Resolution on Notice to Unused Burial Plot Owners Regarding Plot Status and Termination of Rights
A resolution to notify those who have not used a right to a burial plot after 60 years that they must express interest in using the site or their rights will be terminated.
WHEREAS, Utah State Code 8-5-6 and Huntington City Code 12.10.280 authorizes Huntington City to adopt a resolution related to unused burial lots, sites, or portions of a cemetery to encourage orderly operation and maintenance of the city cemetery;
WHEREAS, the City desires to notify the owners of unused burial sites to allow them to express their desires related to the sites;
NOW THEREFORE BE IT RESOLVED by the City Council of Huntington City, Emery County, Utah:
Pursuant to City records the following individuals or entities have rights to lots, sites, or a portion of the Huntington City Cemetery, which has been unused for burial purposes for more than 60 years:
JAMES HENRY STEVENSON 4 PLOTS PURCHASED 1906
CHARLES EDWIN SAXTON 4 PLOTS PURCHASED 1903
ROSE, RILEY 4 PLOTS PURCHASED 1920
PETER THOMAS FURLONG 5 PLOTS PURCHASED 1910
PALMER, G 7 PLOTS PURCHASED 1897
JOSEPH NIELSON 7 PLOTS PURCHASED 1919
GERALD M. HUNTER 7 PLOTS PURCHASED 1939
Any of the above or those claiming through them must file with the city recorder notice of any claim to the lot, site, or portion of the cemetery within 60 days after service of this resolution, and express interest in the cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to use the lot, site, or portion of the cemetery for a burial.
The City Recorder shall cause a copy of this resolution to be personally served on the above owners in the same manner as personal service of process in a civil action.
If the owner cannot be personally served with this resolution, then the City Recorder shall publish this resolution:
(i) for three successive weeks in a newspaper of general circulation within the county; and (ii) in accordance with Section Utah Code 45-1-101 for three weeks; and mail a copy of the resolution within 14 days after the publication to the owner’s last known address, if available.
If, for 30 days after the last date of service or publication of this resolution, the owner or person with a legal interest in the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of the cemetery for burial purposes, the owner’s rights are terminated and that portion of the cemetery shall be vested in Huntington City.
BE IT FURTHER RESOLVED, this resolution shall become effective immediately upon approval of the Huntington City Council.
PASSED AND APPROVED this 18 day of December, 2019.
ATTEST:
Jenene Hansen, City Recorder
Published in the ETV Newspaper December 25, 2019, January 1, 2020 and January 8, 2020.