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It shall be unlawful and subject to legal action available for enforcement for any person to establish and maintain a cemetery within the limits of the city or within five miles of the city limits. This prohibition shall not apply to any cemetery that is already established and maintained within the city limits.
(Ord. 2010-07, passed 6-28-10) Penalty, see § 10.99
(A) Register.
(1) It is the duty of the Director or the Director's designated representative to maintain a register of all interments, disinterments, or memorials conducted in the cemetery. These records shall include the following;
(a) The name and last known address of the lot owner;
(b) The name, age, birthplace, date of death, date of burial, and location of each interment.
(2) This register shall be kept at the Union City Cemetery Office and shall be open to public inspection during regular business hours.
(B) Sales. It is the duty of the Director or the Director's designated representative to maintain a listing of all sales of cemetery lots and documents of title issued by the Union City Cemetery and to assign an individual representative number to each of the documents of title prior to their execution unless otherwise authorized by the Park and Cemetery Advisory Board.
(Ord. 2010-07, passed 6-28-10)
(A) Fees. The Union City Cemetery shall have the following available in the City Clerk's office:
(1) A listing of all fees charged for burial lots, opening and closing of graves, installation of the foundation for monuments and other services;
(2) A copy of the Indiana Code or administrative regulations that set out the requirements for liners or vaults;
(3) The fee schedule for the Union City Cemetery, which is as follows:
Purchase of cemetery space | each $350 |
Transfer of title/deed (original deed shall be required for transfer) | each $10 |
Opening and closing of grave - Monday through Friday before 1:00 p.m. | $650 |
Opening and closing of grave - Monday through Friday after 1:00 p.m. | $800 |
Opening and closing of grave - Saturday before 12:00 noon | $800 |
Opening and closing of grave - Saturday after 12:00 noon | $900 |
Opening and closing in Babyland - Monday through Friday | $100 |
Opening and closing in Babyland - Saturday | $125 |
Opening and closing for baby not in Babyland - Monday through Friday | $125 |
Opening and closing for baby not in Babyland - Saturday | $175 |
Cremation opening and closing - Monday through Friday before 2:00 p.m. | $225 |
Cremation opening and closing - Monday through Friday after 2:00 p.m. | $275 |
Cremation opening and closing - Saturday before 1:00 p.m. | $275 |
Cremation opening and closing - Saturday after 1:00 p.m. | $325 |
Cremation with vault, opening and closing - Monday through Friday before 2:00 p.m. | $275 |
Cremation with vault, opening and closing - Monday through Friday after 2:00 p.m. | $325 |
Cremation with vault, opening and closing - Saturday before 1:00 p.m. | $325 |
Cremation with vault, opening and closing - Saturday after 1:00 p.m. | $375 |
(B) Payment. All fees must be fully paid in advance of interment. The Director or the Director's designee shall follow procedures concerning the handling of funds established by the State Board of Accounts.
(Ord. 2010-07, passed 6-28-10; Am. Ord. 2012-04, passed 3-26-12; Am. Ord. 2016-05, passed 4-11-16)
(A) Sale of lots. The Director or the Director's designated representative shall meet with a prospective purchaser to assist in the selection of burial lots, share information concerning the purchase requirements, obtain identifying information for the prospective purchaser and deliver the purchase information to the Clerk-Treasurer.
(B) Deed preparation. Upon payment in full for a burial lot, the Clerk-Treasurer shall prepare a deed to a specific burial lot in the name specified by the purchaser. The legal owner of any burial lot is the person named on the deed.
(C) Deed execution. The deed shall be signed by the President of the Park and Cemetery Advisory Board or the President's designated representative and attested to by the Clerk-Treasurer. The Clerk- Treasurer shall deliver the original deed to the purchaser or other person designated by the purchaser within 30 days of the date of purchase.
(Ord. 2010-07, passed 6-28-10) Penalty, see § 10.99
The legal owner or his personal representative may authorize the use of a burial lot for a deceased person if that authorization is in writing, accompanied by proof of ownership of the lot, and delivered to the Director or his or her designee.
(Ord. 2010-07, passed 6-28-10)
No body shall be buried within the cemetery unless the fees are fully paid, in advance, or a request for indigent service is completed on forms provided by the Director and indigent interment is approved by the Director and the Mayor or the City Manager. In making the determination as to whether indigent interment should be approved, the Director and the Mayor or the City Manager shall consider the following:
(A) The connection that the indigent person or his or her family has with the community;
(B) The availability of lots;
(C) The nature and extent of the decedent's probate and non- probate estate;
(D) The availability of life insurance proceeds; and
(E) The willingness of relatives or friends of the decedent to guarantee payment for the lot and other services at some point in the future.
(Ord. 2010-07, passed 6-28-10) Penalty, see § 10.99
(A) Third party sales prohibited. No lot owner shall be permitted to sell any unused burial lot to any other individual or entity. In the event that an original lot owner or that lot owner's legal representative wishes to sell a lot, he or she shall present a written request to the Director or the Director's designee, which request shall set out the section, number and location of the unused lot and be signed by the original lot owner or that lot owner's legal representative. The signature of the original lot owner or that lot owner's legal representative shall be notarized.
(B) Purchase by the Director. Upon submission of the written request for resale and proof of legal ownership of the burial lot, the Director or the Director's designated representative shall purchase that lot for the original purchase price only. This lot shall be transferred by deed to the Union City Cemetery.
(C) Original ownership document required. The original document establishing ownership of a lot shall be delivered to the Director or the Director’s designated representative prior to any resale or transfer of an unused lot, unless the original deed was recorded in the records of the Randolph County Recorder, in which case, a copy of the recorded instrument would satisfy this requirement. If the original ownership document is not in existence at the time of resale, a subsequently issued ownership document issued by the Clerk- Treasurer or Cemetery Director will satisfy this requirement.
(D) Unused lots. Without interment by the legal owner or other deceased person which interment was authorized by the legal owner or his personal representative or resale of the lot to the Union City Cemetery, the burial lot shall remain unused indefinitely.
(E) Death of legal owner. Upon the death of the legal owner, a burial lot not used or transferred under the probate process, may be transferred by the original owner’s legal representative only as provided in this section.
(Ord. 2010-07, passed 6-28-10; Am. Ord. 2016-19, passed 10-10-16) Penalty, see § 10.99
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