HomeMy WebLinkAboutOrdinance #3098 CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF
CANTON,ILLINOIS,AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED
MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 21st DAY OF
APRIL,2015 ADOPTED ORDINANCE NO. 3098 A TRUE AND CORRECT COPY OF WHICH
IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 21 ST DAY OF APRIL, 2015.
(SEAL)
IANA PAVLEY-RO K
CITY CLERK
ORDINANCE NO. 3098
AN ORDINANCE AMENDING TITLE 8 (PUBLIC WAYS & PROPERTY),
CHAPTER 8 (CEMETERIES, GENERAL PROVISIONS)
OF THE CITY OF CANTON MUNICIPAL CODE
WHEREAS, Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General
Provisions) of the City of Canton Municipal Code sets forth the administration of the City's
cemetery and its board; and
WHEREAS, the Legal & Ordinance 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 Legal and Ordinance 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 Legal and Ordinance 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 Legal and Ordinance 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 8 (Cemeteries, General Provisions)
Section 1 (Interments) of the Canton Municipal Code shall be amended to read as
follows:
8-8-1: INTERMENTS:
(A) Interments: No body shall be interred in any lot, the title to which is derived from
the City, except by permission of and under the direction of the Superintendent of
Buildings and Grounds or the Sexton of said cemeteries; no body shall be interred
in said cemeteries by any person having the right so to do without first filing with
the Superintendent of Buildings and Grounds or the Sexton a notice thereof,
specifying the lot upon which such interment is to be made, which notice shall
also be accompanied with a burial permit from the City Clerk showing that all
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fees and charges incident to such an interment have been paid; no graves shall be
made in any of the streets, avenues, walks or alleys in said cemeteries, and every
interment hereafter made in the cemeteries shall be made in the manner
hereinafter provided, and as may be provided by the reasonable rules and
regulations of the City Council.
(B) Section B shall remain as written.
(C) Section C shall remain as written.
2. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 2 (Removing Bodies) of the Canton Municipal Code shall be amended to read as
follows:
8-8-2: REMOVING BODIES:
No person shall open, or cause to be opened, any grave, or take up or remove, or cause to be
taken up and removed, any body interred in the cemeteries, unless in compliance with the
provisions of this code relative thereto, and with the permission and under the direction of the
Superintendent of Buildings and Grounds or the Sexton; provided, that during the months of
May, June, July, August, September and October, no body shall be disinterred within three
(3) years after decease; and provided further, that in the cases where death was caused by
smallpox, diphtheria, scarlet fever, or other pestilential disease, no body may disinterred
within five (5) years from the time of death.
3. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 3 (Offenses Defined: Defacing Grounds) of the Canton Municipal Code shall be
remain as written.
4. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 4 (Grave Markers, Monuments) of the Canton Municipal Code shall amended to
read as follows:
8-8-4: GRAVE MARKERS, MONUMENTS:
(A)No grave marker or monument shall be placed in any cemetery or place of interment
owned, controlled, or managed by the City, or any subdivision thereof, which
measures more than thirty six inches (36") in height or more than sixteen (16:0 in
depth or more than sixty inches (60") in width.
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(B)The City Council may, by majority vote of all councilmen appointed, vary any of the
foregoing size limitations by plus or minus twenty-five percent(25%).
(C)as used in the foregoing subsections, the following terms are defined as follows:
DEPTH: Measurement of the thickest part of the monument from front to back.
"Front of the monument" is defined as that side of the monument facing
the foot or interior of the coffin.
HEIGHT: Measurement from the ground vertically in a ninety degree (90°), or right
angle to the uppermost part of the monument.
WIDTH: Measurement of the monument from side to side, left to right, at the most
distant lateral points as one faces the front of the monument.
5. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 5 (Foundations for Monuments), Section 6 (Ornamentations Prohibited), Section
7 (New Cemeteries Prohibited) and Section 8 (General Penalty) of the Canton Municipal
Code shall remain as written.
6. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 9 (Fines Disposition) of the Canton Municipal Code shall amended to read as
follows:
8-8-9: FINES, DISPOSITION: All fines, forfeitures or penalties imposed or recovered
under the provisions of this chapter, less the expense in recovering the same, shall be paid
over to the City Treasurer to be carried to the perpetual care fund and to be used in the
maintenance, improvement and support of the cemeteries.
7. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 10 (Superintendent of Buildings and Grounds or Sexton; Notice of Violation) of
the Canton Municipal Code shall amended to read as follows:
8-8-10: SUPERINTENDENT OF BUILDINGS AND GROUNDS OR SEXTON;
NOTICE OF VIOLATION: It shall be the duty of the Superintendent of Buildings and
Grounds or the Sexton to give notice to the Mayor, or his designee of every violation of
the provisions of this chapter, which in any manner comes to his knowledge, and it shall
be the duty of the Mayor, or his designee to prosecute promptly all persons who shall be
guilty of such violations of this chapter.
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8. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 11 (Greenwood Cemetery) of the Canton Municipal Code shall amended to read
as follows:
8-8-11: GREENWOOD CEMETERY:
(A) Description: The premises heretofore conveyed by the Canton Cemetery Company
to the City in trust for cemetery purposes known and described as follows:
A part of the northwest quarter of section thirty four town seven north range and range
four east of the fourth principal meridian, and bounded as follows: Beginning at the
southwest corner of said quarter section and running thence east fifty three and one-
eighth poles to a stake, thence north twenty four poles to stake, thence west fifty three
and one-eighth poles to stake, thence south twenty four poles to place of beginning,
containing seven and ninety six hundredths acres; also a part of the northwest quarter of
section thirty-four in the same township above named and described and bounded as
follows: Beginning at the southwest corner of said section running thence west forty
rods, thence north twenty rods, thence east forty rods, thence south twenty rods to the
place of beginning, containing five acres more or less; and also a part of said section
thirty-four bounded as follows: Beginning at a stone five chains north and five chains
west of the center of said section thirty-four, running thence west four chains and ninety-
two links, thence north one degree east six chains and 60 links, thence north 83 degrees
and 4 chains, thence south 7 chains and twenty links to the place of beginning, containing
three and thirty-eight hundredths acres more or less, be and the same are, set apart and
dedicated to cemetery purposes and uses, to be kept, controlled and directed by the City,
and that the survey and plat of the burial ground above described duly recorded in the
office of the recorder of deeds of Fulton County, Illinois, shall be the legal and
established survey and plat of said burial ground hereinafter named.
(B) Name: Said burial ground as described in the preceding subsection of this section,
shall be called and known hereafter by the name of Greenwood Cemetery.
(C) Rights of Purchasers: The purchasers or assigns of any lot, under the provisions of
this chapter, or heretofore purchased from the Canton Cemetery Company, shall not
be dispossessed of the same for nonpayment of any taxes, fines or penalties that may
be imposed by any provision of this code, and any such lot may be alienated by the
purchaser, or his heirs or assigns, but the same shall not be used for any purpose
except for the burial of the dead in conformity with the regulations now in force, or
which shall hereinafter be enacted by ordinance of the City, and the owner of any lot
may permit, under such regulations, others to bury their dead on such lot.
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(D) Use of Funds: All money arising from the sale of any cemetery lots in Greenwood
Cemetery shall be reserved as a fund to be appropriated exclusively to the fencing and
ornamentation of said cemetery and for the employing of a Sexton in the manner
hereinafter provided, to take care of the same and to perform such other duties
incident hereto as the City Council may from time to time ordain in making such
improvements therein as shall become proper or necessary, or the City Council shall
direct.
9. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 12 (Maple Addition) of the Canton Municipal Code shall amended to read as
follows:
8-8-12: MAPLE ADDITION:
(A) Description: The following described territory:
A part of the southwest quarter of section thirty-four, town seven north, range four east of
the fourth principal meridian, in the county of Fulton and the state of Illinois, described
as follows: commencing at the center of said section thirty-four running thence west
941.4 feet, thence south 614 feet, thence east 941.4 feet, thence north 614 feet to the
place of beginning, heretofore purchased by the City of Canton for cemetery purposes
and use, and to be kept, controlled, and directed by the City.
(B) Name, City Council to Have Charge Of: The said cemetery described in subsection
(A) above shall be known and designated as Maple Addition to Greenwood Cemetery,
and shall be under the charge and control of the City Council as hereinbefore established,
and shall be subject to all provisions of this chapter relating to cemeteries so far as they
shall apply to the same.
(C) Perpetual Care and Improvement Fund: Forty percent (40%) of the purchase price of
all lots in said Maple Addition shall be set apart by the City Council as a perpetual care
fund for said lots and said fund to be controlled and invested as provided for in this code
in the case of perpetual care funds.
10. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 13 (Forest Law Addition) of the Canton Municipal Code shall amended to read as
follows:
8-8-13: FOREST LAWN ADDITION:
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(A) Description, Name: That tract of land lying immediately south of division A of
Greenwood Cemetery, immediately east of maple Addition to Greenwood Cemetery, and
immediately north of St. Joseph's Cemetery, heretofore acquired by the City for cemetery
purposes, is hereby set apart and dedicated to cemetery purposes and uses, to be kept,
controlled and directed by the City, and to be known and designated as, Forest Lawn
Addition to Greenwood Cemetery.
(B) City Council To Have Charge Of: The said cemetery described in subsection (A)
above shall be known and designated as Forest Lawn Addition to Greenwood Cemetery
and shall be under the charge and control of the City Council as hereinbefore established,
and shall be subject to all of the provisions of this chapter relating to cemeteries so far as
they shall apply to the same.
(C) Perpetual Care and Improvement Fund: Forty percent (40%) of the purchase
price of all lots sold in said Forest Lawn Addition shall be set apart by the City Council
as a perpetual care fund for said lots and the said fund to be controlled and invested as
hereinafter provided in the case of perpetual care funds.
11. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 14 (Swan's Addition) of the Canton Municipal Code shall amended to read as
follows:
8-8-14: SWAN'S ADDITION:
(A) Description: The following described property, situated in the county of Fulton
and the state of Illinois:
A part of the southwest quarter of section 34, township 7 north, range 4 east of the 4`"
principal meridian, a more detailed description being: Beginning 614 feet south of the
section 34, township and range aforesaid, thence west 471 feet, thence south 50 feet,
thence east 471 feet, thence north 50 feet to the place of beginning, known and
designated as Swan's Addition to Greenwood Cemetery is hereby set apart and dedicated
to cemetery purposes and uses, to be kept, controlled, and directed by the City.
(B) Name, City Council to have Charge Of: The cemetery described in subsection
(A) above shall be known and designated as Swan's Addition to Greenwood Cemetery
and shall be under the charge and control of the City Council as hereinbefore established,
and shall be subject to all of the provisions of this chapter, relating to cemeteries so far as
they shall apply to same.
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(C) Perpetual Care and Improvement Fund: Forty percent (40%) of the purchase
price of all lots sold in said Swan's Addition shall be set apart by the City Council as a
perpetual care fund for said lots and said fund to be controlled and invested as provided
in this code in the case of perpetual care funds.
12. That Title 8 (Public Ways & Property), Chapter 8 (Cemeteries, General Provisions)
Section 15 (Shepley Addition) of the Canton Municipal Code shall amended to read as
follows:
8-8-15: SHEPLEY ADDITION:
(A) Description, Name: The following described property, situated in the county of
Fulton and state of Illinois:
A tract of land located in the Southwest Quarter of section Number 34, in Township
Number 7 North, Range Number 4 East of the Fourth P.M., more particularly described
as beginning 661.5 feet South of the Northeast corner of said quarter section, running
thence South 84 degrees 41 minutes, West 1475 feet to a stake, thence South 5 degrees 19
minutes East 435.6 feet to a stake, thence South 85 degrees 34 minutes, East 500 feet,
thence South 89 degrees 21 minutes, East 480 feet, thence South 4 degrees 30minutes,
East 90 feet, thence North 84 degrees 41 minutes, East 500 feet, thence North 4 degrees
30 minutes, West 661.5 feet to a point of beginning, containing 19 acres of land, situated
in the town of Canton, county of Fulton, and state of Illinois, excepting that part of said
premises describes as follows: Beginning at a state set 5 feet North of an iron pin set at
the Southeast corner of the North Half of the Southwest Quarter of section 34, in
township 7 North and Range 4 East of the Fourth Principal Meridian, thence North
4degrees 30 minutes, West 120 feet to a stake, thence South 84degrees 41 minutes, West
500 feet, to a stake, thence South 4degrees 30 minutes, East 120 feet to a stake, thence
North 84degrees 41 minutes, East 500 feet to the place of beginning, situated in the
County of Fulton, and the state of Illinois, be known and designated as Shepley Addition
to Greenwood Cemetery is hereby set apart and dedicated to cemetery purposes and uses,
to be kept, controlled, and directed by the City.
(B) Name, City Council To Have Charge Of. The cemetery described in subsection
(A) above shall be known and designated as Shepley Addition to Greenwood Cemetery
and shall be under the charge of the City Council as hereinbefore established, and shall be
subject to all the provision of this code relating to cemeteries so far as they shall apply to
same.
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Perpetual Care and Improvement Fund: Forty percent (40%) of the purchase price of
all lots sold in said Shepley Addition shall be set apart by the City Council as a perpetual
care fund for said lots and said fund to be controlled and invested as hereinafter provided
for in the case of perpetual care funds.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a
regular meeting this 21 st day of April 2015 upon a roll call vote as follows:
AYES: Aldermen Gerald Ellis,Justin Nelson,John Lovell,Angela
Hale, Craig West, Tad Putrich, Dave Pickel,Jim Nelson
NAYS: None
ABSTAIN: None
APPROVED:
Jeffrey A. Fritz, ayor
ATT ST:
iana Pavley-Roc , City Clerk
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