(65 ILCS 5/11-52.2-1) (from Ch. 24, par. 11-52.2-1)
Sec. 11-52.2-1.
If the city council or board of trustees of any city,
incorporated town or village, having the management and control of any
public graveyard or public cemetery, elects to receive and hold money,
funds and property in perpetual trust pursuant to the provisions of this
Division 52.2, it shall provide by ordinance for the appointment of a board
of managers, of such public graveyard or cemetery, and prescribe the
duties, and the term of office of the members of the board. The board shall
consist of not less than 3 or more than 5 persons, and the term of office
of each of its members shall be not less than 3 or more than 5 years. The
members of the board shall be appointed by the mayor or president with the
advice and consent of the city council or board of trustees. The members of
the board of managers shall hold office for the term prescribed by the
ordinance and until their successors are appointed, and the ordinance shall
make provisions so that the term of office of all of the members of the
board shall not expire at the same time.
The board of managers, as soon as may be convenient after appointment,
shall meet and organize by selecting one of their number to be president
and another of their number to be clerk of such board and also to elect a
treasurer of such board, who may or may not be a member of the board, and
who before entering upon his duties as such shall execute a bond to the
People of the State of Illinois 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 hands as such treasurer, conditioned for the faithful performance
of his duties and for the faithful accounting for all money or funds which
by virtue of his office comes into his possession, and to
be in such form and
with such securities as may be prescribed and approved by the city council
or board of trustees appointing the board of managers, to be approved and
preserved in the same manner as is the bond of the treasurer of such city,
incorporated town or village.
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 empowered 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 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 record 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 of 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 or
board of trustees, at the same time that the treasurer of the city,
incorporated town, or village is required by law to make his report, and to
be approved and preserved in the same manner, if found to be correct.
The clerk of the board of managers 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. The
treasurer shall annually, at the time of transmitting the treasurer's
report to the city council or board of trustees, make a written report,
under oath, to the city council or board of trustees, stating therein,
substantially the same matter required to be reported by the treasurer of
the board. The report, if found correct, shall be approved and preserved by
the city council or board of trustees.
The city council or board of trustees shall have the power to remove
from office any or all of the board of managers or the treasurer for
non-performance of duties or for misappropriation or wrongful use of the
funds or property and to require a just and proper accounting for the same.
The board of managers shall have the care, charge, management, and
control of such cemetery, under the supervision of the city council or
board of trustees.
The trust funds, gifts and legacies mentioned
in this section
and the income arising therefrom shall be exempt from taxation, and from
the operation of all laws of mortmain and the laws against perpetuities and
accumulations.
Any such trust executed to cemetery by its name shall vest in the board
of managers and take effect to all intents and purposes as if executed to
such board.
(Source: P.A. 83-388.)
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