An Ordinance Pursuant to The Police Power of The Township to Provide For The
AN ORDIANCE PROVIDING FOR THE CARE AND MAINTENANCE OF
THE TOWNSHIP OF HOLTON OAKWOOD CEMETERY, FOR THE CREATION OF A PERPETUAL CARE FUND THEREFOR, AND
ESTABLUISHING REGULATIONS FOR THE FUTURE SALE OF BURIAL SPACES THEREIN, AND RELATIVE TO INTERMENT AND PAYMENT OF EXPENSES INCIDENT THERETO.
The Township Board of the Township of Holton, Muskegon County, Michigan also acting as the statutory Board of Health of said Township, hereby ORDAINS:
ARTICLE 1 – LOCATION
SECTION 1. LOCATION OF CEMETERY: The Holton Township Oakwood Cemetery, hereinafter called the Cemetery, comprises all of the lands now held in Trust for public cemetery purposes by the Township Board of Health of the Township of Holton, heretoafter, acquire and now set apart and dedicated for cemetery purposes situated in said township and described as follows, to wit:
That part of the Northeast Quarter (NE ¼) of the Northeast Quarter (NE ¼) of Section 27, of Township 12 North, Range 15 West, described as follows: Commence at the NE corner of Section 27, west 636 ft. for a point of beginning: west 1058 ft., south 418 ft., east 396 ft., south 10 ft., east 182 ft. north-east along M-120 right of way 218 ft. north, 237 ft. to the point of beginning.
ARTICLE II – TITLE
SECTION 2. TITLE AND CONVEYANCING: Upon and after the effective date of this ordinance, in the care and maintenance thereof, the sale of burial spaces in the cemetery according to the plat of the cemetery on official file with the clerk of the township, or by person or persons as appointed by the Township Board as may be from time to time hereafter amended or extended, and interment therein and the payment of expenses incident thereto, shall be governed by this ordinance.
SECTION 2.1 TITLE: 1. The title is fee simple to each burial space in the Holton Township Oakwood Cemetery heretofore conveyed, whether presently constituting an occupied lot or not, and to any burial space hereafter conveyed, remains and shall remain vested in the Township Board, but such conveyance vests and shall vest in each purchaser full burial rights therein, subject to the regulations herein contained.
SECTION 2.2 CEMETERY DEED: 2. A cemetery deed in form approved by the cemetery superintendent and executed by him in behalf of the Township Board on payment of the purchase price and delivered to the purchaser or purchasers as grantee and grantees of a burial space or burial spaces, containing an accurate description thereof, and the name and address of the purchaser or purchasers thereof, and a permanent record thereof shall be kept and maintained by the cemetery superintendent in his office and in the office of the township clerk. Cemetery lots or burial spaces remaining vacate (40) years from the date of their sale, after due notice as required by the Ordinance, shall automatically revert back to the Township.
SECTION 2.3 OWNER/OWNERS: 3. The grantee or grantees therein shall thereafter be deemed the owner or owners thereof subject to the provisions of this ordinance and any amendment or amendments thereof hereafter adopted, until such title shall be divested by conveyance, devise, inheritance, or operation of law, in the same manner as provided by law for the devolution of title to real estate, except that the evidence of any such devolution shall be filed and recorded in the office of the cemetery superintendent and the township clerk instead of the office of the County Register of Deeds.
ARTICLE III – DEFINITIONS
SECTION 3. DEFINITIONS:
1. BOARD: means the Township Board of Holton Township, Muskegon County, Michigan, acting as the Board of Health of Holton Township, whenever appropriate under the statutes of the State of Michigan.
2. SUPERVISOR: means the Holton Township Supervisor. Supervisor will supervise all care of the cemetery. He appoints a person to help him, referred to as the superintendent.
3. SUPERINTENDENT: MEANS THE Holton Oakwood Cemetery Superintendent appointed by the Holton Township Board who shall have the powers and duties prescribed by this ordinance.
4. CLERK: means the Holton Township Clerk. The Clerk is to keep all records.
5. TREASURER: means the Holton Township Treasurer. Treasurer to receive all monies.
6. OWNER: means any person or persons owning the privilege, license or right of interment of a human body in any burial space in the cemetery.
7. BURIAL SPACE: means a plot or portion thereof in the cemetery designed and intended for the interment of a human body, but not already in use for such purpose, nor is the space to be used for any other purpose except that which is incidental to the interment of a human body and the continued and/or subsequent care of the lot or portion thereof.
A burial space is to be used for the interment of either/or: one adult; a mother and newborn child; two babies twelve (12) months of age or younger; or the interment of no more than four (4) crematory inurnment per burial space; or an urn on top of the vault.
8. OCCUPIED SPACE: means any burial space in which a human body has been and remains therein interred.
9. BURIAL LOT: means numbered divisions as shown on the record plat which consists of two or more burial spaces.
10. CEMETERY: is hereby defined to include a burial park for earth interments, a community mausoleum for vault or crypt interments, a crematory or crematorium for cinerary interments, or a combination of one or more that one thereof.
11. INTERMENT: means the permanent disposition of the remains of a deceased person by cremation and inurnment, entombment, or burial.