115.01 Definition | 115.09 Grave Markers |
115.02 Trusteeship and Establishment of Trust Fund | 115.10 Mausoleums |
115.03 Cemetery Sexton | 115.11 Additional Regulations |
115.04 Perpetual Care Registry | 115.12 Memorial Work |
115.05 Sale of Interment Rights | 115.13 Landscaping and Planting |
115.06 Perpetual Care | 115.14 Right to Replat |
115.07 Rules and Regulations | 115.15 Transfers or Assignments |
115.08 Foundations | 115.16 Gifts to Employees Prohibited |
A perpetual trust is hereby established for the cemetery in accordance with Iowa Code Chapter 523I, the Iowa Cemetery Act. A restricted fund is created, to be known and designated as the "perpetual care cemetery fund," which shall be funded by the deposit of an amount equal to or greater than twenty percent of the gross selling price, or $50.00, whichever is more, for each sale of interment rights within the cemetery. The fund shall be administered in accordance with the purposes and provisions of Iowa Code Chapter 523I. The perpetual care cemetery fund shall be maintained separate from all operating funds of the cemetery and the principal of the fund shall not be reduced voluntarily except as specifically permitted by the Iowa Cemetery Act and applicable administrative regulations. The City hereby states its willingness and intention to act as the trustee for the perpetual maintenance of interment spaces and cemetery property.
(Ord. 1605 - Jun. 16 Supp.)
The Cemetery Sexton shall operate the cemetery in accordance with the rules and regulations therefor and under the direction of the Council. The duties of the Cemetery Sexton are as follows:
(Code of Iowa, Sec. 372.13[4])
1. Supervise Openings. Supervise the opening of all graves and be present at every interment in the cemetery;
2. Maintenance. Be responsible for the maintenance of the cemetery buildings, grounds and equipment and make a monthly report of the cemetery operation to the Council.
The cemetery shall maintain a registry of individuals who have purchased interment rights in the cemetery subject to the care fund requirements of the Iowa Cemetery Act, including the amounts deposited in the perpetual care cemetery fund. The registry shall include all the following:
(Code of Iowa, Sec. 523I.311)
1. 1. Sales or Transfers of Interment Rights.
A. The name and last known address of each owner or previous owner of interment rights.
B. The date of each purchase or transfer of interment rights.
C. A unique numeric or alphanumeric identifier that identifies the location of each interment space sold by the cemetery.
2. Interments.
A. The date the remains are interred.
B. The name, date of birth, and date of death of the decedent interred, if those facts can be conveniently obtained.
C. A unique numeric or alphanumeric identifier that identifies the location of each interment space where the remains are interred.
(Ord. 1605 - Jun. 16 Supp.)
The sale or transfer of interment rights in the cemetery shall be evidenced by a certificate of interment rights or other instrument evidencing the conveyance of exclusive rights of interment upon payment in full of the purchase price. The agreement for interment rights shall disclose all information required by the Iowa Cemetery Act, including the amount or percentage of money to be placed in the perpetual care cemetery fund. The payment of all fees and charges shall be made at the office of the Clerk where receipts will be issued for all amounts paid. Said fees and charges shall be based upon the charges as established by the Council by resolution.
(Ord. 1605 - Jun. 16 Supp.)
The Council, by resolution, shall accept, receive, and expend all moneys and property donated or left to them by bequest for perpetual care, and that portion of interment space sales or permanent charges made against interment spaces which has been set aside in a perpetual care fund. The assets of the perpetual care fund shall be invested in accordance with State law. The Council, by resolution, shall provide for the payment of interest annually to the appropriate fund, or to the cemetery, or to the person in charge of the cemetery to be used in caring for or maintaining the individual property of the donor in the cemetery, or interment spaces which have been sold with provisions for perpetual care, all in accordance with the terms of the donation or bequest, or the terms of the sale or purchase of an interment space and Chapter 523I of the Code of Iowa.
(Code of Iowa, Sec. 523I.503, 523I.507 & 523I.508)
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