A. Burial lots are a limited resource in the cemetery. Hereafter, the governing body has the right to limit the number of burial plot sales to four (4) plots per any one individual or entity.
B. Burial rights to cemetery lots shall be sold for the purpose of the burial of said purchaser. Other persons may be buried in the lot with written permission from the lot owner or his/her legal heir, but it will be done with the understanding that each plot so used will subtract from the maximum number of plots allowed for said lot owner.
C. Hereafter, burial rights in the cemetery will be sold to eligible residents of the town, as defined in section 7-2-3 of this chapter. Nonresidents may purchase burial rights, but will be subject to an increased fee structure as may be set periodically by resolution by the governing body.
D. The town clerk shall be in charge of the sale of all cemetery lots, the receipt and disposition of all fees, money, gifts or deposits, and the issuance of certificates of burial rights.
E. It shall be the shared duty of the town clerk and sexton to make and keep permanent duplicate records of all interments made in the cemetery, which record shall at all times be open to public inspection. The record shall, among other things, include:
1. An accurate plat of the cemetery, as far as feasible and possible;
2. The names of the owners of all burial rights that have been sold;
3. The correct description of all lots for sale and the price thereof as shall be fixed periodically by resolution by the governing body;
4. The exact location of each interment upon each cemetery lot, and pertinent information about the interred deceased;
5. Any permits incidental to burial, including transit, burial, monument placement, transfer of ownership and disinterment permits.
F. After a burial rights purchase has been made through the town clerk and full payment is deposited with the town treasurer, the clerk will issue a certificate of burial rights under the town's official seal, and the deed will be registered in the records of the town as evidence of ownership of the burial rights. A copy of the certificate will also be retained. A certificate of burial rights shall be issued for the right to burial only, for burial spaces sold after April 29, 1985, as per Utah Code Annotated section 8-5-7, as amended. The title to ownership of the property of the cemetery, however, shall remain with the town.
G. The purchase of burial rights within any area of the cemetery shall be made valid only by assignment of a certificate of burial rights signed and sealed by the town clerk, indicating the precise location of purchase of said burial rights. The precise location of said purchase is designated by the proper combination of block, lot and plot values within a particular division of the cemetery.
H. No area of the cemetery shall be considered reserved until burial rights are paid for in full. Terms of all burial rights sales are cash or other valid instrument payable to the town, and deposited with the town treasurer. Payment is due in full at the time of burial rights assignment. Authority to sell any burial rights in the cemetery is vested only in the governing body and/or the town clerk.
I. The town reserves the right to recall, correct and reissue corrected certificates of burial rights where needed.
J. In the case of a lost certificate of burial rights, the original owner to burial rights or the legal heirs or the representative shall present to the town clerk a legal positive form of identification before a new certificate can be issued. The new certificate shall bear the stamp "duplicate of original" and may incur fees as may be determined by resolution of the governing body. After the town clerk is satisfied that the owner has presented sufficient proof of identification, and that the individual is indeed the owner of record on the official cemetery records, the new certificate shall be issued, and the original will be canceled. Copies of the new certificate shall be kept in the official cemetery records.
K. Purchasers of burial rights are subject to all rules, regulations, future amendments, limitations and conditions imposed by the governing body, this chapter and other town ordinances, state law and by the sexton as are deemed necessary for the efficient care and maintenance of the cemetery.
L. The certificate of burial rights shall include the name of any legal heir to said burial rights assigned at the time of the burial rights purchase. The legal heir will be responsible for any future burials on plots purchased.
M. When a lot is purchased by more than one person, each person's interest in the lot shall be specifically defined. The official owner as listed on the certificate of burial rights will be in exclusive control of the burial rights purchased, and must give permission in writing for all burials on said lot. No burials will be allowed without written permission from the recorded owner or the legal heir where applicable.
N. Any certificate of burial rights, or any other agreements, written or otherwise implied, made or agreed to by anyone other than the town and the approved party or parties shall not be valid and will not be honored.
O. No sale shall be made to funeral directors or others as heretofore set forth, except that such purchase shall be part of an individual funeral service wherein the sale of the burial right was requested by the family as part of the individual funeral service.
P. The governing body reserves the right to limit the sales of burial rights for burial purposes and intended burial purposes only, and will not knowingly sell lots for investment purposes. No person shall be allowed to speculate in said lots.
Q. All burial lots are exempt from taxation and cannot be seized for debt, nor can they be mortgaged or otherwise encumbered.
R. Funeral directors making arrangements for burials shall be responsible for all burial rights purchases and all other interment charges if not paid by the owner or his agent.
S. The lawful owner of any cemetery burial right within the cemetery shall have the responsibility to promptly provide the town clerk with any change in the owner's/owners' mailing address(es) or change in assignment of legal heir(s) or their lawful descendents for said burial rights.
T. The governing body may periodically direct and publish a booklet of rules and regulations for the convenience of the purchasers of burial rights in the cemetery. Such rules and regulations shall constitute a part of the terms and conditions under which owners and users may utilize the cemetery and shall function as a supplement to this chapter.
U. Plots may be purchased as singles, doubles or as half lots, not to exceed the maximum number of plots allowed per individual as described in subsection A of this section.
V. The town has the right to deny subsequent burials on any lot or plot on which there remains unpaid balances until such balances are paid.
W. Where burial rights are sold or lawfully reclaimed in questionable areas of the "old part" of the cemetery, it shall be understood that burials in that area will be authorized for cremains only. Any burial in the "old part" of the cemetery will be authorized only by prior approval of the sexton, wherein he will use his best judgment. (Ord. 2010-1, 6-15-2010)