Sec. 13. (a) Before adopting an ordinance transferring its powers and duties over a cemetery under section 9, 10, or 11 of this chapter, the legislative body of a municipality must first give notice of its intention by notice published once each week for two (2) weeks in accordance with IC 5-3-1. The notice must announce a hearing at which the legislative body will hear any objections by any taxpayer or owner of a lot in the cemeteries.
(b) The hearing referred to in subsection (a) must:
(1) be set for a date at least two (2) weeks after the first publication of the notice;
(2) be held at a designated location; and
(3) provide all taxpayers or owners of lots in the cemeteries an opportunity to be heard.
(c) The legislative body shall give careful consideration to the views of the lot owners and taxpayers as expressed at the hearing referred to in subsection (a). Not less than five (5) days after the hearing, the legislative body shall adopt or defeat the ordinance under which its powers and duties over a cemetery would be transferred.
(d) If the ordinance referred to in subsection (c) is adopted, all papers and documents appropriate for the transfer of the management and control of the property or properties must be executed in behalf of the municipality by:
(1) the executive and clerk or clerk-treasurer of the municipality; and
(2) the agents of the cemetery.
As added by P.L.52-1997, SEC.39.
Structure Indiana Code
Title 23. Business and Other Associations
Article 14. Cemetery Associations
Chapter 65. City and Town Cemeteries
23-14-65-1. "Cemetery Board" Defined
23-14-65-2. "Executive" Defined
23-14-65-3. "Legislative Body" Defined
23-14-65-4. "Municipality" Defined
23-14-65-5. Application of Chapter
23-14-65-6. Powers and Duties of Legislative Body
23-14-65-7. Permanent Maintenance Fund
23-14-65-8. Gifts, Donations, Bequests, or Devises
23-14-65-9. Transfer of Control and Management to Public Works or Public Works and Safety Board
23-14-65-10. Transfer of Control and Management to Board of Trustees
23-14-65-11. Transfer of Control and Management to Board of Cemetery Regents; Board Members
23-14-65-12. Board of Cemetery Regents; Members; Vacancy; Quorum; Removal
23-14-65-12.5. Transfer of Control and Management to Cemetery Caretaker
23-14-65-13. Notice of Proposed Transfer of Management and Control; Hearing
23-14-65-13.5. Notice of Proposed Transfer of Management; Hearing
23-14-65-13.7. Cemetery Caretaker Vacancy
23-14-65-15. Powers of Cemetery Board
23-14-65-16. Execution of Deed; Requirements for Deferred Payment Sales
23-14-65-17. Employment of Agents and Employees; Collection and Receipt of Money
23-14-65-18. Purchase of Property
23-14-65-19. Financial Report; Budget; Expenditure of Money
23-14-65-20. Awarding of Contracts
23-14-65-22. Delivery of Money to Controller or Clerk-Treasurer; Payment of Expenses
23-14-65-23. Acceptance and Receipt of Real and Personal Property
23-14-65-24. Placement of Bonds or Other Securities in Safety Deposit Box
23-14-65-25. Improvement and Development of Cemetery; Adoption of Resolution