[R.O. 2006 §140.010; CC 1980 §510.010; Ord. No. 493, 5-17-1965]
According to Sections 79.430 and 79.440, RSMo., the Board of
Aldermen is empowered to make rules and regulations and pass ordinances
governing the City Cemetery. The purchaser of a lot in the City Cemetery
has a right in fee simple for the sole purpose of interment. The number
of lots owned by the same person is limited to ten (10). The lots
are not to be purchased for resale.
[R.O. 2006 §140.015; Ord. No. 988, 5-16-2005]
[R.O. 2006 §140.020; CC 1980 §510.020]
The planting of trees, shrubs, flowers, etc., is prohibited
except by permission of the Cemetery Superintendent or other person
in control of the Cemetery under the direction of the Board of Aldermen.
[R.O. 2006 §140.030; CC 1980 §510.030]
All flowers, wreaths and other decorations placed on graves
on the following days will be allowed to remain there for a minimum
of six (6) days: Easter; Memorial Day; Mother's Day; Father's Day;
Fourth of July. Flowers and decorations placed at Christmas time must
be removed by March first (1st). Flowers and other decorations placed
on graves at any other time than those above mentioned days may be
removed at any time. The following will be not allowed: fences, coping,
hedges or other enclosures. Wooden, iron, concrete or other crosses,
tablets, metal wreaths, trellises, shepherd hooks with hanging baskets,
bird houses, etc., shall not be placed upon graves or lots. No permanent
vases.
[R.O. 2006 §140.040; CC 1980 §510.040; Ord. No. 493, 5-17-1965]
Graves shall not be mounded but kept filled and leveled to conform
with the surrounding ground levels. The settling of stones and markers
of all kinds shall be in accordance with specifications furnished
by the Cemetery Superintendent. Burial vaults with exposed marble,
granite, or any other exposed tops will not be allowed. A preformed
slab that is three (3) inches larger than the base on all sides is
required. This slab shall not be placed in wet cement unless a thin
layer of sand or fine rock separates the two (2). A minimum of twelve
(12) inches of concrete is required for all monuments. Monuments of
four (4) feet or larger shall have pier holes drilled diagonally to
the depth of at least thirty (30) inches. An additional pier shall
be placed in the middle of the footing and shall also be thirty (30)
inches deep.
[R.O. 2006 §140.050; CC 1980 §510.050; Ord. No. 965, 8-16-2004; Ord. No. 1072, 8-18-2008]
The sale prices of cemetery lots are fixed as follows:
|
Residents of Troy
|
Residents of Lincoln Co.
|
Non-residents of Lincoln Co.
|
|---|---|---|
|
$300.00
|
$500.00
|
$700.00
|
[R.O. 2006 §140.060; Ord. No. 498A, 2-20-1984]
All burials in the City of Troy Cemetery except the burials
of cremains, shall be in vaults or concrete boxes. The Cemetery Superintendent,
upon request, may allow the burial of cremains in the same grave with
another body. Separate grave markers will not be allowed in such cases.
A.
Rights Of Owner And Spouse. All plots conveyed to an individual
are presumed to be the sole and separate property of the owner named
in the instrument of conveyance and the owner shall have the first
right of interment, he/she shall have the right of direction for relatives
or friends, and he/she shall have the right of sale or transfer, except
that the spouse of an owner of any plot containing more than one (1)
interment space has a vested right of interment of his/her remains
in the plot, and any person thereafter becoming the spouse of the
owner has a vested right of interment of his/her remains in the plot
if more than one (1) interment space is unoccupied at the time the
person becomes the spouse of the owner, and no conveyance or other
action of the owner without the written consent or joiner of the spouse
of the owner divests the spouse of a vested right of interment, provided
however, that a final decree of divorce between owner and spouse terminates
the vested right of interment of said spouse unless otherwise provided
in the decree, but the cemetery is obligated to reserve graves for
those parties with a vested right of interment only when notified
by a notarized affidavit signed by the party with the vested right
which affidavit shall state the kinship and the space desired.
B.
Rights Of Surviving Spouse. After interment of the owner, the surviving husband or wife shall have the first right of interment, the right of direction and the right to sell or transfer unused grave spaces; provided however, that when there are surviving children of the owner by a previous marriage, the surviving husband or wife shall only have the first right interment, and all surviving children of the owner will equally control all other unused graves in accordance with Subsection (C).
C.
Rights Of Direct Children On Death Of Owner And Spouse. After
the interment of an owner and spouse, the direct children of the owner
shall have the right of interment, the right of direction for members
of their family, and when unanimously approved by all, the right to
sell or transfer; and interment requests from any direct child, or
for any direct child, will be honored in the order received until
all grave spaces have been used, except that, a second wife or husband
of the original owner or the surviving wife or husband of any direct
child (or in-law) interred on the lot may designate one (1) vacant
grave space to be reserved for herself/himself, but the responsibility
for so designating a grave rests with the individual, and failure
to do so divests the surviving wife or husband of this privilege if
grave spaces are no longer available.
D.
When
more than one (1) of the nearest living direct heirs (of equal kinship)
make requests for the reservation of the same grave space or grave
spaces, the order of need (or death) establishes which party or parties
will use the reserved grave space or spaces, and a surviving wife
or husband has a first right if space is available although it is
reserved for other individuals.
E.
Joint Tenants — Rights Of Interment And Descent. In
a conveyance to two (2) or more persons as joint tenants, the owners
may individually direct burials for relatives or friends if spaces
are available in excess of the number needed to accommodate all owners
and their spouses who have a vested right of interment. The cemetery
has the right to recognize the order of any owner. Any owner may be
interred without the consent of the surviving owner or owners and
the husband or wife of an owner may be interred without the consent
of the surviving owner or owners. Upon the death of a joint tenant,
all rights are immediately vested in the surviving owner or owners,
subject to the vested right of interment of the remains of the deceased
joint tenant and his/her husband or wife.
F.
Order Of Succession. Upon the death and interment of joint
tenants or owner and spouse, the nearest living kin shall have the
right of interment, the right of direction for members of their family,
and when acting jointly, the right to sell or transfer. The nearest
living kin in different situations may be parents, brothers, and/or
sisters, nieces and/or nephews, grandchildren, great-grandchildren,
etc. Any party making a request with our office may be asked to sign
a notarized affidavit indicating that he/she is the nearest living
kin, or one of the nearest living kin. The policy as outlined for
"direct children" also applies for direct heir (or the husband or
wife of a direct heir) is interred, this automatically gives the cemetery
management approval for the interment of the surviving husband or
wife, and that this is a first right if the cemetery management is
properly notified by the survivor that this is his/her desire.
G.
Devise By Last Will And Testament. A lot owner not having
direct heirs may dispose of his/her lot or lots in their Last Will
and Testament and specify who may be interred therein or who shall
receive the title thereto. The legal document stating this however,
must be on file in our office before being valid and binding upon
the Rolla Cemetery.
H.
Right Of Interment, Direction Or Sale By Agreement Of Heirs. The most direct heirs of a deceased owner may, by a properly executed
legal agreement, state who among them shall have the right of interment,
direction, and of sale or transfer, which agreement must bear the
signature of all the most direct heirs of equal kinship, and which
must be recorded in the office of the cemetery before being valid.
When there are several owners of a lot, they may designate one (1)
or more persons to represent the plot by filing a written notice of
designation with the cemetery office which notice must bear the signatures
of all owners. In the absence of a properly executed notice, the cemetery
is not liable to any owner for interring or permitting an interment
in the plot in accordance with these rules.
