(a) A cemetery trust fund is created and established, and the city treasurer is authorized and empowered to receive in trust from any party having charge of or owning any lot or lots in a city cemetery any sum of money, not less than $50.00, to be kept as a perpetual fund, the interest of which, at a rate to be fixed as set forth in this section, shall be applied to the repair, improvement and ornamentation of the lot or lots in the cemetery owned by the depositors of the fund or on account of which the fund may be deposited or for any other purpose for the improvement or beautifying of the cemetery as such depositor may direct. The city treasurer is authorized to receive from any person, in trust upon like conditions and for like purposes, a sum of money not less than $25.00, the interest of which shall be used and applied for the perpetual repair, improvement, beautification and ornamentation of any single burial lot or any burial place in the cemetery, not exceeding a one-half lot, as regularly laid out and platted in the cemetery. Such repairs, improvements and ornamentation shall be as follows: All lots for which money is held in trust shall be thoroughly sodded over and kept sodded, mowed, cut and trimmed, when necessary from May 1 to November 1, in each year, and such other improvements as depositors and the board of cemetery trustees may agree upon; provided, that in no case shall it be compulsory to expend a greater amount for such sodding, mowing, cutting and trimming, improving and beautifying of such lot than the income from such trust fund deposited by any such depositor.
(b) The city treasurer upon receiving a deposit from any such depositor shall execute a receipt for the amount of the trust fund so deposited, which receipt shall designate the name of the depositor, the amount deposited, and the purpose for which the funds were deposited. No such receipt shall bind the city to receive such trust fund on deposit until such receipt has been countersigned by the chairman or president of the board of cemetery trustees, who is authorized for good and sufficient reasons to reject or refuse to accept any such deposit, in which case the fund shall be returned to the depositor, or to his heirs, representatives or assigns.
(c) It shall be the duty of the city treasurer to account for all such moneys so deposited in his annual report; and it shall be one of the duties of his office to faithfully account for all moneys deposited in the fund, to keep a record of all moneys so deposited, the amount, by whom deposited, and the purpose for which such deposits are made, and the amount of interest of such fund expended; and he shall make an annual report to the city council.
(d) The amount of money received by the city in trust may be used by the city for any purpose not inconsistent with the provisions of the Charter and if so used shall be charged to the fund for which it is used and credited to the trust fund; and the city shall pay as interest for the use of the fund not less than four percent per annum, payable annually; and when any part of the fund is not used by the city, it shall be loaned by the city council upon good security to be approved by it; and when so loaned, the rate of interest shall be at the rate of not less than five percent per annum, to be paid annually; and all such interest shall be credited to the trust fund and be used for the purposes set forth for which the fund is created.
(e) The interest on the trust fund shall be paid by the city treasurer to the board of cemetery trustees upon the order of the board, and any excess of interest not used in any year shall be credited by the treasurer to the general trust fund.
(Ord. No. 17, § 4, 12-12-1924)