2006 Nebraska Revised Statutes - § 16-242 — Cemeteries; maintenance; funds; how used.

Section 16-242
Cemeteries; maintenance; funds; how used.

(1) A city of the first class may survey, plat, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds and avenues leading thereto owned by such city. It may construct walks, rear and protect ornamental trees therein, and provide for paying the expenses thereof.

(2) After the burial and cemetery grounds are fully paid for, the city may set aside the proceeds of the sale of lots as a perpetual fund to be invested as provided by ordinance. The income from the fund shall be used for the care, ornamentation, or maintenance of such lots or the cemetery in general. The principal of the perpetual fund may be used for the purchase and development of additional land to be used for cemetery purposes as long as no more than twenty-five percent of the principal is so used in any fiscal year and no more than thirty-five percent of the principal is so used in any period of ten consecutive fiscal years.

(3) The city may receive money by donation, bequest, or otherwise to be held in trust in perpetuity to be invested as provided by ordinance or conditioned by the donor. The income therefrom shall be used for the care, ornamentation, and maintenance of such property as the donor may designate. The principal therefrom may be used for the purchase and development of additional land to be used for cemetery purposes as the donor may designate as long as no more than twenty-five percent of the principal is so used in any fiscal year and no more than thirty-five percent of the principal is so used in any period of ten consecutive fiscal years.

(4) The city treasurer shall be the custodian of such funds, and the same shall be invested by a board composed of the mayor, city treasurer, and city clerk.

(5) This section does not limit the use of any money that comes to the city by donation, bequest, or otherwise that is not designated to be credited to the perpetual fund or that allows greater use for purchase or development of additional land to be used for cemetery purposes.


Source:
    Laws 1901, c. 18, § 48, XLVIII, p. 258

    Laws 1913, c. 256, § 1, p. 790

    R.S.1913, § 4858

    C.S.1922, § 4026

    C.S.1929, § 16-243

    R.S.1943, § 16-242

    Laws 2005, LB 262, § 2



~Revised Statutes Supplement, 2006

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