§ 16-242 — Cemeteries; maintenance; funds; how used

Nebraska § 16-242

• Jurisdiction: Nebraska
• Ch. 16: Cities of the First Class

Text

(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 may be
used for the general care, management, maintenance,
improvement, beautifying, and welfare of the cemetery. The principal of the
perpetual fund may be used for the general care, management, maintenance,
improvement, beautifying, and welfare of the cemetery as long as no more than
twenty percent of the principal is so used in any fiscal year and no more
than forty percent of the principal is so used in any period of ten consecutive
fiscal years. The principal of the perpetual fund may also 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 for credit to the perpetual fund to
be invested as provided by ordinance or as conditioned
by the donor. The income therefrom may be used for the general
care, management, maintenance, improvement, beautifying, and welfare of the
cemetery as the donor may designate. The principal therefrom may be used for the general care,
management, maintenance, improvement, beautifying, and welfare of the cemetery
as the donor may designate as long as no more than twenty percent of the principal
is so used in any fiscal year and no more than forty percent of the principal
is so used in any period of ten consecutive fiscal years. The
principal therefrom may also 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.

Legislative History

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; Laws 2009, LB500, § 2.