Section 9055 Of Chapter 4. Powers From California Health And Safety Code >> Division 8. >> Part 4. >> Chapter 4.
9055
. (a) A district may convey a cemetery owned by the district to
any cemetery authority, pursuant to this section.
(b) The board of trustees of a district that proposes to convey a
cemetery owned by the district to a cemetery authority shall adopt a
resolution of intention that contains:
(1) A description of the cemetery that the district proposes to
convey.
(2) The name of the cemetery authority to which the district
proposes to convey the cemetery.
(3) An appendix that reports the cemetery's current assets and
current liabilities and contains a reasonable projection of the
district's ability to finance the ownership, improvement, expansion,
and operation of the cemetery in the future.
(4) The terms and conditions of the proposed conveyance. The terms
and conditions shall require all of the following:
(A) The cemetery authority maintain the cemetery as a endowment
care cemetery pursuant to Sections 8738 and 8738.1.
(B) Appropriate consideration, as determined by the board of
trustees.
(C) A restriction in the deed that conveys the cemetery to the
cemetery authority that will permit the district or another public
agency as the district's successor in interest to enter the cemetery
and perform any repairs, restoration, or maintenance that the
district or its successor deems necessary to protect the public
interest, and will require the cemetery authority to reimburse the
district or its successor for those costs.
(D) Any other terms and conditions that the board of trustees
determines to be necessary to protect the public interest in the
cemetery.
(5) A declaration that the proposed conveyance is in the public
interest and in the best interests of the district.
(c) The board of trustees shall send its resolution of intention
to the board of supervisors of the principal county.
(d) Within 60 days of receiving a resolution of intention adopted
pursuant to subdivision (b), the board of supervisors shall hold a
public hearing on the proposed conveyance. The board of supervisors
shall give notice of its hearing by publishing a notice pursuant to
Section 6064 of the Government Code in at least one newspaper of
general circulation within the jurisdiction of the district with the
first day of publication at least 30 days before the hearing. The
board of supervisors shall post the public notice in at least three
public places within the jurisdiction of the district, at least 30
days before the hearing. One of the public places shall be at the
cemetery that the district proposes to convey, and one of the public
places shall be at the offices of the district. In addition, the
board of supervisors shall mail the notice at least 30 days before
the hearing to the district, the cemetery authority, and any other
person who has filed written request for notice with the clerk of the
board of supervisors.
(e) At its hearing, the board of supervisors shall receive and
consider any written or oral comments regarding the proposed
conveyance of the cemetery. At the conclusion of the hearing, the
board of supervisors shall make a finding regarding the value of
written protests filed and not withdrawn and take one of the
following actions:
(1) If the written protests filed and not withdrawn are at least
50 percent of the registered voters of the district or property
owners owning at least 50 percent of the assessed value of the land
within the district, the board of supervisors shall adopt a
resolution that terminates the proceedings to convey the cemetery.
(2) If the written protests filed and not withdrawn are less than
50 percent of the registered voters of the district or property
owners owning less than 50 percent of the assessed value of the land
within the district, the board of supervisors may by a four-fifths
vote adopt a resolution that concurs in the conveyance of the
cemetery to the cemetery authority.
(f) The board of supervisors shall send copies of its resolution
adopted pursuant to subdivision (e) to the district and the cemetery
authority.
(g) If the board of supervisors adopts a resolution that concurs
in the proposed conveyance of the cemetery, the board of trustees may
order the conveyance of the cemetery to the cemetery authority,
subject to the terms and conditions set by the board of trustees and
concurred in by the board of supervisors.