65 ILCS 5/11-52.2-1
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (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.)