G16-77 Ordinance No. G16-77
AN ORDINANCE
AMENDING CHAPTER 12 OF THE CITY CODE ENTITLED
"DEPARTMENT OF CEMETERIES"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 2.24.140 of Chapter 2 of the Elgin Municipal
Code, 1976, entitled "Lots or grave space--Purchase" be and is hereby
repealed.
Section 2. That Section 2.24.160 of Chapter 2 of the Elgin Municipal
Code, 1976, entitled "Lot or grave space--Installment sales" be and is
hereby repealed.
Section 3. That Chapter 2 of the Elgin Municipal Code, 1976, is hereby
further amended by adding Section 2.24.160, entitled "Lots or grave space--
Purchase" to read as follows:
"2.24.160 Lots or grave space--Purchase
A. Any person desiring to purchase any lot or part thereof
or grave or graves in Bluff City Cemetery or any other cemetery
owned and operated by the city as such, shall pay the purchase
price thereof to the city treasurer, who shall thereupon give the
purchaser a receipt for the amount paid. Where burial space is
provided in Bluff City Cemetery in exchange for like space in
Elgin Cemetery, the receipt given shall so state, and shall
indicate the lot or graves by customary description both as to
the lots or graves in Bluff City Cemetery and as to the lots or
graves in Elgin Cemetery. Credit for such space will be on the
basis of fifteen cents per square foot for each square foot of
burial space in Elgin Cemetery and shall be credited on account
of the purchase price of burial space in Bluff City Cemetery. On
presentation of such receipt to the city clerk, it shall be the
duty of the city clerk to prepare a deed for such burial space so
purchased, which instrument shall be signed by the mayor, attested
by the city clerk, executed under the seal of the city, delivered
to the purchaser and recorded.
B. The premises purchased shall be used for no other purpose
than the burial and interment of the human dead, subject to the
ordinances of the city and the laws of the state.
C. No interment shall be allowed until all fees and costs
have been paid in full for that grave space and burial.
D. The superintendent may contract with purchasers for the
sale of lots and/or perpetual care of any lot under the following
terms and conditions:
1. An initial downpayment of not less than all fees
and costs for grave spaces that are then to be used or five
percent (5%) of all lots purchased, must be made at the time
of entering into an installment agreement.
2. The balance of such purchase price shall be made in
installments as follows:
$200 or less 12 months
$201 to $400 18 months
$401 to $800 24 months
$801 to $1,200 30 months
Over $1,200 36 months
3. At the final installment contract date, any remaining
balance shall be assessed a penalty of one percent (1%) per month
of the unpaid balance for one year, at such time, all payments
other than for actual interments if any, shall constitute
liquidated damages for the breach of the contract and any
unused grave spaces shall revert to the City.
4. All interest or liquidated damages from these install-
ment contracts shall be transferred to the general cemetery
operating fund.
5. The city council, by resolution, may provide that the
city enter into contracts for the sale of tracts of lots or
graves to recognized nonprofit religious or fraternal organiza-
tions, providing for payments to be made over a longer period
of time than thirty-six (36) months, in accordance with terms
and conditions established by the council."
Section 4. That all ordinances or parts of ordinances in conflict with
the provisions of this ordinance be and are hereby repealed.
Section 5. That this ordinance shall be in full force and effect from
and after its passage and publication in the manner provided by law.
s/ Richard L . Verbic
c an ter.ic, `•yor
Presented: April 13 , 1977
Passed: April 13 , 1977
Vote: Yeas 6 Nays 0 Abstained I
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk