8.090 Sale of Lots.

(1) Purchase Agreement. Persons desiring to purchase a cemetery lot shall first sign a purchase agreement which shall also be signed on behalf of the City of Manitowoc by an authorized representative of the Department of Public Works. The purchase agreement shall describe the parcel purchased, the purchase price, and the time by which the total purchase price must be paid. Prior to signing any purchase agreement, the Department of Public Works representative shall first determine if the lot is available for sale.

(2) Deed. The purchaser shall pay for the lot within the time provided in the purchase agreement to the City Treasurer. The Treasurer shall then notify the City Clerk’s office that the parcel has been paid for. The City Clerk’s office shall provide the purchaser with a properly executed deed for the property.

(3) Sales Price. The sales price for lots in the cemetery and perpetual care shall be set by rule under MMC 8.050.

(4)(a) Private Sale of Cemetery Property Purchased Prior to January 1, 2006. In the event the purchaser of cemetery property wishes to sell the same, the property may only be sold to the City of Manitowoc. The City’s purchase price shall be 75 percent of the current sales price for the parcel involved, plus 75 percent of the perpetual care which has been paid by the owner at the time the lot was purchased. The City shall be obligated to repurchase any lots which it determines to be usable on these terms. However, the City may refuse to repurchase any cemetery property which it determines is unusable.

(b) Private Sale of Cemetery Property Purchased After January 1, 2006. In the event the purchaser of cemetery property wishes to sell the same, the property may only be sold to the City of Manitowoc. The City’s purchase price shall be 50 percent of the original sales price for the parcel involved. The price of perpetual care paid by the owner shall not be part of the City’s purchase price. The City shall be obligated to repurchase any lots which it determines to be usable on these terms. However, the City may refuse to repurchase any cemetery property which it determines is unusable.

(5) Termination of Cemetery Use. Upon approval of the Common Council, any portion of a cemetery owned by the City of Manitowoc may be sold and conveyed for noncemetery purposes or use by the City of Manitowoc for noncemetery purposes; provided, that there shall have been no burials made in the parcel so sold or used.

[Ord. 05-775 § 1, 2005. Prior code § 8.09]