Ness City Cemetery Guidelines
(1). Name:
The cemetery grounds are known as the Ness City Cemetery and when the word "cemetery" is hereafter used in these guidelines, it
shall mean the Ness City Cemetery.
(2). Ownership: The Ness City Cemetery is under joint ownership of Center Township and City of Ness City for the use of cemetery purposes.
(3). Cemetery Management: The supervision and management of said cemetery shall be under the direction and control of the Mayor of
the City of Ness City and Center Township Officers as an association body and is known as the Ness City Cemetery Association. The said
body shall have full power and authority to make all rules and regulations necessary and proper respecting the said cemetery as provided
by law, which rules and regulations may at anytime be changed, amended or repealed by a majority vote of the Ness City Cemetery Association.
(4). Cemetery Sexton: The sexton shall be appointed by the Ness City Cemetery Association. This sexton shall have charge of the care,
upkeep and maintenance of the Ness City Cemetery and all work in connection therewith. The sexton shall direct opening and closing all
graves and see that all rules and regulations in connection with the enclosure of lots and grave spaces and adornment of the cemetery are observed.
The sexton shall work with the secretary in keeping appropriate ownership records reference cemetery conveyances, interments and
disinterment.
(5). Cemetery Secretary: The secretary shall be appointed by the Ness City Cemetery Association. This secretary shall be the custodian
of the cemetery records and transactions respecting the sale of any lots. This secretary shall work with the sexton in keeping appropriate
ownership records reference cemetery conveyances, interments and disinterment. All money received from the sale of cemetery lots shall
be receipted into the Ness City Cemetery Association checking account, as well as payroll and accounts payable expensed from the
Ness City Cemetery Association checking account for the cemetery. The secretary and treasurer are responsible for the preparation if the annual statement and for filing the annual "Not for Profit Corporate Annual Report" with the State of Kansas.
(6). Sale of Lots and Permanent Upkeep: Hereafter the following charges shall be paid by the purchaser of cemetery lots:
For each one-half lot (4 Spaces) $800.00
For each one-half lot (2 Spaces) $400.00 (north or south half of lot)
For each individual space $200.00
Said fee includes permanent upkeep by the cemetery.
(7). Cemetery Conveyances: Cemetery lots shall be conveyed by cemetery deed signed by the Mayor and countersigned by Center
Township Treasurer and notarized, specifying that the purchaser to whom the deed is issued is the owner of the lot or plot, for the
purpose of interment; and such cemetery deed shall vest in the purchasers, his or her heirs or assigns, a right in the regulations of the
described lots(s), subject to the rules and regulations of Ness City Cemetery Association; and such deed shall be recorded in the office
of the Ness County Register of Deeds without further acknowledgement; and such description of lots shall be deemed and recognized
as a sufficient description thereof.
No person shall hereafter convey or transfer any lot or portion thereof without a quitclaim deed signed and then filed with the secretary
designating who the new owner shall be.
Any owner of a lot may give permission in writing filed with the secretary for the interment of others than his or her own immediate family.
(8). Plat: The cemetery sexton and cemetery secretary shall be responsible for the keeping of an up-to-date plat of the cemetery, showing the
ownership of all lots and blocks, the streets and alleys.
(9). Plantings and Adornment: It shall be unlawful to erect or construct or place any statues, fences, coping or curbing of wood, stone,
brick, cement, or other material on or around any lot or part of any lot or grave, or to plant any tree, flower or shrub on any cemetery lot
or grave. At all times, the sexton shall have the right to remove any tree which may obstruct stones or a burial site. The sexton shall have
the right at all times to remove all natural or artificial flowers, plants, wreath, baskets, receptacles, decorations, trees, shrubs, and plantings
whenever, in the judgment of the sexton, they have become wilted, dead, or unsightly or are of such type, kind, or nature as to obstruct
or hinder the proper maintenance of the cemetery or are not approved by the Ness City Cemetery Association.
(10). Monuments, Headstone, Footstone, Supervision: No headstone, monument, footstone or other structure or permanent adornment of
any kind shall be placed on any lot without first obtaining a monument setting permit from the the sexton or his/her assigns. All tombstones,
monuments, headstones and/or footstones will be set under the direction, approval and supervision of the cemetery sexton. All materials and
monuments must be unloaded from the nearest street and the lots properly planked and protected from all injury. All dirt or refuse of the job shall immediately be removed from the lots and the cemetery by the parties erecting the structure or memorial. All monuments and markers must be
set inside the lot line and parallel to the line, also level and plumb, and if not so placed, the Ness City Cemetery Association shall have the right
to have such stones and work changed so as to conform with this regulation, and the cost and expense thereof shall be charged to and collected
from the person, firm or corporation erecting the work; and any person, firm or corporation who fails, neglects or refuses to comply with this or any
other provisions of this article may be refused permission by the Ness City Cemetery Association to place any more work in said cemetery. Any
person, firm, or corporation in said cemetery who shall refuse to pay the expenses incurred by the Ness City Association in correcting defective
work shall be barred from doing any work or placing any monuments, tombstones, or footstones in said cemetery until all of the regulations of this
article shall have been complied with and all expenses paid.
Corner markers are not to be moved or removed for any reason.
All monuments and their bases must be within the lot boundaries no extending over the lot line.
It shall not be the responsibility of the cemetery to maintain temporary markers placed on graves.
Tombstones, monuments, headstones or footstones placed in the Ness City Cemetery will be made of either granite, marble or bronze.
Tombstones, monuments, headstones or footstones made of limestone, wood, concrete or metal, other than bronze, or any other materials
are prohibited. Markers made from these prohibited material already located in the Ness City Cemetery will be monitored by the sexton. If
the sexton determines that a certain marker has significantly deteriorated, the lot owner of record or the family will be notified and arrangements
will be made to replace the marker at the owner's expense.
(11). Right of Ownership:
The Ness City Cemetery Association, its officers and employees reserve the right to limit the sale and/or transfer of plots and lots,
as well as their location.
(12). Interment Rules: No interment may be commenced without first obtaining a burial permit from the Ness City Cemetery Association.
Only human bodies shall be interred in said cemetery. All bodies or cremains interred in said cemetery shall be enclosed in a concrete box,
metal, stone, or cement burial vault and the top of such burial box or vault must be at least (3) three fee below the surface of the ground,
except in the use of an individual surface mausoleum which shall be so constructed as to have a sealing joint which is no less than six (6)
inches below the natural surface of the ground and shall be covered with a four (4) inch thick single piece of granite which shall be flush
with the natural level of the ground. No grave shall hereafter be covered with anything except marble, granite, soil or sod. Upon prior
Board approval and permit issuance, up to two (2) human bodies may be buried in a burial plot. In the case in the case of cremations, the
cremated remains of two (2) human bodies may be buried on a single burial plot.
(12). Disinterment: Disinterment will be by permit only.
(13). Public Offenses: It shall be unlawful for any person to willfully make any unnecessary noise or disturbance, or to cut down, deface,
mutilate or injure any lot, tomb, tombstone, monument, headstone, footstone, marker, railing, tree, shrub, flower, decoration or grave in said
cemetery.
APPROVED: March 6, 2024
FOR PAPER COPY OF RULES & REGULATIONS VIEW AT CITY OF NESS CITY OFFICE.