(A) The Town Clerk and his/her designate are hereby authorized to sell the use of cemetery lots and collect and deposit all sums in accordance with § 93.05 and outlined in Schedule ‘A’, attached to Ord. 15-001.
(B) Lots shall be conveyed in the form of a Deed of Conveyance for burial purposes only. Each lot sold shall have an individual Deed of Conveyance issued. Such certificates shall be registered by the Town Clerk or his/her designate in a book or file kept for that purpose.
(C) Purchasers of Deeds of Conveyance are limited to a total of eight lots.
(D) Purchasers of Deeds of Conveyance shall keep the town informed in writing of their current residence address.
(E) Deeds of Conveyance purchased on a time plan will have a lien by the town and the town shall retain the Deed of Conveyance thereto until all fees are paid in full. If the fees are not paid within three years from the initial date of purchase without extension for any partial payments made after such date, the Deed of Conveyance shall be foreclosed on.
(F) An unused cemetery lot shall be deemed abandoned when an owner of the unused lot has failed to keep the town properly informed with their current address for a period of 50 consecutive years and as a result, the town is unable to communicate by certified mail with the owner of the unused lot. The prior sentence is subject to all exceptions permitted by A.R.S. Title 32.
(G) On the occurrence of a presumption of abandonment, the town may file with the real estate department a certified notice attesting to the abandonment of the cemetery lot in accordance with A.R.S. § 32-2194.33.
(H) Upon the resale, assignment or transfer of a Deed of Conveyance from one party to another, the certificate must be surrendered to the Town Clerk for cancellation and a new certificate issued reflecting the changes made and recorded in a book or file kept for that purpose.
(I) The town shall have no liability for the failure to properly determine the legal succession of rights in any cemetery lot.
(J) No lot shall be sold without provision for perpetual care. The cost of each lot and perpetual care for that lot are combined into a single fee as outlined in Schedule ‘A’, attached to Ord. 15-001.
(K) Undersized lots along roadway and fence in Section ‘F’ shall be reserved and sold for use with cremation remains. The cost of each undersized lot and perpetual care for that lot are combined into a single fee as outlined in Schedule ‘A’, attached to Ord. 15-001.
(Ord. 15-001, passed 1-27-2015)