§ 26-28. Ownership and title of lots.

(a)

For the purpose of this section, the term "lot owner" or "ownership" shall be construed to mean an easement and the right to use a lot, as purchased from the city for a consideration, for burial purposes only and under the regulations as prescribed by the city for such use.

(b)

The title to a cemetery lot vests in the lot owner the right to use such lot for burial purposes only, for himself or his immediate family, which shall include the lot owner's father or mother, wife or husband, brother or sister, son or daughter, stepson or stepdaughter, father-in-law or mother-in-law, brother-in-law or sister-in-law, daughter-in-law or son-in-law, grandchildren and grandparents, provided that such admission is free of charge, without compensation and in accordance with the cemetery regulations. Graves for adults as well as for children must not be less than four feet deep.

(c)

All burial rights in cemetery lots purchased from the city occupy the same position as real estate at the death of the owner. Only such persons as names appear on the cemetery records of the city will be recognized as owners of the lots. If the death of a lot owner occurs, when the cemetery lot is disposed of by will, a certified copy of the will must be delivered to the city clerk before the city will recognize the change in ownership. If the deceased lot owner left no will, a certified copy of the proof of heirship made in the county judge's court must be presented. A lot owner in making a will may include the cemetery lot and must will it to one person.

(d)

Any purchaser of a cemetery lot from the city may only resell that lot to the city and only for the original purchase price.

(Code 1988, § 7-29; Ord. No. 04-02, 2-12-04)