(a) The sale of graves at the South Russell Village Cemetery is exclusive to current and former Village residents. All sales or transfers are final and non-exchangeable. Proof of residency shall include any of the following:
(1) Ownership of real property within the Village;
(2) Being a registered voter and/or voting in a precinct within the Village;
(3) Address appearing on driver's license or State ID;
(4) Address appearing on federal, state and local income tax returns;
(5) Address appearing on motor vehicle titles; and/or
(6) Receipt of mail within the Village.
(b) A maximum of six graves may be purchased by one family. The sale or transfer of any interment or inurnment right by any owner shall not be binding upon the Village unless such sale or transfer is first approved in writing by the Village. The Village shall issue a "Warranty Deed" or "Certificate of Ownership" to the new owner subject to the provisions of said deed or certificate. The same rule shall apply in all cases of assignment for interment or inurnment rights.
(c) Any and all transfers of any interment or inurnment right, whether same be by conveyance or assignment are subject to the Rules and Regulations, which are now in full force and effect or which may be hereafter adopted.
(d) The subdivision of interment or inurnment right is not allowed without the consent of the Village and no one shall be buried in any grave who does not have an interest therein, except by written consent of the Village.
(e) No interment or inurnment right can be sold, assigned, transferred, pledged, or hypothecated without the written approval of the Village.
(f) The Village may exchange interment or inurnment rights, when desired by owners. When such an exchange is made, the original conveyance must be surrendered by proper assignment, or by re-conveyance, if considered necessary by the Village before any change is affected. The right to purchase unused graves is limited to the Village at seventy-five percent of the original purchase price.
(g) Each Ois vested with the ownership of his or her interment or inurnment right for the sole purpose of interment or inurnment of human remains. Under these Rules and Regulations, the interment and inurnment rights cannot be conveyed without the consent of the Village, nor may any use, division, or improvements of them be made when prohibited by the Village. The owner of interment or inurnment rights may dispose of same by will, subject to the foregoing conditions; if the owner dies intestate, the interment or inurnment rights will descend to his or her heirs according to law.
(h) The Village cannot and will not be responsible for the carrying out of the intent of the owner.
(i) The sale and placement of benches in the South Russell Village Cemetery is at the discretion of the Village and may require the purchase of additional interment or inurnment rights for the placement of such.
(Ord. 2023-51. Passed 9-11-23.)