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.