A. Contracting For Perpetual Care: No grave shall be hereafter opened in a cemetery owned by the City until the perpetual care fee associated with the plot where the grave is to be opened shall have been paid in full, and the vital statistics sheet or death certificate shall have been provided.
B. Scope Of Perpetual Care: The essential perpetual care that the City agrees to give shall consist of care of the cemetery generally, and shall include, but is not limited to, mowing of all plots and graves at reasonable intervals, resodding, seeding and filling in sunken graves, sodding the surface of the graves to plot level, removing dead flowers and trimming trees and shrubbery when necessary, raking and cleaning the Plots but shall not include repairing or replacing markers or memorial structures of any nature, except when the need for repair or replacement is directly caused by the City.
C. Perpetual Care Fund:
1. There hereby is established a perpetual care fund according to the laws of the State of Utah and this chapter. All funds received from the sale of perpetual care services shall be placed in a special perpetual care fund, invested in compliance with the laws of the State and used for the purposes herein provided.
2. The income from the perpetual care fund shall be used to pay the upkeep and development of the City’s cemeteries. The City may borrow from the fund from time to time, but any funds borrowed shall be repaid to the fund with interest thereon at the prevailing rate paid by the City to borrow funds from commercial lenders.
3. If the City, borrows from the fund, it shall pay into a fund for the operation of the City’s cemeteries the interest accrued upon money annually. Should it be found that the interest returned upon the perpetual care funds shall be more than is required to pay for the operation and upkeep of the City’s cemeteries, then the surplus shall be added to the principal amount of the perpetual care fund herein created, and shall be so handled until changed by resolution to provide for the use of such accumulated interest.
D. Duties of the City Treasurer: It shall be the duty of the City Treasurer to keep an accurate record of the perpetual care fund account, including investments, to see that the principal portion thereof is properly invested in accordance with resolutions of the City Council and the laws of the State of Utah, and to advise the Mayor or City Manager when funds are available for investment in the amount of one thousand dollars ($1,000.00) or more. The Mayor or City Manager shall advise the City Council of the availability of such fund.
E. Duties Of The City Council: It shall be the duty of the City Council, when funds are available for investment, to direct by resolution all purchases of securities for the perpetual care fund or to name a suitable trustee for such investment.
F. Income: All income from investments held in the perpetual care fund shall be quarterly credited to the cemetery maintenance fund for use in providing the perpetual care as required herein. (1977 Code § 8-274; amd. 2014 Code; Ord. 2021.24, 10-20-2021; Ord. 2023.14, 6-21-2023)