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Home My WebLink About10638-18 Cemetery Fund-Related Ordinance ORDINANCE No . 10638-18 Passed by the Common Council of the City of South Bend,Indiana December 10, 18 20 Attest: 7 ` -✓ City Clerk Kareemah N. Fowler Attest: \� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 10, 18 20 City Clerk Kar-emah N. Fowler Approved and signed by me PeCPQ l I g( 11 20 I U Mayor 1 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. d) Part of the proceeds derived from the sale of lots within a City-owned cemetery, but no greater than fifty percent(50%) of such proceeds,may be directed into each respective permanent maintenance fund established under this section. e) Income from a permanent maintenance fund established under this section shall remain in the fund,but may be used,in whole or in part,as the needs of the cemetery require, if the revenue from the sale of lots and other income generated by a City- owned cemetery becomes insufficient to meet the expense of maintaining the cemetery. Sec. 2-140. Maintenance and care of particular burial lots or plots of ground. a) 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 maintenance and care of that particular lot or plot of ground. b) The Board of Public Works shall not assume liability for the preservation of the whole or any part of the principal received for the maintenance and care of a particular lot or plot of ground. c) The Board of Public Works shall not be obligated to expend for the maintenance and care of any particular lot or plot of ground in excess of the income earned and received from the legal investment of the principal. Sec. 2-141. Enlargement or extension of burial grounds in City-owned cemeteries. a) No person shall enlarge or extend any burial ground in a City-owned cemetery except in compliance with this section. b) Any person wishing to enlarge or extend any burial ground in a City-owned cemetery shall file with the Board of Public Works a petition setting forth the request and including an accurate description of the land constituting such enlargement or extension. c) The Board of Public Works shall indicate its approval of such a petition by written resolution, which shall include the specific description of ground to be enlarged or extended. d) No body may be buried in any enlargement or extension of burial ground in a City- owned cemetery prior to the approval of the Board of Public Works. Sec. 2-142. Rules of conduct for City-owned cemeteries. a) Any City personnel authorized by the Board of Public Works to enforce the rules and regulations of City-owned cemeteries may expel from a City-owned cemetery anyone who violates the rules of conduct under this section. Expulsion of a violator shall not preclude a subsequent prosecution for ordinance violation. b) The following conduct is prohibited in all City-owned cemeteries: (1) Driving a vehicle faster than fifteen (15)miles per hour; (2) Taking or removing any flower, tree, or shrub; (3) Defacing, disfiguring, or injuring any monument, fence, or other structure within the cemetery, though this subsection shall not prevent the alteration or removal of any structure or monument on a private lot or grave by persons so authorized; (4) Discharging firearms, except at military funerals and memorial celebrations; (5) Sitting upon, walking on, or otherwise occupying any private lot unless so authorized; (6) Using a City-owned cemetery for any purpose other than as a burying ground; (7) Committing any nuisance; and (8) Any other conduct prohibited by federal, state, or local law, or by the particular rules or regulations of any City-owned cemetery. Section II. Chapter 2, Article 14 of the South Bend Municipal Code is amended to add Sections 2-170.35 and 2-170.36, which shall read in their entirety as follows: Sec. 2-170.36. South Bend City Cemetery Permanent Maintenance Fund. The South Bend City Cemetery Permanent Maintenance Fund (No. 730) is established to provide for the perpetual care and maintenance of the South Bend City Cemetery, in accordance with Article 12, Sec. 2-139 of this Chapter of the South Bend Municipal Code. Sec. 2-170.37. Bowman Cemetery Permanent Maintenance Fund. The Bowman Cemetery Permanent Maintenance Fund (No. 731) is established to provide for the perpetual care and maintenance of the Bowman Cemetery, in accordance with Article 12, Sec. 2-139 of this Chapter of the South Bend Municipal Code. Section III. The tends and provisions of this Ordinance are hereby determined to be severable; the invalidity or unenforceability of any section, sentence, clause, term, or provision of this Ordinance shall not affect the validity of any other section, sentence,clause,term,or provision of this Ordinance which can be given meaning without such invalid part or parts. Section IV. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of January 1, 2019. - Tim Scott, Council Presi s ent South Bend Common Council Attest: Kareem N. Fowler, City C erk Office of the City Clerk Presented by me, the undersign Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the /IW' day of .l #n,c , 2018, at �-- o'clock t . m. K eemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the �� day of A?CQ itbe/r , 2018, at o'clock � .m. Pete Buttigieg ayor City of S• :end, Indiana 1st READING 11 Z(0"aab PUBLIC HEARING (2--1O-24 U 3 rd READING 2_�p_26(� NOT APPROVED REFERRED PASSED V.?