2006 New York Code - Title To Former Town Burial Grounds; Care, Maintenance And Operation; Appropriation For Care And Maintenance; Transfer Of Funds.



 
    §  4-117  Title  to  former town burial grounds; care, maintenance and
  operation; appropriation for care and maintenance; transfer of funds. a.
  Title to former town burial grounds. Title to any  burial  ground  which
  formerly  was  the  public  property  of  any  town,  village  or  city,
  consolidated into and now a part of the city  of  New  York,  is  hereby
  declared to vest in the city of New York.
    b.  Care and maintenance of said burial grounds. The agency designated
  by executive order  of  the  mayor  shall  be  charged  with  the  care,
  maintenance and operation of said burial grounds.
    c.  The head of such agency shall promulgate such regulations as he or
  she deems necessary and proper in relation to the care, maintenance  and
  operation  of  any such cemetery under his or her jurisdiction. The head
  of such agency shall prescribe in such regulations reasonable  interment
  fees  and  charges for the care of graves and other services customarily
  rendered in cemeteries. Notwithstanding any other provision of law,  the
  head  of  such agency shall prescribe in such regulations, a schedule of
  prices as recommended by the  commissioner  of  citywide  administrative
  services for the sale of lots in any such cemetery, and the commissioner
  of  citywide  administrative  services  shall be authorized to sell such
  lots for such prices without further approval  of  any  other  official.
  Instruments  evidencing the ownership of any purchaser of such lot shall
  be executed by the commissioner of citywide administrative services  and
  approved  as  to form by the corporation counsel. All fees, charges, and
  other moneys received by the head of such agency in connection with  the
  care,  maintenance  and operation of any such cemetery and all sums paid
  to the commissioner of citywide administrative services for  lots  shall
  be  paid to the comptroller and deposited in and credited to the general
  fund.
    d. Appropriation for care, maintenance and operation. There  shall  be
  appropriated  by  the  city  funds  to  provide  for  the  proper  care,
  maintenance and operation of said burial grounds.
    e. All funds and property held by any trustee of such burial  grounds,
  other  than  funds and property held in trust, shall be paid over to the
  comptroller and deposited in and credited to the general fund. All funds
  and property held by any such trustee in trust shall  be  paid  over  or
  delivered  to  the comptroller, and shall be held in trust, administered
  and managed by the comptroller, with power to invest and re-invest,  for
  the  purposes  for  which  such funds and property were held in trust by
  such trustee. In any case in which an officer  or  agency  of  the  city
  incurs  any  expense  in carrying out any such trust, including expenses
  for providing perpetual care, cemetery  maintenance  and  care,  or  any
  other  service,  work  or  materials  contemplated  by  such  trust, the
  comptroller may reimburse the city for such expense from the income from
  the trust funds or property held by the comptroller in  connection  with
  such  trust,  and  from the corpus thereof where the terms of such trust
  permit the use of the corpus for carrying out its purposes.

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