§ 523I.508 — Management by governmental subdivisions

Iowa § 523I.508

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 523I: IOWA CEMETERY ACT

Text

1. Political subdivisions as trustees. Counties, cities, irrespective of their form of
government, boards of trustees of cities to whom the management of municipal cemeteries
has been transferred by ordinance, and civil townships wholly outside of any city, are
trustees in perpetuity, and are required to accept, receive, and expend all moneys and
property donated or left to them by bequest for perpetual care, and that portion of interment
space sales or permanent charges made against interment spaces which has been set aside
in a perpetual care fund for which there is no other acting trustee, shall be used in caring for
the property of the donor or lot owner who by purchase or otherwise has provided for the
perpetual care of an interment space in any cemetery, or in accordance with the terms of
the donation, bequest, or agreement for sale and purchase of an interment space, and the
money or property thus received shall be used for no other purpose.
2. Authority to invest funds — current care charge payments.
a. The board of supervisors, mayor and council, or other elected governmental body, as
thecasemaybe, mayreceiveandinvestallmoneysandproperty, donatedorbequeathed, and
that portion of cemetery lot sales and permanent charges made against cemetery lots which
have been set aside in a perpetual care fund, and in so investing, shall use the judgment
and care under the circumstances then prevailing that persons of prudence, discretion, and
intelligence exercise in the management of their own affairs not in regard to speculation but
in regard to the permanent disposition of their funds, considering the probable income as
well as the probable safety of their capital. The trustee of the trust funds has a fiduciary
duty to make reasonable investment decisions and to properly oversee and manage the funds
entrusted to the trust fund. The income from the investment shall be used in caring for the
property of the donor in any cemetery, or as provided in the terms of the gift or donations or
agreement for sale and purchase of a cemetery lot.
b. All current care charge payments received shall be allocated to the perpetual care fund
or to the fund paying the costs of cemetery operations. Care charge payments received one
year or more after the date they were incurred shall be used to fund the cost of operating the
§523I.508, IOWA CEMETERY ACT 24
cemetery. Care charge payments received one year or more in advance of their due date shall
be deposited in the perpetual care fund. Interest from the perpetual care fund shall be used
for the maintenance of both occupied and unoccupied lots or spaces. Any remaining interest
may be used for costs of access roads and paths, fencing, and general maintenance of the
cemetery. Lots under perpetual care shall be maintained in accordance with the cemetery
covenants of sale.
3. Resolution of acceptance — interest.
a. Before any part of the principal may be invested or used, the county, city, board of
trustees of a city to whom the management of a municipal cemetery has been transferred by
ordinance, or civil township shall, by resolution, accept the moneys described in subsection
1 and, by resolution, shall provide for the payment of interest annually to the appropriate
fund, or to the cemetery, or the person in charge of the cemetery, to be used in caring for or
maintaining the individual property of the donor in the cemetery, or interment spaces which
have been sold if provision was made for perpetual care, all in accordance with the terms of
the donation or bequest, or the terms of the sale or purchase of an interment space.
b. If there is no person in charge of the cemetery, the income from the fund shall be
expended under the direction of the board of supervisors, city council, board of trustees, or
civil township trustees, as the case may be, in accordance with the terms of the donation or
bequest, or the terms of the sale or purchase of an interment space.
4. Delegatestoconventions. Atownshiphavingoneormorecemeteriesunderitscontrol
may designate up to two officials from each cemetery as delegates to attend meetings of
cemetery officials, and certain expenses of the delegates not exceeding twenty-five dollars
for each delegate, including association dues, may be paid out of the cemetery fund of the
township.
5. Subscribing to publications. The cemetery officials of every township having a
cemetery under its control may subscribe to one or more publications devoted exclusively to
cemetery management, and the subscriptions may be paid out of the cemetery fund of the
township.