A. Duties Of Town Clerk: The Town Clerk, and such other persons as the Town Clerk may designate, are hereby authorized to sell the use of burial plots in the cemetery for interment purposes only, and to collect all sums arising from such sale. The Town Clerk shall keep a complete record of all sales, which record shall describe the location of the burial plots purchased and the price paid therefor. The purchaser shall receive a receipt describing each right of use so purchased, together with the amount paid and the balance, if any. The Town Clerk shall retain a duplicate copy in the cemetery receipt book.
B. Price Set By Town Council: The Town Council may establish by resolution the burial right fee for all cemetery lots or parts thereof, and shall include the perpetual care fee on said lots or parts thereof.
C. Lot Payment Required Prior To Burial: It shall be unlawful for any person to bury the remains of a deceased person in the cemetery without first paying in advance, and before the opening of the plot to be occupied, the full cost for use of said plot.
D. Burial Right Certificate: A burial right certificate shall be exempt from execution, taxation or assessment for care and maintenance from and after full payment of the purchase price. Payments made pursuant to this section shall not be construed to be in payment for any cemetery service.
E. Restrictions Of Resale: Burial rights to any plot or lot shall not be sold, transferred, conveyed or assigned by the purchaser or certificate holder except to the Town or to the direct heirs. The Town hereby agrees to buy back the use of any plot or lot for the original price paid.
F. Certificate Transfer Fee: Whenever plots or lots are transferred, or revert to the Town, or become vested in the Town for any reason, the original certificate shall be cancelled, and the record shall be so changed before a new certificate is issued. A transfer fee, as set forth from time to time by resolution of the Town Council, shall be paid to the Town Clerk for such transaction. The Town shall be the sole judge of the size of the plot or the number of plots to be sold to any person or family.
G. Installment Purchase Contract: Upon adoption of this chapter, the creation of the installment purchase contract will take effect. Said contract will be executed in accordance with the following conditions:
1. Nonrefundable deposit of twenty five percent (25%) of cost of each space made on the date of purchase.
2. Balance paid within six (6) months of purchase date.
3. No interest charged on balance.
4. Installment purchase contract executed on the date of purchase.
5. If default occurs, the spaces revert to the Town and payments made are forfeited to the Town.
The provisions of said contract shall be governed by the Town Council and changes, amendments or alterations may be implemented by the Town Council as the need may arise. In no event shall title to any plot or lot pass to the purchaser, nor shall any person be buried therein until the purchase price for the use of said plot or lot thereof has been paid in full.
H. Forfeiture Of Burial Rights: When any party to whom the burial right to a lot or portion of a lot in the cemetery has been sold shall have failed to pay to the Town of full purchase price of the same for a period of six (6) months since the date of the installment purchase contract on such lot or portion of lot, and who, after ten (10) days' notice by registered mail, shall fail or refuse to make such payment, then and in that event such party shall forfeit all rights and privileges in such lot or portion of lot, except such portion thereof as has been actually used for the burial place of deceased persons, and the Town shall have the right to sell such lot or portion thereof.
I. Plot Exchange: In the event the Sexton or any party desires to exchange plots inside the cemetery with another plot, they may do so by informing the Town Clerk of their desire and paying for the certificate transfer fee.
J. Correction Of Errors: See subsection 7-4-6G of this chapter.
K. Right To Replat: The right to enlarge, reduce, replat or change the boundaries or grading of the cemetery, or a section or sections, from time to time, including the right to modify or change the locations of or remove or regrade roads, drives or walks, or any part thereof, is hereby reserved. The right to lay, maintain, operate, alter or change pipelines for sprinkling systems, drainage, etc., is also expressly reserved, as well as is the right to use cemetery property not sold to individual plot owners or plots reclaimed for cemetery purposes, including interment of the dead, or for anything necessary, incidental or convenient thereto. (Ord. 01-15, 10-15-2001)