CHAPTER 74 HOUSE BILL No. 2838* An Act concerning cemetery districts; relating to the creation thereof. Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) The board of county commissioners may adopt a res-
olution 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 sub-
mitted to and approved by a majority of the voters of the proposed cem-
etery district voting at an election called by the governing body. Such
election shall be called and held in the manner provided under the pro-
visions 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 cem-
etery 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 cem-
etery 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 insuf-
ficient 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.

Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1998

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