Georgetown Idaho

ORDINANCE #64

AN ORDINANCE PROVIDING FOR THE LOCATION AND UPKEEP OF THE CITY CEMETERY, ITS LOCATION, SUBDIVISION, CONVEYANCES OF LOTS IN SAID CEMETERY, THE NUMERICAL ORDER OF THE SECTIONS, BLOCKS AND SUBDIVISIONS, THE MANNER FOR PURCHASING CEMETERY LOTS, INFORMATION TO BE INCLUDED ON CEMETERY DEEDS, SETTING FORTH THE TYPE OF ARRANGEMENTS TO BE MADE AT TIME OF INTERMENT, PROVIDING FOR THE UPKEEP OF SAID CEMETERY, ESTABLISHING REQUIREMENTS FOR SEALED VAULTS, SETTING THE PURCHASE PRICE FOR BURIAL PLOTS AND OPENING AND CLOSING FEES, WHICH SHALL BE; FOR A SINGLE GRAVE $25.00 FOR RESIDENTS AND $500.00 FOR NON RESIDENTS; OPENING AND CLOSING FEES SHALL BE $150.00 FOR CITY RESIDENTS AND $500.00 FOR NON RESIDENTS, PROVIDING FOR THE COUNCIL TO DETERMINE RESIDENT AND NON RESIDENT STATUS ON A CASE BY CASE BASIS, REPEALING ORDINANCE #15, AND ESTABLISHING AN EFFECTIVE DATE FOR SAID ORDINANCE.

BE IT ORDAINED by the Mayor and Council Members of the City of Georgetown, Idaho.

SECTION I

The Georgetown Cemetery shall be located on the land purchased by the City of Georgetown from Albert Rolph and Wife in the Southwest field of the City of Georgetown, in the County of Bear Lake, in the State ofIdaho, as it appears on record in Book 19 of Deeds, page 183, on file in the Recorder’s Office in said county and state. Said land is hereby set apart and dedicated and established by said City of Georgetown for the burial of the dead and shall be known as the Georgetown Cemetery.

SECTION II

The said cemetery shall be subdivided and laid out in such divisions, lots and blocks with suitable avenues, walks and alleys, designated and numbered in such a way as may be expedient; and a correct map or plat, thereof, shall be made out and acknowledged by the Mayor and shall be carefully preserved in the office of the City Clerk, and sales, conveyances, or transfers of lots in said cemetery shall be established by reference to said map or plat and shall be good and valid.

SECTION III

The conveyances of lots in said cemetery shall be by deed which shall vest the title of the lot so conveyed or transferred in the purchaser, their heirs, and assignees in fee simple, for burial purposes only, subject to such reasonable conditions as the City Council may prescribe. The conveyance of lots in said cemetery from one purchaser to another may be by surrender of the original deed to the City Clerk and upon such surrender being made a new deed shall be made out and executed; signed by the Mayor and attested by the clerk, and sealed to the assignee and such deed shall vest the title of the lots so conveyed or transferred, in the grantees in the same manner as the same was vested in the original purchaser, provided that a $25.00 fee shall be paid to the City Clerk for making the transfer.

SECTION IV

The City Clerk shall keep a cemetery record in a numerical order of the sections, blocks, and subdivisions with separate columns ruled therein for the purchaser, the amount paid, and date of sale. When any block, lot or part thereof shall be sold, the clerk shall make an entry of the purchaser, amount paid, and date of sale opposite the number of the block or lot on record and shall also designate the portion sold by coloring or otherwise indicating same on plat.

SECTION V

All applications for purchasing cemetery lots shall be made to the City Clerk, who shall give to the person applying upon payment by the latter of the proper amount, a deed of the block sold, signed by the Mayor and attested by the Clerk.

SECTION VI

The deed shall be acknowledged by the Mayor and shall contain the following information: the date of purchase, Lot number, Block number, Plot number, purchase amount, conveyance from City to purchaser and his or her heirs, and a notary statement.

SECTION VII

Any person being a property owner in said cemetery desiring to make an interment shall apply to the City Clerk, and upon a satisfactory arrangement being made for the payment of the opening and closing fees, the Clerk shall issue to the applicant a deed to the sexton or person in charge, stating the name of the deceased and the number of the lot or block in which he or she is to be interred and shall make an entry in a suitable book. to be known as the burial record. of the name of deceased, of the date of his or her death, of the lot or block he or she is to be interred, the sex and color, and when practicable and can be obtained, the age, occupation and nativity of deceased.

Any person not being a property owner in said cemetery, desiring to have an interment made, must accompany the application for same with the established price for ground sufficient for a singe grave. No interment shall be made except upon deed of the Clerk as above stated and as therein directed. SEE ATTACHED ADMENDMENT passed and adopted 4, May 2004.

Refer to SECTION XI for current fee schedule.

SECTION VIII

Each grave for a full grown body shall not be less than five and one-half feet deep and for any body not less than five feet.

SECTION IX

The Mayor is authorized to appoint some suitable person as sexton of said cemetery on such terms as to the City Council may seem just and proper.

It shall be the duty of said sexton to dig or cause to be dug all graves, attend to the interment of all dead bodies therein, and fill-in, trim, keep and preserve the graves in good order, exercise proper care over the grounds, walks, drives, monuments, and tombstones. He shall be in readiness at all times by himself or some competent assistant to perform all the duties required of him.

SECTION X

All caskets shall be enclosed in a sealed vault

SECTION XI

On October 7, 2003, the Georgetown City Council established the following rates for cemetery plots and opening and closing fees. The price of a single grave will be:

$25.00 for City residents

$500.00 for non residents

The cost of opening and closing a grave at the time of interment shall be the following:

$150.00 for City residents

$500.00 for non residents

The City Council will determine resident and non resident status on a case by case basis.

SECTION XII

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION XIII

EFFECTIVE DATE: This ordinance shall become effective upon its passage, approval and publication as proved by law.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of the City of Georgetown, Idaho, this 6th day of January, 2004.

City of GEORGETOWN, Idaho

by Albert K. Johnson, Mayor

ATTEST: Marty Nate, City Clerk

**See Resolution 2007-5 dated 6/5/07

AMENDMENT TO ORDINANCE #64

THE FEE SCHEDULE FOR BURYING AN URN OR ANY CONTAINER HOUSING CREMATION REMAINS, SHALL BE THE SAME AS A SINGLE GRAVE. REFER TO SECTION XI FOR FEE SCHEDULE.

EFFECTIVE DATE OF CHANGES FOR THIS AMENDMENT SHALL BE 4 MAY 2004.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF GEORGETOWN, IDAHO, THIS 4TH DAY OF MAY. 2004.

CITY OF GEORGETOWN

by Albert K. Johnson, MAYOR

ATTEST: Marty Nate, City Clerk

AMENDMENT TO ORDINANCE #64

SECTION III:

The purchaser of a burial space may transfer the burial space to any person, providing transfer of a burial space shall only be effective when approved and registered with the City, and upon payment of the transfer fee and surrender of the original deed. If the original purchaser is deceased and/or the original deed has been lost or is not traceable, then the burial space shall be limited to descendants of the original purchaser or their spouses, unless written pemrission is obtained from all other descendants. However, if the original purchaser is still living they may convey a plot to whomever, they choose as long as it is within the provisions of this ordinance.

The owner or holder of a valid certificate for burial space may transfer the burial spaces to the City. The City shall pay such price for the burial spaces as the City from time to time may deem appropriate.

SECTION V:

Purchase of burial spaces is limited to four or fewer burial spaces, providing that any person may apply to the City for the purchase of more than four burial spaces. The City at their sole discretion may approve said application for more than four burial spaces. The City may further set such terms and conditions for the purchase of more than four burial spaces as deemed appropriate.

SECTION XIV:

No trees or shrubbery shall be planted in the cemetery without prior approval by the City Council.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this 3rd day of April 2007.

CITY OF GEORGETOWN
Albert K. Johnson, Mayor

ATTEST: Marty Nate, City Clerk