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