(A) Establishment of trust. Pursuant to 65 ILCS 5/11-52.21, the Council has determined that it is in the best interests of the community to provide for the establishment of a Perpetual Cemetery Trust. This trust and the terms of this section shall hereafter govern the management and care of the cemetery.
(Prior Code, § 9-2-1)
(B) Appointment of members of Board. Pursuant to said statute, the Mayor is hereby empowered to appoint, with the advice and consent of the Council, a Board of Managers for said trust.
(Prior Code, § 9-2-2)
(C) Board of Managers; terms of office. The Board of Managers shall consist of three persons. The term of office of each of them is three years from the date of appointment, excepting the initial term, which members’ term shall be as follows: Position One of the Board shall have an initial term of one year; Position Two of the Board shall have an initial term of two years; and Position Three of the Board shall have an initial term of three years. Upon the expiration of the initial terms of office of each of the three positions consisting the Board, each of their successors’ terms shall thereafter be three years.
(Prior Code, § 9-2-3)
(D) Board of Managers; officers, duties. The Board shall meet not less than twice a year. The Board shall elect one of their number to be President; one of their number to be Clerk; and, shall elect a person to be Treasurer of said Board. The Treasurer need not be a member of the Board.
(1) The President shall convene the meetings of the Board and conduct its meetings.
(2) The Clerk of the Board shall keep, in a book provided for such purposes, a permanent record of the proceedings of the Board, signed by the President and attested by the Clerk, and shall also keep a permanent record of the several trust funds from what sources received, the amounts thereof, and for what uses and purposes, respectively.
(3) The Treasurer of the Board shall have the custody of all money and property received in trust by the Board of Managers and shall pay out the same only upon the written order of the Board, signed by the President and Clerk thereof. The Treasurer shall keep permanent books of records of all such trust funds and all receipts and disbursements thereof and for what purposes received and disbursed and shall annually make a written report to the Board Managers, under oath, showing balances, receipts, and disbursements, including a statement showing the amount and principal of trust funds on hand and how invested. The report shall be audited by the Board and, if found correct, shall be transmitted to the City Council at the same time that the City Treasurer is required, by law, to make his or her report and to be approved and preserved in the same manner, if found to be correct.
(4) The Treasurer, before entering upon his or her duties, shall execute a bond to the people of the state for the use of the Board of Managers in a penal sum of not less than double the value of such money or funds coming into his or her hands as such Treasurer, conditioned for the faithful performance of his or her duties and for the faithful accounting for all money or funds which, by virtue of his or her office, comes into his or her possession, in such form and with such securities as may be prescribed and approved by the City Council, to be approved and preserved in the same manner as the bond of the City Treasurer.
(Prior Code, § 9-2-4)
(E) Trust funds; care of cemetery. Any person may give, donate, or bequeath any sum of money or any funds, securities, or property of any kind to the Board of Managers in perpetual trust for the maintenance, care, repair, upkeep, or ornamentation of such cemetery or any lot or lots or grave or graves in such cemetery specified in the instrument making such gift, donation, or legacy. The Board of Managers are hereby authorized and empower to receive and hold in perpetual trust any such money, securities, funds, and property so given, donated, or bequeathed to it in trust. The Board of Managers shall have the right to convert the property into money and shall invest the proceeds thereof and the money so given, donated, and bequeathed to it in such manner as shall be provided by the ordinance. The principal of such trust fund shall be kept intact and perpetually invested, and the income thereof shall be perpetually applied for the purposes specified in the instrument making such gift, donation, or legacy and for no other purpose. The Board of Managers shall have the care, charge, management, and control of the cemetery, under the supervision of the City Council.
(Prior Code, § 9-2-5)
(F) Removal of members of Board. The City Council shall have the power to remove from office any or all of the Board of Managers or Treasurer for nonperformance of duties or for misappropriation or wrongful use of funds or property and to require a just and proper accounting for the same.
(Prior Code, § 9-2-6)
(Ord. 96-1, passed 3-11-1996)
Statutory reference:
Related provisions, see 65 ILCS 5/11-52.21