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HomeMy WebLinkAbout2020-09-8654ORDINANCE NO. 2020-09-8654 AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the City of Paducah owns Oak Grove Cemetery, pursuant to KRS 97.530; WHEREAS, lots and vaults in Oak Grove Cemetery are sold for burial or sepulchre, however the land in Oak Grove Cemetery is still owned and maintained by the City of Paducah; i WHEREAS, Chapter 26, Article II of the Code of Ordinances, as well as the document recording the sale of lots or vaults in Oak Grove Cemetery refer to a "Deed" although the sale and the document do not convey a fee interest in the lot; WHEREAS, in an effort to avoid confusion over the ownership of the lots and vaults in Oak Grove Cemetery, the City wishes to amend Chapter 26, Article II to specifically state that fee ownership is not conveyed by such "Deeds" to lots or vaults in Oak Grove Cemetery; WHEREAS, it is necessary to amend Chapter 26, Article II of the Paducah Code of Ordinances to reflect these changes. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 26, Article II of the Paducah Code of Ordinances as follows: Sec. 26-31. — Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Cemetery means the cemetery owned and operated by the City and known as Oak Grove Cemetery, and all additions to the cemetery. Deed means a document or instrument which conveys a license use and access for sepulchre only, and does not convey a fee interest in the land of the lot. I ... I Sec. 26-34. — Sale or transfer of cemetery lots. (a) The City Clerk shall be empowered to prepare and execute on behalf of the City deeds conveying interest for sepulchre in cemetery lots in all cemeteries owned and operated by the City. Deeds prepared by the City Clerk shall be effective upon the City Clerk signing said deeds on behalf of the City and without review or approval by the Office of the City Manager and the City Commission. Such deeds shall convey license to use and access for sepulchre only. and shall not be internreted to convev a fee interest in the land (b) No person shall purchase, have, hold, or own any license for use or access to a lot or part of a lot in the cemetery for the purpose of resale, speculation, or sale of single burial places, or sell or transfer any lot or part of a lot in the cemetery. (c) No owner of a license for use or access to a lot in the cemetery, or any part thereof, shall sell or convey a burial space for any sum in excess of the amount paid therefor when the purchase was made from the City. SECTION 6. This Ordinance shall be read on two separate day and become effective upon summary publication pursuant to KRS Chapter 42-4-7 B andi Harless, Mayor ATTEST: City Clerk Introduced by the Board of Commissioners, August 25, 2020 Adopted by the Board of Commissioners, September 8, 2020 Recorded by the City Clerk, September 8, 2020 Published by The Paducah Sun, September 10, 2020 ORD\26-31 26-34 — Oak Grove Cemetery Deed Ordinance created by Kristen Worak, KK -H13 245245