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G20-94 e CITY OF ELGIN ORDINANCE NO. G20-94 AN ORDINANCE AMENDING CHAPTER 2 .24 ENTITLED "CEMETERY DEPARTMENT-CEMETERIES" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 11TH DAY OF MAY, 1994 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this ,' 12th day of May, 1994 . Ordinance No. G20-94 AN ORDINANCE AMENDING CHAPTER 2 .24 ENTITLED "CEMETERY DEPARTMENT-CEMETERIES" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend certain provisions within the Elgin Municipal Code relating to the disposition of monies arising from the sale of lots or parts thereof in the Bluff City Cemetery; and WHEREAS, 65 Illinois Compiled Statutes, Section 5/11/49-1 provides that corporate authorities of each municipality may establish and regulate cemeteries within or without the municipal limits; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article 7, Section 6A, of the 1970 Constitution of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and ktek WHEREAS, the adoption of an ordinance providing for an amendment to the disposition of monies arising from the sale of lots or parts thereof in the Bluff City Cemetery pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 2 .24 . 310 entitled "Cemetery Sinking Fund - Trustees Designated" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "2 . 24 . 310 Cemetery Restricted Asset Account - Trustees Designated. After the 1st day of January, 1905, fifteen per cent ( 15%) of all monies arising from the sale of lots or parts thereof in Bluff City Cemetery shall be set apart for the purpose of creating an account to be known as the "Bluff City Cemetery Development Account" which account, until it has reached the sum of $20,000, shall be used solely for the purpose and development of lands for burial purposes; and any surplus in such account in excess of $20, 000 shall be used for future maintenance and improvement of Bluff City Cemetery. Said account is hereby designated as a restricted asset within the cemetery fund for the purposes outlined herein. The mayor and other members of the city council are declared trustees of said account and are authorized as such trustees to take charge of and have the management control of said funds . At the expiration of each year after the date of passage of the ordinance codified in this section, whatever monies shall be in the hands of the city treasurer to the credit of the said • restricted asset account shall be by said trustees invested pursuant to the then current investment policy in effect for the city. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. eft. George anDeVoorde, Mayor Presented: May 11, 1994 Passed: May 11, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: May 12, 1994 Published: May 12, 1994 Attest: Dolonna Mecum, City Clerk