17-1373.Cemetery district; creation by resolution
of county commissioners, notice, hearing; election, when; conveyance of certain
property, when.
(a) The board of county commissioners may adopt a resolution
creating a
cemetery district within the county. Such resolution shall describe the
territory proposed to be included within the district by sections or
subdivisions of sections, according to the government survey or by metes and
bounds. Such district may include within the boundaries thereof, an existing
cemetery owned by a not-for-profit corporation. Prior to adopting such
resolution, the board of
county
commissioners shall fix a
time for a hearing on such resolution and shall give notice of the hearing by
publication at least once each week for two consecutive
weeks in the official county newspaper. The notice shall be published
at least 15 days
before the date fixed for the hearing.
(b) Following the hearing or any continuation thereof, the board may adopt
the resolution creating the cemetery district. Such resolution shall be
published at least
once each week for two consecutive weeks in the official county newspaper.
If within thirty days after the last publication of the resolution, a petition
signed by not less than 10% of the qualified electors in the proposed cemetery
district is filed in the office of the county election officer requesting an
election thereon such district shall not be created unless the question of
the creation of such district is submitted to and approved by a majority of the
voters of the
proposed cemetery district voting at an election called by the governing body.
Such election shall be called and held in the manner provided under the
provisions of K.S.A. 10-120, and amendments thereto.
(c) Any not-for-profit cemetery association owning a cemetery within a
cemetery district created pursuant to this section shall convey all cemetery
property of such cemetery association
to the governing body of the cemetery district. Upon the conveyance of such
cemetery property under this subsection, title to all such property shall vest
in the governing body of the cemetery district, and the permanent maintenance
fund, if any, together with any investments then outstanding, and all books,
records and papers of such cemetery shall be transferred to the treasurer of
such cemetery district and shall become the property of such district. Upon
the transfer of such property and funds, the governing body of the cemetery
district shall care for and maintain such cemetery with any moneys of the
cemetery corporation including the principal of and income from the permanent
maintenance fund, if any, and, if such moneys are insufficient to properly
maintain such cemetery, with funds of the cemetery district. The principal of
and income from the permanent maintenance fund may be deposited in the
appropriate fund of the cemetery district or may be invested in the manner
provided for other cemetery district money, but shall be used exclusively for
care and maintenance of such cemetery.
(d) Any cemetery district created pursuant to this section shall be governed
by and subject to the provisions of K.S.A. 17-1330 et seq., and amendments
thereto.
17-1373.Cemetery district; creation by resolution
of county commissioners, notice, hearing; election, when; conveyance of certain
property, when.
(a) The board of county commissioners may adopt a resolution
creating a
cemetery district within the county. Such resolution shall describe the
territory proposed to be included within the district by sections or
subdivisions of sections, according to the government survey or by metes and
bounds. Such district may include within the boundaries thereof, an existing
cemetery owned by a not-for-profit corporation. Prior to adopting such
resolution, the board of
county
commissioners shall fix a
time for a hearing on such resolution and shall give notice of the hearing by
publication at least once each week for two consecutive
weeks in the official county newspaper. The notice shall be published
at least 15 days
before the date fixed for the hearing.
(b) Following the hearing or any continuation thereof, the board may adopt
the resolution creating the cemetery district. Such resolution shall be
published at least
once each week for two consecutive weeks in the official county newspaper.
If within thirty days after the last publication of the resolution, a petition
signed by not less than 10% of the qualified electors in the proposed cemetery
district is filed in the office of the county election officer requesting an
election thereon such district shall not be created unless the question of
the creation of such district is submitted to and approved by a majority of the
voters of the
proposed cemetery district voting at an election called by the governing body.
Such election shall be called and held in the manner provided under the
provisions of K.S.A. 10-120, and amendments thereto.
(c) Any not-for-profit cemetery association owning a cemetery within a
cemetery district created pursuant to this section shall convey all cemetery
property of such cemetery association
to the governing body of the cemetery district. Upon the conveyance of such
cemetery property under this subsection, title to all such property shall vest
in the governing body of the cemetery district, and the permanent maintenance
fund, if any, together with any investments then outstanding, and all books,
records and papers of such cemetery shall be transferred to the treasurer of
such cemetery district and shall become the property of such district. Upon
the transfer of such property and funds, the governing body of the cemetery
district shall care for and maintain such cemetery with any moneys of the
cemetery corporation including the principal of and income from the permanent
maintenance fund, if any, and, if such moneys are insufficient to properly
maintain such cemetery, with funds of the cemetery district. The principal of
and income from the permanent maintenance fund may be deposited in the
appropriate fund of the cemetery district or may be invested in the manner
provided for other cemetery district money, but shall be used exclusively for
care and maintenance of such cemetery.
(d) Any cemetery district created pursuant to this section shall be governed
by and subject to the provisions of K.S.A. 17-1330 et seq., and amendments
thereto.
17-1373.Cemetery district; creation by resolution
of county commissioners, notice, hearing; election, when; conveyance of certain
property, when.
(a) The board of county commissioners may adopt a resolution
creating a
cemetery district within the county. Such resolution shall describe the
territory proposed to be included within the district by sections or
subdivisions of sections, according to the government survey or by metes and
bounds. Such district may include within the boundaries thereof, an existing
cemetery owned by a not-for-profit corporation. Prior to adopting such
resolution, the board of
county
commissioners shall fix a
time for a hearing on such resolution and shall give notice of the hearing by
publication at least once each week for two consecutive
weeks in the official county newspaper. The notice shall be published
at least 15 days
before the date fixed for the hearing.
(b) Following the hearing or any continuation thereof, the board may adopt
the resolution creating the cemetery district. Such resolution shall be
published at least
once each week for two consecutive weeks in the official county newspaper.
If within thirty days after the last publication of the resolution, a petition
signed by not less than 10% of the qualified electors in the proposed cemetery
district is filed in the office of the county election officer requesting an
election thereon such district shall not be created unless the question of
the creation of such district is submitted to and approved by a majority of the
voters of the
proposed cemetery district voting at an election called by the governing body.
Such election shall be called and held in the manner provided under the
provisions of K.S.A. 10-120, and amendments thereto.
(c) Any not-for-profit cemetery association owning a cemetery within a
cemetery district created pursuant to this section shall convey all cemetery
property of such cemetery association
to the governing body of the cemetery district. Upon the conveyance of such
cemetery property under this subsection, title to all such property shall vest
in the governing body of the cemetery district, and the permanent maintenance
fund, if any, together with any investments then outstanding, and all books,
records and papers of such cemetery shall be transferred to the treasurer of
such cemetery district and shall become the property of such district. Upon
the transfer of such property and funds, the governing body of the cemetery
district shall care for and maintain such cemetery with any moneys of the
cemetery corporation including the principal of and income from the permanent
maintenance fund, if any, and, if such moneys are insufficient to properly
maintain such cemetery, with funds of the cemetery district. The principal of
and income from the permanent maintenance fund may be deposited in the
appropriate fund of the cemetery district or may be invested in the manner
provided for other cemetery district money, but shall be used exclusively for
care and maintenance of such cemetery.
(d) Any cemetery district created pursuant to this section shall be governed
by and subject to the provisions of K.S.A. 17-1330 et seq., and amendments
thereto.