Under authority of Idaho Code section 50-320, the city shall convey cemetery spaces by certificates signed by the mayor and countersigned by the city clerk/treasurer, to individuals who pay a fee therefor. Such certificates shall be in the form of deeds, which may be recorded in the office of the county recorder without further acknowledgment. Such certificates shall vest in the owner, his or her heirs and assigns, a right in fee simple to the space(s) for the sole purpose of interment.
The rights of heirs and assigns to interment in spaces conveyed by certificate shall be determined as set forth hereinafter. Ownership of spaces may be transferred by deed or other conveyance and giving notice of such transfer to the city clerk.
All space owners shall be subject to the ordinance codified herein, and each certificate of ownership issued by the city shall make reference to the ordinance codified herein. The certificate of ownership and the ordinance codified in this chapter and any amendments thereto shall be the exclusive agreement between the city and the owner of the space(s).
A. Limitation: Any person who desires to purchase more than ten (10) spaces must first obtain permission by the city council. A person seeking approval from the city council to purchase more than ten (10) spaces must petition the council and the petition will be heard during a regular city council meeting. The city council has the discretion to grant or deny the petitioner's request. In the event the petitioner's request is denied, the petitioner shall have the right to seek a judicial review. The petition for judicial review shall be filed within thirty (30) days of the date that the petition before the council was denied. (Ord. 2947, 2015)