(A) (1) The purchase price of a cemetery lot is payable at the time of purchase, except that a purchaser may pay on the installment plan in equal monthly installments for a time period not to exceed 12 months, all of which terms shall be specifically described in a document signed by the purchasers. Failure of the purchaser to make all payments pursuant to the installment plan shall allow the city to cancel the installment purchase contract and to remove the purchaser as owner of the lot.
(2) This provision is effective as of July 1, 2003.
(B) No marker or memorial shall be placed on any grave or lot until the purchase price of the grave or lot has been paid in full.
(C) No interment shall occur on any grave or lot until the purchase price of the lot has been paid in full.
(D) No sale, transfer or assessment will be permitted of any portion of a lot of smaller size than the lot conveyed to the lot owner by the cemetery, except by the consent of the City Council. Any owner of a lot may give permission, by written order, for the burial of the remains of any person but not for money or other consideration or profit. Permission for burial may be refused if a lot owner accepts any compensation or payment for the right to make a burial on his or her lot.
(E) It shall be the responsibility of the lot owner to notify the cemetery of any change in his or her address. Notices mailed to a lot owner at the last address on file in the cemetery office shall be considered sufficient and proper notification.
(F) (1) The private sale of a lot, or a portion thereof, after the effective date of this subchapter is hereby prohibited, except that the city shall repurchase from any lot owner any lot or portion thereof at a price equal to the purchase price originally paid to the city for the lot or portion thereof; provided, however, no interments have taken place.
(2) This provision is effective as of July 1, 2003.
(Am. Ord. 03-04, passed 5-19-2003)
(G) The management of the cemetery shall mark the corners of all lots with cornerstones not projecting above the ground more than 1 inch.
(H) All graves will be given general care, including cutting of grass, without any expense of the lot owners. The graves will be sodded in the first instance, but a charge will be made for all subsequent sodding of graves. The Midway Cemetery will assume the obligation and cost of normal and customary maintenance and repair of headstones if after the passage of 100 years from the date of installation of the headstone or the date of the last burial in the lot, whichever is later, and no family members can be located who are primarily responsible for maintaining their family's grave site.
(I) The cemetery is not responsible for knowledge of conveyances and devises made by wills unless written notice is received and the transfer fee set by separate ordinance paid.
(J) The cemetery and the city will accept contributions to a Cemetery Special Care Endowment Fund. The principal sum of this fund shall be invested as authorized by law with other funds of similar character, and the income received for principal contributed for a lot shall be used for the purpose of special care of the designated lot in the Midway Cemetery, and for the care of any memorials or improvements located upon that lot.
(K) The cemetery shall cause to be removed from any lot any planting which it may deem objectionable, unsightly or injurious.
(L) Single graves in single grave sections may only be purchased at the time of need. The interment fee and the price of a single grave must be paid before an interment can be made.
(M) All cemetery lot purchases shall be subject to the terms of this chapter.
(N) The cemetery management shall provide a temporary marker following internment to include the full name, birthdate and date of death of the person interred.
(1997 Code, § 860.4) (Ord. 860.1, passed 8-10-1981; Ord. passed 7-8-1985; Am. Ord. 2019-003, passed 5-20-2019)