HISTORY
Bellevue Cemetery is located on Franklin St about one mile north of Mission Ave (Hwy 370). The cemetery was first used in 1856 (see note below) and appears on the 1856 plat of Bellevue. It was operated by a cemetery association until the City of Bellevue took over its operation on 1 Jan 1974. There is a small office on the property, but the main office is part of the Parks Department and is located at 206 Industrial Dr in southeast Bellevue.
The oldest dated burials are:
09 Aug 1856....Esther Peters... (Sec 25)
12 Oct 1856....John Peters .... (Sec 25)
13 Nov 1856....Jean Allen ......(Sec 11)
Other notable burials include:
Chief Big Elk (1770-1846) (Sec 36) - Last full-blooded chief of the Omaha Indian tribe and grandfather of Logan Fontenelle.
Fenner Ferguson (1814-1859) (Sec 25) - First Chief Justice of Nebraska Territory
TERMS OF PURCHASE
1. Lots may be purchased during regular business hours at the cemetery office located at 206 Industrial Drive 7:00am - 3:30pm.
2. AIl grave sites must be paid in full within two years of the date of purchase.
3. Any lot or grave site not paid for in full within two years of the purchase date will be forfeited to the City of Bellevue for resale.
4. Grave sites will not be opened until paid for in full including opening and closing charges.
5. Upon full payment of the purchase price of a lot, the City of Bellevue will convey a cemetery deed under its seal. Lots or tractional lots for which lot deeds have been issued by the city will not thereafter be divided except by consent of the Superintendent.
6. All lots are exempt from taxation, cannot be mortgaged, and cannot be seized for any debts other than those encumbered to the City of Bellevue cemetery.
7. Markers or monuments shall not be placed on a grave site until the grave is paid for in full and the owner has received a deed from the City of Bellevue.
OWNERSHIP RIGHTS OF INTERMENT
1. The terms "Lot Owner" or "Ownership" shall mean the right to use a lot, or part of a lot, as purchased from the City of Bellevue for burial purposes only as prescribed by existing or subsequent rules and regulations of the Bellevue Cemetery.
2. The City of Bellevue shall have the right to assume at all times that the lot owner acquired the lot for the interment of himself, herself and members of the family. Unless otherwise directed in writing by the owner, his devisee or heirs, the Cemetery Superintendent will permit the interment of members of the family at the request of any person upon proof of eligibility for burial as follows:
(a) The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment.
(b) When there is no surviving spouse, the devisee or heirs of the owner may, by written agreement, determine who among them shall have the right of interment or direction for interment. Any such agreement shall be filed with the Cemetery Superintendent.
(c) In the event the owner, his devisee or heirs, shall not have arranged for future interments, then the devisee or the heirs of such owner shall have the right of internment in the order of their need.
3. All burial rights in the Bellevue Cemetery occupy the same position as real estate at the death of the owner. Only such persons as names appear on the cemetery records will be recognized as owner or part owner(s) of lots. In the event of the death of a lot owner, if the cemetery lot is disposed of by will, a certified copy of the will must be delivered to the Cemetery Superintendent before the city will recognize the change in ownership. If the deceased lot owner left no will, a certified copy of the proof of heirship made in the district court must be presented.
4. The title to a cemetery lot invests in the owner the right to use such lot for burial purposes for any such persons as they may choose to admit, provided such admission is free of charge and without compensation and in accordance with the Cemetery Rules and Regulations.
5. Lot owners may sell their lots or parts thereof to any third person. Transfer may be made only by surrender of the original deed to the City of Bellevue and issuance of a new deed by the City of Bellevue Cemetery to the new owners of lots or parts of lots so transferred. The City of Bellevue assumes no responsibility for satisfactory resale.
6. The City of Bellevue may fix a charge for all transfers of ownership of lots. No transfer of ownership shall be complete or effective until all charges are paid.
7. Lot owners will be sent a certified letter if a balance remains at the end of two (2) years from date of purchase, and will have ten (10) days to contact the cemetery office to pay the balance in full. If this is not done, the lots will be forfeited to the city and made available for resale.
8. It shall be the duty of the lot owner to notify the Bellevue Cemetery office of any change of address. Notice sent to lot owner(s) at the last address on file in the office of the Bellevue Cemetery shall be considered sufficient and proper legal notification.
INTERMENTS
1. Interments will not be made on Sundays or locally observed holidays, except by order of local Board of Health.
2. All graves shall be dug by the City of Bellevue under the direction of the Cemetery Superintendent. Depth of graves shall conform with Nebraska Board of Health standards or other applicable state statutes.
3. Seeding will be done by the City of Bellevue after the grave has settled.
4. Burial will not be permitted until a burial permit has been presented to the cemetery caretaker. The interment of persons who have died of a contagious disease shall be in strict accordance with the rules of the Nebraska Board of Health.
5. The lot owner or funeral director shall designate the location of the grave to be opened to the caretaker. Any change of location made after opening the grave shall be at the expense of the lot owner. The City of Bellevue assumes no responsibility for any error in such location. An additional charge will be made for any change of location requested.
6. The City of Bellevue shall be given a twenty-four (24) hour notice, or thirty-six (36) hour notice when the ground is frozen, for the opening and preparation of the grave.
7. The remains of no more than one person shall be interred in any one grave except in the case of mother and infant, twin children, or two children five years of age or under who are buried at the same time, or cremated remains, and only after receiving written consent from the City of Bellevue and providing proper identification is made for such interments as approved by the Cemetery Superintendent.
8. In the case of cremated remains, two cremains being husband and wife, and no other combination, can be buried in the same grave.
9. The casket in every interment, except for children under five years of age, shall be enclosed in a concrete box or vault. Vaults are to be of non-deteriorating material.
10. All funerals, upon reaching the cemetery grounds, shall be under the supervision of the cemetery caretaker.
DISINTERMENT
1. The City of Bellevue will require one week's notice prior to any disinterment.
2. The City of Bellevue cemetery employees shall exercise due care in making a disinterment but shall assume no liability for damage to any casket, burial case, urn, or contents the reopening and closing shall be regular fee plus... $200.00.
3. If Disinterment if done within the first year, the city will buy back the grave at a 10% reduction. This 10% will continue each year until the 10th year at which no money will be refunded.
LOT CARE
1. To prevent injury to adjoining lots and to preserve the beauty of the grounds, trees or shrubs shall not be planted, cut down, removed, or trimmed without permission of the cemetery superintendent. Such work shall be done by cemetery employees.
2. The City of Bellevue reserves the right and responsibility of care to every tree, shrub or vine growing within the cemetery enclosure whether planted by the lot owner or otherwise. The city also has the right of removal of the same when it considers such removal advisable. Trees will not be removed to make additional burial space.
3. Planting of borders around a lot or on each corner of a lot is prohibited.
4. Hedges, fences, or enclosures of any kind will not be permitted on or around lots. Wooden boxes, wreaths, glass jars, bottles, toys, cans, and other unsightly objects will not be permitted and when used may be removed by the City of Bellevue cemetery employees without notice.
5. US Flags will be permitted year round. They are to be cloth and not to exceed 5" x 8". Flags must be placed in a brass flag holder or permanent marker on headstone. When flags become torn or worn, they will be removed by cemetery employees.
6. Artificial flowers will be permitted all year round in a permanent vase attached to the headstone or a permanent vase concreted in the ground only. Only one vase per grave is permitted. [If they become worn or unsightly they will be removed by cemetery employees.]
7. Artificial wreaths and grave blankets will be permitted from December 15th until January 15th. Such decorations will be removed by cemetery employees after January 15th.
8. The placing of chairs, glass covered boxes, iron or wooden crosses, trellises, shells, toys, metal designs, and similar articles upon graves, and trees is inconsistent with the proper appearance of the grounds and will not be permitted. The City of Bellevue will not be responsible for loss or damage to any portable articles left on any lot or grave.
9. Shepherd hooks with single hooks will be allowed for the purpose of hanging baskets only. One shepherd hook allowed on each grave. They are to be placed near the headstone. Shepherd hooks must be a minimum height of 48" from ground level to the hook. Hanging baskets are not to exceed maximum hanging measurement of 20" If shepherd hooks are not used for 30 days, they will be removed by cemetery employees. Only shepherd hooks will be allowed, no other metal designs will be allowed.
10. Vigil lights will be permitted, one on each grave, and must be placed near the headstone.
11, Concrete benches are allowed in walkways with written approval of Cemetery Superintendent. When approval is given, cemetery employees will pour concrete pad for the bench and the lot owner will be charged for materials and labor. All benches approved will be the same style, NO EXCEPTIONS.
MARKERS AND MONUMENTS
1. Markers or monuments shall not be placed on grave site until the grave is paid in full and the owner has received a deed from the City of Bellevue.
2. The small metal marker put on the grave by the funeral director is considered temporary,and will be removed and disposed of by cemetery employees six months from date of burial or when a permanent marker is put into place.
3. One marker or monument will be allowed on each grave.
4. Only bronze or granite shall be allowed and must be set level with the ground. Flat markers must be set at grass level.
5. Maximum size of marker or monument shall be:
Adult single 36" long x 18" wide x 4" thick
Adult double 60" long x 18" wide x 4" thick
Infant 18" long x 12" wide x 4" thick
6. Government markers placed within the Bellevue Cemetery on graves of eligible veterans will be installed by cemetery employees and governed by veteran headstone and marker placement policy.
CREMATION NOTES
Cremation niches shall be governed by the Bellevue Cemetery rules and regulations with the following additions:
- There shall be the remains of only one person per niche.
- Remains shall be sealed in an urn prior to placing in niche.
- Sealed urn shall be no larger than 10" x I 0" x I 0" deep.
- Niches shall be opened and closed by cemetery employee.
- Placing or attaching items to any part of the niches is prohibited.
- Engraving of niches shall be done by the City of Bellevue.
- City of Bellevue will not buy back niches after disinurnment.
MAINTENANCE RESPONSIBILITIES
1. The City of Bellevue shall be responsible for: all grading, landscape work and improvements of any kind, all general care, the planting, trimming, or removing of all trees, shrubs and herbage of any kind; all openings and closing of graves including all interments, disinterments and removals.
2. All improvements or alterations of individual property within the cemetery grounds shall be under the direction of or subject to the consent, satisfaction, and written approval of the Cemetery Superintendent. The superintendent shall have the right to remove or alter such improvements or alterations at the lot owner's expense if they are made without his written consent, or if they become unsightly, or they are found to cause additional maintenance expense.
3. The City of Bellevue reserves the right and privilege, at any time, to resurvey, replat, alter in shape or size, or otherwise to change all or any part, portion or subdivision, of the unsold property hereby mapped and platted including the right to layout, establish, roads, walks, drives, buildings or utilities.
4. Persons employed by the City of Bellevue shall not receive any fee, gratuity or commission either directly or indirectly, under penalty of immediate dismissal.
5. The City of Bellevue distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, from damage caused by the elements, an act of God. common enemy, thieves, vandals, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral.
6. The City of Bellevue reserves the right to require that graveside services be held in an area chapel on the cemetery grounds during adverse weather conditions such as rain, wind, snow, etc.
PERPETUAL CARE
1. The term "perpetual care" shall be construed to mean the obligation which the City of Bellevue assumes to use the net annual income received from investment of the fund in furnishing such care as it furnished other lots in the cemetery. Such care shall include caring for avenues, alleys, fences, buildings and grounds in general.
2. It being understood that such expenditures shall be made at the discretion and direction of the cemetery superintendent. The City of Bellevue shall not be bound to make a separate investment of the money set aside for perpetual care from a particular lot sale. Proceeds from the lot sale shall be added to the perpetual care fund of the City of Bellevue and the proceeds used by the city in the manner described above.