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951.04 SALE OF LOTS.
   (a)   The Director of Safety-Service is hereby authorized to execute and deliver a proper deed to each purchaser of a lot in all City owned cemeteries upon the payment of the price fixed therefor, and shall keep a suitable and proper record showing the sales of lots and the names and addresses of the owners thereof.
(Ord. 66-125. Passed 7-18-66.)
   (b)   All new sales of lots for immediate interment shall be paid at once, or as designated by the Director.
   (c)   Adjacent space or lots for future interments may be reserved. However, such space shall be paid for in full in one lump sum within one year from the date of the reservation.
   (d)   All past deposits on lots shall be paid in full within one year from the passage date of subsections (b) through (d) of this section (Ordinance 84-44, passed February 21, 1984). Extenuating circumstances will be reviewed by the Director, and extensions may be granted under his or her direction.
(Ord. 84-44. Passed 2-21-84.)
   (e)   All lots which are now being held on such past deposits, and which are not paid for in accordance with subsection (d) hereof, shall be released for resale. Any moneys held for those lots shall be retained by the City as liquidated damages and shall be deposited in the General Fund.
(Ord. 82-169. Passed 7-6-82.)
951.05 COMPLIANCE WITH STATE LAW.
   The Director of Safety-Service shall, in his management of all City owned cemeteries, his control of the receipts and the sale of lots and burial spaces therein, his control of the laying off and embellishing of the grounds of such cemeteries, his receipt of donations, his direction of the making of improvements, his making of expenditures, and in his management and control of the moneys and property in his possession or under his control, comply with the provisions of Ohio R.C. 759.14 and all other laws applicable thereto.
(Ord. 1966-125. Passed 7-18-66.)
951.06 MEMBERS OF THE ARMED FORCES.
   (a)   The Director of Safety-Service is hereby authorized to amend the rules and regulations governing City owned cemeteries to provide that no charge shall be made for the grave, burial, chapel or tent of any resident of the City who, at the time of death, was a member of the Armed Forces of the United States, and who was on active duty with the Armed Forces, whether male or female, if burial is made in the soldier's plot or a newly purchased family plot consisting of two or more graves. In case burial is made in a previously purchased lot, the services provided shall be confined to opening and closing of the grave and the use of the chapel or tent, at no charge.
(Ord. 1969-135. Passed 10-6-69.)
   (b)   Section J of the Brookdale Cemetery is hereby designated as the veteran's section, in which a veteran and his or her spouse will be allowed to be buried next to each other.
(Ord. 95-302. Passed 12-18-95.)
951.07 CEMETERY TRUST FUND.
   The City pledges its faith and credit to forever hold as a permanent fund, to be known as the Cemetery Trust Fund, a portion of moneys, as determined by the Safety-Service Director, received from the purchases of burial spaces and lots. Council shall authorize the Treasury Investment Board, as its agent, to invest and keep invested such funds in safe, interest-bearing bonds or certificates of deposit in financial institutions within the State, that are authorized by law to accept deposits and which are subject to inspection by either the United States or by the State, or to invest such moneys as may hereafter be determined by law. All interest income derived from this Fund shall be deposited to the Cemetery Maintenance/Improvement Fund.
(Ord. 82-9. Passed 1-19-82.)
951.08 CEMETERY MAINTENANCE/IMPROVEMENT FUND.
   The City pledges to expend a portion of the moneys received for the sale of cemetery lots, as determined by the Safety-Service Director, for the perpetual care of the lots, the improvement, embellishment or enlargement of City owned cemetery grounds, and the maintenance or replacement of equipment and vehicles of City owned cemeteries.
   Any and all other moneys received and any special gifts or bequests shall also be deposited to the credit of the Cemetery Maintenance/Improvement Fund.
(Ord. 82-9. Passed 1-19-82.)
951.09 MANNER OF MAKING DISBURSEMENTS.
   Disbursements from the Cemetery Trust Fund or the Cemetery Maintenance/ Improvement Fund shall be by warrant drawn by the City Auditor in the manner now in use in the City or in the manner hereinafter provided by law.
(Ord. 82-9. Passed 1-19-82.)
951.10 REPORTS AND STATEMENTS TO COUNCIL.
   Quarterly, the Safety-Service Director shall furnish Council with a written report showing all moneys received and disbursed by him in the management and control of cemeteries. In January of each year, the Director shall furnish Council with a written statement showing the number of burial spaces and lots sold, to whom sold and the amount received therefor, during the preceding calendar year. The Director shall also furnish Council with a detailed statement of the expenditures during the calendar year, showing the time and purpose of each payment and to whom made. In connection with the annual statement, the Director shall also state, in writing, the amount of money in his possession and in the Cemetery Maintenance Improvement Fund, whether or not any of the funds have been invested and, if so, a detailed list of such investments, and evidence of funds on deposit.
(Ord. 82-9. Passed 1-19-82.)
951.11 INVESTMENT OF IMPROVEMENT FUND; SALE OF INVESTMENTS. (REPEALED)
   (EDITOR'S NOTE: Section 951.11 was repealed by Ordinance 82-9, passed January 19, 1982.)
951.12 CREMATION OF A BODY AT THE EXPENSE OF THE CITY.
   (a)   All burials that are at the expense of the City, pursuant to R. C. § 9.15, shall be by cremation.
   (b)   A copy of R.C. § 9.15 is made a part hereof as Appendix “A.” Said Rules And Regulations are kept on file in the Elyria Parks and Recreation Department and Elyria Cemetery Division.
(Ord. 2015-46, passed 4-20-15.)
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