2005 Ordinances - Laserfiche WebLink

Home Browse Search

ORDINANCE 1IO.2005~9 .. . AN ORDINANCE TO AMEND CHAPTERS 9 AND 11.5 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 9-26, 9-29, AND 9-41, BY ENACTING NEW SECTIONS 9-29.1 AND 11.1-9, AND BY REPEALING DIVISIONS 2,3 AND 4 OF ARTICLE II THEREOF PERTAINING TO CEMETERY PERPETUAL CARE AND BURIAL FEES AND CHARGES. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Sections 9-26, 9-29, and 9-41 of the Code of the City of Portsmouth, Virginia (1988) be amended and reordained to read as follows: Sec. 9-26. Burial grounds, city cemeteries designated. (a) The burial ground at Glasgow Street and Fort Lane shall be known as "Cedar Grove Cemetery." The burial ground at London Boulevard and Peninsula Avenue shall be known as "Oak Grove Cemetery." The burial grounds adjoining City Park and Clifford Street shall be known as "Olive Branch Cemetery," and "Olive Branch Annex Cemetery. " (b) Cedar Grove Cemetery, Oak Grove Cemetery, and Olive Branch Cemetery are hereby designated as city cemeteries. For the purposes of this chapter, the term "city cemeteries" shall mean only those cemeteries so designated in this section. . Sec. 9-29. Perpetual care of city cemeteries; cemetery trust fund. (a) The City shall, in perpetuity, maintain in good order, free from weeds and undergrowth, the city cemetery grounds of Cedar Grove Cemetery, Oak Grove Cemetery, and Olive Branch Cemetery. The City shall also maintain the monuments and stones of said city cemeteries in an upright position so long as the same continue intact. (b) There is hereby established a cemetery trust fund having an initial nonexpendable corpus of $1,000,000. The amount of the nonexpendable corpus may be increased at any time. There shall also be added to the trust fund all sums from burial permit fees, donations, legacies, and other funds received from any other source for the care of city cemeteries. (c) The nonexpendable portion of the cemetery trust fund shall be invested in securities authorized pursuant to the provisions of section 26-40 of the Code of Virginia for funds administered by fiduciaries. The income derived from such investment of these funds shall be paid as received into the treasury of the city. The investment income and any funds not included in the nonexpendable corpus of the trust shall be utilized solely for capital improvements to the city cemeteries. . (d) The city treasurer shall have custody of such funds and shall be responsible for the same under his official bond. The city treasurer and the chief financial officer