§ 22.005. Purchase of lots, mausoleum crypts, or columbarium niches.

(a)

All purchasers of cemetery lots, mausoleum crypts, or columbarium niches must select the lots, crypts or niches at the cemetery. Once selected, lots, crypts and niches may be purchased in the finance department. The placement or use of private mausoleums at the cemetery is prohibited.

(b)

Upon payment of the entire purchase price plus perpetual care fees for a lot, crypt, or niche, the city will issue a deed which conveys the cemetery lot, crypt, or niche to the purchaser. This deed will be recorded in the deed records of the county by the city and returned to the purchaser. The purchaser must pay the recording costs to the city at the time of final payment.

(c)

Each cemetery lot, crypt, or niche deed will be issued to only one person. Cemetery lots that have been conveyed by deed may not be subdivided further without the consent of the cemetery commission.

(d)

When there are two or more owners of a lot, crypt, or niche, the owners may designate one or more persons to represent the owners regarding the property and file written notice of the designation with the city. In the absence of a notice, the city is authorized to permit an interment in a lot, crypt, or niche at the request or direction of any registered co-owner of the property.

(e)

All deeds will grant to the lot, crypt, or niche owner the right to use the lot, crypt, or niche for interment of only human remains, subject to the requirements of this chapter.

(f)

The price of each cemetery lot, mausoleum crypt, and columbarium niche is established by the city council. In addition, a perpetual care fee will be charged for each lot, crypt, and niche in the cemetery, except lots in the Dixon Addition, Section I. Perpetual care fees are established by the city council.

(g)

A person desiring to reserve a lot, crypt, or niche at the cemetery may set up an account in the finance department and pay the purchase price over an extended period of time according to the terms set out in this section. However, the city reserves the right to refuse interment in any lot, crypt, or niche for which the full purchase price, including perpetual care fees, has not been paid. A deed will not be issued for any lot, crypt, or niche until the full purchase price, including perpetual care fees, has been paid.

(h)

A person desiring to pay the purchase price and perpetual care fees over time must enter into an agreement with the city. This agreement will provide that the city will, in a default, refund the entire amount paid by the purchaser, less an administrative fee established by the city council.

(Code 1970, § 6-22; Ord. No. 1995-20, § 1 (6-3), 2-27-95; Ord. No. 2003-24, § 1, 5-12-03; Ord. No. 2016-01, § 1, 4-5-16 )