[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee as Ch. 37 of the 1976 Code. Amendments noted where applicable.]
[Amended 3-17-1998 by Ord. No. 98-15]
The public cemeteries owned by the City shall be known as "Fairview Cemetery," "Maple Grove Cemetery" and "East Street Cemetery" and shall be under the charge and control of the Commissioners of Fairview Cemetery.
The Commissioners of Fairview Cemetery shall have general charge and control over all public cemeteries owned by the City and may make such regulations relative to the care and use thereof as they may deem necessary.
Burial lots in cemeteries owned by the City may be laid out by the Commissioners and may be sold to purchasers at such prices and on such terms as to payment as said Commissioners may determine. Any person desiring to purchase a lot shall apply to the Superintendent of Cemeteries, who shall have authority to assign lots to purchasers. Immediately after the assignment of any lot to a purchaser, the Superintendent shall notify the City Treasurer, who shall cause a deed for such lot to be prepared and executed as provided in Chapter 9 of this Code, which deed shall be delivered to the purchaser by the Treasurer upon receiving payment in full therefor. The Commissioners may make such further and additional regulations relative to the payment for any lot sold as they may deem proper, and, unless otherwise provided or agreed upon, all deeds of lots shall be taken and paid for within three months from the time of the assignment of the respective lots, and if not so taken, any such lot may be assigned to another purchaser.
All deeds of lots in any public cemetery owned by the City shall be made subject to the following conditions:
That the lot hereby conveyed shall be used only as a burial place for the dead, and that, if the same shall ever be used for any other purpose, it shall thereupon be forfeited and revert to the City and its successors and assigns.
That the possession and use of said land shall be subject to all such general regulations for the care, management and control of the cemetery as may from time to time be adopted by the Commissioners of Fairview Cemetery.
All sums of money which have been or may be deposited with the City Treasurer by any person under the provisions of the statutes of this commonwealth for the preservation, care, improvement or embellishment of any public or private burial place situated in the City or of burial lots located in the same and all sums which have been or may be bequeathed by any person for said purpose shall be received and held by the Treasurer as special trust funds, and he shall be responsible for such trust funds in like manner as for other money received by him as Treasurer.
Such funds shall be deposited by him in some suitable savings bank or institution for savings, and the income arising from such deposit or investment may be collected by said Treasurer and expended by him in accordance with the terms of the trust under which the several principal sums were received. It shall be competent for the City Council to direct, if it so desires, that the Treasurer pay over the entire income or any part thereof to the authorities having charge of the cemetery or burial place in which the lots are located for the care of which cemetery burial place or lots the funds are held. No greater income shall be paid or allowed on any such funds than is received by the Treasurer herefrom, and in the case of noninvestment of said funds, the rate of interest that may be allowed shall not exceed the current rate of dividends as allowed in savings banks.
No money shall be received by the Treasurer, either on deposit or by bequest, for the perpetual care of cemetery lots, unless the terms of the donation or bequest are sufficiently specific to enable him to identify the particular lot or lots intended to be cared for by the income of said funds. All lots for the care or preservation of which any money may be deposited or bequeathed shall be designated by such suitable and appropriate marks as may be prescribed by the Commissioners of Fairview Cemetery. Such mark shall be provided by the person making the deposit or by the executor of the will containing the bequest, and in case it is not so provided, the Treasurer shall be authorized to procure the same and charge the expense thereof against the income which may be received from such fund.
The City Treasurer is authorized to receive any conveyance to the City of any lot in any burial place in the City for the perpetual care of which any sum has been deposited with him, and any lot so conveyed shall not be again sold or conveyed to any person, and no permission shall be granted for the burial of any bodies therein after said deed shall have been so received, but said lot shall be forever held and kept in repair by said Commissioners according to the terms of the trust under which deposit of money has been made.
The City of Chicopee shall use the sums of money transferred and turned over to it by the proprietors of the Maple Grove Cemetery only for the preservation, care, improvement and embellishment of the Maple Grove Cemetery, and the income from all trust funds transferred and turned over to it by the proprietors of the Maple Grove Cemetery shall be expended by the City of Chicopee in accordance with the terms of the trust under which the principal sums were given.