[Adopted 10-16-2003 by Ord. No. 10-2003]
This article shall apply to cemeteries owned and controlled by the City of Auburn, including but not limited to Soule Cemetery and the North Street Cemetery.
A. 
There shall be a commission consisting of eight individuals to be known as the "Cemetery Commission." Such Commission shall consist of the City Manager, Comptroller, Director of Public Works, a member of the Council, and one cemetery lot owner residing in the City of Auburn, one cemetery lot owner residing in the Town of Sennett, one licensed funeral home director regularly conducting a funeral business in the City of Auburn and one ex-officio member-at-large. The cemetery lot owners, funeral director and ex-officio member shall be recommended by the Mayor and approved by Council, shall hold office for two years from the first day of January following their appointment, and shall serve without compensation.
B. 
The Commission shall meet at City Hall from time to time upon the call of the City Manager, or of any two other members of such Commission. Four members shall constitute a quorum.
The City Manager shall be the general administrative head and shall conduct such administration generally in accordance with the policy, plans and regulations adopted by the Commission, in accordance with the provisions of § 135-16. The City Manager shall have authority to appoint an administrator to act on his or her behalf and employ a superintendent and such other help in connection with the conduct, maintenance and upkeep of such cemetery as the Commission may deem advisable.
The City Clerk shall be the Clerk of the Commission and shall keep a correct and true record of all of its meetings and of all action taken by such Commission, and he or she shall be the general custodian of the records and maps of cemeteries and the Commission.
The Commission shall have the power to provide for the upkeep and maintenance of cemeteries and their use for burial purposes and to provide for the survey, plotting or replotting of cemeteries and of all lands owned by the City in connection therewith, in order to show the various sections or divisions of the cemetery that are opened up and in use, with the names of owners of lots so far as the same can be ascertained, and the sections, lots or parcels remaining unsold and available for burial purposes. The Commission shall have authority to fix the prices at which various lots or portions of lots belonging to cemeteries may be sold and to provide and adopt general regulations for the maintenance, conduct and upkeep of cemeteries, but no sums of money appropriated or belonging to a cemetery shall be expended for any capital purpose in excess of an aggregate amount of $250 unless by special authority of the Council.
The Commission shall be subject to the control and direction of the Council, and any general regulation, direction or resolution for the conduct, upkeep or improvement of cemeteries shall be subject to amendment, revision or rescission by the Council.
Sales of a cemetery's lots shall be made at prices fixed by the Commission. All conveyances shall be executed in the name of the City by the City Manager and attested by the City Clerk, who shall keep a record of all such conveyances and the price received therefor. No conveyance shall be delivered except upon receipt of the purchase price, which shall be immediately deposited by the City Clerk with the City Treasurer to the credit of such Cemetery Fund. The City Clerk shall also provide and keep a record of the owners of lots and of the transfer of title thereto from time to time.
A. 
Accounts and reports. The City Comptroller shall keep a general account of all moneys, funds and securities belonging to a cemetery or held or received in trust or for the purposes of such cemetery and shall, from time to time, invest and reinvest such funds under the general direction of the Commission. He or she shall at least annually, on or before the first day of May in each year, and at such other times as the Commission may direct, make a full report and account of the finances and various funds of such cemetery and of the moneys expended in the upkeep and maintenance of same.
B. 
Deposits and investments. All moneys and funds belonging to a cemetery or received by the City and designated as part of the special endowment fund shall be kept and deposited separately and apart from other City funds. Any bank deposit of such funds shall be in the name of such "Cemetery Fund, City of Auburn" and shall be withdrawn only upon the check of the City Treasurer issued upon an appropriate warrant of the City Comptroller. Any investment of trust funds, or funds available for investment, shall be in the name of the City for the benefit of such cemetery. No investment of any trust funds belonging to a cemetery shall be made unless approved by the Commission.
C. 
Custody of securities. The City Comptroller shall have the custody of all securities taken or held on behalf of a cemetery or representing investment of cemetery funds. Such securities shall be kept by the City Comptroller in a safety deposit box in such bank or trust company as may be designated by the Commission and shall be subject to the general direction of the Commission. All such securities shall be inspected and checked at least annually by the Commission.
So far as practicable there shall be two general funds or accounts of moneys received, appropriated or belonging to each cemetery, as follows:
A. 
Fund for upkeep and extension. A general indebtedness, maintenance and endowment fund, consisting of funds received from the sale of lots, the purpose of which shall be to provide for expenditures that are to be made in connection with the upkeep or extension of such cemetery. Moneys from this fund may be deposited with other City funds.
B. 
Special endowment fund. A special endowment fund which shall consist of legacies and donations made generally for the perpetual care of lots. The income from this fund shall be used so far as necessary for the care and maintenance of the particular cemetery, lots or sections for which given, and any excess income may be available for general upkeep and maintenance.
It shall be the duty of the Council to provide for the necessary upkeep, maintenance and extension of cemeteries and the necessary capital expenditures therefor.
The Council shall make an appropriation in its budget for upkeep, maintenance and extension of cemeteries and shall, if other funds of a cemetery are insufficient, provide for the payment of necessary labor required for such maintenance and upkeep.