An act to provide
for the organization and government of public cemetery districts.
[Approved June 1, 1921. In effect July 31, 1921.]
Whenever a petition signed by a majority or ore of the electors whose
names appear upon the last great register of the county as residing
within territory definitely described in such petition, requesting that
the territory be organized into a public cemetery district, shall be
presented to the board of supervisors of the county in which such
territory is situated, at a regular or special meeting of said board,
said board shall be resolution at said meeting fix a time for the
hearing of said petition at not less than two nor more than five weeks
from the time of presentation thereof and shall cause notice to be given
of the time and place of said hearing by publication in some
newspaper of general circulation printed and published in said county
for not less than two weeks prior to the time of the hearing. The
petition may consist of any number of separate instruments. Said
notice shall contain one copy of said petition but the names attached to
said petition need not be included in said notice or publication.
Said notice shall state that any person residing or owning property
within said proposed district may appear before said board at said
hearing and show cause why said petition should not be granted or the
boundaries thereof changed.
SEC. 2. At the time fixed for said hearing, said board of supervisors shall hear said petition and shall determine whether or not said petition complies with the requirements hereinbefore set forth and whether or not the notice required herein has been published as required, and must hear all competent and relevant testimony offered in support of or in opposition thereto. Said hearing may be adjourned from time to time for the determination of said facts, not to exceed two weeks in all. No defect in the contents of the petition or in the title to or form of the notice or signatures, or lack of signatures thereto, shall vitiate any proceeding thereof, provided such petition or petitions have sufficient qualified signatures attached thereto. The determination of the board shall be expressed by resolution.
SEC. 3. If the board of supervisors shall determine that the petitioners have complied with the requirements herein set forth and that the notice required herein has been published as required, it shall thereupon proceed to a final hearing of the matter. Said board shall make such changes in the boundaries of the proposed district as it may deem advisable and shall define and establish such boundaries. Any person residing or owning property within said proposed district may appear before said board of supervisors at said hearing, in person or by attorney or agent, and oppose the creation of said district or request a change in the boundaries thereof and may produce evidence in support of his opposition or request.
SEC. 4. A finding of the board of supervisors in favor of the genuineness and sufficiency of the petition and notice shall be final and conclusive against all persons except the State of California upon suit commenced by the attorney general. Any such suit must be commenced within one year after the order of the board of supervisors declaring such district organized as herein provided, and not otherwise.
SEC. 5. Upon the conclusion of the hearing of said matter said board shall, by an order entered on its minutes approve the said petition, as originally presented, or in a modified form, and declare the territory embraced within the boundaries established by said board as herein provided duly organized as a cemetery district. Said board shall then cause a copy of the order, duly certified, to be immediately filed for record in the office of the county recorder of such county. From and after such filing, the organization of such district shall be complete.
SEC. 6. Such cemetery district shall be governed and managed by three trustees, appointed by the board of supervisors from electors residing therein. The trustees shall hold office for four years and until the appointment and qualification of their successors, and shall serve without compensation.
SEC. 7. Such cemetery district shall have power to adopt and use a common seal and to sue and be sued by its name.
SEC. 8. Said district shall maintain a cemetery for the use of all inhabitants of the district, and for that purpose shall be capable of holding title to property, taking property by grant, gift, devise, lease, or any other method, and doing all acts necessary or proper for the carrying out of the purposes of this act, including the selling or leasing or burial lots.
SEC. 9. The said board of cemetery trustees shall annually, at or before the time fixed by law for the levy of county taxes, estimate and certify to the board of supervisors the amount of money necessary to be raised by taxation for maintaining the cemetery of the district, and the board of supervisors shall thereupon include in the annual tax levy a tax upon all the property within such cemetery district sufficient to raise the amount so certified by the trustees, but not exceeding two mills on each dollar of assessed valuation within the district.
SEC. 10. Said tax shall be collected by the same officers and in the same manner as other county taxes, and the same, together with all other moneys received by the trustees, shall be paid into the county treasury and shall constitute a separate fund to be expended solely for the purposes of the cemetery district upon warrants issued by the county auditor on orders signed by not less than two of said cemetery trustees.
SEC. 11. The trustees shall, as soon after the first day of July in each year as is practicable, file with the county board of supervisors a report, setting forth all their transactions during the preceding fiscal year, and containing an itemized account of all their receipts and disbursements during said fiscal year, together with proper vouchers therefor.
SEC. 12. The trustees shall make proper rules and regulations for the management of the cemeteries under their control, and all laws now in existence or which may hereafter be enacted relating to cemeteries, and not inconsistent with this act, shall apply to the cemeteries provided for in this act.