A. The city is hereby authorized to sell the use of burial plot(s) in the cemetery for interment purposes only and to collect all sums arising from such sale. The city shall keep a complete record of all sales, which record shall describe the location of the burial plot(s) purchased and the price paid therefor. The purchaser shall receive a receipt describing each right of use so purchased, together with the amount paid and the balance, if any. The city shall retain a duplicate copy in the cemetery receipt book.

B. The city council may establish by resolution the burial right fee for all cemetery lots or parts thereof and may include the perpetual care fee on said plots or parts thereof.

C. It shall be unlawful for any person to bury the remains of a deceased person in the cemetery without first paying in advance, and before the opening of the plot to be occupied, the full cost for use of said plot.

D. A burial right certificate shall be exempt from execution, taxation or assessment for care and maintenance from and after full payment of the purchase price. Payments made pursuant to this section shall not be construed to be in payment for any cemetery services.

E. Burial rights to any plot or lot may be transferred, conveyed, or assigned by the purchaser or certificate holder to any person. Burial rights to any plot or lot shall not be sold except to West Point City. The city hereby agrees to buy back the use of any plot or lot for the original price paid or 50 percent of the current value, whichever is greater. All transfers and conveyances must be accepted by and documented with West Point City.

F. Whenever plots or lots are transferred, or revert to the city, or become vested in the municipality for any reason, the original certificate shall be canceled, and the record shall be so changed before new certificates are issued. A transfer fee as set forth from time to time by resolution of the city council shall be paid to the city recorder for such transaction. The city shall be the sole judge of the size of the plot or the number of plots to be sold to any person or family.

G. No work may be performed until all fees are paid. Plots may be purchased in advance, but residential status will be determined at the time of interment based on the residential status of the deceased at the time of death, and nonresident rates may apply. All other fees must be paid at the time of interment.

H. In the event the city or any party desires to exchange one plot(s) inside the cemetery with another plot(s), they may do so by informing the city of their desire and paying for the certificate transfer fee.

I. The right to enlarge, reduce, replat or change the boundaries or grading of the cemetery or a section or sections, from time to time, including the right to modify or change the locations of or remove or re-grade roads, drives, walks, or any part thereof, is hereby reserved. The right to lay, maintain, operate, alter or change pipelines for sprinkling systems, drainage, etc., is also expressly reserved, as well as is the right to use cemetery property not sold to individual plot owners or plots reclaimed for cemetery purposes, including interment of the dead, or for anything necessary, incidental or convenient thereto. [Ord. 09-21-2021A § 1 (Exh. A); Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 05-05-2009. Code 2000 § 12-3-7. Formerly 12.15.070].