(A) Members. Pursuant to R.C. § 759.36, the Batavia Union Cemetery Board of Trustees shall consist of three members, of which one or more must be a member of each of the legislative authorities which comprise the Union Cemetery Association represented by the joint meeting. The third member may be either a member of the Village Council or the Board of Trustees of the township, or may be a resident selected at large from the community; however, in all cases that third member shall be a resident of either the village or township.
(B) Election of members to Cemetery Board of Trustees. Members of the Cemetery Board of Trustees shall be elected at the joint meeting provided for by R.C. § 759.34, by a majority vote of all present counting members of the Village Council and the Board of Township Trustees.
(C) Custody of funds. The Board of Cemetery Trustees so elected shall have the custody of any funds derived from any tax levy provided for by R.C. § 759.34 and any funds provided to the cemetery by the respective legislative bodies comprising the union, and any funds generated by the sale of lots and operation of the cemetery.
(D) Powers and duties. Pursuant to R.C. § 759.36, the Board of Cemetery Trustees shall have all the powers and perform all duties exercised and performed by the Director of Public Service of a municipal corporation under R.C. §§ 759.09 to 759.14.
(E) Term of office. Pursuant to R.C. § 759.36, the term of office for members of the Board of Cemetery Trustees shall be three years, commencing on the first day of January next following the joint meeting held in May. The three members of the Board of Cemetery Trustees shall have staggered terms. At any regular or regularly called joint meeting of the municipal legislative authority and Board of Township Trustees, vacancies occurring on the Board of Cemetery Trustees may be filled by a majority vote of members present, the election to be for the unexpired term.
(1997 Code, § 91.05) (Ord. 894-95, passed 6-26-1995)