17-1344. Same; board of trustees; officers; bond; expenditures; tax levies; election upon petition. Upon the establishment of said cemetery district, the cemetery conveyed thereto shall become the property of said district and the township trustee of every township, a portion of which is included in said district, and the mayor of the city shall constitute a board of trustees, having full power and control of said cemetery, except that if any such cemetery district is formed by the joining of one city and only one township, the treasurer of such city shall be the third member of said board of trustees. Said board of trustees shall elect from their own membership a chairman and may select from their own membership or otherwise, a secretary, whose terms of office shall be fixed by the board of trustees. The treasurer of the city of the second or third class which is included in the cemetery district may be treasurer of the cemetery district and when said city treasurer shall act as treasurer of the cemetery district, the bond given by said treasurer to the city shall also cover funds of the cemetery district which come into the hands of the said treasurer.
Whenever the board of trustees shall select a treasurer for the cemetery district who is not the city treasurer, the board of trustees shall provide such treasurer with a corporate surety bond in a sum fixed by the board and conditioned on the safekeeping of such funds and the accounting for the same whenever called upon so to do by said board of trustees. All expenditures made by the board of trustees shall be paid by warrants drawn on the treasurer and signed by the chairman and secretary of the board.
Said board of trustees may authorize a tax of not to exceed two (2) mills to be levied by such cemetery district for the purpose of maintaining and improving said cemetery. Such tax shall be levied within the city by the governing body of the city and in the district outside the city such tax shall be levied by the board of county commissioners upon certification to them, by the board of trustees, of the rate of levy to be made, except that, if the amount of the levy fixed by the board of trustees under this section is greater than one (1) mill and a valid petition in opposition to the amount of such levy in excess of one (1) mill, is filed with the county election officer of each such county within fifteen (15) days of the date such levy is certified to the board of county commissioners of each such county, the amount of the levy authorized to be fixed for such year by the board of trustees under this section shall not exceed and the amount of such levy shall be deemed to be one (1) mill. Any petition in opposition to the amount of such levy in excess of one (1) mill shall be valid if it is signed by at least two percent (2%) of the qualified electors in said cemetery district. The tax so collected shall be paid over by the county treasurer to the treasurer of the cemetery district upon order of the board of trustees of the cemetery district which order shall be signed by the chairman and secretary of said board.
History: L. 1941, ch. 176, § 3; L. 1943, ch. 129, § 1; L. 1949, ch. 189, § 2; L. 1951, ch. 202, § 1; L. 1975, ch. 132, § 3; July 1.
Structure Kansas Statutes
Article 13 - Cemetery Corporations
17-1302 Cemetery lots; disposition.
17-1302a Replatting of areas of certain cemeteries established by religious corporations.
17-1303 Owners of lots as members of corporation.
17-1304 Replatting cemetery previously chartered.
17-1305 Private burying grounds; control by county clerk; actions for damages.
17-1307 Cemeteries in or near cities; capital stock; directors; powers.
17-1309 Same; conveyance of lots.
17-1310 Same; control of lands; replatting.
17-1311a Same; misuse of the permanent maintenance fund, criminal penalty.
17-1311b Funds in a permanent maintenance fund not subject to legal process.
17-1312 Same; trustee, when; trust instruments, provisions; reporting requirements.
17-1312b Audit or examination of books and accounts; examination of officers, employees and agents.
17-1312c Same; interference with or refusal to submit to examination; appointment of receiver.
17-1312d Maintenance fund; failure to establish or maintain; forfeiture of cemetery corporation.
17-1312f Application of act; exceptions.
17-1313 Cemeteries in or near cities; dissolution.
17-1316 Cemetery corporations in or adjacent to cities of more than 40,000.
17-1317 Same; permanent care fund.
17-1319 City or association; permanent maintenance fund; use and investment.
17-1321 Same; control; custodian, bond.
17-1324 Plans for mausoleums or vaults; approval by secretary of health and environment.
17-1325 Crypts and catacombs; construction.
17-1326 Same; sealing burial structure; reinterment.
17-1328 Sale of lands of abandoned cemeteries.
17-1329 Same; use of proceeds.
17-1330a Same; withdrawal of cemetery; petition.
17-1330b Same; inclusion of adjoining territory; resolution, hearing, publication.
17-1332 Same; filing offer to convey property; abandoned cemeteries.
17-1333 Same; annual meetings; powers of electors.
17-1333a Same; election of directors; vacancies.
17-1334 Same; meetings of directors; election of officers; terms; bond of secretary-treasurer.
17-1335 Same; authority of association; issuance of bonds.
17-1335a Same; reinvestment of title to lots under 17-1330; notice to nonresidents; publication.
17-1335b Same; record of proceedings.
17-1335c Same; default by owners; action to determine title.
17-1335d Same; abandonment by grantee or holder.
17-1335e Same; judgment may be recorded.
17-1335f Same; description; ingress and egress.
17-1335g Same; perpetual care contracts exempt.
17-1335h Same; title reinvested; reconveyance, when.
17-1335i Same; annexation of territory to districts; procedure.
17-1336 Cemetery districts in certain counties; tax levies; road improvement.
17-1337 Same; directors; election; terms; vacancies.
17-1338 Same; permanent maintenance fund; use and investment.
17-1339 Same; control of permanent fund; custodian.
17-1341 Same; conveyance of city cemetery; ordinance.
17-1342 Cemetery districts; establishment by city of second or third class and townships.
17-1343 Same; petition to county commissioners.
17-1344 Same; board of trustees; officers; bond; expenditures; tax levies; election upon petition.
17-1346 Same; application of laws.
17-1347 Reversion of unused grave spaces conveyed to patriotic organizations.
17-1348 Certain charitable purpose corporations; joint custody of assets.
17-1349 Same; investment standards; acquisition of property.
17-1350 Dissolution of certain cemetery districts; determination of facts.
17-1351 Same; findings; notice to owners of intention to dissolve district.
17-1352 Same; hearing; determination; authority to contract, when.
17-1353 Same; acquisition of locations in certain existing cemeteries.
17-1354 Same; dissolution of district by court, when; deed; report, approval; order; recordation.
17-1355 Certain districts in counties over 250,000; tax levies, when; limitation.
17-1357 Same; entire district to be disorganized and annexed.
17-1358 Same; transfer of property and funds.
17-1359 Disorganization of certain districts and annexation of territory to other districts.
17-1361 Same; duties of board receiving proposition; territory not annexed, when.
17-1362 Same; county commissioners duties to disorganize and annex district, when.
17-1363 Same; records, funds, etc., transferred to annexing district; title to property.
17-1364 Same; fixing number of board after annexation; terms.
17-1365 Same; tax levies after annexation; uses of funds.
17-1366 Maintenance of abandoned cemeteries; definitions.
17-1369 Cemetery district No. 23, Republic county; tax levy.
17-1371 Conveyance of cemetery property to Dodge City; transfer of books, paper, records and funds.
17-1372 Cemetery districts; annual report of finances, filed with county commission.
17-1374 Same; acquisition of land; no-fund warrants.
17-1375 Cemetery corporation; selling excess real estate; conditions.