HomeMy WebLinkAboutOrdinance #3096 ORDINANCE NO 3096
WHEREAS, Title 8 (Public Ways & Property), Chapter 7 (Cemeteries, Administration)
of the City of Canton Municipal Code sets forth the administration of the City's cemetery and its
board; and
WHEREAS, the Lake, Buildings, and Grounds Committee has determined that for
financial and organizational purposes, it is in the best interests of the citizens of Canton to
restructure the City owned cemetery; and
WHEREAS, the Lake, Buildings, and Grounds Committee has determined the
restructuring of the administration of the cemetery should include the abolishment of the
cemetery board and investing the powers of that board in the City Council; and
WHEREAS, the Lake, Buildings, and Grounds Committee has determined that the
position of the Superintendent of Cemetery is under and contained in the position of the
Superintendent of Buildings & Grounds; and
WHEREAS, the Lake, Buildings, and Grounds Committee has reviewed the
proposed amendment and concur that it is necessary and in the best interest of the administration
of the City of Canton, its employees and citizens;
WHEREAS, the City Council has made a similar determination.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, FULTON COUNTY, ILLINOIS as follows:
1. That Title 8 (Public Ways & Property), Chapter 7 (Cemeteries, Administration) Section 1
(Board of Cemetery Managers) of the Canton Municipal Code shall be repealed in its
entirety and amended as follows:
(A) The Superintendent of Buildings and Grounds shall have the care, charge,
management, and control of any cemetery under the supervision of the City. Employees of
cemetery are employees of the City of Canton and shall be under the supervision of the
Superintendent of Buildings and Grounds; provided, however, that such care, management, and
control shall be under the supervision of the City Council.
(B) Appraisal of Lots: The superintendent of Buildings and Grounds, or his designee,
shall appraise the lots which remain unsold in the cemeteries, and shall, from time to time, when
deemed expedient reappraise such lots as remain unsold.
(C) Manner of Expending Receipts: All receipts on account of said cemeteries shall
be in custody of the City Treasurer whether the same be by appropriation by the council,
donations, sale of lots or by contributions to the perpetual care fund as hereinafter provided for
said receipts arising from the sale of lots, from donations, or from appropriations by the council
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and shall be exclusively expended and applied under the direction and control of the council in
preserving, protecting, ornamenting, improving and laying out the grounds of said cemeteries,
and the avenues and walks therein. But the City Treasurer shall not expend the money belonging
to the cemetery funds in advance of the receipt thereof, nor incur any debts on account of said
cemeteries, without the prior consent of the council.
(D) Accounts: The City Treasurer shall keep a cemetery account, in which all monies
received shall be charged, and she shall report, orally or in writing, at the second regular meeting
of the council in each month, a statement in brief, of all receipts and expenditures. All revenues
shall be brought to the City Treasurer. The Mayor, City Treasurer, and City Clerk shall be
authorized as signatory of all cemetery bank accounts. Checks must be endorsed by two (2) of
the three (3) authorized signators.
2. That Title 8 (Public Ways & Property), Chapter 7 (Cemeteries, Administration) Section 2
(Superintendent; Fees) of the Canton Municipal Code shall be amended as follows:
(A) Deleted in its entirety
(B) Deleted in its entirety
(C) Shall be amended to read as follows:
The Superintendent of Buildings and Grounds shall have charge, control and
superintendence of said cemeteries, subject to the orders and directions of the city
council, and he shall preserve and keep in proper repair the enclosure of said
cemeteries so, as far as possible, to prevent destruction or defacing of any
gravestones, tablets, or monuments placed or erected in said cemeteries.
Superintendent shall be ex officio a police officer of the City and shall have the right
to make arrests for the violation of the provisions of this Code concerning cemeteries,
or otherwise, the same as any other police officer of the City. Said superintendent
shall have charge of copies of all plats and books concerning said cemeteries and the
lots within the same, and shall, at the request of any person wishing to purchase any
of said lots or parts of lots, point out to said person any of the lots remaining for sale,
and upon the disposal of any such lot or lots, he shall notify the City Clerk of the fact,
whose duty shall be, upon payment of the price thereof to the City Treasurer, to make
and execute a deed in manner and form as hereinafter provided, to the purchaser of
said lot or lots so purchases and paid for.
The Superintendent shall oversee the operation of the cemetery, but day to day
operations shall be overseen by the Sexton who reports directly to the Superintendent.
The Sexton, or his designee, shall have the duty to dig, without delay, all graves in
said cemeteries, for the digging of which application shall be made to him by the
owners of any loot or lots, or any other person having the right of interment therein,
and such application shall, in all cases, be accompanied by a receipt from the City
Treasurer or City Clerk showing that all fees and charges for the digging of such
grave and other work incident to such interment have been paid to the City Treasurer,
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and also by a burial permit from City Clerk as required by the provisions of this Code
relative thereto. The Sexton, or their designee, shall attend every interment in person;
he shall fill up and neatly trim all graves as soon as possible after depositing the
coffin therein; he shall also fill up and trim all graves that have or may hereafter settle
or sink in; he shall register the names and ages of all persons interred in said
cemeteries and the places of their interments, subject to the inspection of any person
interested, and he shall, on or before the first Monday in each month, make out and
furnish to the City Clerk, a statement, in writing, showing the number of interments
made in said cemeteries during the preceding month, with the name and age of each
person so interred; he shall also keep the alleys, walks and avenues in said cemeteries
in good order and unobstructed, so that a free passage and access may be head to all
lots , and he shall perform such other labor and services as may be necessary and
requisite to the duties of his office and as the Superintendent and/or City Council so
direct; he shall oversee the grading an ornamentation of all lots, and shall perform
such work and services for individual lot owners as may be reasonable, or City
Council may require, and shall certify all charges for such services to the City Clerk,
subject to the rules of the City Council.
(D) Delete in its entirety
(E) Shall be amended to read as follows:
Fees: The fees to be charged for the services of cemetery staff in connection with
interments in said cemeteries, shall be set by the City Council from time to time. Said
fees shall be paid to the City Treasurer in advance before said work shall be
performed and receipt given therefor. A list of said fees shall be conspicuously
posted at the Sexton's office or the office of the cemeteries. All fees paid for these
services shall be paid to the City Treasurer.
3. That Title 8 (Public Ways & Property), Chapter 7 (Cemeteries, Administration) Section
3 (Perpetual Care) of the Canton Municipal Code shall be amended as follows:
(A) Shall be amended to read as follows:
Gift Authorized: Any person or persons whomsoever, is and are herby authorized
and empowered to give, donate, devise or bequeath any sum of money not less than
one thousand dollars ($1,000.00), or any funds, securities, or property of any kind of
value of which shall not be less than one thousand dollars ($1,000.00), to City
Council on behalf of said cemeteries, in perpetual trust, for maintenance, care, repair,
upkeep or ornamentation of such cemetery, or any lot or lots, or grave in such
cemetery, specified in the instrument making such gift, donation, devise or bequest.
City Council is hereby authorized and empowered to receive and hold in perpetual
trust any such money, securities, funds and property given, donated, devised or
bequeathed to it in trust. City Council shall have the right to convert said property
into money, and shall invest the proceeds thereof and the money so given, donated,
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and bequeathed to it, as is or may be provided by the statutes of the state as proper
investments of trust funds. The principal of such trust fund shall be kept intact and
perpetually invested, and the income thereof shall be perpetually applied for the
purposes specified, in the instrument making such gift, donation, devise or bequest,
and for no other reason or purpose.
(B) Treasurer's Duty as to Trust Funds: The City Treasurer shall have the custody of all
money and property received in trust from the cemeteries and shall pay out the same
only upon the written order of the City Council and she shall keep permanent books
of record of all such trust funds and all receipts and disbursements thereof, and for
what purposes received and disbursed, and shall annually make a report in writing to
City Council, under oath, showing balances, receipts and disbursements, including a
statement showing the amount and principal of trust funds on hand and how invested,
which report shall be audited and approved by City Council if found correct.
(C) Clerk Duties: The City Clerk shall keep a permanent record of the proceedings of
the Council as those proceedings pertain to the City cemeteries and shall maintain
those records in the course of her normal duties as she does with all minutes of
council meetings and according to state law. The City Clerk shall also keep a
permanent record of the trust funds, from whatever sources received, the amounts
thereof, and for what purposes, respectively, and she shall annually, at the time the
City Treasurer makes her report to council, make a report under oath to council,
stating therein, substantially the same matter required to be reported by the City
Treasurer, which report, if found correct shall be approved and preserved by City
Council.
(D) Section D shall remain as written.
(E) Title To Funds: Any such trust executed to the cemetery by its name shall vest in the
City Council and take effect to all intents and purposes as if executed by City
Council.
(F) Form of Agreement to Donor: The form of trust agreement with the donors to said
fund may be in form substantially as follows:
This agreement, made this day of A.D.,
20_, between and the
City of Canton, County of Fulton, State of Illinois.
Witnesseth: That the said has deposited with
the Treasurer of the City of Canton, the sum of$ , in
consideration of which the City of Canton hereby agrees to receive
and hold said sum in trust forever, and invest the same with other
funds of a like character, and apply the income therefrom from time
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to time, to the care of graves, grass and preservation of trees and
shrubs upon or in Lot # on Block # in
Division , in Greenwood Cemetery, and the surplus,
if any, at the enc of each year, is to remain as a sinking fund, and
not to be used for any other purposed but the taking care of the said
lot and cemetery grounds.
Provided, however, that the Council or the City Treasurer shall
never be held responsible for their conduct in the discharge of such
trust, except for want of good faith, and such reasonable diligence
as may be required of mere gratuitous agents. Furthermore, the
funds so received shall, when properly invested, be deposited with
the City Treasurer and held by her and her successors in trust
perpetually.
Atte City of Canton,
Ci Clerk < May r
Date Date
(G) Deleted in its entirety.
4. That Title 8 (Public Ways & Property), Chapter 7 (Cemeteries, Administration) Section
(Deeds) of the Canton Municipal Code shall be amended as follows:
(A) Deed to Lots: All deeds to cemetery lots shall be signed in the name of the City, by
the Mayor or his designee, and countersigned by the City Clerk, and executed under
the corporate seal of the City and shall be substantially in the following form:
The City of Canton, in consideration of$ paid to the City of Canton by
does hereby in confoOrmity with the provisions of the
City is such cases made and provided, give, grant, bargain, sell and convey to the said
(here insert the description of lot) of
Cemetery, to have and to hold the same with appurtenances, unto the said
, his heirs, and assigns forever, for the purpose of burying therein
his or their dead, and for no other purpose whatsoever; and conditioned that no right
or title under this deed shall or may be assigned or transferred without the consent in
writing of the Council; subject nevertheless, to all provisions of the City for the
government of the cemeteries of the City of Canton and the State of Illinois statutory
regulations.
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(ItyCity of Canton,
er Mayor
ice, D2�/io�c�
Date Date
Ayes: Aldermen Gerald Ellis, Justin Nelson, Angela Hale, Craig West, Tad Putrich,
David Pickel
Nays: None
Absent: Aldermen John Lovell, Jim Nelson
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