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7-2-3: DEFINITIONS:
The following definitions shall be used to clarify the meanings of words and/or phrases as used in this chapter, unless the context otherwise clearly dictates. The Town Attorney will be the final authority where any further interpretations are necessary.
BLOCK: A geographical subdivision of the Meadow Town Cemetery that contains one, two (2) or four (4) lots within its boundary.
CEMETERY: A tract of land dedicated to earth interments of the human deceased.
CERTIFICATE OF BURIAL RIGHTS: A certificate issued by the Meadow Town Corporation describing the block, lot and plot within the Meadow Town Cemetery to which a purchaser owns rights of burial. The certificate conveys to the purchaser the right to burial only, and not the ownership of the described real property, which shall remain the property of the Meadow Town Corporation.
CREMAINS: All that remains of a human body, plus its container, after the cremation process has occurred.
GOVERNING BODY: The Mayor and Town Council of the Meadow Town Corporation, Millard County, Utah.
INTERMENT: The disposition of the remains of a deceased human by earth burial.
LOT: A further subdivision of a block in the Meadow Town Cemetery that consists of eight (8) adjoining graves or plot spaces that are used or intended for use for earth interment of the human deceased.
MARKER: A memorial stone or plaque installed flush with the ground in the tribute area of a burial space indicating the given and/or family name and other information intended to perpetuate the memory of the deceased.
MEADOW TOWN CORPORATION, MEADOW TOWN OR THE TOWN: Terms understood to be synonymous, and which may be used interchangeably.
MEMORIAL: A monument, marker or other commemorative item.
MONUMENT: A memorial stone extending above the ground level in the tribute area of a burial space inscribed with the given and/or family name and other information designed to perpetuate the memory of the deceased.
OLD SECTION OR OLD PART OF THE MEADOW TOWN CEMETERY: That part of the Meadow Town Cemetery which generally centers around the point of the cemetery's origin, in which there are many forgotten, lost or unidentified burials. Attempted burials within this region have ended in unpleasant results in the past. Burials within this region are highly discouraged or prohibited, as may be determined under the guidance of the Sexton.
PERPETUAL CARE: The maintenance and care that Meadow Town agrees to give on a continual basis.
PLOT: A single space of ground, or individual grave within a lot, that is used or intended to be used for the interment and permanent disposition of human remains by burial. A plot has a physical measurement of four feet by eight feet (4' x 8') in most lots, but four feet by eight and one-half feet (4' x 81/2') in some others. The definition for the term "plot" shall be synonymous with the definitions for the terms "grave", "grave space" or "burial space".
PLOT OWNER OR PURCHASER: The owner or purchaser of burial rights or the collateral right of use of any burial plot evidenced by a deed or certificate of burial rights for described plot, or by proven and recognized descent or devise from the original owner (will or trust).
RESIDENT: An individual whose legal place of inhabitation is within the boundaries of Meadow Town and/or is the owner of taxable property there. For the purposes of this chapter, a person is a resident of Meadow Town if the person:
   A.   Has his/her principal place of inhabitation within Meadow Town and has a present intention to continue residency within Meadow Town permanently.
   B.   Moves or is moved to another location for, or because of, healthcare needs, military service or incarceration, but who does not intend to make that location their residence shall also be considered a resident of Meadow Town.
   C.   Has legal or official ownership, individually or jointly with another, of any real property which is subject to assessment by Meadow Town for ad valorem Property Taxes.
RIGHT OF BURIAL OR BURIAL RIGHTS: The right for the holder of a certificate of burial rights, eligible decedent or heir to be buried in the Meadow Town Cemetery.
TRIBUTE AREA: That part of the surface of a grave located within thirty six inches (36") of the head end (west boundary) of a grave, wherein memorials, monuments and markers are allowed to be placed. (Ord. 2010-1, 6-15-2010; amd. 2016 Code)
7-2-4: ADMINISTRATION:
   A.   Generally: In administering the cemetery, the Town shall be entitled to all rights and prerogatives granted to it by law or equity, including the rights set forth in Utah Code Annotated title 8, as amended, or any other subsequent amendments. The omission or failure to assert any right or prerogative by the Town in any particular case shall not constitute a waiver of the right.
   B.   Sexton:
      1.   There is hereby created the position of the Town Sexton, which office shall be filled by appointment of the Mayor, with the advice and consent of the Town Council. Other employees or contractors may be hired as seen fit by the Governing Body when it is deemed advantageous to do so. The sexton may delegate responsibilities to subordinate employees when required.
      2.   The sexton shall not, either directly or indirectly, act or serve as agent, employee or salesperson for any person or company furnishing services or materials used at the cemetery or for any person or corporation selling grave markers or monuments. (Ord. 2010-1, 6-15-2010)
      3.   The sexton shall be paid on a monthly basis from the Town Treasury in such amount as shall be fixed periodically by resolution of the Governing Body. (Ord. 2019-2, 8-21-2018)
      4.   If the Governing Body does not employ a contractor or other designee to open and close graves, the sexton may be paid by the Town a sum in addition to his/her monthly salary, to open and close graves in accordance to rates set periodically by resolution of the Governing Body for grave opening fees.
   C.   Powers And Duties Of Sexton: The sexton, under the direction of the Mayor, shall have general supervision and administrative duties of the cemetery, including, but not limited to:
      1.   Recommending to the Governing Body such additional rules and regulations as may be necessary for the operation, maintenance, use and protection of the cemetery.
      2.   Marking, locating and subdividing the cemetery into blocks, lots and grave sites.
      3.   Maintaining a record of the location of lots and graves and preventing any lot from being used improperly, without proper authorization or beyond its capacity.
      4.   Keeping in proper repair the enclosure around the cemetery and preventing its being entered by animals and, so far as practical, preventing the destruction or defacing of any structure, marker or memorial placed or erected therein, or any other property within the cemetery.
      5.   Keeping a duplicate plat of the cemetery and, at the request of any eligible person wishing to purchase burial rights in any of the lots or parts of lots, pointing out any of the lots or parts of lots for sale; and, upon approval of any lots or part thereof, notifying the Town Clerk of such fact.
      6.   Attending to every interment in the cemetery in person or by a competent fiduciary. The sexton shall fill up and neatly trim all graves immediately after deposing the coffin and fill up and trim all graves that have or thereafter may sink.
      7.   Requiring relatives of a deceased person, funeral directors and any other person requesting burial of a body in the cemetery, to provide the sexton with information identifying the deceased. The sexton shall, as far as possible or practical, register the names, ages, sex, marital status, dates of birth and death, place of death, last known address, veteran status, attending funeral home, parentage of all persons interred therein, the name and address of the next of kin, the place of their interment within the cemetery, the cause of death if known, and the name of the attending physician or nurse (see appendix A attached to the ordinance codified herein).
      8.   Keeping a true and complete record of the death and place of burial of every person so reported to him/her. The sexton shall also keep a like record of all permits issued in pursuance of this chapter. All records kept in pursuance of this chapter shall be the property of the Town, and at all reasonable times be open to the inspection of the public. At the expiration of his/her term of office, the sexton shall turn all such property over to his/her successor in office; and he/she shall report fully to the Governing Body as often as is required by that body.
      9.   Keeping records and performing duties as required pursuant to Utah Code Annotated section 26-2-18, as amended.
      10.   Opening or causing to be opened any graves in the cemetery upon application to him/her being made by the town clerk or by any person having the authority to make such application, and being responsible for closing all graves.
      11.   Keeping the streets, alleys, walks and avenues in the cemetery in good order and unobstructed.
      12.   Approving and overseeing the placement, installation and removal of all monuments, markers, structures, trees, shrubs and any other memorial or material object within the cemetery.
      13.   Performing or supervising the general grounds maintenance in accordance with, but not limited to, perpetual care duties, including mowing, trimming trees and shrubs, watering, weeding, sodding, raking, removing dead flowers and decorations, improvements, leveling sunken graves when needed, cleaning and removing trash, and straightening tilting stones. The sexton shall not be required to repair or replace monuments, markers or other manner of personal property, except when the need for repair or replacement is directly caused by the conduct of the town or its employees.
      14.   Enforcing the provisions of this chapter with respect to the cemetery.
      15.   Performing other such duties as may be required by the governing body, and performing any such other duties in relation to the cemetery as are now, or may be hereafter, provided by ordinance, order, decision or resolution of the governing body or by the laws of the state.
      16.   Being instrumental in locating and identifying lots and graves in the "old part" of the cemetery, to his/her best judgment, where future burials will be discouraged or prohibited. (Ord. 2010-1, 6-15-2010)
7-2-5: SALE OF BURIAL RIGHTS TO LOTS OR BURIAL PLOTS:
   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)
7-2-6: TRANSFER OF LOTS OR BURIAL PLOTS AND DESCENT OF TITLE:
   A.   The laws of the state govern the descent of title to cemetery lots, as well as other matters relating to their ownership. It is important that, upon the death of an owner of a burial right, the heirs or devisees of such person file proof of ownership, or affidavit of heirship, together with the power of one heir to represent all heirs with the town clerk, for the purpose of correcting the record. Transfer to title of burial rights by the town shall hereafter be by certificate of burial rights, and shall comply with Utah Code Annotated section 8-3-2, as amended.
   B.   If the deceased burial right owner died intestate, the laws of the state concerning descent and distribution shall be followed, unless satisfactory proof of heirship can be shown.
   C.   All burial rights in cemetery lots purchased from the town occupy the same position as real property at the death of the owner. Only persons whose names appear on the cemetery records of the town will be recognized as owners or part owners of burial rights. Transfers of burial rights from one person to another will not be honored without approval from and through the town clerk and signed on the appropriate form. The town clerk shall notify the sexton of any changes in lot certificate recording (see appendix D attached to the ordinance codified herein).
   D.   When a previously issued deed or certificate of burial rights is purchased by, or transferred to a third party, the original certificate shall be presented to the town clerk, and before a new certificate of burial rights is issued covering said burial properties, the original deed or certificate shall be canceled, and the records so changed to reflect the transfer. Transfer from a grantor on a certificate of burial rights shall be recognized only upon presentation and authentication by the town clerk of said certificate.
   E.   If a certificate cannot be located by an individual or a family for presentation to the town clerk, the town clerk may make such arrangements, by the advice and consent of the governing body, for transfer and/or burial as are equitable and appropriate considering all the evidence and circumstances provided as per subsection 7-2-5J of this chapter.
   F.   Burial rights may only be transferred to those persons originally eligible to be purchasers of burial rights within the cemetery, and may be effected only by endorsement of an assignment of such certificate of burial rights upon the original certificate issued by the town clerk, approved by the town clerk, and entered upon the official records of the town. Upon such assignment, approval and record, the town clerk shall issue a new right of burial certificate to the assignee and shall cancel and terminate upon such records, the original certificate thus assigned. A copy of the canceled certificate shall be kept in the official cemetery records.
   G.   Spouses or no more than two (2) unrelated persons may be joint owners with rights of survivorship to any burial space. Burial rights may be transferred to those persons defined as an heir, or an eligible qualifying resident upon payment to the town of a transfer fee set forth by resolution as provided. Notarized documents verifying relationship and certified copies of wills or trusts are normally sufficient. If no such documentation can be produced, the governing body may act in its own best judgment in determining heirship or successorship. In addition, if the original owner has been deceased for a considerable length of time and the potential for living heirs is numerous, the person requesting the use of said lot/plot may be asked to provide the governing body with a genealogical record identifying potential heirs that may make a claim to said lot/plot. The governing body may then require the person requesting the use of said lot/plot to obtain written signatures or permission from as many of those potential heirs as possible. The person seeking to use the lot/plot will then be asked to sign an indemnification agreement stating that the family will hold the town harmless from any claims if another heir attempts to claim an interest in the lot/plot being used. See appendix E attached to the ordinance codified herein.
   H.   Transfers from residents to nonresidents will require an additional payment of a fee, which will reflect the difference between the fees for resident and nonresident lots/plots.
   I.   Heirs and successors to burial rights are entitled to the same use of burial lots as the original owner and are bound by current rules and regulations.
   J.   Burial rights may not be transferred between private individuals or for speculative purposes. (Ord. 2010-1, 6-15-2010)
7-2-7: FEES AND CHARGES:
   A.   Purchase Price, Transfer Fees And Grave Opening Fees:
      1.   Burial rights fees, transfer fees, miscellaneous fees, memorial permit fees and grave opening/closing charges for each cemetery burial space shall be the amount listed in the current town fee schedule. Fees are subject to change by resolution periodically as seen fit by the governing body.
      2.   All persons desiring to inter bodies in the cemetery shall pay in advance to the town treasurer all service fees as shall be fixed by resolution. The governing body may set said fees commensurate to the work to be done and the size of the grave to be opened (cremation versus traditional burial).
      3.   The sexton shall not dig or cause to be dug, any grave in the cemetery or perform any other burial service until all fees connected with said burial have been paid in advance, or until proper arrangements have been made with the governing body in writing.
   B.   Authority To Alter Fees: The governing body, by resolution, may periodically alter any cemetery service fees to accommodate increased costs and needed reserve funds for cemetery maintenance, operation and acquisition requirements. (Ord. 2010-1, 6-15-2010)
7-2-8: PERPETUAL CARE FUND:
   A.   Established: A perpetual care fund has been established for the purpose of providing perpetual care funding for the maintenance, care and operation of the cemetery. The creation, funding and maintenance of such perpetual care shall comply with applicable provisions of the laws of the state, including, but not limited to, the uniform fiscal procedures act as set forth in Utah Code Annotated title 10, chapter 6, as amended. The governing body shall establish, by resolution, a perpetual care fee to be assessed and deposited in the perpetual care fund for each grave and/or interment. All perpetual care fees collected by the town shall be deposited in the perpetual care fund and invested according to applicable state law.
   B.   Records Maintained: It shall be the duty of the town treasurer to keep an accurate record of the perpetual care trust fund account, including investments, to see that the principal portion thereof is properly invested in accordance with resolutions of the governing body, and the laws of the state.
   C.   Borrowing Prohibited: Borrowing from the perpetual care fund is prohibited.
   D.   Surplus Funds: Should it be found that all of said money from said perpetual care funds shall be more than is required to pay for the operation and upkeep of the cemetery, then said surplus shall be added to the principal amount of the perpetual care fund herein created, and shall be so handled until changed by enactment of an ordinance to provide for the use of said fund.
   E.   Investment Of Funds: It shall be the duty of the governing body when funds are available for investment to direct by resolution, all purchases of securities for the perpetual care fund or to name a suitable trustee for such investment.
   F.   Investment Income: All income from investments held in the perpetual care fund shall be quarterly credited to the cemetery maintenance fund for use in providing the perpetual care as required herein.
   G.   Included Care: Perpetual care, as used in this chapter, shall include every grave and lot in the cemetery sold since its inception, and shall include filling of the grave, placing of topsoil upon the grave, filling and seeding or sodding of the gravesite, watering and cutting of the grass, except in times of drought, keeping of roads and drives in proper repair, pruning of trees and shrubs, and keeping the cemetery in good condition.
   H.   Charges For Special Services: Charges shall be made for all other services and improvements above and beyond perpetual care, according to the fee schedules established by the governing body. If no fee has been established for specific special services as requested, a reasonable sum based upon the cost to the town shall be assessed by the governing body.
   I.   Contributions, Donations: Voluntary contributions and donations to the perpetual care fund will be graciously accepted and appreciated.
   J.   Withdrawal From Principal Balance: Withdrawal from the principal balance of the perpetual care fund can occur when such funds are needed for the repurchase or retrieval of lots or plots from individuals on behalf of the town.
   K.   Fees Include Perpetual Care: Fees charged for burial rights in the cemetery include perpetual care. No burial rights will be sold without perpetual care included. (Ord. 2010-1, 6-15-2010)
7-2-9: REPURCHASE OF LOTS OR BURIAL SPACES:
The Town shall repurchase any cemetery burial rights for the original price paid upon the written request of the owner or his/her legal heir or representative. Where the original price is unknown, a reasonable estimate will be made by the Town Clerk based on the approximate time when the lot or plot was originally purchased (see appendix C attached to the ordinance codified herein). (Ord. 2010-1, 6-15-2010)
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