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§ 20-17-1101. Purpose of district

The purpose of the district shall be the building and maintaining of a cemetery or cemeteries for the use and benefit of the property holders within the district, and it is realized that the cemetery would be a benefit to all the real property located in the district.

§ 20-17-1102. Petition generally

(a) Upon the petition of a majority in value of the owners of real property in any designated area, it shall be the duty of the county court to lay off into an improvement district the territory described in the petition and to name three (3) commissioners of the district who are resident property holders […]

§ 20-17-1103. Petition — Notice and hearing

(a) (1) It shall be the duty of the county clerk to give notice of the filing of the petition, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to […]

§ 20-17-1104. Board of commissioners — Appointment

(a) The board of commissioners of a cemetery district shall be resident property holders in the district and shall be citizens of integrity and good business ability. (b) (1) The commissioners shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years, respectively. The length of the term […]

§ 20-17-1105. Board of commissioners — Powers and duties

(a) The commissioners may take charge of, purchase, and provide a site or grounds and additions thereto, to provide and maintain streets, aisles, outside fences, drainage, and other necessary facilities, and to employ a caretaker or caretakers for the cutting of grass and the planting and care of trees, shrubs, and flowers. (b) The commissioners […]

§ 20-17-1108. Formation of plans — Assessors and assessments generally

(a) Upon the qualification of the commissioners, they shall form plans for the improvements they intend to make and the property and equipment they intend to purchase. (b) (1) The commissioners shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from making the […]

§ 20-17-1109. Assessment — Notice and hearings

(a) The assessment shall be filed with the county clerk of the county, and the secretary of the board of commissioners shall thereupon give notice of its filing by publication one (1) time a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may […]

§ 20-17-1110. Assessment — Annual reassessment

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district making it necessary to have the annual benefits revised. (b) Whereupon, it shall […]

§ 20-17-1111. Assessment — Order — Lien

(a) The board of commissioners of the district shall at the time that the annual benefit assessment is equalized or at any time thereafter enter upon its records an order, which shall have all the force of a judgment, provided that there shall be assessed upon the real property of the district and collected annually […]

§ 20-17-1112. Assessment — Filing and collection

(a) The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved. (b) It shall then be the duty of the collector to collect each year the […]

§ 20-17-1113. Assessment — Time for payment — Failure to pay — Redemption

(a) (1) All annual benefits extended and levied under this subchapter shall be payable between the third Monday in February and the third Monday in April of each year. (2) If any annual benefit assessments levied by the board of commissioners under this subchapter are not paid at maturity, the collector shall not embrace the […]

§ 20-17-1115. Issuance of notes

(a) In order to acquire equipment and to do the work, the board of commissioners may issue the negotiable notes of the district signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum and may pledge and mortgage a portion of future annual benefit assessments […]

§ 20-17-1116. Dissolution

(a) The district shall not cease to exist upon the completion of the improvement, but it shall continue to exist for the purpose of operating and maintaining the cemetery until such time as the owners of a majority in value of the real property within the district petition the county court for dissolution of the […]

§ 20-17-1117. Certain suits in public interest

(a) All cases involving the validity of the districts or the annual benefit assessments and all suits to foreclose the lien of annual benefit assessments shall be deemed matters of public interest, and they shall be advanced and disposed of at the earliest possible moment. (b) All appeals therefrom shall be taken and perfected within […]

§ 20-17-1118. Fee of collector and county clerk

In collecting annual benefit assessments in any district created under this subchapter, the collector of taxes in any county shall deduct one percent (1%) of the annual benefit assessments or taxes so collected, and retain one-half of one percent (0.5%) as the fee of the collector for collecting the assessments or taxes and pay over […]