(a)
The
City Manager shall keep accurate record of all burial spaces in the
City cemeteries. The City shall sell burial spaces at such price or
prices as may be directed by the City Council and contained in the
rules and regulations for the City cemeteries. The City Manager shall
issue a certificate of ownership to the purchaser of each burial space,
which certificate shall contain a description of the burial space,
purchase price, the name and address of the space owner and will include
statement of perpetual care. The certificate shall state that it represents
only a right to be buried and in no way conveys a title to the real
estate and shall also state:
(1)
The ownership of that right is not transferable without the approval of the City Manager or the City Manager’s designee and the reissuance of a new certificate to the new owner of the burial right, except that transfer of ownership may be effected by last will and testament or intestacy as provided for in GJMC § 2.40.180. All transfers must be recorded by the City and a fee for such transfer as established by resolution of City Council will be charged.
(2)
Any transfer of ownership interest by last will and testament or
applicable laws of intestacy shall be reported immediately to the
City Manager’s designee by the person receiving the ownership
interest.
(3)
All changes in address of the owner shall be reported immediately
to the City Manager’s designee.
(4)
A portion of the purchase price, such portion to be specified, shall
be deposited into a trust fund and held as a permanent fund with the
income of the fund to be devoted to the perpetual care and keeping
of the burial space so endowed, except for spaces in areas designated
for the burial of indigent persons. Indigence shall be demonstrated
by affidavit or other documentary proof satisfactory to the City Manager’s
designee.
(5)
Prior to the resale of any vacant burial space by the owner to any
other individual or to the City, all monuments or markers must be
removed at the owner’s expense.
(b)
The
certificate of transfer shall be signed with a facsimile of the City
Manager’s signature and attested by the signature of the City
Clerk under the seal of the City.
(Ord. 4607, 10-16-13; amended during 2009 recodification; Adm. Reg. 1-99 § 1, 6-30-99)
Records of the City, other than the certificate as provided for in GJMC § 2.40.110, shall show the date of purchase, the name of the purchaser, the description designating the burial right(s) space purchased and the purchase price. Indexing maintained by the City shall permit determination of location of the burial space by location as well as by owner’s name.
(a)
Certificates
of ownership are evidence of ownership of a right to be buried in
spaces listed on the certificate.
(b)
The
owner of a certificate of ownership seeking to reconvey one or more
spaces to another shall apply for and obtain a certificate of transfer
from the City in the name of the other person. Upon submission of
an application to convey the burial space rights, the original certificate
of ownership shall be returned, canceled and reissued to the new owner
by the City Manager’s designee. If any spaces enumerated on
the original certificate of ownership are to be retained by the owner,
then certificates of ownership shall be reissued by the City Manager’s
designee for each space in the name of each owner.
(1)
Upon application for reconveyance, the applicant shall provide the
following information:
(i)
The grave space right(s) owned;
(ii)
The spaces then used, if any;
(iii)
Which owners have been issued a certificate of transfer, if
any, for the particular space;
(iv)
A statement that the owner truthfully believes that the owner
holds and fully controls burial rights to the spaces for which the
owner is applying for certificates of transfer and that the owner
does indemnify the City as to all costs should any person(s) other
than the transferee named subsequently present a certificate of transfer
for the same space or spaces.
(3)
The City Manager’s designee shall then issue the certificate(s)
of ownership to the person(s) indicated by the then owner; however,
any title impairment affecting the ownership of the burial right(s)
shall be noted upon the respective certificate of ownership. If any
space is unendowed (except in areas platted for burial of indigent
persons), then the endowment then payable shall be paid prior to the
reissuance of the new certificate of ownership. A record containing
the application, the investigation results and a copy of the certificate(s)
of transfer along with the chain of title notations, if any, shall
be retained by the City.
(c)
The
City may purchase back any unused certificate of ownership or any
unused portion thereof under the terms and conditions listed below.
The City Manager’s designee shall purchase only those spaces
for which ownership is clear. The City Manager’s designee shall
require an application for all purchase back requests. Upon submission
of a completed application to the City Manager’s designee and
upon completion of the City Manager’s designee’s investigation,
the City may purchase the certificate of ownership for any number
of spaces identified on the certificate, except that the City shall
not purchase spaces already filled, nor spaces where an apparently
valid certificate of ownership remains outstanding. The purchase back
price shall be the original purchase price including development fee,
if paid, not to exceed the current prices and exclusive of the endowment
fee less the following:
(1)
Twenty-five percent of the total current purchase price, excluding
the endowment fee, or $50.00, whichever is greater, shall be retained
as administrative cost.
(2)
In no case will the City buy back any space for more than the price
of the lot and development fee, if any, at the time of purchase. The
endowment fee will not be refunded.
(3)
If a current installment contract for payment exists, the City shall
retain 25 percent of the amount paid excluding the pro rata share
of the endowment fee, or $50.00, whichever is greater.
(d)
Certificate
of ownership holders may consent to the burial of any deceased person.
Such consent shall be in the form of an affidavit signed and notarized
and shall bear the signature of at least one owner as shown on the
certificate of ownership.
(e)
Lost Certificate of Ownership.
The owner may apply for
a lost title upon payment of a fee established by resolution of the
City Council.
(Ord. 4607, 10-16-13; Adm. Reg. 1-99 § 2, 6-30-99)
All moneys, except moneys received for perpetual care endowments in accordance with GJMC § 2.40.150, received from the sale of spaces in said cemeteries shall be held by the City and expended as shall be directed by the City Council for the maintenance, improvement, beautification and enlargement of said cemeteries as provided by GJMC § 2.40.010.
(Adm. Reg. 1-99 § 3, 6-30-99)
The purchase price and the endowment(s) for the lot(s) or space(s)
purchased may be paid in installments; provided, that the purchaser
shall enter into a written contract wherein it is agreed that the
number of installments shall not exceed 18 nor extend over a period
of more than two years, that no interest shall be added by the City
to the purchase price during that two years; that at least 10 percent
of the installment purchase price shall be paid at the time of the
execution of said contract; failure to pay any installment for a period
of 60 days shall terminate the contract, together with any legal interest
of the purchaser therein, and shall vest all payments previously made
thereunder absolutely in the City. Notice of termination for failure
of payment shall be given by the City to the purchaser’s last
known address by certified mail, return receipt. Until payment is
completed in full, no certificate of transfer shall be issued for
the lot(s) or space(s) described in said contract, nor shall any burial
be allowed on such lot(s) or space(s), nor shall any monument or marker
be allowed.
(Adm. Reg. 1-99 § 4, 6-30-99)
(a)
Charge for Perpetual Endowment.
All grave spaces in the City cemeteries, except in areas platted for burial of indigent persons, shall be perpetually cared for by the City in accordance with GJMC § 2.40.030.
(1)
Perpetual care funds shall be due at the time of purchase of any
lot(s) or space(s).
(2)
Except for areas platted for the burial of indigent persons, owners
holding certificates of ownership shall purchase such perpetual care.
The price of such endowment shall be established by resolution of
the City Council.
(Adm. Reg. 1-99 § 5, 6-30-99)
Repealed by Ord. 4607.
(Adm. Reg. 1-99 § 6, 6-30-99)
(a)
Interment Rights.
All lots, grave spaces and burial
spaces conveyed shall be considered as a grant of a right by the City
to the grantee for the purpose of burial, shall be presumed to be
the sole and separate burial right of the person named as grantee;
however, a grantee may inter the grantee’s deceased immediate
family member in the space, in accordance with the rules and regulations
and fee schedule at the time of interment of spouse, child, mother,
father or sibling. The burial of animals shall not be allowed.
(b)
Consent to Burial.
Upon the death of any other relative than listed above or nonrelative, the owner of a certificate of ownership may convey the right to burial in the space enumerated on the owner’s certificate. The consent shall be evidenced by an approved certificate of transfer, which certificate shall be available only from the City Manager’s designee. A certified death certificate shall be presented at the time of issuance of a certificate of transfer to a decedent by the City Manager’s designee. Once burial occurs, the body may be disinterred only with an authorization pursuant to GJMC § 2.40.310. Upon disinterment, burial rights for the space shall remain in the name of the certificate of transfer holder. The City shall maintain records of all burials.
(c)
Right of Descent.
Upon the death of the owner, any unused
burial spaces shall pass as provided in the owner’s last will
and testament to the owner’s beneficiaries. Any unused burial
spaces not effectively disposed of by the owner’s last will
and testament or otherwise shall pass to the owner’s heirs as
prescribed by the Colorado Probate Code.
(d)
Official Records.
The official records of burial space
owners shall be maintained by the City Clerk, and each burial space
owner shall be registered by name and address. Such registration shall
be the final governing record in determination of burial rights ownership.
(e)
No Transfer Without Consent.
No burial spaces shall
be transferable except with compliance with the procedures of the
City Manager or as provided by law.
(f)
Change of Address.
It shall be the duty of each and
every burial rights owner to keep the City Manager’s designee
fully informed as to the owner’s mailing address and to notify
said City Manager’s designee as to any changes thereof. Notice
sent to any burial space owner at the last registered address on file
with the City Manager’s designee shall be considered sufficient
and proper legal notice.
(g)
Right to Ingress and Egress Reserved.
The City reserves
to itself, and to those lawfully within the cemetery, a perpetual
right to enter and to leave and conduct any lawful activity on or
over any burial space and/or for passage to and from other spaces.
(h)
No Right Granted in Alleyways.
No easement or right
of interment is granted to any burial space rights owner in any road,
drive, alley or walk within the cemetery, but such road, drive, alley
or walk may be used as a means of access to the cemetery grounds or
buildings as long as the cemetery uses the accessways for that purpose.
(Ord. 4607, 10-16-13; Adm. Reg. 1-99 § 7, 6-30-99)
(a)
Method of Transfer.
The transfer of right or any interest
in any burial space shall be made only on forms provided by the City.
(b)
Consent and Approval.
No transfer of any burial space
shall be valid without the consent, in writing, of the City Manager’s
designee and endorsed upon such a transfer and thereafter recorded
on the books of the City.
(c)
Time of Recognition.
A certificate of transfer, in order
to be valid, must be proper on its face and it must also be delivered
to the grantee or some third person during the lifetime of the grantor,
with the full intent to divest the grantor of grantor’s interest.
The transfer must also be presented to, approved by and transferred
upon the record of the City during the lifetime of the grantor; provided,
however, that a transfer may also be made by the grantor in a last
will and testament, or by the applicable laws of intestacy. An affidavit
stating the applicant for the transfer is the heir must be submitted
along with a copy of the will and application for transfer.
(d)
Indebtedness.
The City may refuse to consent to a transfer
of any burial space so long as there is any indebtedness due thereon
by the registered owner thereof.
(e)
Care and Maintenance Must Be Provided.
Except for areas
designated for the burial of indigent persons, no transfer of any
burial space or interment right therein shall be approved and registered
upon the books of the City nor shall interments therein be permitted
until provision shall have been made for care and maintenance of such
space by payment of the endowment amount specified in the rules and
regulations for City cemeteries. This provision shall not apply to
burial spaces conveyed by the City for which perpetual care endowment
has been already provided.
(f)
Transfer Charges.
All conveyances or transfers of rights
in any burial space shall be subject to a charge fixed, from time
to time, by resolution of the City Council, which charge must be paid
when the transfer request is received for filing by the City Manager’s
designee.
(Ord. 4607, 10-16-13; Adm. Reg. 1-99 § 8, 6-30-99)
(a)
Reversion.
The ownership or right in or to any unoccupied
cemetery burial space shall upon disinterment and subsequent abandonment
revert to the City.
(b)
Presumption.
Failure to inter in any burial space(s)
after 21 years plus a life (defined as 100 years) from purchase, transfer
or interment in adjacent spaces commonly owned, whichever is later
in time, shall create and establish a presumption that the same has
been abandoned; except that this presumption shall not apply when
a letter of intent is annually filed by the owner or heir in title
with the City stating the intention to keep specified spaces vacant.
(c)
Notice Required.
Abandonment or reversion by disinterment
shall not be deemed complete unless the registered owner(s) or their
heirs or assigns shall be notified in writing, mailed to the last
known or registered address, by the City. In the event that the address
of the owner or owner’s heirs cannot be ascertained, then notice
of such abandonment shall be published in a newspaper of general circulation
in Mesa County at least once a week for four weeks.
The City may thereafter sell, transfer and convey the rights
to use the space. The funds derived from any sale of an abandoned
space shall be considered as a new grave space.
(Ord. 4607, 10-16-13; Adm. Reg. 1-99 § 9, 6-30-99)
