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.
History: L. 1998, ch. 74, ยง 1; 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.