Council extends cemetery operational suspension and seeks fixes to burial-authority rules

On April 12 the Midway City Council moved to continue and extend an operational suspension (moratorium) on cemetery operations for six months while staff and legal review a proposed resolution that would require proof of legal authority for internments, transfers and use of burial rights.

City counsel presented a draft form and checklist listing acceptable proof — letters testamentary, court orders, copies of trusts, notarized waivers and burial rights certificates — and described the city’s intent to rely in good faith on submitted documentation without undertaking heirship determinations. Several council members and residents described practical problems: older deeds that remain in names of deceased relatives, burials that appear to conflict with deed records, and multi-generation families where locating every heir or obtaining unanimous waivers would be unduly burdensome.

Council discussion focused on balancing the city’s need to prevent wrongful interments and transfers with the practical difficulties families face proving authority. Several members suggested removing or narrowing the “unanimous written consents from all known heirs” option and instead relying on court orders or clear documentary proof where necessary. The council approved a motion to extend the suspension for six months (to allow staff to fix records, scan documents and clarify the proposed resolution) and directed staff to return with a refined resolution and recommended procedures.