§ 12-5. Application for lease of cemetery lots.
(a)
Except as to burial lots acquired from the city prior to September 8, 1997, by a deed of conveyance, all burial lots in all city cemeteries will be conveyed to the public for interment use only, by leases of perpetual duration, on forms provided and required for use by the city. The city clerk has the responsibility to coordinate the preparation of leases for burial lots in the public cemeteries of the city at prices established by the city council. There are no price discounts for the lease of multiple lots. Cemetery lots must be leased with cash. No financing arrangements are available.
(b)
Cemetery lot lease prices are set from time to time, and a schedule of such prices is on file and available in the city offices.
(c)
Applications to lease more than four burial lots in a single lease must first be approved by the city manager.
(d)
Sunset and Webb cemeteries each contain a number of lots reserved for the burial of deceased city residents only, whose immediate family cannot afford to lease a lot or who have no known surviving family. The city manager has the authority to make grants of lease rights to such lots for burial of eligible deceased residents.
(e)
The lease of any cemetery interment rights shall in all cases be accomplished by forms and instruments prepared and furnished by the city pursuant to this chapter. The city may exchange interment rights between lessees when desired but when done so, must be in accordance with this Code and with proper adjustments for the required lease price of the lots being exchanged, if any, according to the residency of the respective lessees of such lots at the time of the requested exchange.
(f)
No conditional or partial transfer of interment lease rights and no lease of a divided interest, except to a person who is already a part owner of lease rights to the same lot, will be allowed.
(g)
Lease application information shall include the following, as appropriate:
(1)
Name of person leasing the lot (lessee).
(2)
The lessee's permanent residence address.
(3)
The lessee's social security number (optional in lessee's discretion).
(4)
The lessee's date of birth.
(5)
If the lease is for immediate burial of the lessee's spouse or relative:
a.
An affidavit of the lessee's marital or specific blood relationship to the deceased.
b.
Name of the person to be interred (the deceased).
c.
Address of the principal residence of the deceased.
d.
Name and addressee of next of kin of the deceased.
e.
Date of death of the deceased.
f.
Date of birth of the deceased.
g.
Social Security number of the deceased.
h.
Age of the deceased at time of death.
(6)
Name of the funeral home in charge of burial services.
(7)
Designation of lot by block or section number, row and lot number.
This information will also be recorded in the cemetery ledgers and on the card file at the city's cemetery operations office. A second copy will be kept at the city hall. Change of address notification by the lessee will be required in all leases.
(h)
Proper lease procedure will be documented on cemetery records sheets and will be confirmed by the installation of an index card attached to a three-by-eight-inch frame on the leased burial lot, or to a stake if weather is inclement.
(i)
Leases of burial lots made in time of immediate need (death) when no preneed arrangements have been finalized shall require the following:
(1)
Notification of the cemetery supervisor during regular city days of operation/business, Monday through Friday, must be made prior to 4:00 p.m. for same day service. Notifications made after 4:00 p.m. will carry over to the next business day;
(2)
No notifications will be accepted on weekend days;
(3)
The City of Shelby Holiday Policy, as revised and modified by city council from time to time, is adopted and incorporated as a part of this Code as fully as if set forth verbatim in this chapter. Specifically, no notifications will be accepted on the following city observed holidays—New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, and Veterans Day; and
(4)
Thanksgiving two-day holiday—Notification allowed on Friday prior to 11:00 a.m.; and
(5)
Christmas two or three-day holiday—Notification allowed as follows:
a.
If Christmas falls on Monday (city observes Monday and Tuesday)—Notification allowed Tuesday prior to 11:00 a.m.
b.
If Christmas falls on Tuesday (city observes Monday, Tuesday, and Wednesday)—Notification allowed Monday prior to 11:00 a.m.
c.
If Christmas falls on Wednesday (city observes Tuesday, Wednesday, and Thursday)—No notification allowed until Friday.
d.
If Christmas falls on Thursday (city observes Wednesday, Thursday, and Friday)—Notification allowed Friday prior to 11:00 a.m.
e.
If Christmas falls on Friday (city observes Thursday and Friday)—Notification allowed Thursday prior to 11:00 a.m.
f.
If Christmas falls on Saturday or Sunday (city observes Friday and Monday)—Notification allowed Monday prior to 11:00 a.m.
(Ord. No. 32-97, § V(III), 9-8-1997; Ord. No. 53-2008, § 1, 11-3-2008; Ord. No. 25-2013, § 1, 8-5-2013)