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 is
transferred under this chapter; or
(2) if the power to govern cemeteries is not transferred under
this 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 or
town.
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 and
management 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 this
section include the following:
(1) The collection, preservation, and payment of all money,
funds, securities, obligations, and property of any kind related
to 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 whole
cemeteries to some other place.
(c) The powers of the legislative body of a municipality under this
section remain in effect by ordinance or resolution despite the repeal
of 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 within
a cemetery to which this chapter applies may be set aside as a
permanent maintenance fund.
(b) Not more than fifty percent (50%) of the proceeds from the
sale of lots may be set aside as a permanent maintenance fund under
this section.
(c) The income from a permanent maintenance fund established
under this section shall remain in the fund, except as provided in
subsection (d).
(d) If the revenue from the sale of lots and other income from a
cemetery to which this chapter applies becomes insufficient to meet
the expense of maintaining the cemetery, income derived from the
fund and its accretions may be used in whole or in part as the needs
of the cemetery require, after appropriation by the legislative body
according 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 by
ordinance or resolution accept gifts, donations, bequests, or devises
of 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 under
subsection (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 sale
of lots.
(c) If a gift, donation, bequest, or devise of money or real or
personal property is given or made for the use of a particular lot or
plot of ground, the income from the gift, donation, bequest, or devise
may be used only for the upkeep and maintenance of that particular
lot 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 public
works and safety board
Sec. 9. A city may, by ordinance, transfer the control and
management 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 the
control and management of a cemetery to which this chapter applies
to a board of trustees.
(b) The ordinance transferring the control and management of a
cemetery 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 are
residents 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 control
and management of a cemetery to which this chapter applies to a
board composed of four (4) residents of the municipality. Not more
than two (2) of the residents appointed may be members of the same
political party.
(b) Each board member appointed to the board established under
subsection (a) must:
(1) own a lot in the cemetery or cemeteries to which this
chapter applies; or
(2) be a freeholder of the municipality.
(c) The executive of the municipality shall appoint the members
of the board established under subsection (a) to initial terms as
follows:
(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 the
member's successor is appointed and qualified. After the initial term
referred to in subsection (c), the member, if reappointed, or the
member'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 is
known 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 the
board and in each subsequent year.
(c) A vacancy on a board of cemetery regents shall be filled by
appointment by the executive of the city or town. The person
appointed serves until the expiration of the term of the member
whom 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 before
beginning the duties of office; and
(2) shall be issued a certificate of appointment, upon which the
member's oath of office must be endorsed.
(e) A new member of a board of cemetery regents shall file the
certificate of appointment with the clerk or clerk-treasurer of the
municipality within thirty (30) days after the beginning of the new
member's term. If an individual who is appointed to a board of
cemetery regents violates this subsection, the individual is
considered to have declined the appointment and, the office to which
the individual was appointed is vacant.
(f) A majority of the members of a board of cemetery regents
constitutes a quorum. An action of the board is binding only if:
(1) it is authorized by a vote taken at a regular or special
meeting of the board; and
(2) a majority of all the members of the board vote in favor of
the action.
(g) If there is a tie vote or equal division among the members of
the board upon any motion, resolution, or action, the executive of the
municipality is entitled to vote on the matter under consideration.
(h) The executive of a municipality may, at any time, remove a
member of the board from office upon filing the reasons for the
removal in writing with the clerk or clerk-treasurer of the
municipality.
(i) The legislative body of the municipality may authorize
compensation for actual expenses incurred by members of the
cemetery board in performance of their official duties, including any
additional 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 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.
IC 23-14-65-14
Bond
Sec. 14. Each officer and employee whose duty includes handling
any funds in carrying out this chapter shall, in the manner prescribed
by IC 5-4-1, execute an official bond before beginning the duties of
office 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 management
of the cemetery or cemeteries over which it has control and
management;
(2) sell lots or parts of lots at prices that the board considers
reasonable; and
(3) require payment for sales:
(A) in cash; or
(B) partly in cash and the balance in deferred payments
spread 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 behalf
of the municipality by the cemetery board to the purchaser.
(b) The following requirements apply to sales of lots under
section 15 of this chapter that are made on a deferred payment basis:
(1) The transaction shall be evidenced by a written contract of
sale executed by and between the board and the purchaser.
(2) Title to the lot shall be reserved in the municipality until the
purchase price is paid in full.
(3) If the purchaser dies before payment in full has been
completed, but after at least fifty percent (50%) of the purchase
price has been paid, the balance of the purchase price shall be
canceled and a deed for the property shall be executed by the
cemetery board on behalf of the municipality to the heirs of the
purchaser.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-17
Employment of agents and employees; collection and receipt of
money
Sec. 17. A cemetery board:
(1) may employ agents for the sale of cemetery lots or part of
lots and pay the agents compensation for services that the board
considers reasonable;
(2) may employ all necessary superintendents, attorneys,
engineers, and other employees and discharge them at the
board'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 the
preservation, care, and improvement of the cemetery or
cemeteries 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 the
municipality any other property for cemetery purposes that is located
within 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 the
cemetery. The property must be used, held, and managed in the same
manner as the adjoining or nearby cemetery or cemeteries, but is
subject to the approval of the executive and legislative body of the
municipality.
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 shall
make a report to the legislative body of the municipality. The report
must:
(1) provide information on:
(A) the financial condition of the cemetery board; and
(B) the business done by the cemetery board during the
previous year; and
(2) include a statement showing the receipts and expenditures
of the cemetery board for the year.
(b) A cemetery board shall annually prepare a budget for the
cemetery or cemeteries under its control in the same manner as other
offices and departments of the municipality prepare budgets. The
budget of the cemetery board is subject to review under the budget
statutes applying to municipalities.
(c) A cemetery board may not expend funds without prior
appropriation by the legislative body of the municipality. If the
revenues 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 or
other property;
the deficiency in the revenues may be resolved through an
appropriation 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 accordance
with 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 eminent
domain:
(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 the
lands and property taken or injuriously affected, proceeding in
accordance with the statutes applying to municipalities when
exercising the power of eminent domain.
(c) A cemetery board may bring suit in the name of the cemetery
board in eminent domain proceedings and in other matters whenever
the action is necessary to protect the interests of the cemetery board
in its conduct and discharge of its duties or obligations, rights, and
privileges. A suit may be brought against the cemetery board in its
own name.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-22
Delivery of money to controller or clerk-treasurer; payment of
expenses
Sec. 22. (a) A cemetery board shall daily deliver all money, funds,
and revenues it receives to the controller or clerk-treasurer of the
municipality, who shall give the board a receipt. The amounts
delivered by the cemetery board shall be credited to the account of
the cemetery board and deposited in accordance with IC 5-13-6.
(b) All expenses incurred by the cemetery board shall be paid by
claims allowed and signed by a majority of the cemetery board. The
claims shall be delivered to the controller or clerk-treasurer of the
municipality, and warrants in payment of the claims shall be drawn
on 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 and
personal property:
(1) through gift, legacy, or bequest; and
(2) upon terms, conditions, or trusts that the donor or testator
designates;
for use concerning the operation, maintenance, and preservation of
cemeteries or a part of a cemetery.
(b) The property received under subsection (a) is exempt from all
taxation.
(c) If:
(1) a cemetery board receives money under subsection (a); and
(2) the money is not required currently to carry out the purpose
or trusts upon which the money was received;
the cemetery board shall invest the money in accordance with
IC 5-13-9. For investment purposes under this subsection, the
cemetery board shall give preference to the purchase of bonds or
securities issued and negotiated by the municipality.
(d) A cemetery board shall use the income from securities
purchased under subsection (c) to carry out the trusts upon which the
gift 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 cemetery
board, the cemetery board shall place them in a safety deposit box in
the 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 cemetery
will:
(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 a
self-liquidating project by:
(A) an agency of the federal government; or
(B) an individual, firm, limited liability company, or
corporation; and
(4) result in no cost to the municipality;
the cemetery board that has or would have control and management
of the cemetery may adopt a resolution expressing the determination
of the board to proceed with the improvement and development of
the cemetery.
(b) After adopting a resolution under subsection (a), the cemetery
board may do anything necessary to secure the funds that are
necessary to make the improvements and provide for the
developments.
As added by P.L.52-1997, SEC.39.
IC 23-14-65-26
Payment of preliminary expenses for preparation of grant
application; powers of cemetery board in improvement and
development of cemetery
Sec. 26. (a) In seeking funds for the improvement and
development of a cemetery, a cemetery board may pay all
preliminary expenses that the cemetery board incurs in preparing and
presenting an application to a federal agency or other agency having
authority to grant aid to self-liquidating projects. The expenses may
be paid out of funds at the disposal of the cemetery board.
(b) Upon the adoption of its resolution of determination under
section 25 of this chapter, the cemetery board shall follow the
procedure established by statute for the establishment of a sewage
disposal plant by the municipality.
(c) In the improvement and development of a cemetery, a
cemetery board has the same powers as the board of public works or
board of public works and safety of a city, including the power to do
the 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 level
sufficient to pay the obligations and mortgage of the cemetery
board.
(4) Otherwise obligate the property under the control of the
cemetery board to secure the payment of the obligations of the
cemetery 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 control
of a cemetery or cemeteries transferred to or acquired by the
cemetery 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 the
cemetery.
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 under
the control of the cemetery board.
(2) Make and enforce reasonable regulations respecting the
placement and erection of markers, monuments, tombstones,
and mausoleums that any person desires to place or erect in the
cemetery.
(3) Seize and impound animals running at large in the cemetery
and establish a suitable place for impounding them, assessing
the 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 in
the same manner as is prescribed under the powers of street
improvement authority of the municipality.
(5) Provide proper facilities for furnishing electric lighting,
water, and sewer facilities in the cemetery, ordering a public
utility to construct and install equipment that is necessary for
these purposes.
(b) For the purposes of making rules and regulations for the
management and control of property under subsection (a)(1), a
cemetery board may request from the police authority of the
municipality the manpower necessary to carry out and enforce the
rules and regulations of the cemetery board. The police authority
shall comply with the request to the extent that it is able to comply
at the time the request is made, considering all other obligations and
duties of the police authority. If the cemetery board and the police
authority disagree over these matters, the controversy shall be settled
by an order of the executive of the municipality.
As added by P.L.52-1997, SEC.39.