COMPILED CODE - Iowa Legislature - State of Iowa

412
S 6601. CEMETERY FUNDS. Tit. XXIII, Ch. 12.
35 the same manner as other taxes of such municipality are levied and
36 collected; and when collected by the county treasurer shall be paid
37 over to the treasurer of the institution authorized to receive the same
38 and shall be paid out on the order of the trustees of such institution
39 who are authorized to manage and control the same, for the purposes
40 authorized by this section and for no other purpose whatever.
41 When any gift or bequest is conditioned upon the payment of an
42 annuity to the donor, or any other person, the governing board of such
43 municipality may, upon acceptance of such gift or bequest, agree to
44 pay such annuity providing the amount thereof does not exceed five per
45 cent of the amount of the gift or bequest and does not exceed the
46 amount realized from a three mill tax levy upon the taxable property
47 of said municipality ; and to provide for the payment of such annuity,
48 said municipality, through its proper officers, shall annually thereafter
49 levy a tax, not exceeding three mills, sufficient to pay such annuity.
50 But no agreement shall be made unless the annuity provided for
51 therein, and all annuities provided for under prior agreements, may
52 be paid from the proceeds of one annual tax levy of three mills.
53 The governing board of such municipality may discontinue such
54 levy of tax in the event that the institution to be aided thereby is
55 destroyed by the elements and no fund is provided or available for its
56 rebuilding ; or after five years of continuance of such tax aid the gov-
57 erning board may, and upon the petition of twenty-five per cent of
58 the qualified electors of such municipality, shall, by resolution, resub-
59 mit to the qualified electors of such municipality, at a regular or spe-
60 cial election, in the same manner hereinbefore specified, the question
61 whether tax aid for such institution shall be discontinued, and if
62 sixty-five per cent of the votes cast at such election on the proposi-
63 tion so submitted be in favor of discontinuing tax aid, no further levy
64 of tax shall be made for such purpose.
65 Cities, including cities under commission form of government and
66 cities under special charter, incorporated towns and civil townships
67 wholly outside of any city or incorporated town shall for the purposes
68 of this section be and they are hereby created trustees in perpetuity,
69 and are authorized and required to accept, receive and expend all
70 moneys and property donated or left to it by bequest, to be used in
71 caring for the property of the donor in any cemetery, or in accordance
72 with the terms of such donation or bequest, and the money or prop-
73 erty thus received shall be used for no other purpose whatever.
74 The mayor and council of such cities and towns, and the township
75 trustees of civil townships wholly outside of any city or incorporated
76 town shall have authority to receive and invest all moneys and property,
77 so donated or bequeathed, in bonds of the United States, or municipal
78 bonds, or certificates, or other evidence of indebtedness issued by
79 authority of and in accordance with the laws of this or any state, when
80 same are at or above par, and shall use the income from such invest-
81 ment in caring for the property of the donor in any cemetery, or as
82 shall be provided in the terms of such gift or donation ; but before any
83 part of the principal may be so invested or used, the said city, incor-
84 porated town or civil township shall, by resolution, in accordance with
85 the law as now provided, accept said donation or bequest, and shall, by
86 said resolution, duly provide for the payment of interest thereon at
87 the rate of not less than two per centum per annum, payable an-
88 nually, to the cemetery fund or to the cemetery association, or to the