(a) Rights of Certificate Owners. The certificates issued to lot purchasers subsequent to the adoption of this chapter (Ordinance 5-61, passed January 8, 1961) shall convey burial rights only and the title to the land shall remain in the present holder thereof, its successors and assigns. All interments under such rights shall be restricted to the members of the family and the immediate relatives of the owner thereof, unless special permission to the contrary is obtained in writing from Council. The certificate owner shall not accept or agree to accept any compensation or payment for the right to make burial on his lot.
(b) Sale, Transfer or Assignment of Certificates. The ownership of a certificate does not confer the right to sell, transfer or assign the same or any rights thereunder without the consent of Council and the issuance by or on behalf of Council of a certificate or memorandum setting forth the new rights so created. Council reserves the right to repurchase any interest in any rights or lot when the owner thereof has been granted permission to dispose of it. Such repurchase rights are reserved by Council for the benefit of the Cemetery, at the same price that was originally paid therefor and, in the case of a transfer of rights, less than the price paid for all units in the particular case.
(c) Tenancy in Common; Joint Tenancy. When rights are conveyed to two or more persons, they shall hold the same as tenants in common. In such case, upon the death of one, his interest shall pass to his heirs. If a deed is made to a husband and wife, the entire title shall vest in the other upon the death of one.
(d) Death or Incompetency of Certificate Owners. Upon the death or judicially declared incompetency of a certificate owner, it shall be the duty of the heirs, devisees or guardian to file with Council competent proof of their right to the use of the lot. Further burials upon the lot shall not be permitted until such proof is presented.
(e) Inter Vivos Designation of Persons to be Interred. The owner of a certificate may, during his lifetime, designate in writing to Council the names of those members of his family or immediate relatives whom he wishes to have interred upon his lot. Such statement shall then be filed in the records of the Cemetery by the Clerk of Council, and every reasonable precaution shall be taken to prevent any burials in such lot other than those so designated.
(Ord. 5-61. Passed 1-8-61.)
(Ord. 5-61. Passed 1-8-61.)