CHAPTER 65. CITY AND TOWN CEMETERIES
IC 23-14-65
Chapter 65. City and Town Cemeteries
IC 23-14-65-1
"Cemetery board" defined
Sec. 1. As used in this chapter, "cemetery board" means:
(1) the board to which the power to govern cemeteries istransferred under this chapter; or
(2) if the power to govern cemeteries is not transferred underthis chapter, the legislative body of a municipality.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-2
"Executive" defined
Sec. 2. As used in this chapter, "executive" means:
(1) the mayor of a city; or
(2) the president of the town council of a town.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-3
"Legislative body" defined
Sec. 3. As used in this chapter, "legislative body" means:
(1) the common council or city-county council of a city; or
(2) the town council of a town.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-4
"Municipality" defined
Sec. 4. As used in this chapter, "municipality" means a city ortown.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-5
Application of chapter
Sec. 5. This chapter applies to all public cemeteries that are:
(1) owned by a municipality; and
(2) located within five (5) miles of the municipality.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-6
Powers and duties of legislative body
Sec. 6. (a) The legislative body of a municipality has control andmanagement of a cemetery that is:
(1) owned by the municipality; and
(2) located within five (5) miles of the municipality.
(b) The powers and duties of the legislative body under thissection include the following:
(1) The collection, preservation, and payment of all money,funds, securities, obligations, and property of any kind relatedto cemetery purposes. (2) The protection of cemeteries and the sanctity of the dead.
(3) The regulation or prohibition of the interment of bodies.
(4) The authorization of the removal of buried bodies or wholecemeteries to some other place.
(c) The powers of the legislative body of a municipality under thissection remain in effect by ordinance or resolution despite the repealof Acts 1927, c. 7.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-7
Permanent maintenance fund
Sec. 7. (a) Part of the proceeds derived from the sale of lots withina cemetery to which this chapter applies may be set aside as apermanent maintenance fund.
(b) Not more than fifty percent (50%) of the proceeds from thesale of lots may be set aside as a permanent maintenance fund underthis section.
(c) The income from a permanent maintenance fund establishedunder this section shall remain in the fund, except as provided insubsection (d).
(d) If the revenue from the sale of lots and other income from acemetery to which this chapter applies becomes insufficient to meetthe expense of maintaining the cemetery, income derived from thefund and its accretions may be used in whole or in part as the needsof the cemetery require, after appropriation by the legislative bodyaccording to statute.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-8
Gifts, donations, bequests, or devises
Sec. 8. (a) The legislative body of a municipality may byordinance or resolution accept gifts, donations, bequests, or devisesof money or real or personal property for the use of the:
(1) cemetery; or
(2) permanent maintenance fund of the cemetery.
(b) Except as provided in subsection (c), a municipality shall use:
(1) gifts, donations, bequests, or devises accepted undersubsection (a); and
(2) income or interest derived from the gifts, donations,bequests, or devises;
in the same manner as the municipality uses proceeds from the saleof lots.
(c) If a gift, donation, bequest, or devise of money or real orpersonal property is given or made for the use of a particular lot orplot of ground, the income from the gift, donation, bequest, or devisemay be used only for the upkeep and maintenance of that particularlot or plot of ground.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-9 Transfer of control and management to public works or publicworks and safety board
Sec. 9. A city may, by ordinance, transfer the control andmanagement of a cemetery to which this chapter applies to the:
(1) board of public works; or
(2) board of public works and safety;
of the city.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-10
Transfer of control and management to board of trustees
Sec. 10. (a) A city or a town may, by ordinance, transfer thecontrol and management of a cemetery to which this chapter appliesto a board of trustees.
(b) The ordinance transferring the control and management of acemetery under subsection (a) must prescribe:
(1) the organization of the board; and
(2) the duties of the officers and members of the board.
(c) Members of a board of trustees established under subsection(a) shall be appointed from the lot owners of the cemetery who areresidents of the county in which the cemetery is located.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-11
Transfer of control and management to board of cemetery regents;board members
Sec. 11. (a) A city or town may, by ordinance, transfer the controland management of a cemetery to which this chapter applies to aboard composed of four (4) residents of the municipality. Not morethan two (2) of the residents appointed may be members of the samepolitical party.
(b) Each board member appointed to the board established undersubsection (a) must:
(1) own a lot in the cemetery or cemeteries to which thischapter applies; or
(2) be a freeholder of the municipality.
(c) The executive of the municipality shall appoint the membersof the board established under subsection (a) to initial terms asfollows:
(1) one (1) member for a term of one (1) year;
(2) one (1) member for a term of two (2) years;
(3) one (1) member for a term of three (3) years; and
(4) one (1) member for a term of four (4) years.
(d) Each member appointed under this section serves until themember's successor is appointed and qualified. After the initial termreferred to in subsection (c), the member, if reappointed, or themember's successor serves for a term of four (4) years.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-12 Board of cemetery regents; members; vacancy; quorum; removal
Sec. 12. (a) A board appointed under section 11 of this chapter isknown as "The Board of Cemetery Regents of the City (Town) of____________, Indiana".
(b) The officers of a board of cemetery regents consist of:
(1) a president;
(2) a vice president; and
(3) a secretary;
who shall be elected by the board members at the first meeting of theboard and in each subsequent year.
(c) A vacancy on a board of cemetery regents shall be filled byappointment by the executive of the city or town. The personappointed serves until the expiration of the term of the memberwhom the appointee is appointed to replace.
(d) Each member of a board of cemetery regents:
(1) must take and subscribe to the usual oath of office beforebeginning the duties of office; and
(2) shall be issued a certificate of appointment, upon which themember's oath of office must be endorsed.
(e) A new member of a board of cemetery regents shall file thecertificate of appointment with the clerk or clerk-treasurer of themunicipality within thirty (30) days after the beginning of the newmember's term. If an individual who is appointed to a board ofcemetery regents violates this subsection, the individual isconsidered to have declined the appointment and, the office to whichthe individual was appointed is vacant.
(f) A majority of the members of a board of cemetery regentsconstitutes a quorum. An action of the board is binding only if:
(1) it is authorized by a vote taken at a regular or specialmeeting of the board; and
(2) a majority of all the members of the board vote in favor ofthe action.
(g) If there is a tie vote or equal division among the members ofthe board upon any motion, resolution, or action, the executive of themunicipality is entitled to vote on the matter under consideration.
(h) The executive of a municipality may, at any time, remove amember of the board from office upon filing the reasons for theremoval in writing with the clerk or clerk-treasurer of themunicipality.
(i) The legislative body of the municipality may authorizecompensation for actual expenses incurred by members of thecemetery board in performance of their official duties, including anyadditional compensation that the legislative body determines.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-13
Notice of proposed transfer of management and control; hearing
Sec. 13. (a) Before adopting an ordinance transferring its powersand 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 inaccordance with IC 5-3-1. The notice must announce a hearing atwhich the legislative body will hear any objections by any taxpayeror 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 firstpublication of the notice;
(2) be held at a designated location; and
(3) provide all taxpayers or owners of lots in the cemeteries anopportunity to be heard.
(c) The legislative body shall give careful consideration to theviews of the lot owners and taxpayers as expressed at the hearingreferred to in subsection (a). Not less than five (5) days after thehearing, the legislative body shall adopt or defeat the ordinanceunder which its powers and duties over a cemetery would betransferred.
(d) If the ordinance referred to in subsection (c) is adopted, allpapers and documents appropriate for the transfer of the managementand control of the property or properties must be executed in behalfof the municipality by:
(1) the executive and clerk or clerk-treasurer of themunicipality; and
(2) the agents of the cemetery.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-14
Bond
Sec. 14. Each officer and employee whose duty includes handlingany funds in carrying out this chapter shall, in the manner prescribedby IC 5-4-1, execute an official bond before beginning the duties ofoffice or employment.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-15
Powers of cemetery board
Sec. 15. A cemetery board may:
(1) make all necessary rules and regulations for the managementof the cemetery or cemeteries over which it has control andmanagement;
(2) sell lots or parts of lots at prices that the board considersreasonable; and
(3) require payment for sales:
(A) in cash; or
(B) partly in cash and the balance in deferred paymentsspread over a time the board considers reasonable.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-16
Execution of deed; requirements for deferred payment sales
Sec. 16. (a) In the case of cash sales of lots under section 15 of
this chapter, a deed to the property sold shall be executed on behalfof the municipality by the cemetery board to the purchaser.
(b) The following requirements apply to sales of lots undersection 15 of this chapter that are made on a deferred payment basis:
(1) The transaction shall be evidenced by a written contract ofsale executed by and between the board and the purchaser.
(2) Title to the lot shall be reserved in the municipality until thepurchase price is paid in full.
(3) If the purchaser dies before payment in full has beencompleted, but after at least fifty percent (50%) of the purchaseprice has been paid, the balance of the purchase price shall becanceled and a deed for the property shall be executed by thecemetery board on behalf of the municipality to the heirs of thepurchaser.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-17
Employment of agents and employees; collection and receipt ofmoney
Sec. 17. A cemetery board:
(1) may employ agents for the sale of cemetery lots or part oflots and pay the agents compensation for services that the boardconsiders reasonable;
(2) may employ all necessary superintendents, attorneys,engineers, and other employees and discharge them at theboard's pleasure;
(3) may collect and receive all money owed for:
(A) the sale of lots;
(B) the care of lots;
(C) the care of graves;
(D) the digging of graves; and
(E) all other services rendered; and
(4) shall use and disburse the money received for thepreservation, care, and improvement of the cemetery orcemeteries over which it has control and management.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-18
Purchase of property
Sec. 18. (a) A cemetery board may purchase on behalf of themunicipality any other property for cemetery purposes that is locatedwithin five (5) miles from the corporate limits of the municipality.
(b) A cemetery board may purchase property that:
(1) adjoins; or
(2) is located conveniently near;
a cemetery that is under the control of the board for additions to thecemetery. The property must be used, held, and managed in the samemanner as the adjoining or nearby cemetery or cemeteries, but issubject to the approval of the executive and legislative body of themunicipality.As added by P.L.52-1997, SEC.39.
IC 23-14-65-19
Financial report; budget; expenditure of money
Sec. 19. (a) During January of each year, a cemetery board shallmake a report to the legislative body of the municipality. The reportmust:
(1) provide information on:
(A) the financial condition of the cemetery board; and
(B) the business done by the cemetery board during theprevious year; and
(2) include a statement showing the receipts and expendituresof the cemetery board for the year.
(b) A cemetery board shall annually prepare a budget for thecemetery or cemeteries under its control in the same manner as otheroffices and departments of the municipality prepare budgets. Thebudget of the cemetery board is subject to review under the budgetstatutes applying to municipalities.
(c) A cemetery board may not expend funds without priorappropriation by the legislative body of the municipality. If therevenues of the cemetery board are not sufficient to meet the:
(1) current operating expenses; and
(2) amounts to be paid for the purchase of cemetery lands orother property;
the deficiency in the revenues may be resolved through anappropriation from the general fund of the municipality.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-20
Awarding of contracts
Sec. 20. A cemetery board shall award contracts in accordancewith IC 5-16-1 and IC 5-17-1.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-21
Eminent domain
Sec. 21. (a) A cemetery board may exercise the power of eminentdomain:
(1) within the boundaries of the municipality; and
(2) also outside the municipality, within a distance of five (5)miles from the corporate limits of the municipality;
for the purpose of acquiring additional cemetery lands.
(b) A cemetery board may pay damages to landowners for thelands and property taken or injuriously affected, proceeding inaccordance with the statutes applying to municipalities whenexercising the power of eminent domain.
(c) A cemetery board may bring suit in the name of the cemeteryboard in eminent domain proceedings and in other matters wheneverthe action is necessary to protect the interests of the cemetery boardin its conduct and discharge of its duties or obligations, rights, and
privileges. A suit may be brought against the cemetery board in itsown name.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-22
Delivery of money to controller or clerk-treasurer; payment ofexpenses
Sec. 22. (a) A cemetery board shall daily deliver all money, funds,and revenues it receives to the controller or clerk-treasurer of themunicipality, who shall give the board a receipt. The amountsdelivered by the cemetery board shall be credited to the account ofthe cemetery board and deposited in accordance with IC 5-13-6.
(b) All expenses incurred by the cemetery board shall be paid byclaims allowed and signed by a majority of the cemetery board. Theclaims shall be delivered to the controller or clerk-treasurer of themunicipality, and warrants in payment of the claims shall be drawnon the municipal treasury.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-23
Acceptance and receipt of real and personal property
Sec. 23. (a) A cemetery board may accept and receive real andpersonal property:
(1) through gift, legacy, or bequest; and
(2) upon terms, conditions, or trusts that the donor or testatordesignates;
for use concerning the operation, maintenance, and preservation ofcemeteries or a part of a cemetery.
(b) The property received under subsection (a) is exempt from alltaxation.
(c) If:
(1) a cemetery board receives money under subsection (a); and
(2) the money is not required currently to carry out the purposeor trusts upon which the money was received;
the cemetery board shall invest the money in accordance withIC 5-13-9. For investment purposes under this subsection, thecemetery board shall give preference to the purchase of bonds orsecurities issued and negotiated by the municipality.
(d) A cemetery board shall use the income from securitiespurchased under subsection (c) to carry out the trusts upon which thegift was made.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-24
Placement of bonds or other securities in safety deposit box
Sec. 24. To protect bonds or other securities held by a cemeteryboard, the cemetery board shall place them in a safety deposit box inthe vault of a reliable financial institution located in the municipality.One (1) key to the box shall be retained by each of the following:
(1) A member of the cemetery board who is designated by the
cemetery board.
(2) The controller or clerk-treasurer of the municipality.
(3) The financial institution.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-25
Improvement and development of cemetery; adoption of resolution
Sec. 25. (a) If the improvement and development of a cemeterywill:
(1) provide relief for the unemployed;
(2) be a stimulus to the industry of the municipality;
(3) be a suitable project and eligible for financing as aself-liquidating project by:
(A) an agency of the federal government; or
(B) an individual, firm, limited liability company, orcorporation; and
(4) result in no cost to the municipality;
the cemetery board that has or would have control and managementof the cemetery may adopt a resolution expressing the determinationof the board to proceed with the improvement and development ofthe cemetery.
(b) After adopting a resolution under subsection (a), the cemeteryboard may do anything necessary to secure the funds that arenecessary to make the improvements and provide for thedevelopments.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-26
Payment of preliminary expenses for preparation of grantapplication; powers of cemetery board in improvement anddevelopment of cemetery
Sec. 26. (a) In seeking funds for the improvement anddevelopment of a cemetery, a cemetery board may pay allpreliminary expenses that the cemetery board incurs in preparing andpresenting an application to a federal agency or other agency havingauthority to grant aid to self-liquidating projects. The expenses maybe paid out of funds at the disposal of the cemetery board.
(b) Upon the adoption of its resolution of determination undersection 25 of this chapter, the cemetery board shall follow theprocedure established by statute for the establishment of a sewagedisposal plant by the municipality.
(c) In the improvement and development of a cemetery, acemetery board has the same powers as the board of public works orboard of public works and safety of a city, including the power to dothe following:
(1) Create the necessary sinking fund.
(2) Pledge the receipts of the cemetery board.
(3) Fix the rates and charges of the cemetery board at a levelsufficient to pay the obligations and mortgage of the cemeteryboard. (4) Otherwise obligate the property under the control of thecemetery board to secure the payment of the obligations of thecemetery board as they mature, including interest.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-27
Management and control of cemetery
Sec. 27. A cemetery board has exclusive management and controlof a cemetery or cemeteries transferred to or acquired by thecemetery board, including:
(1) all of the property, whether real, personal, or mixed,acquired by the cemetery board for cemetery purposes; and
(2) the part of a public road or street that passes through thecemetery.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-28
Rules; enforcement
Sec. 28. (a) A cemetery board may do the following:
(1) Make reasonable rules and regulations for the management,control, direction, care, and maintenance of the property underthe control of the cemetery board.
(2) Make and enforce reasonable regulations respecting theplacement and erection of markers, monuments, tombstones,and mausoleums that any person desires to place or erect in thecemetery.
(3) Seize and impound animals running at large in the cemeteryand establish a suitable place for impounding them, assessingthe reasonable costs to the owner.
(4) Vacate streets, alleys, roads, or highways, or parts of them,lying within lands under the control of the cemetery board inthe same manner as is prescribed under the powers of streetimprovement authority of the municipality.
(5) Provide proper facilities for furnishing electric lighting,water, and sewer facilities in the cemetery, ordering a publicutility to construct and install equipment that is necessary forthese purposes.
(b) For the purposes of making rules and regulations for themanagement and control of property under subsection (a)(1), acemetery board may request from the police authority of themunicipality the manpower necessary to carry out and enforce therules and regulations of the cemetery board. The police authorityshall comply with the request to the extent that it is able to complyat the time the request is made, considering all other obligations andduties of the police authority. If the cemetery board and the policeauthority disagree over these matters, the controversy shall be settledby an order of the executive of the municipality.
As added by P.L.52-1997, SEC.39.