BY-LAWS of WOOD WREATH CEMETERY ASSOCIATION Sangamon County, Illinois
ARTICLE I Purpose and Operation
The Wood Wreath Cemetery Association is organized and exists under and by virtue of an Act to Provide for the Organization, Ownership, Management, and Control of Cemetery Associations (805 ILCS 320/lff), and it shall operate in conformity with said statute and with all other laws of the State of Illinois and shall have as its purpose the ownership, management, and care of Wood Wreath Cemetery, located in Section 11 in Township 15 North and Range 8 West of the Third Principal Meridian, Sangamon County, Illinois.
ARTICLE II Trustees
A. Number: The Board of Trustees of the Association shall consist of six (6) members appointed by the Chairman of the Sangamon County Board or as shall be provided in said Act as amended from time to time. At least 2/3 of said Trustees shall reside within 15 miles of
B. Terms: The term of a trustee shall be for 6 years or until his or her successor is duly appointed.
C. Powers and Duties: The Board of Trustees shall have those powers and duties provided for in said Act.
D. Compensation: No Trustee or officer shall receive any compensation for his or her services as such.
E. Meetings: Meetings of the Board of Trustees shall be held quarterly, in February, May, August, and November, or more frequently upon call of the President or any three Trustees and shall be held at a location within 15 miles of Wood Wreath Cemetery.
F. Annual Meeting: The annual meeting of the Board of Trustees shall be held on the first Saturday in November each year or such other date during the month of November as the President or any three Trustees shall designate.
G. Action Without a Meeting: No meeting need be held by the Board to take any action required or permitted to be taken by law, provided all members of the Board shall individually or collectively consent in writing to such action, and such written consent or consents are filed with the minutes of the proceedings of the Board.
H. Liability of Trustees: The Trustees of the Association shall not be personally liable for its debts, liabilities, or other obligations.
ARTICLE III Officers
A. Designation of Officers: The officers of the Association shall be the President, Secretary, and Treasurer.
B. Election and Term of Office: The officers of the Association shall be elected at the annual meeting of the Board of Trustees. Each officer shall hold office for one year or until his or her successor has been elected and qualified.
C. Vacancies: A vacancy in any office, whether by death, resignation, removal, disqualification or otherwise, may be filled by the Board of Trustees for the unexpired portion of the term.
D. President: The President shall be the Chief Executive Officer of the Association and shall exercise general supervision and control over the activities of the Association and shall preside at all meetings of the Board of Trustees. He may sign, with the Secretary or other officer duly authorized by the Board of Trustees, any deeds, bonds, contracts, or other instruments, the execution of which has been authorized by the Board of Trustees, except in cases where the signing and execution thereof shall have been expressly delegated by the Board of Trustees or by law to some other officer or agent of the Association. The President shall, in general, perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Trustees.
E. Secretary: The Secretary shall keep the minutes of the meetings of the Board of Trustees; have custody of the seal of the Association; see that all notices are duly given in accordance with these by-laws or as required by law; be custodian of the Association's records; exhibit to any Trustee or to any person or agency authorized by law to inspect them, at all reasonable times and on demand, these by-laws, minutes of any meeting, and in general all of the records of the Association; and collect all monies of the Association and pay the same over forthwith to the Treasurer.
F. Treasurer: The Treasurer shall have charge and custody of, and be responsible for, all funds and securities of the Association, shall receive and give receipts for monies due and payable to the Association from any source whatever and deposit all such monies in the name of the Association in such banks or other depositories as shall be selected by the Board of Trustees, prepare and file with the State of Illinois such reports as are required regarding the Association's Care Funds, and in general shall perform all duties incident to the office of Treasurer and such other duties as may from time to time be assigned to him by the President or by the Board of Trustees.
ARTICLE IV Committees
The Board may from time to time establish standing committees of its members. The President shallhave the authority to appoint other committees as shall from time to time be necessary for the operation of the Association.
ARTICLE V Funds
A. Gifts and Contributions: The Board of Trustees may accept on behalf of the Association any contribution, gift, bequest, or devise of any property whatsoever, for the general and special charitable purposes of the Association.
B. Deposits: All funds of the Association shall be deposited from time to time to the credit of the Association in banks or other depositories as the Board of Trustees may select.
C. Checks, Drafts, Orders for Payment: All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Association shall be signed by such officer or officers, or such agent or agents, of the Association and in such manner as the Board of Trustees shall from time to time determine. In the absence of such determination, such instruments shall be signed by the Treasurer.
D. Charitable Purpose: This Association is organized exclusively for cemetery purposes within the meaning of Section 501(c) (13) of the Internal Revenue Code.
E. Inurement of Income: No part of the net earnings of the Association shall inure to the benefit of, or be distributable to, its trustees, officers or other private persons except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered other than services as trustee or officer.
F. Legislative or Political Activities: No substantial part of the activities of the Association shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Association shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
G. Operational Limits: Notwithstanding any other provisions of these by-laws, the Association shall not carry on any other activities not permitted to be carried on (a) by a cemetery Association exempt from Federal income tax under Section 501(c)(13) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by an organization, contributions to which are deductible under Section 170(c) (2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).
H. Disposition of Funds Upon Dissolution: Upon the dissolution of the Association, the Board of Trustees shall, after paying or making provisions for the payment of all of the liabilities of the Association, dispose of all the assets of the Association exclusively for the purposes of the Association in such manner, or to such organization or organizations organized and operated exclusively for purposes of operation of a cemetery as shall at the time qualify as an exempt organization or organizations under Section 501(c)(13) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Trustees shall determine. Any such assets not so disposed of shall be disposed of by the Circuit Court of Sangamon County, Illinois, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes.
I. Care Funds: From sale of each lot, the Board of Trustees shall deposit to its Care Fund no less than the percentage thereof as is required, from time to time, by the Cemetery Care Act (760 ILCS 100/lff). Said Care Fund shall be administered as required by said Act, and only the income thereof shall be used by the Board of Trustees, for maintenance and improvement of the cemetery.
ARTICLE VI Miscellaneous Provisions
A. Books and Records: The Association shall prepare and maintain correct and complete books and records of account.
B. Fiscal Year: The fiscal year of the Association shall begin on November 1 and end on October 31 in each year.
C. Principal Office: The principal office of the Association shall be the personal residence of the President.
D. Power of Trustees to Amend By-Laws: Subject to the limitations contained in any statute, these by-laws may be amended, repealed, or added to, or new by-laws may be adopted, by resolution of the Board of Trustees; provided, however, that no amendment of these by-laws may alter the provisions of Article V-D, V-E, V-F, V-G, or V-H in any way that would disqualify the Association as a tax exempt cemetery organization under the Internal Revenue Code.
These By-Laws are adopted this 8th day of November, 1995.
TRUSTEES:
/s/ /s/ Agnes Ridder William M. Pfeffer
/s/ /s/ Ruby A. Simpson Elliott Walter
/s/ /s/ Robert B. Hitt Daniel J. Brooks |