27-108. CANVASS BY BOARD OF COMMISSIONERS — VALIDITY OF ORGANIZATION. Immediately after any election for voting upon the organization of a cemetery maintenance district, the judges of said election shall forward the official results of said election to the clerk of said board of commissioners. The said board of commissioners shall meet within ten (10) days after said returns are received and shall proceed to canvass the votes cast at such election, and if, upon canvass, it shall appear that one-half (1/2) or more of said votes are "…. cemetery maintenance district, no," then a record of that fact shall be duly entered upon the minutes of said board, and all proceedings in regard to the organization of said district shall be void. If, however, it shall appear upon such canvass, that more than one-half (1/2) of the votes cast are "…. cemetery maintenance district, yes," the board shall, by order entered on its minutes, declare such territory duly organized as a cemetery maintenance district under the name designated in the petition. After the election, the validity of the proceedings hereunder shall not be affected by any defect in the petition or in the number or qualifications of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of such organization after six (6) months from and after the making and entering of the order provided for in this section. Such board shall cause one (1) copy of such order, duly certified, to be filed for record in the office of the county recorder of the county in which said district is situated and shall transmit to the governor one (1) certified copy thereof.
From and after the date of such filing of said order of the board of county commissioners declaring such territory duly organized as a cemetery maintenance district, the organization of such district shall be complete.
History:
[(27-108) 1927, ch. 197, sec. 7, p. 264; I.C.A., sec. 27-107; I.C., sec. 28-108 (1948 Ed.).]
Structure Idaho Code
Title 27 - CEMETERIES AND CREMATORIUMS
Chapter 1 - CEMETERY MAINTENANCE DISTRICT LAW
Section 27-101 - PURPOSE AND POLICY OF LAW — SHORT TITLE.
Section 27-102 - CREATION AND ORGANIZATION OF DISTRICT.
Section 27-103 - JOINT COUNTY CEMETERY MAINTENANCE DISTRICTS — COMMISSIONERS.
Section 27-105 - NOTICE OF HEARING OF PROTEST.
Section 27-106 - NOTICE OF ELECTION.
Section 27-107 - ELECTION — QUALIFICATION OF ELECTORS — CANVASS.
Section 27-108 - CANVASS BY BOARD OF COMMISSIONERS — VALIDITY OF ORGANIZATION.
Section 27-109 - CEMETERY MAINTENANCE BOARD — APPOINTMENT OF COMMISSIONERS — OATH.
Section 27-110 - TERM OF OFFICE — VACANCIES.
Section 27-111 - ELECTION OF COMMISSIONERS.
Section 27-112 - ANNEXATION OR EXCLUSION OF TERRITORY FROM DISTRICT — PROCEDURE.
Section 27-113 - ANNEXATION OF TERRITORY IN ADJOINING COUNTY.
Section 27-114 - ORGANIZATION OF BOARD — MEETINGS — OFFICERS — OFFICIAL BONDS.
Section 27-115 - CEMETERY MAINTENANCE DISTRICTS ARE BODIES CORPORATE.
Section 27-116 - CORPORATE POWERS.
Section 27-117 - GENERAL POWERS AND DUTIES OF BOARD OF CEMETERY MAINTENANCE COMMISSIONERS.
Section 27-119 - COMPENSATION AND EXPENSES OF CEMETERY MAINTENANCE BOARD COMMISSIONERS.
Section 27-120 - AUDITOR TO FURNISH ASSESSED VALUATION — BOARD TO MAKE LEVY.
Section 27-121 - LEVIES BY CEMETERY MAINTENANCE BOARD COMMISSIONERS.
Section 27-122 - INDEBTEDNESS PROHIBITED — EXCEPTION.
Section 27-123 - DUTIES OF TREASURER OF CEMETERY MAINTENANCE DISTRICT.
Section 27-124 - WARRANTS — COUNTERSIGNED BY SECRETARY.
Section 27-125 - ADOPTION OF BUDGET — HEARING.
Section 27-126 - NOTICE OF HEARING — PUBLICATION — CONTENTS.