14.2.108: RIGHTS OF CITY RESERVED:

   A.   Right To Improve: The City reserves the right to improve the cemeteries. Improvements may include enlarging, replatting, reducing or changing the boundaries, establishing columbaria, or any other activity deemed necessary by the Cemetery Manager for the betterment of the cemeteries.

   B.   Right To Designate Uses: The City reserves the right to designate appropriate areas for columbaria, cremation gardens, mausoleums, and other aboveground structures.

   C.   Right To Install And Change Drainage: The City reserves the right to lay, maintain and operate, or to alter or change pipelines or gutters for irrigation systems, drainage, lakes or any other watercourses in any part of the cemeteries.

   D.   Right To Restore: The City reserves the right, at the City's sole option and expense, to restore, repair or reset any grave marker or memorial placed upon any lot or grave space to include any marble, granite, bronze, concrete or stone work in any section; to repair or rebuild any damaged structure, building or utility.

   E.   Right To Establish And Assess Fees For Cemetery Services: The City reserves the right to establish and assess fees for grave spaces, perpetual care, interments, preneed services and products, other burial activities and miscellaneous fees for overtime, extra services provided by the cemeteries and any other expense incurred by the cemeteries.

   F.   Right To Dispose Of Buy-Back Spaces: The City reserves the right to dispose of buy-back spaces in a manner best serving the interest of the cemeteries.

   G.   Right To Ingress And Egress: The City reserves a perpetual right to enter and to leave over any burial space for passage to and from other spaces. This right extends to those lawfully within the cemeteries.

   H.   Right To Regulate Private Aboveground Structures: The City reserves the right to regulate the location, type, size, number, materials and construction methods of private aboveground structures by rules and regulations promulgated in accord with section 14.2.105 of this part. Any rules and regulations promulgated by the Cemetery Manager and approved by City Council shall require the certificate of purchase owner wishing to construct a private aboveground structure to enter into a contract with the cemetery outlining the certificate of purchase owner's duties and obligations for the construction and perpetual care of the private aboveground structure. The contract shall be reviewed and approved as to form by the City Attorney's Office. (Ord. 93-149; Ord. 98-202; Ord. 01-42; Ord. 08-151)

14.2.109: UNAUTHORIZED BURIAL:

It shall be unlawful for any person to bury or cause or permit to be buried within the City human remains except in cemeteries, burial grounds or columbaria recognized, authorized or designated by the City. (Ord. 93-149; Ord. 01-42)

14.2.110: RELIGIOUS INSTITUTION COLUMBARIA; CREATION; TRUST FUND REGULATIONS:

(Ord. 93-149; Ord. 99-6; Ord. 01-42; Rep. by Ord. 04-48)

PART 2 LOTS AND SPACES

SECTION:

14.2.201: Sale Of Burial Spaces; Certificates Of Ownership

14.2.202: Certificates Of Purchase; Owner's Permits; Transfer

14.2.203: Cemetery Funds

14.2.204: Perpetual Care Endowment

14.2.205: Installment Purchases

14.2.206: Rights Of Certificate Owners

14.2.207: Transfer Of Ownership

14.2.208: Abandoned Burial Spaces

14.2.209: Buy Back

14.2.201: SALE OF BURIAL SPACES; CERTIFICATES OF OWNERSHIP:

The Cemetery Manager shall keep accurate record of all burial spaces in the City cemeteries. By resolution, City Council shall establish a price for the right to use each type of burial space and the price for any related preneed service or product. The Cemetery Manager shall issue a certificate of ownership to the purchaser of a right to use a burial space, which shall contain the following information:

   A.   The name and address of the space owner, a description of the burial space location and the purchase price paid including the portion of the purchase price paid into the endowment;

   B.   A statement that the certificate of ownership represents only a right to be buried in the described space and does not convey any interest or title to the property upon which the space is located;

   C.   A statement that the certificate of ownership is not transferable without the approval of the Cemetery Manager and reissuance of a new certificate of ownership to the new owner;

   D.   A statement that all changes in the owner's address shall be reported to the Cemetery Manager; and

   E.   The signature of the Cemetery Manager. (Ord. 93-149; Ord. 01-42)

14.2.202: CERTIFICATES OF PURCHASE; OWNER'S PERMITS; TRANSFER:

   A.   Certificates of purchase authorized by ordinance 1284 and issued prior to August 18, 1977, are evidence of ownership of a right to be buried in spaces listed on the certificate of purchase. Certificates of ownership shall be issued after August 18, 1977, and shall be evidence of the purchaser's right to be buried in the space described on the certificate.

   B.   Prior to August 18, 1977, owners' permits ("Blue Slips") were issued to authorize the burial of others in the space described on a certificate of purchase. A consent to bury shall be issued after August 18, 1977 1 .

   C.   Certificates of purchase existing prior to August 18, 1977, shall remain valid. Owners' permits existing prior to August 18, 1977, shall be deemed valid as mere assignments of the right to burial, and not as transfers of ownership or title of the burial space described on the permit. No owners' permits shall be used by the owner of a certificate of ownership to transfer or assign a burial right.

   D.   The owner of a certificate of purchase seeking to transfer ownership of one or more of the burial spaces described on the certificate shall apply for and obtain a new certificate of ownership from the Cemetery Manager. Upon application for transfer, the certificate of purchase along with the endowment contract, if any, must be returned to the Cemetery Manager by the certificate of purchase owner. A new certificate of ownership shall also be issued for any burial space(s) retained by the transfer applicant.

   E.   The transfer applicant shall provide:

      1.   The original certificate of purchase.

      2.   A description of the burial space to be transferred.

      3.   A description of any burial space described on the certificate which has been used or occupied.

      4.   The number of owners' permits given to others for the spaces described on the certificate and a listing of which space and to whom given.

      5.   The number of owners' permits which have been returned and voided by the transfer applicant.

      6.   The burial spaces described on the certificate for which an owner's permit was returned to the transfer applicant and surrendered to the Cemetery Manager for reissuance as a certificate of ownership.

      7.   Which owners' permits are still outstanding.

      8.   Which burial spaces are now endowed.

      9.   A statement that the transfer applicant truthfully believes that the applicant owns and fully controls the burial spaces for which new certificates of ownership are requested and that the transfer applicant agrees to indemnify, defend and hold the City harmless for all damages or costs incurred should any person other than the transferee named in the transfer application subsequently present an owner's permit or certificate of purchase for the transferred burial space or spaces.

   F.   The Cemetery Manager shall investigate the information contained in the transfer application and shall determine whether:

      1.   Any spaces for which certificates of ownership are sought are used or occupied.

      2.   Any owners' permits for the burial spaces described on the transfer applicant's certificate of purchase are held by persons or firms other than the transfer applicant.

   G.   If the Cemetery Manager's investigation finds that the burial space is eligible for transfer, a new certificate of ownership shall be issued to the person indicated by the transfer applicant. The Cemetery Manager shall note any impairment affecting the burial right for the transferred space on the new certificate of ownership. If any transferred space is unendowed, the new certificate of ownership shall not be issued until the endowment has been paid.

   H.   The Cemetery Manager shall maintain a record of the transfer application, the original certificate of purchase and/or owner's permit, the investigation results and a copy of the new certificate of ownership.

   I.   Certificate of purchase owners may consent to the burial of any deceased person in the space described in the certificate. Consent shall be given in accord with subsection 14.2.206B of this part. (Ord. 93-149; Ord. 01-42)

 

Notes

1	1. Ordinance 77-110 ended the issuance of owners' permits ("Blue Slips") and began the issuance of consents to bury.

14.2.203: CEMETERY FUNDS:

The City cemeteries shall be self-supporting and shall not receive taxpayer dollars for maintenance or operation. The Chief Financial Officer shall hold all monies received from the sale of burial spaces, preneed services and products and other cemetery services and products in accounts separate from the City's general fund. Cemetery funds shall be expended by the Cemetery Manager for cemetery maintenance, improvement, beautification, enlargement or any other cemetery purpose approved by City Council. (Ord. 93-149; Ord. 01-42; Ord. 11-19)