(a) The Mayor shall appoint a board to be known as the Board of Cemetery Trustees, with consent of the Council.
(b) Such board shall consist of three members who shall serve for a term of three years, without compensation. However, the first such board shall have appointments for 1, 2 and 3 year terms, with a new member being appointed each year for a three year term.
(c) In case of vacancy in the Board of Cemetery Trustees by reason of death, disability, or removal from office of a member, the Mayor shall appoint a member to fill such vacancy. An appointment to fill a vacancy shall be made at the first meeting of the Council after such vacancy has been brought to the attention of the Mayor and Council.
(d) The Mayor may remove from office any member of such board for misconduct, neglect of duty, or malfeasance in office.
(e) (1) The Board of Cemetery Trustees shall take charge and have the entire management, regulation and control of the public burial grounds of the Village, subject to its ordinances.
(2) The Board of Cemetery Trustees shall obtain and maintain a plat of said cemetery showing the walk streets and plots therein, which shall be kept at the Village Offices. The Board shall direct all improvements of said cemetery and preserve and protect such grounds and subject to approval of Council, appoint the necessary superintendents and employees and the amount of their compensation.
(f) The Board of Cemetery Trustees shall make such rules, regulations and by-laws as are necessary for the efficient and safe use, operation and protection of said cemetery and shall keep written minutes of all its meetings in a bound book which names the member present at each meeting. The rules and regulations, adopted by the Board of Cemetery Trustees shall have the same validity as ordinances of the Village.
(g) The by-laws and regulations of the Board of Cemetery Trustees shall declare the amount of money it will accept by agreement, gift, devise, bequest, or otherwise and hold as a permanent fund of the cemetery. The Board shall pledge the faith and credit of the Village for the perpetual care of the lots designated, using only the interest or income of the money. On receipt of the sum of money so designated, the board shall issue therefor a written receipt and acknowledgement thereof, binding the faith and credit of the Village to forever hold such money as a permanent fund and to provide perpetual care of the lots therein named, for the use, income or interest of such money. The Board shall enter on the minutes of its proceedings full detail of the obligation and shall enter the receipt and income of the money and the expenditure thereof in detail on its books of accounts, keeping each case separately.
(h) The Board of Cemetery Trustees shall determine the size and price of cemetery lots, the terms of payment therefor, and shall give to each purchaser a receipt, showing the amount paid and apertinent description of the lots sold. Upon producing such receipt to the proper officer, such purchaser shall be entitled to a deed for the lots described therein.
No more shall be charged for lots than is necessary to reimburse the City for lots than is necessary to reimburse the Village for the expenses of lands purchased or appropriated for cemetery purposes, and to keep in order and embellish the grounds. Provision shall be made for the interment in such cemetery of persons buried at the expense of the Village.
(i) The Board of Cemetery Trustees shall have entire charge and control of receipts from the sale of cemetery lots, and of laying off and embellishing the grounds. The Board may receive donations by bequest, devise, deed or gift, or otherwise, or money or other property, the principal or interest of which is to be used for the enlargement, improvement, embellishment, or care of the cemetery grounds generally, or for any particular parts or lots therein, as the donor directs, or as the Board of Cemetery Trustees determines if no such direction is given. The Board of Cemetery Trustees shall sell lots, receive payment therefor, direct the improvements, and make the expenditures under such rules and orders as it prescribes, and shall invest, manage, and control property received by donations and surplus funds in its hands from any source.
(j) (1) The Board of Cemetery Trustees or its superintendent shall turn over to Council property on hand under their control or held by them as a permanent fund, for cemetery purposes, or such money as may thereafter come to them for such purposes, and shall render a full statement thereof, by whom, when, and for what purpose paid. Council shall acknowledge receipt thereof to the Board of Cemetery Trustees or its superintendent in writing signed by the Clerk.
(2) By resolution duly passed and entered on the minutes of its proceedings, Council shall pledge the faith and credit of the Village to forever hold such money as a permanent fund, and pay to the Board of Cemetery Trustees in semi-annual payments as interest on the funds, a sum sufficient to provide perpetual care of the lots as agreed by the Board of Cemetery Trustees. Council shall invest such funds and keep them invested in interest-bearing debt of the Village, then in safe interest-bearing bonds, or in interest-bearing certificates of deposit in financial institutions within this State authorized by law to accept deposit and subject to inspections by either the United States or the State. All money and the income thereof shall be exempt from taxation, the same as other cemetery property.
(k) The Board of Cemetery Trustees shall appoint a clerk and/or a superintendent who shall keep accurate minutes of all proceedings concerning cemeteries.
(l) On the first Monday of January each year, or as soon thereafter as is practicable, the Board of Cemetery Trustees shall report in writing to Council the number of cemetery lots sold, to whom sold, and the amount received thereof, during the year preceding, and a detailed statement of the expenditures during the same period, showing the time and purpose of each payment and to whom made.
Such report shall contain a pertinent statement as to whether any funds on hand are invested, the character of the securities thereof, and such other matters as the Board of Cemetery Trustees deems expedient or the Village Council requires.
(m) When, in the judgement of the Board of Cemetery Trustees, an enlargement of any burial or cemetery grounds become necessary, or grounds or additional cemeteries should be provided, the Board of Cemetery Trustees shall report such fact to the Village Council and recommend such action as he deems most expedient.
(Ord. 86-67. Passed 3-18-86.)