Snell Cemetery

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AN ORDINANCE DEFINING THE RIGHTS AND PRIVILEGES OF OWNERS AND PURCHASERS OF CEMETERY LOTS IN SNELL CEMETERY IN THE CITY OF EMMET, ARKANSAS; PROHIBITING SURFACE BURYING; PROVIDING RULES, REGULATIONS, AND BY-LAWS FOR THE OPERATION AND MAINTENANCE THEREOF; PROVIDING FOR THE SELECTION AND APPOINTMENT OF TRUSTEES THEREFOR; PRESCRIBING THE DUTIES AND POWERS OF SUCH TRUSTEES AND DECLARING AN EMERGENCY.

THAT WHEREAS, Snell Cemetery within the City of Emmet, Arkansas has in the past been operated and maintained without an adequate definition of the rights and privileges incident to the ownership of lots therein, and without adequate written rules, regulations, and by-laws to ensure the harmony and good order of the operation and maintenance thereof, AND 

WHEREAS, certain questions have now come up regarding these matters, which make necessary the definitions, rules, regulations, and by-laws hereinafter set out. NOW, THEREFORE, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EMMET, ARKANSAS:

Section 1) That all documents, receipts, and other writings evidencing the sale, purchase, and ownership of any lot or lots in said Snell Cemetery shall be deemed both in law and in equity to be evidence of the intention and fact of the ownership of a right to a perpetual easement for burial therein and shall not be evidence of the ownership of any parcel of land in fee simple, and all such ownership and claims of ownership shall at all times be subject to such reasonable rules and regulations as may from time to time be made and advanced for the operation and maintenance of the good order of said cemetery as a whole.

Section 2) That all documents, receipts, and other writings evidencing the sale, purchase, and ownership of any lot or lots in said Snell Cemetery for burial purposes is hereby limited to the burial of one person in each 6’ x 10’ lots and shall be further limited to the burial only of relatives by blood or marriage and of the same race of that of the owner thereof. No transfer of the ownership or claim of right of burial to any lot or lots in the said cemetery to any person not so related by any owner thereof shall be valid until said transfer or claim of right of burial shall have been duly approved by a majority vote of the City Council of the City of Emmet, Arkansas, and said transfer duly entered and noted upon the cemetery records in the Office of the City Recorder, PROVIDED, HOWEVER, that in all cases where the transfer of ownership or a claim of right of burial on any such lot or lots is refused or fails to receive the approval of said City Council, that the purchase price of any such lot or lots shall be refunded by the City to such person or persons as may be entitled to the refund of the purchase price paid to the City, for any such lot or lots.

Section 3) From and after the passage of this ordinance and its approval, the following rules and regulations shall apply to the operation and maintenance of said cemetery: -

(A) No mausoleum, tomb, vault, or other structure designed for surface or above the ground burial shall be placed or constructed upon any lot or lots, and all vaults, caskets, and containers of bodies of deceased persons shall be buried underground at a depth measured from the top thereof of not less than 22 inches below the surface level of the ground in all lots of said cemetery.

(B) No fence, wall, or other obstruction to grass mowing operations shall be constructed or placed upon any lot or lots in said cemetery, other than family and grave markers, small shrubs, and flowers. All copings used to mark the boundaries of any lot or lots in the said cemetery shall be placed at ground level to permit the mowing over them. If a violation of this section is found to exist after the passage of this ordinance, it shall be the duty of the Trustee or Trustees of the said cemetery, and if there are no Trustees, then the City Council of the City of Emmet, Arkansas to notify in writing any person or persons responsible for the placing of any such obstruction within the border of any such burial lot or lots to remove the same, and if not removed within 10 days from the date of sending of said notice, then said Trustees or City Council shall order and direct the removal of any such obstruction.

(C) If any tree or shrub, situated upon any lot, shall become detrimental to any adjacent lot or driveway or become unsightly or inconvenient, it shall be the duty of the Trustees, and they shall have the right by their proper officers to remove such tree or shrub or any parts thereof as in their judgment or the judgment of the City Council are unsightly, detrimental or inconvenient, or if there are no trustees, the City Council shall order and direct such removal.

Section 4) The City Council may appoint one or more responsible adult persons, from time to time to serve as trustees of the said cemetery, to serve at the will of the Council or until a successor is appointed. It shall be the duty of any such Trustee or Trustees to supervise the operation and maintenance and upkeep of the said cemetery, and they shall serve without pay or other remuneration of any kind. 

Section 5) The City Council of the City of Emmet, Arkansas hereby finds that the operation and maintenance of said cemetery in good order and harmony under known rules and regulations are essential to public peace, health, safety, and welfare of the inhabitants of the City of Emmet, Arkansas, the City Council hereby finds and declares that an emergency exists, and this ordinance shall be in full force and effect from and after its passage and approval. 

PASSED AND APPROVED on this 2 day of March 1962.

Otis Townsend (Found on file) 

  MAYOR

ATTEST: 

W.E. McFarland (Found on file)

CITY RECORDER

AFFIDAVIT OF POSTING

STATE OF ARKANSAS

COUNTY OF NEVADA

We hereby state on oath that on or about the 3rd day of March 1962, we posted a Certified Copy of Ordinance No 2 of 1962 of the City of Emmet, Arkansas, passed and approved on the 2nd day of March 1962 in each of the following public places within the City of Emmet, Arkansas, where same remained for public inspection for more than 10 days:-

1) Emmet Merc. Co  

2) Hickey Bros Serv Station

 3) Emmet Post Office

Otis Townsend (Found on file)

 Mayor of Emmet, Arkansas

W. E. McFarland (Found on file)

 City Recorder of Emmet, Arkansas

Subscribed and Sworn to before me this 20th day of March 1962

James R. Snell (Found on file)

Notary Public

My Commission Expires:

Feb. 20, 1963Having a big sale, on-site celebrity, or other events? Be sure to announce it so everybody knows and gets excited about it.