Skip to code content (skip section selection)
(A) The term perpetual care shall in no case be construed as meaning the maintenance, repair, or replacement of any grave markers placed upon lots or plots, the planting of flowers or ornamental plants, the maintenance or doing of any special or unusual work in the cemetery, nor does it mean the reconstruction of any bronze work on any section or plot, or any portion or portions thereof in the cemetery, caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
('58 Code, § 10.73)
(B) Perpetual care, whether applied to lots, graves, or to any space within the confines of the cemetery, shall be paid from the principal and the income received from the investment of the perpetual care trust fund.
(‘58 Code, § 10.74) (Ord. 80-52, passed 3-11-80)
(C) It is understood and agreed between the purchaser and the city that fund principal and income from the perpetual care trust fund shall be used in the general improvement and perpetual care as defined in § 92.01, but in no case shall obligation of the management be construed as a contract to care for any individual property or space other than as defined in § 92.01.
(‘58 Code, § 10.75)
(D) The net income from the perpetual care trust fund shall be expended at the direction of the City Commission in such a manner as will, in its judgment, be most advantageous to the lot or plot owners as a whole, and in accordance with the purposes and provisions of the laws of the state applicable to the expenditure of the funds. The City Commission is given the full power and authority to determine upon what property, for what purpose, and in what manner the fund principal and the income from the fund shall be expended, and it shall direct the expenditure in such a manner as, in its sole judgment, it may deem advisable for the care, reconstruction, repair, and maintenance of all or any portion of the cemetery grounds. It may also direct the expenditures for attorneys’ fees and other costs necessary to the preservation of the legal rights of the city in the operation of the cemetery.
(‘58 Code, § 10.76)
(E) From the purchase price of any burial right there shall be set aside for the perpetual care trust fund not less than 50% of the sale price. The city is prohibited from donating, giving, or executing a certificate of ownership for any burial right in the municipal cemetery to any person or persons, firms, corporations, or organizations, without the payment of the full amount of the purchase price. The record books of the cemetery, and the receipts issued by the city, shall show the amount of perpetual care fund that has been collected and set aside in each case.
('58 Code, §§ 10.77 and 10.78)
(F) The sums paid in or contributed to the perpetual care funds are expressly authorized for a charitable and eleemosynary purpose. The contributions are a provision for the discharge of a duty due from persons contributing to the person or persons interred, or to be interred in the cemetery and likewise a provision for the benefit and protection of the public by preserving, beautifying, and keeping the cemetery from becoming unkempt and a place of reproach and desolation in the community. No payment, gift, grant, bequest, or other contribution for such a purpose is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the funds, nor are the funds or any contributions of them invalid as violating any law against perpetuities or the suspension of the power of alienation to title to property.
('58 Code, § 10.79)
(G) There shall be set aside for the perpetual care fund of the municipal cemetery the following. Not less than 50% of the proceeds of the sale of any lot or plot or burial right agreement in the north lawn, center lawn, and west lawn and Blocks 37, 38, and 39 of the south lawn; and all proceeds of the perpetual care service charge paid for south lawn interments pursuant to § 92.25 hereof; plus the perpetual care fees collected pursuant to § 92.32(B)(5), (7) hereof. The Finance Director shall invest perpetual care funds in the same types of securities in which he is empowered to invest surplus funds of the city. Income from investment of the perpetual care fund shall be deposited into the general fund of the city, to be used for cemetery perpetual care as defined in § 92.01 of this chapter. (‘58 Code, § 10.07) (Ord. 80-83, passed 9-23-80)
(Ord. 76-43, passed 4-27-76; Am. Ord. 86-69, passed 6-10-86; Am. Ord. 2012-58, passed 7-24-12; Am. Ord. 2017-67, passed 7-25-17)