(A) Terms.
(1) Lots in the cemetery may be sold for cash or upon terms of 25% of the purchase price to be paid in cash, and the balance shall be paid in 12 equal monthly payments until the entire balance has been paid, together with interest thereon from date at the rate of 6% per annum, payable quarterly. In the event the owner should allow the account to become delinquent, then the entire amount shall become due and payable immediately. In the event the terms of this contract are broken, the city shall notify the purchaser in writing and if full payment is not rendered within 30 days all payments paid thus far will be forfeited and the city shall have the right to resell such plots. In the event of an interment and the account becomes delinquent, the city shall notify the owner in writing, and if full payment is not rendered within 30 days, the city shall have the right to sell any remaining graves in this plot as single grave plots and no markers shall be erected or the city may remove any body to another part of the cemetery and the entire plot may be resold without any liability to the city whatsoever.
(2) In the event an easement of the aforesaid lots is sold upon terms and the purchaser defaults in the payment of the purchase price according to the terms of sale, the city may, at its option, cancel the aforesaid contract and remove any buried body or bodies from the cemetery, and the city may remove any monument, marker or stone on the lot at the time of such default. In the event the contract is canceled by reason of the purchaser defaulting in the payment of the purchase price, all sums of money collected by the city shall be retained by the city. The city reserves the right, in case of such default and removal of any body or bodies as aforesaid, to resell such lot.
(B) Use of money.
(1) All monies received by the city for the sale of grave plot or plots shall be placed in the General Fund to be used first for the proper maintenance and care of the cemetery and for whatever reason the City Council shall deem necessary.
(2) In the event of a tax levy specifically for the use in the cemetery, this money shall be placed in the debt service fund and used for no other purpose as set forth in the General Statutes of North Carolina.
(C) Deeds on file. The City Clerk shall keep a duplicate copy of all cemetery deeds on file at the office of the Clerk for the city.
(D) Clerk to file with county. The Clerk shall be required to file all deeds with the County Register of Deeds before delivering the deeds to the purchasers and collect the recording fees from the purchasers.
(E) Maintenance. General maintenance of cemetery lots sold by the city shall consist of cutting the grass when necessary, filling in graves when sunken, resodding and otherwise beautifying and keeping the lots neat, clean and in good order.
(1997 Code, § 92.06) (Ord. passed 3-14-1989)