The ORDINANCE where the Lutheran Church turned over the cemetery to the City of Rich Hill - October 1961

0692 – Lutheran Cemetery

ORDINANCE NO. 692

AN ORDINANCE PROVIDING FOR THE ACQUISITION OF THE CEMETERY KNOWN AS THE LUTHERAN CEMETERY FROM THE LUTHERAN CHURCH OF RICH HILL, MISSOURI, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR SUCH ACQUISITION AND FOR CERTAIN RULES AND REGULATIONS THEREOF

BE IT ORDAINED by the Council of the City of Rich Hill, Missouri, as follows:

Section 1:  The Mayor of the City of Rich Hill, Bates County, Missouri, for and on behalf of said city is hereby authorized to enter into the following contract for the acquisition of certain land for cemetery purposes:

     THIS AGREEMENT, made and entered into this 1st day of October, 1961, by and between the LUTHERAN CHURCH of Rich Hill, Missouri, First Party, and CITY OF RICH HILL, Bates County, Missouri, Second Party, WITNESS:  that,

     WHEREAS, First Party is the owner of the following described real estate in Bates County, Missouri, known as the Lutheran Cemetery, to-wit:

Beginning at a point 27 Rods 1’6” East of the Southwest corner of Section 6, Township 38, Range 31, (otherwise described as the Southeast corner of the Catholic Cemetery) running thence East 307 feet, more or less, to a fence thence North 280 feet, thence West 307 feet, more or less, to a point directly North of the place of beginning thence South 280 feet to the point of beginning; and,

WHEREAS, the members of the Lutheran Church of Rich Hill, Missouri, recognize that maintenance of such cemetery will become a serious problem in the future; and,

     WHEREAS, the City of Rich Hill, Missouri, has a need for additional burial grounds;

      It is, therefore, agreed, as follows:

      The Lutheran Church Council of the Lutheran Church of Rich Hill, Missouri, shall convey to the City of Rich Hill the property above described as a burial ground. Second Party agrees that it will restore all existing graves and stones in such area and will permanently maintain the entire cemetery above referred to.

     It is further agreed that the tract immediately west of the present driveway in such cemetery, being otherwise described as:

 Beginning at a point 507 feet East of the Southwest corner of Section 6, Township 38, Range 31, running thence North 164 feet, thence East 84 feet, thence South 164 feet, thence West to the point of beginning,

Shall be reserved for burial by members of the Rich Hill Lutheran Church and their families.

     Proceeds from the sale of lots reserved for Lutheran burials in the paragraph last above shall go to the Rich Hill Lutheran Church, but such church will abide by all the existing practices of the cemetery.

     It is further understood and agreed that many lots for burial have heretofore been sold By First Party and that any dispute as to the ownership of any lost previously sold, or alleged to be previously sold, will be resolved by First Party.

     It is further understood and agreed that all expenses in connection with this contract and the conveyance here under shall be assumed by Second Party.

     IN WITNESS WHEREOF, First Party has caused this contract to be signed in its behalf by the Lutheran Church Council of the Lutheran Church of Rich Hill, Missouri, and Second Party has caused this contract to be signed by its duly authorized Mayor the day and year first above written.

Fred Marquardt

John Denayer

Lawrence Denayer-Lutheran Church Council

 ______________________________

Marvin Hurst-Mayor

_______________________________

Lily White-City Clerk

     Section 2.  This Ordinance shall be in effect from and after its passage and approval.

     Read three times and passed this 10 day of October 1961.

_________________

Marvin Hurst-Mayor

_________________

Lily White-City Clerk

Approved this 10th day of October 1961

_________________

Marvin Hurst