(A) Sale of interment rights in burial spaces.
(1) Price. The city shall sell interment rights in burial spaces located in the Lake Mary Cemetery in accordance with prices set forth in § 92.78 or as amended by the City Commission.
(2) Acquired rights. No interment rights shall be acquired by the recipient until the cost of the burial space is fully paid and a certificate is issued.
(3) Payment prior to interment. No interment shall occur unless the costs of the burial space and other applicable fees have been paid in full. Cash, money orders or credit cards are acceptable forms of payment and fees shall be paid prior to 4:00 p.m. on the business day preceding the interment.
(4) Address of space owner. It shall be the duty of the space owner to keep the city informed as to his or her current correct mailing address and the current address of his or her legal representative
if notices are to be sent to that representative. Notices or other correspondence mailed to the address on file with the city for the lot owner or his or her representative shall constitute actual delivery and notification. It shall be the duty of the space owner to keep themselves informed of any changes in the rules, regulations or laws governing the operation of the cemeteries.
(B) Requirements for issuance of cemetery certificate to veterans. Honorably discharged veterans of the Armed Forces of the United States, any reserve component of the Armed Forces of the United States or the National Guard of any State or Territory of the United States shall be eligible for a reduction of fees as noted in § 92.78. This reduction applies only to the grave site of the veteran. For purposes of this regulation, a general discharge under honorable conditions shall be deemed an honorable discharge. Proof of service and discharge must be provided via a DD 214 form.
(C) Certificate of interment.
(1) The City Manager and the City Clerk are hereby authorized to execute certificates on behalf of the city to the purchasers of interment rights in burial spaces within the cemetery, which conveyances shall be valid for all purposes as the act and deed of the city when the City Clerk affixes the seal of the city.
(2) No certificate shall be executed before the cost of the burial space has been paid in full by the purchaser.
(3) All certificates shall bear a description of the burial space in accordance with the cemetery plats and cemetery data base approved by the City Commission and the name and address of the purchaser.
(4) All certificates are hereby declared to incorporate and shall be subject to all rules, regulations and conditions set forth in this subchapter, and subject, further to such other additional rules and regulations, amendments or alterations as shall be adopted by the city from time to time. The reference to such rules and regulations in certificates conveying the right of interment shall have the same force and effect as if the same were set forth in full therein.
(5) The certificates conveying interment rights and the rules and regulations of the city now in force or which may hereafter be adopted, including modifications or amendments thereof, shall be the sole agreement between the city and the purchaser. The statement of any sales agent or employee of the city, unless confirmed in writing by the City Manager, shall in no way bind the city.
(6) A certified copy of the executed certificate conveying interment rights shall be filed with the City Clerk who shall permanently maintain said copy in the official records of the city.
(D) No easement granted. The conveyance of interment rights in a burial space shall not grant an easement or right of interment to any owner in any road, drive, alley or walk within the cemetery, but such road, drive, alley or walk may be used as a means of access to the cemetery or cemetery buildings.
(E) Sale, transfer, assignment or re-subdivision.
(1) No interment rights in a burial space shall be sold, transferred, assigned or conveyed in any manner by the owner or his or her heirs without the written authorization of the city.
(2) The re-subdivision of any burial space in any manner is prohibited.
(3) The city is authorized, but not required, to repurchase an unused burial space for the same price at which it was originally sold. No transfer fee will be required.
(F) Family burial lot.
(1) In the event there has been no written order by the owner filed with the city designating those whom he or she authorizes to be interred therein, the parents or children of such deceased owner may be interred in such lot in the order of need without the consent of any person claiming any interest therein.
(2) In the event there shall be no parent or child surviving such deceased person, the right of interment therein shall go as specified by the statutes of descent of the state.
(3) Any surviving spouse and any parent, child or heir of a deceased owner may waive his or her right to interment in such lot in favor of any other relative of such deceased owner or of his or her spouse, and upon such waiver, the remains of the person in whose favor the waiver is made may be interred therein.
(G) Use of burial space. No burial space shall be used for any purpose except the interment of human remains.
(Ord. 1391, passed 10-21-10)