10638-18 Cemetery Fund-Related Ordinance

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BILL NO. 66-18 ORDINANCE NO. 10638-18 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 2, ARTICLE 12 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE ADMINISTRATION AND MAINTENANCE OF PUBLIC CEMETERIES IN THE CITY OF SOUTH BEND,AND AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH SPECIAL FUNDS FOR THE PERMANENT MAINTENANCE OF CITY- OWNED CEMETERIES STATEMENT OF PURPOSE AND INTENT Following the recent, court-ordered termination of a perpetual care fund trust established by the Bowman Cemetery Association in 1939, and the transfer of the trust's corpus to the City for the perpetual care and maintenance of the Bowman Cemetery, the City has identified the need to update its Municipal Code with respect to the administration and perpetual maintenance of both City-owned cemeteries: the South Bend City Cemetery and the Bowman Cemetery. The purpose of this ordinance is to align the City's laws regarding its public cemeteries with Indiana's state law governing city and town cemeteries, set forth in Ind. Code 23-14-65, and to identify more clearly the City's maintenance obligations regarding its cemeteries and the individual lots contained therein. This ordinance establishes a separate permanent maintenance fund for each City-owned cemetery,which shall be accessed and used by the Board of Public Works,subject to appropriation by the South Bend Common Council. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section I. Chapter 2, Article 12 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 2-138. Board of Public Works administration. a) The Board of Public Works shall control and manage all public cemeteries owned by the City and located within five(5)miles of the City. b) The Board of Public Works shall be generally governed by and shall have all powers and duties prescribed by Ind. Code 23-14-65 - City and Town Cemeteries, as amended or recodified. Sec.2-139. Permanent maintenance funds. a) Separate permanent maintenance funds are established for the purpose of providing for the perpetual care and maintenance of each City-owned cemetery. b) Each permanent maintenance fund established under this section shall be controlled and directed by the Board of Public Works, subject to appropriations approved by the Common Council. c) The Board of Public Works shall not accept less than two dollars($2.00)per square foot as proceeds derived from the sale of lots within any City-owned cemetery.