17-1373.   Cemetery district; creation by resolutionof county commissioners, notice, hearing; election, when; conveyance of certainproperty, when.(a) The board of county commissioners may adopt a resolutioncreating acemetery district within the county. Such resolution shall describe theterritory proposed to be included within the district by sections orsubdivisions of sections, according to the government survey or by metes andbounds. Such district may include within the boundaries thereof, an existingcemetery owned by a not-for-profit corporation. Prior to adopting suchresolution, the board ofcountycommissioners shall fix atime for a hearing on such resolution and shall give notice of the hearing bypublication at least once each week for two consecutiveweeks in the official county newspaper. The notice shall be publishedat least 15 daysbefore the date fixed for the hearing.

      (b)   Following the hearing or any continuation thereof, the board may adoptthe resolution creating the cemetery district. Such resolution shall bepublished at leastonce each week for two consecutive weeks in the official county newspaper.If within thirty days after the last publication of the resolution, a petitionsigned by not less than 10% of the qualified electors in the proposed cemeterydistrict is filed in the office of the county election officer requesting anelection thereon such district shall not be created unless the question ofthe creation of such district is submitted to and approved by a majority of thevoters of theproposed cemetery district voting at an election called by the governing body. Such election shall be called and held in the manner provided under theprovisions of K.S.A. 10-120, and amendments thereto.

      (c)   Any not-for-profit cemetery association owning a cemetery within acemetery district created pursuant to this section shall convey all cemeteryproperty of such cemetery associationto the governing body of the cemetery district. Upon the conveyance of suchcemetery property under this subsection, title to all such property shall vestin the governing body of the cemetery district, and the permanent maintenancefund, if any, together with any investments then outstanding, and all books,records and papers of such cemetery shall be transferred to the treasurer ofsuch cemetery district and shall become the property of such district. Uponthe transfer of such property and funds, the governing body of the cemeterydistrict shall care for and maintain such cemetery with any moneys of thecemetery corporation including the principal of and income from the permanentmaintenance fund, if any, and, if such moneys are insufficient to properlymaintain such cemetery, with funds of the cemetery district. The principal ofand income from the permanent maintenance fund may be deposited in theappropriate fund of the cemetery district or may be invested in the mannerprovided for other cemetery district money, but shall be used exclusively forcare and maintenance of such cemetery.

      (d)   Any cemetery district created pursuant to this section shall be governedby and subject to the provisions of K.S.A. 17-1330 et seq., and amendmentsthereto.

      History:   L. 1998, ch. 74, § 1; July 1.