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(A) At the time of purchase of a burial right agreement, or at any time thereafter during the purchaser's or transferee's lifetime, and in accordance with these rules and regulations, the owner or owners of any burial right agreement may present his burial right agreement and execute in the office of the management a declaration of reservation, therein specifically designating the persons entitled to be buried in any or all of the plots in the lot, or vesting the right of designation for unreserved plots in a named person. No other person may be buried in any plot designated by the owner or owners in the declaration of reservation except by an amended declaration of reservation, executed by the owner or owners in the office of the management. The owner or owners of any lot may in the declaration of reservation limit the persons entitled to be buried in the lot to those persons designated in the declaration of reservation. In the event the owner or owners fails to designate burial rights as to each plot in the lot, or fails to limit burials in the plot to those designated in the declaration of reservation, then, as to the plots not designated, the right of burial shall be as provided in subsection (C) (2) below.
(B) Upon application by any person for interment of a body in a given plot, the burden of proof as to the identity of the person to be interred rests upon the applicant and no liability shall rest upon or be chargeable to the city in case of a false statement in the application. However, the city will make a diligent effort to see that only persons entitled to be buried in a given plot are so interred.
('58 Code, § 10.36)
(C) In the absence of a declaration of reservation by the burial right owner of a lot, the right of interment shall be in the following order.
(1) One plot shall be forever reserved for the burial right owner and one for the burial right owner's surviving spouse, if any.
(2) The remaining plots in the lot shall be held in trust by the city for burial of the following persons in the order of their death and request for burial: the children of the burial right owner or owners, and their respective spouses; lineal descendants of the burial right owner, or owners, and their respective spouses; and parents of the burial right owner or owners.
('58 Code, § 10.37)
(D) The burial rights to all lots and plots conveyed shall be presumed to be the sole and separate property of the person or persons named as grantee in the burial right agreement, in accordance with these rules and regulations. However, the husband or wife shall have a vested right of interment of his or her body in any burial plot conveyed to the other, which shall continue as long as he or she shall remain the husband or wife of the owner of the burial right agreement, or shall be his or her wife or husband at the time of the owner's demise. No conveyance or transfer shall divest the husband or wife of a burial right owner of his or her vested right of interment without the joinder therein executed by the spouse in the office of the management.
('58 Code, § 10.38)
(E) All lots, the use of which has been conveyed in a burial right agreement, are indivisible. Whenever an interment of the remains of a member, or of a relative of a member of the family of the burial right owner, or of the burial right owner, is made in a lot, the lot thereby becomes inalienable and shall be held as the family plot of the burial right owner, except as otherwise provided by the owner's declaration of reservation.
('58 Code, § 10.39)
(Ord. 76-43, passed 4-27-76)