17-1345. Disorganization of township cemetery and formation of district; petition; transfer of property.
17-1345
17-1345. Disorganization of township cemetery and formation of
district; petition; transfer of property.
Whenever a petition setting forth a proposed cemetery district (which
includes territory wherein an existing township cemetery is located) and a
proposal to disorganize the existing township cemetery, signed by not less
than fifty-one percent of the qualified electors of said proposed district,
to be determined by an enumeration taken and verified for this purpose by
some qualified elector of said proposed district, shall be presented to the
board of county commissioners of the county in which lies the greatest
portion of the territory comprising said district, in favor of such
petition together with a resolution unanimously adopted and signed by the
members of the township board of the township having such township cemetery
which is to be disorganized stating that said township board agrees and
consents to the disorganization of said township cemetery, it shall be the
duty of the board of county commissioners at its next regular meeting to
examine said petition and resolution and, if it finds that said petition
and resolution are regular and in the form herein prescribed and that there
is no outstanding indebtedness against said township cemetery district and
that said township board is willing to convey all right, title and interest
of said township in and to said cemetery to the proposed new cemetery
district, it shall enter an order in its proceedings disorganizing said
township cemetery district and establishing said proposed cemetery
district.
Thereupon, the township board of the township shall convey all right,
title and interest in and to said township cemetery to the newly organized
cemetery district. Such conveyance shall be made by a deed signed and
acknowledged by the township trustee. Immediately upon the selection and
qualification of the treasurer of the new cemetery district, the township
treasurer shall pay over to such cemetery district treasurer all funds and
moneys in his hands together with all moneys and funds in the county
treasury which have been collected for cemetery purposes by such township.
History: L. 1943, ch. 330, § 1; June 28.