12-1001. Power to borrow money; issuance of bonds. Any municipality maintaining and operating a cemetery either within or without its corporate limits shall have the power to borrow money and pledge the property and credit of the municipality upon its municipal bonds or otherwise for the purpose of enlarging or improving such cemetery in an […]
12-1002. Bonds; term; interest rate; notice of election. The bonds, mentioned in section 12-1001, shall be payable in not to exceed twenty years from date. They shall bear interest not exceeding the rate of six percent per annum payable annually. Notice of the time and place of said election shall be given by publication three […]
12-1003. Bond election; petition; percentage of voters required. No election, provided for in sections 12-1001 and 12-1002, shall be held until a petition therefor, signed by at least ten percent of the legal voters of such municipality, has been presented to the city council or board of trustees. The number of voters of the municipality […]
12-1004. Extension of water supply to cemetery. Any municipality, maintaining and operating a cemetery beyond its corporate limits, may extend its water supply or water distribution system to such cemetery. Source Laws 1957, c. 19, § 2, p. 151.
12-101. Wyuka Cemetery; declared a public charitable corporation; powers; trustees; appointment; terms; vacancies; reports; retirement plan reports; duties. (1) The cemetery in Lincoln, Nebraska, known as Wyuka Cemetery, is hereby declared to be a public charitable corporation. The general control and management of the affairs of such cemetery shall be vested in a board of […]
12-101.01. Trustee; potential conflict of interest; actions required. Any trustee of Wyuka Cemetery who would be required to take any action or make any decision in the discharge of his or her official duties that may cause financial benefit or detriment to him or her, a member of his or her immediate family, or a […]
12-102. Portion under joint control of trustees and Department of Health and Human Services. The trustees shall subdivide, set apart and dedicate that portion of said cemetery located at Lincoln which has heretofore been used for the burial of the dead from the various state institutions and which is legally described as follows, to wit: […]
12-103. Rules and regulations; revenue; investment; treasurer; bond. The trustees shall have power to prescribe all needful rules and regulations for the government of said cemetery. The trustees shall set aside a part of the purchase price of each burial lot sold, for the permanent maintenance of said cemetery, to be invested in any of […]
12-104. Soldiers burial grounds; selection; acquisition; use. A piece or parcel of land not exceeding in extent one acre not otherwise used or appropriated, in such place and in such form as shall be selected and agreed upon between the trustees of Wyuka Cemetery and a committee to be selected by the Grand Army of […]
12-105. Soldiers burial grounds; joint control. Such soldiers burial grounds shall at all times be subject to all rules and regulations of Wyuka Cemetery; all such soldiers burial grounds selected and appropriated prior to January 1, 1927, shall be under the joint control of the trustees of Wyuka Cemetery and such committee as shall be […]
12-1101. Act, how cited. Sections 12-1101 to 12-1121 shall be known and may be cited as the Burial Pre-Need Sale Act. Source Laws 1986, LB 643, § 1.
12-1102. Terms, defined. For purposes of the Burial Pre-Need Sale Act, unless the context otherwise requires: (1) Agent shall mean any person who acts for or on behalf of a pre-need seller in making pre-need sales; (2) Burial or funeral merchandise or services shall mean all items of real or personal property or a combination […]
12-1103. Pre-need sale; proceeds; trust requirements. Except as otherwise provided in the Burial Pre-Need Sale Act, proceeds received by any pre-need seller as partial or complete payment on a pre-need sale shall be deposited with a trustee within sixty days after receipt. The proceeds of the pre-need sale required to be deposited with a trustee […]
12-1104. Proceeds of sale; trust requirements; exclusions. There shall be excluded from the trust requirements of section 12-1103 and the pre-need seller shall be entitled to retain free of trust the following: (1) All proceeds from the sale of a lot or grave space or a crypt or niche located in a mausoleum, columbarium, or […]
12-1105. Pre-need seller; records required. Upon the making of a pre-need sale by a pre-need seller when some or all of the proceeds from that sale are required to be placed in trust or a letter of credit or surety bond has been approved in lieu thereof, the pre-need seller in addition to retaining a […]
12-1106. Pre-need purchaser; designate irrevocable funds. At the written request of the pre-need purchaser, the first four thousand dollars, increased annually as provided in this section, paid by the pre-need purchaser which is placed in trust by the pre-need seller may be designated as irrevocable in accordance with the rules and regulations of the Department […]
12-1107. Trustees; acceptance of funds; conditions; powers. (1) Banks which do not have a separate trust department and building and loan associations and credit unions acting as trustees under the Burial Pre-Need Sale Act shall accept trust funds only to the extent that the full amount of all of such funds is insured or guaranteed […]
12-1108. Pre-need seller; license required; application; requirements; fee; renewal; records. (1) No pre-need seller shall make or offer to make a pre-need sale without first obtaining a license from the director. An application for such a license or a renewal of an existing license shall be made in writing, signed by the proposed pre-need seller, […]
12-1109. Rules and regulations. The director may adopt and promulgate rules and regulations necessary to carry out and enforce the Burial Pre-Need Sale Act. Source Laws 1986, LB 643, § 9; Laws 2014, LB700, § 13.
12-1110. Pre-need seller; report; requirements; fee. Each pre-need seller shall file a report with the director on or before June 1 of each year in such form as the director may require. The report shall contain the name and address of each trustee with which the pre-need seller has trust funds on deposit and the […]
