Loading...
HomeMy WebLinkAbout1994.06.20 ORD 1994-292 ORDINANCE NO. 94-292 AN ORDINANCE PROVIDING FOR THE IMPROVEMENT, MAINTENANCE AND REGULATION OF THE WALKER CEMETERY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS: Subd. 1. Walker Cemetery - Historical Background. There is located in the Northwest Quarter of the Northwest Quarter, Section 23 , Township 31 North, Range 21 West, Washington County, Minnesota, a cemetery which appears to have been first established in approximately 1883 . The burials within the cemetery date to the period of about 1883-1895. The Cemetery is located north of 147th Street North and west of Irish Avenue North. The Cemetery was originally known as the "Walker Cemetery. " In approximately 1893 , the land upon which the Cemetery is located was deeded to the Brisson family. Accordingly, the Cemetery has also been known as the "Brisson Cemetery. " Buried within the Cemetery are some of the early settlers of the Hugo (formerly Oneka Township) area. On January 9, 1994 , the "Sunshiners 4-H Club" (who had been caring for the Cemetery for several years) inquired as to whether or not the City would be willing to assist with maintenance of the Cemetery. A search of applicable records indicates that the registered owner of the Cemetery is Ms. Eugenia Culp. Ms. Culp has agreed to donate the Cemetery to the City Subd. 2 . Statutory Authority. The City of Hugo, in enacting this Ordinance and in obtaining the land upon which said Cemetery is located, is acting pursuant to the authority found in M. S. §412 . 221, Subd. 9 and M.S. §306. 246. Subd. 3 . Standard of Care. The maintenance and improvements envisioned herein shall be performed in such manner as the City Council, in its sole and absolute discretion, deems advisable. Subd. 4 . Cemetery Maintenance. It is the intent of the City Council that the Walker Cemetery should be maintained in a neat and clean condition according to the established standard for other historical cemeteries. In determining proper maintenance and upkeep, the City may consult with interested persons and groups including the Washington County Historical Society, the Minnesota Historical Society, the Sunshiners 4-H Club, and the property owners in the area of the Cemetery. The service road leading to the Cemetery shall be maintained in such fashion that maintenance vehicles are allowed proper access the site. Finally, the City may make all other repairs + f, and/or maintenance which are necessary and proper to maintain the Cemetery. Subd. 5. Improvements. The City' s employees, agents, representatives or independent contractors shall have the right to make any improvements as are necessary to the general upkeep of the Cemetery. Said improvements shall first be authorized by the City Council. Subd. 6. Delegation of Responsibility. The City Council may, from time to time, delegate to a private individual, association or group (approved by the City) the right to undertake the repair, maintenance and/or improvement work envisioned herein. Any individual or group so authorized, shall, at least annually, apprise the City Council of the status of the Cemetery. Said annual report may be in writing or delivered orally to the City Council at a City Council meeting. Said report shall advise the Council as to any improvements which need to be made to the Cemetery as well as informing the Council as to the general condition of the Cemetery grounds. Subd. 7 . General Regulations. a. No burials, reinterments, or disinterments present or future shall take place at Walker Cemetery without the prior written approval of the City Council. b. The Cemetery will be open to visitors from dawn to dusk, and at such other times as the Council may establish by resolution. No person shall be on the Cemetery grounds at any other times except with the written permission of the City Council. c. No person may enter or leave the Cemetery except at the gates provided. d. No person may use the Cemetery grounds or the road leading thereto for the parking or driving of any motor vehicle. This provision shall not apply to maintenance vehicles used by City employees or private individuals or groups as appointed by the City Council pursuant to Subdivision 6. e. No person may obstruct any drive or path in the Cemetery or in any way injure, deface, or destroy any structure, grave, tombstone, grave marker, fence, vegetation, or any other thing in the Cemetery. f. No person may remove any object from any place in the Cemetery or make any excavation without the written consent of the City Council. g. No person may disturb the quiet of the Cemetery by noise or improper conduct of any kind. h. No person may discharge any firearm or have possession of any firearm within the Cemetery grounds without the permission of the City Council. i. No person under the age of 18 years may be permitted within the Cemetery unless in the control of an adult. j . No person may allow any animal to run at large in the Cemetery. k. The City reserves the right to remove all monuments, markers, flowers, plants, trees, other vegetation, decorations, fences, or other objects without liability to the owner whenever any of these objects becomes unsafe or unsightly. Subd. 8 . Financing. The City Staff is hereby directed to budget sufficient funds for the purposes established herein. The City Staff is also directed to disburse on an annual basis, or more or less often as is required, said earmarked funds for the purposes described herein. Subd. 9 . Penalties. Any person violating any provision of this Ordinance is guilty of a misdemeanor and shall, upon the conviction, be punished accordingly. Subd. 10 . Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by the Cit Council of the City of Hugo, Washington County, Minnesota, on a.0 , 1994 . CITY OF HUGO: Walter L. Stoltzma , Mayor ATTEST: G , ' Mary Creager, Cid Clerk THIS DOCUMENT DRAFTED BY: Gregory G. Galler ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA 1 ss COUNTY OF WASHINGTON Jan Charais , being duly sworn, on oath says that he or she is the authorized agent and employee of the publisher of the newspaper known as The Times, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements con- CITY OF $LGO stituting qualification as a legal newspaper, as provided by Minnesota Thegn oI�tyco GO Statute 331A.02,331A.07 and other applicable laws,as amended. lic hearing Y Council will hold a ina7:05 cep. .g o consider adoption June 20,19gq at public notice dinanceProvidi f pti nofanor_ (B) The printed mainte ng or the im t Walker Cemetery,dgregulation o of the Pro complete copy of review°romance is ava;lable for Anyone wish.,office of City Cler ordiwhich is attached was cut from the columns of said newspaper, and Posed c t will comment on this pro time. nance be heard at Mary Anncre,ger,City this was printed and published once each week,for nnP successive weeks; it lerk (Published in TIETIMES June 9,l ) _ was first published on Thursday , the 9 day of June , 19 94 , and was thereafter printed and published each week to and including Thursday , the 9 day of June , 1994 . /, Alf1 d S r.ir J►.oJ! „. IrLE: Adminstrative A. ' . 11 Subscribed and sworn to before me on this Ni nth day of June , 19 94 16,Ncwilic to elool. :),() .`� HOWARD D. LESTRUD ; r"lid-. NOTARY PUBLIC • MINNESOTA �", . `: WASitiR1talleit`PC NTY MY COMMISION EXPIRES -. °- 7'244` APRIL 16. 1995 L" (1)Lowest classified rate paid by commercial users for comparable space $ 5.60 col.inch (2)Maximum rate allowed by law for the above matter $ 5.83 col.inch (3)Rate actually charged for the above matter $ 5.60 col.inch (4)Rate actually charged for additional insertions $ col.inch AFFIDAVIT OF PUBLICATION CITT OF HUGO STATE OF MINNESOTA ss COUNTY OF WASHINGTON ORDINANCE NO.94-292 CITY OF HUGO AN ORDINANCE PROVIDING FOR says IMPROVEMENT,MAINTE- being duly sworn, on oath sa s that he or she is NANCE AND REGULATION OF THE WALCITY CO NCILOFCEMETERY the authorized agent and employee of the THE CITY COUNCIL OF THE CITY 9publisher of the newspaper OF HUGO,WASHINGTON COUNTY, MINNESOTA,AINASFOLLOWEBYOR- known as The Times, and has full knowledge of the facts which are stated OR- DAIN AS FOLLOWS: Subd.1.Walker Cemetery—Histori- cal Background.There is located in the below: Northwest Quarter of the Northwest Quarter,Section 23,Township 31 North, Range 21 West, Washington County, Minnesota,a cemetery which appears to (A)The newspaper has complied with all of the requirements con have been first established in approxi- mately 1883.The burials within the cem- stituting qualification as a legal newspaper, as provided by Minnesota etery date to the period of about 1883- 1895.The Cemetery is located north of 147th Street North and west of Irish Ave- Statute 331A.02, 331A.07 and other applicable laws, as amended. nue North. The Cemetery was originally known (B) The printed (u as the Walker Cemetery. In approxiL. - mately 1893, the land upon which the Cemetery was deeded to the Brisson family.Accordingly,the Cemetery has also been known as the Brisson Ceme- tery. Buried within the Cemetery are some of the early settlers of the Hugo which is attached was cut from the columns of said newspaper, and (formerly Oneka Township)area. On January 9, 1994,the Sunshiners 4- H Club' (who had been caring for the was printed and published once each week, for successive weeks; it Cemetery for several years)inquired as to whether or not the City would be will- Was first published on the day of ing to assist with maintenance of the Cemetery. A search of applicable rec- ordsindicatesthattheregisteredowner 19and was thereafter printed and published each of the Cemetery is Ms. Eugenia Culp. Ms.Culp has agreed to donate the Ceme- to week to and including , the day of 5d.2.Statutory Authority.The City Igo,in enacting this Ordinance and ...obtaining the land upon which said 19 Cemetery is located,is acting pursuant etipeit•To atedue 41440)-- - • . to the authority found in M.S. Section 306.246. Subd.3.Standard of Care.The mainte- nance and improvements envisioned herein shall be performed in such man- ner as the City Council,in its sole and TITLE: n+ absolute discretion,deems advisable. Subd.4.Cemetery Maintenance.It is the intent of the City Council that the Walker Cemetery should be maintained Subscribed and sworn to before me on in a neat and clean condition according to the established standard for other his- e torical cemeteries in determining prop- er maintenance and upkeep, the City Ha of - •t , 19 may consult with interested persons and or path in the Cemetery or in any way in- groups including the Washington County jure, deface, or destroy any structure, 6 _ � Historical Society, the Minnesota His- grave,tombstone,grave marker,fence, �� � torical Society,the Sunshiners 4-H Club, vegetation, or any other thing in the and the property owners in the area of Cemetery. the Cemetery.. f. No person may remove any object The service road leading to the Ceme- from any place in the Cemetery or make Notary Public tery shall be maintained in such a fash- any excavation without the written Gon- ion that maintenance vehicles are al- sent of the City Council. r. HOWARD D. LESTRUD lowed proper access to the site.Finally, g.No person may disturb the quiet of C ` the City may make all other repairs the Cemetery by noise or improer con- 7''4 ,tom,l �RM PURL IC • MIOUNTY I and/or maintenance which are neces- duct of any kind. a WASHINGTON COUNTY sary and proper to maintain the Ceme- h.No person may discharge any fire- -,v,...,.: v ,i MY CnMMISION 8XPt S tery. arm or have possession of any firearm `� Subd. 5. Improvements. The City's within the CemeteryAPRIL 16. 1995 employees, agents, representatives or the City Coun without A 1 permission of the Council Jest C independent contractors shall have the i.No person under the age of 18 years rs for comparable space right to make any improvements as are may be permitted within the Cemetery zteMlifft- 3 col.inch necessary to the general upkeep of the unless in the control of an adult. Cemetery. Said improvements shall j.No person may allow any animal to first be authorized by the City Council. run at large in the Cemetery. ximum rate allowed by law for the above Subd.6.Delegation of Responsibility. k. The City reserves the right to re- tter col.inch The City Council may, from time to move all monuments,markers,flowers, time, delegate to a private individual, plants, trees,other vegetation, decora- ition or group (approved by the tions,fences,or other objects without li- :e actually charged for the above matter $ col.inch he right to undertake the repair, ability to the owner whenever any of nance and/or improvement work these objects becomes unsafe or un- envisioned herein. Any individual or sightly. to actually charged for additional group so authorized,shall,at least annu- subd. 8 Financing. The City Staff is ertions $ col.inch ally,apprise the City Council of the sta- hereby directed to budget sufficient tus of the Cemetery.Said annual report funds for the purposes established here- may be in writing or delivered orally to in.The City Staff is also directed to dis- the City Council at a City Council meet- burse on an annual basis,or more or less ing.Said report shall advise the Council often as is required, said earmarked as to any improvements which need to funds for the purposes described herein. be made to the Cemetery as well as in- Subd.9.Penalties.Any person violat- forming the Council as to the general ing any provision of this Ordinance is m of the Cemetery grounds. guilty of a misdemeanor and shall,upon --.7c,• 7.General Regulations. the conviction,be punished accordingly. burials,reinternments,or disin- Subd. 10. Effective Date. This Ordi- nts present or future shall take nance shall be in full force and effect t Walker Cemetery without the from and after its passage and publica- ritten approval of the City Coun- tion according to law. and Coun- , Cemetery will be open to visi- cilP ofs the City adoof Huted go,h the Washington n dawn to dusk,and at such oth- County,Minnesota,on June 20,1994. as the Council may establish by CITY OF HUGO: )n. No person shall be on the /s/Walter L.Stoltzman,Mayor ry grounds at any other times Walter L.Stoltzman,Mayor • with the written permission of ATTEST: Council. /s/Mary Ann Creager,City Clerk No person may enter or leave the Mary Ann Creager,City Clerk y except at the gates provided. (Published in THE TIMES No person may use the Cemetery June 30,1999) or the road leading thereto for um parking or driving of any motor ve- hicle. This provision shall not apply to maintenance vehicles used by City em- ployees or private individuals or groups as appointed by the City Council pursu- ant to Subdivision 6. e.No person may obstruct any drive