50. (G) Opening baby grave $60. § 92.03 OFFICE OF THE CEMETERY SEXTON; DUTIES. The Mayor shall appoint a Cemetery Sexton who shall have responsibility for the record keeping and overall management of the cemetery. The Sexton shall accept all calls pertaining to the cemetery; answer questions; forward complaints to appropriate personnel; sell grave spaces; maintain all records of grave spaces and locations; keep a map of the cemetery showing its avenues, walks and lots with numbers thereof; shall keep a record of lots sold and those for sale; maintain accounts payable; accept deposits; work with funeral homes; and maintain filing system. § 92.04 PUBLIC WORKS DIRECTOR DUTIES TO MAINTAIN. The Public Works Director of the city shall cause the boundaries of lots, walks and avenues to be preserved, and shall have charge of all the property of the cemetery and premises; shall plant, maintain and remove trees and other growth on the cemetery property through the Department of Public Works or by independent contractors. § 92.05 CEMETERY COMMITTEE. The Sexton and the Public Works Director shall at the request of the Cemetery Committee of the City Council meet with the Committee at their regularly scheduled meetings and at any special called meeting and shall make available for inspection by the Committee all records and information concerning the management of the cemetery. Upon request, they shall also consult and advise the Cemetery Committee as to proposed changes to this chapter which governs the Bardstown Cemetery. § 92.06 DEED OF PURCHASE. (A) Every person purchasing lots of 4 foot by 9 foot size or larger as stated in this article, on the satisfactory payment to the Sexton of the consideration for such lot, shall be entitled to a deed to be issued by the Sexton in the following form: WHEREAS, of County, State of has purchased from the City of Bardstown, Nelson County, Kentucky, a certain lot in the BARDSTOWN CEMETERY hereinafter particularly described and having paid the consideration of Dollars ($ ) therefore, said sum being the price fixed by ordinance: NOW, the City of Bardstown, in consideration of the payment of said sum as shown by the Treasurer's receipt, does through and by its Mayor and Clerk under and by virtue of the authority of the ordinances of said city hereby conveys unto the said h heirs and legal representatives the following described lot in said cemetery to-wit: A lot of the dimensions of x feet, Section No. ; Lot No. Grave No. ; , Mayor
City Clerk
A copy att: Recorded Cem., D.B. page (B) The deed, when so made, before it becomes valid, shall be recorded in full on the Bardstown Cemetery Deed Book of the City Council and approved by them, and the Clerk after recording same, shall deliver the original to the purchaser with his endorsement of the order book and page thereon. The Sexton shall keep a book in which he shall note all transfers of lots are noted and carefully keep a list of all the lots sold and those for sale. § 92.07 TRANSFER OF LOTS. No transfer of any lot shall be permitted, except upon the record books and with the consent of the City Council; and the deed of conveyance made, signed, approved and recorded as aforesaid shall be conclusive proof of ownership, and no person shall have the use of or title to any lot until the same is paid for or satisfactorily arranged. § 92.08 LAND MARKS TO LOTS. It shall be the duty of proprietors of lots to place and keep in repair permanent land marks of the boundaries of their respective lots, and to keep same clean, and all improvements of lots shall be subject to the supervision and control of the Public Works Director. § 92.09 ENCLOSURE OF LOTS; INTERMENTS. No stone or brick walls, entire, or wooden fences shall be erected as enclosures of lots. The proprietor of any lot may erect any proper or suitable stones or monuments thereon. And all interments on private lots shall be made at least 4 feet deep and the graves dug at least 4‑1/2 inches within the line of the lots, and all ornaments that may be erected by individuals on their lots shall be so erected as not to obstruct any of the alleys, avenues or walks.
§ 92.10 DEBRIS FROM ERECTING MONUMENTS. No person erecting monuments, tombs or other structures, shall permit the material or debris therefrom to remain on the ground longer than actually necessary. If any tree or shrub, situated on any lot, shall by means of its roots, branches or otherwise, become detrimental, dangerous or inconvenient to the adjacent lots, walks or avenues, it shall be the duty of the Public Works Director to have same removed. § 92.11 RULES AND REGULATIONS. (A) The city cemetery is subject to the following rules and regulations in order that the maintenance of the cemetery may be kept at a reasonable rate and so that the beautification and order of the cemetery may be maintained. (B) No person shall leave any horse or other animal, whether attached to a vehicle or not, unfastened in the cemetery grounds. No person shall enter the grounds with firearms or dogs, or with refreshments or intoxicating liquors, or ride or drive faster than a walk, or ride or drive upon the grass, or write upon or otherwise injure or deface any monument, headstone, fence, or other structure. No person shall plant nor pluck any flower, either wild or cultivated, any tree, shrub or plant therein, or remove therefrom any plant or flower without the consent of the Public Works Director, and if any person violates the provisions of this section he shall, for each offense, be fined a sum not less than $5 nor more than $100. The Sexton shall see that the provisions of this section are observed, and shall have power to expel from the grounds any person or persons found violating these rules. (1) No trees shall be planted in the cemetery. (2) All evergreens and hedges or bushes of any type must be planted only upon approval of the Sexton to assure their proper location and to prevent over-planting, thereby hindering the upkeep of the cemetery. Also, the bushes, evergreens or hedges of any type shall be kept trimmed and pruned to an appropriate height; the Sexton shall have the authority to do so and may destroy those plants if need be to maintain and beautify the cemetery. (3) All graves in the cemetery shall be kept flat without any mounds. (4) No curbs, fences or any type of construction shall be done around the border of lots in the cemetery. (5) The four corners of each lot may be marked by corner stones of any type, but must be kept level with tip of ground to ensure ease of mowing grass. (6) The daily maintenance, care, and embellishment of the cemetery is under the supervision of the Sexton. (7) No articles allowed that would hinder safety, maintenance and mowing. (8) All vases or other arrangements that are secured to the monument are considered acceptable. (9) No flower arrangements or other articles shall be placed in or on the ground. § 92.12 PERPETUAL CARE AND MAINTENANCE TRUST FUND. (A) The Sexton shall register grave spaces to establish a perpetual care and maintenance trust fund account in a financial institution. A financial institution includes a bank or savings and loan association authorized to do business in the state. This trust fund is an irrevocable trust fund. The income of the funds shall be used solely for general care, maintenance and embellishment of the cemetery, and to pay the cost of examinations by the Attorney General's office. (B) The trustee is the financial institution and it may release income to the cemetery upon receiving adequate certification that money has been spent for the authorized purposes. The agent has the authority to transfer the funds to another trustee upon notification to the Attorney General. In any transfer, the former trustee will transfer the funds directly to the newly designated trustee. (C) The Sexton shall place into the perpetual care and maintenance trust fund of the cemetery in which the item is located, within 30 days after each calendar quarter of operation: 20% of each payment of the gross selling price of each grave space with a minimum of $20 per grave space. Gross sales price does not include interest. The City Clerk, at the time of making deposit or investment, shall furnish to the financial institution the amount of payment for which the deposit or investment is being made.
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