The cemetery of the City of Auburn constituted
under Chapter 57 of the Laws of 1880 and known as "The Soule Cemetery"
is hereby continued, and the City is hereby authorized and empowered
to hold and to continue to hold all the lands, rights and property
acquired by it in connection with such cemetery and generally to manage
and provide for such cemetery. All lands and rights acquired by the
City, and all sales and conveyances of lots in such cemetery for burial
purposes, pursuant to the provisions of such Act are hereby recognized,
ratified and confirmed.
A.
All the lands and rights included within such cemetery,
whether acquired under or pursuant to said Chapter 57 of the Laws
of 1880 or otherwise, shall continue to be deemed and held as a part
of the territory of such City, in addition to any other lands herein
described as constituting the City of Auburn. All of such land shall
continue to be under the jurisdiction of the City and be subject to
the jurisdiction of its courts and officers as fully to all intents
and purposes as any part of said City, and all the provisions of this
Charter shall apply thereto, so far as practicable or available.
B.
Any additional land contiguous to such cemetery hereafter
acquired for the purposes of such cemetery and used in connection
therewith may be annexed to the City of Auburn pursuant to Article
17 of the General Municipal Law.
All such cemetery lands and property shall be
exempt from all taxation, including school, highway and local improvement
assessments.
A.
Council to provide for management. The Council shall
provide for the erection, construction and maintenance of all necessary
or desirable buildings, vaults, roadways, paths, and fences and for
the planting of shrubs, trees and grass and for other ornamentation;
provide for surveys, maps, and plots and make division into lots and
parcels; sell lots and plots for burial purposes and fix the price
thereof; permit burial without charge where means to pay are not available;
make appropriation in the annual tax budget for its support and upkeep
and needed repairs to grounds, buildings and approaches and give effect
to any of the powers or duties herein specified; provide for an accurate
system of accounting covering all financial transactions of the cemetery;
accept and receive money, funds and property for such cemetery, in
trust or otherwise, and hold and administer the same; regulate the
use of such cemetery, interments, disinterments, and the erection
of structures, monuments, fences and markers; generally provide for
the protection of such cemetery and its property and the property
and rights of individual lot owners; regulate and control the uses
thereof; and prohibit the use thereof for anything other than for
cemetery purposes.
B.
Ordinances, rules and regulations. The Council shall
have power to exercise any of the foregoing powers, rights and duties
by ordinance, rules and regulations and to provide for the violation
thereof by fine or imprisonment, or both. All provisions of this Charter
in reference to ordinances shall apply to any such cemetery ordinance.
Chapter 57 of the Laws of 1880, excepting § 1
and the last sentence of § 7, is hereby repealed, but such
repeal shall in no manner affect, abridge, alter or impair any right
of the City therein or any right or interest acquired by any person
in or to said cemetery, or to any lot therein, or in or to any structure
or property erected thereon.[1]
[1]
Editor's Note: Original Art. XIV, City Court,
which immediately followed this section, was deleted as superseded
by L. 1972, c. 543 and the Uniform City Court Act.
