§ 166.002. Sale of lots or burial spaces

Sec. 2. 

(a) After the effective date of this Chapter [Part], cemetery lots or burial spaces shall be sold only to residents or taxpayers of the City for the purpose burying the purchaser or his or her heirs at law. The City Clerk may grant exceptions to this sales restriction, but only when the purchaser discloses sufficient personal reasons for burial in the City. In exercising the discretion granted in this section, the City Clerk shall apply the following standards: (1) whether the prospective purchaser was a previous resident or taxpayer within the City, (2) the length of time the prospective purchaser was a resident or taxpayer within the City, (3) the length of time that has elapsed from when the prospective purchaser was a resident or taxpayer of the City and the application to purchase a cemetery lot or burial space, and (4) whether the prospective purchaser falls within the definition of an heir at law of any person interned within the cemetery.

(b) All such sales shall grant a right of burial only and shall not convey title to the cemetery lot or burial space sold. The sale of a cemetery lot or burial space shall be documented on a form approved by the City Council and shall be executed by the City Clerk.

(c) Cemetery lots and burial spaces may be transferred only to those persons eligible to be original purchasers of cemetery lots or burial spaces under this Chapter [Part]. All such transfers shall be accomplished through the following procedures: (1) the owner of the cemetery lot or burial space to be transferred shall complete and sign the assignment of cemetery lot of burial space on the original burial permit issued by the City Clerk, (2) the City Clerk shall determine whether the assignee is qualified to hold a cemetery lot or burial space under this Chapter [Part], (3) if qualified, the City Clerk shall approve the transfer and enter the assignee's interest in the cemetery lot or burial space in the official cemetery records, and (4) the City Clerk shall cancel in the official cemetery records the burial permit assigned and issue a new burial permit to the assignee.