§ 23-14-65-13.5 — Notice of proposed transfer of management; hearing

Indiana § 23-14-65-13.5

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 14: CEMETERY ASSOCIATIONS
• Ch. 65: City and Town Cemeteries

Text

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.

Legislative History

As added by P.L.113-2022, SEC.12.