Sec. 13.5. (a) This section applies to a municipality transferring the control and management of a cemetery under section 12.5 of this chapter.
(b) The executive of a municipality may nominate a person to serve as cemetery caretaker in a proposed ordinance. After a nomination is made, the legislative body of the municipality shall schedule a hearing at which the legislative body will hear any objections to the proposed ordinance. The legislative body shall publish notice of the hearing once each week for two (2) weeks in accordance with IC 5-3-1.
(c) The hearing required by subsection (b) must:
(1) be set for a date that is:
(A) at least two (2) weeks after the first publication of notice; and
(B) not later than sixty (60) days after the executive provides the legislative body with notice of the executive's nomination;
(2) be held at a designated location; and
(3) provide all taxpayers or owners of lots in the cemetery an opportunity to be heard.
(d) Not later than thirty (30) days after the hearing, the legislative body shall conduct a vote to adopt or defeat the proposed ordinance. For purposes of this subsection, a majority of the legislative body must vote to adopt the proposed ordinance for the ordinance to be adopted.
(e) If a proposed ordinance is adopted under this section, all papers and documents appropriate for the transfer of the control and management of the cemetery must be executed by the executive of the municipality.
As added by P.L.113-2022, SEC.12.
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