§ 34-6. Perpetual care fund.  


Latest version.
  • (a)

    A perpetual care fund is continued for the care of the cemeteries. To this fund shall be added any contributions or grants which may be received and designated for the purpose of augmenting the fund. The city council shall constitute trustees of the perpetual care fund so established and, as such, shall have full power to invest and reinvest such funds, in accordance with Code of Virginia, § 2.1-234.1 et seq.

    (b)

    Any contribution or grant which shall be received for this fund shall be added to the fund established in this section and invested in accordance with subsection (a) of this section.

    (c)

    The city treasurer shall be the custodian of the perpetual care fund.

    (d)

    All interest and dividends received from investments of the perpetual care fund shall be deposited back into the account until such time as income from the fund can defray the cost to maintain the cemetery.

    (e)

    One hundred percent of the funds received from the sale of lots in the cemetery shall be placed in the perpetual care fund. All interest on this account shall accrue in the account. No income from the perpetual care fund shall be expended for any purpose until the principal of such fund reaches the sum of $100,000.00. Until such time as the income from such fund is sufficient to defray the actual expenses of the operation and maintenance of the cemetery, the city assumes the obligation to operate and maintain the cemetery. After the balance of the account reaches $100,000.00, the trustees can utilize funds from the account for maintenance of cemetery or other public infrastructure that would benefit the cemetery. The balance in the account should not go below $100,000.00.

    (Code 1978, § 7-19(b)—(f))

    State Law reference— Investments of fiduciaries, Code of Virginia, § 26-38 et seq.; investments of domestic insurers, Code of Virginia, § 38.2-1400 et seq.; exemption of cemeteries owned and operated by a city, Code of Virginia, § 54.1-2312; disposition of property for maintenance and care of cemetery, Code of Virginia, § 57-31 et seq.

(Code 1978, § 7-19(b)—(f))

State law reference

Investments of fiduciaries, Code of Virginia, § 26-38 et seq.; investments of domestic insurers, Code of Virginia, § 38.2-1400 et seq.; exemption of cemeteries owned and operated by a city, Code of Virginia, § 54.1-2312; disposition of property for maintenance and care of cemetery, Code of Virginia, § 57-31 et seq.