(a) Whenever any lot in the City Cemetery has been sold by the city for burial purposes, it shall be inalienable except as hereinafter provided. Any conveyance or alienation or attempted conveyance or alienation of any right, title or interest in or to such lot contrary to the following provisions shall be void.
(b) Lot or columbarium niche owners may transfer their lots or niches in the following ways.
(1) Sale or conveyance of a lot or niche When a lot or niche is sold or conveyed to another person, there must be a written agreement of sale signed and acknowledged by the owner and spouse, if any, and the proposed purchaser. Such agreement shall convey the lot or niche to the cemetery, and must contain a request that the cemetery issue a new conveyance directly to the proposed purchaser. Such agreement shall state the specific purchase price and shall affirm payment of the purchase price has been paid to the owner. The purchase price shall not exceed the price that would be charged by the cemetery in its sale of a similar lot or niche at the time of the transfer. Upon filing of the agreement with the cemetery, a transfer and service charge as set forth in City Code Appendix A, shall be paid to the cemetery, and the cemetery shall then promptly issue a conveyance of the lot or niche to the designated purchaser.
(2) Sale or conveyance to city. A lot or niche, if empty, may be resold or reconveyed to the city for the original price paid for the amount listed in City Code Appendix A. If the original price is unknown, the resale price shall be the then current sales price for lots.
(3) Conveyance to city in trust. Any lot or niche owner may in his or her lifetime convey his or her lot or niche to the city in trust for the use and benefit of any person qualified to be buried in the City Cemetery. Such conveyance may contain such conditions, provisions and covenants as the parties may therein agree upon, provided that such terms are not inconsistent with city or state cemetery laws and are acceptable to the city.
(4) Transfer by will. Any lot or niche owner may dispose of the lot or niche by will to any surviving relative or to the city in trust for the use and benefit of any person qualified to be buried in the City Cemetery.
(5) Transfer by intestate succession. Upon the death of an intestate lot or niche owner, the lot or niche, unless used by the decedent or otherwise disposed of according to the above provisions shall descend according to the provisions of M.S. § 525.14, as it may be amended from time to time.
(6) The city may refuse to consent to a transfer when there is any indebtedness due the city from the record lot or niche owner.
(7) The city may fix a charge for all transfers of ownership in lots or niches. No transfer of ownership shall be complete or effective until all charges are paid, if such charge is made.
(1958 Code, § 77.05) (Ord. 5, passed 5-26-1953; Ord. 82-45, passed 11-8-1982; Ord. 85-50, passed 11-18-1985; Ord. 2014-13, passed 9-22-2014; Ord. 2020-40, passed 11-23-2020)