The city is authorized to act as a permanent trustee for the perpetual care and upkeep of lots and graves in city cemeteries, and is authorized to accept such trust as herein provided, and the same shall become perpetual.
(Ordinance 192, sec. 1, adopted 3/3/47; 1972 Code, sec. 7-38)
The city is authorized to accept, as gift, devise, money or otherwise, any property to be accepted from any source, and to allocate such amounts as may be designated by the donor for the individual care of any graves. Any person desiring to have the city to act as such trustee for the permanent care of any grave or burial lot in which he may be interested for those deceased persons in whom he may have an interest or feel attached to, shall have the right to deposit such amount with the city treasurer, and any such acceptance of by the city for such purpose shall consist of a permanent burial fund, and shall constitute a permanent and perpetual trust fund for the burial lot or grave, or to be expended as such donor may direct. Upon the acceptance of such fund by the city treasurer, the city clerk shall issue a certificate to the person advancing such money or property, which certificate shall recite the purpose, the amount advanced and by whom, and the location as nearly as possible, of the lot, grave or burial ground, and such further information as the city may from time to time require.
(Ordinance 192, sec. 2, adopted 3/3/47; 1972 Code, sec. 7-39)
The city shall keep a permanent and well-bound record book in which shall be kept in alphabetical order the names of all persons advancing funds, the amount advanced, the purpose for which such advancement is made, names and locations, insofar as possible, of all lots and graves, the condition and status of the trust imposed, and such other information as the city may deem proper. Such funds as may be contributed for the improvement of a particular cemetery shall be used only for that purpose.
(Ordinance 192, sec. 3, adopted 3/3/47; 1972 Code, sec. 7-40)
The city shall have the power and authority and it shall be its duty to invest and reinvest all funds advanced to it for the purposes herein set forth in interest-bearing bonds or securities of a municipal, state or federal government. At all times, the interest, revenue, or other accrual or increase of funds advanced for specific lots, graves or burial places shall be first used for the maintenance, care and upkeep in as near first class condition as possible, of the particular lots, graves or burial place for which the advancement and donation was originally made. However, in the event of the accrual of a reasonable excess revenue from such specific fund and the accumulation of a greater amount than is necessary for the faithful performance and the accomplishment of the trust and purpose herein provided for, such excess may, in the discretion of such trustee, be used to beautify the whole cemetery or burial grounds generally; but at no time shall any part of the original or principal amount first advanced and donated for the care, upkeep and maintenance of specific lots, graves and burial places ever be used by such trustees. The original amount or funds shall forever remain and be kept by such city as a principal trust fund.
(Ordinance 192, sec. 4, adopted 3/3/47; 1972 Code, sec. 7-41)
All certificates issued by the city shall be issued in the name of the city to the trustee or person who makes the advancement of such funds or money or property as herein provided for; and such certificate holder shall have the right, upon the payment of the proper recording cost or recording fee, to have such certificate recorded in the deed records of the county, and shall also have the right to transfer such certificate by the same methods as the sale and transfer of real estate in this state; and it shall be the duty of the county clerk to file, index and record such certificates in the deed records of such county as provided by the laws of this state.
(Ordinance 192, sec. 5, adopted 3/3/47; 1972 Code, sec. 7-42)
None of the rights, powers and duties herein provided for shall deprive any person having any interest in a grave or burial lot, or kinship within the third degree by affinity or consanguinity to those therein interred, from beautifying or caring for the same individually or at his own expense under the reasonable rules and regulations which the city may provide, and all persons who now have kinship or others in whose welfare such persons may be interested from having made donations to such city for the lots upon which said person may be interred at the rate such city may be selling similar lots for, and all of such donations shall become a part of the permanent funds as herein provided and entitle such person to a certificate as herein provided.
(Ordinance 192, sec. 6, adopted 3/3/47; 1972 Code, sec. 7-43)
In any event, should the city, after having entered and accepted such trust as herein provided, renounce said trust, or fail or refuse to act further as such trustee, as herein provided, the district judge of Ward County shall appoint a suitable successor to such trustee who shall faithfully execute the trust as herein provided for.
(Ordinance 192, sec. 7, adopted 3/3/47; 1972 Code, sec. 7-44)