Last Updated: 08/18/02

[S.B. No 299]

Giving Cities the Right to Own Cemeteries.

An act authorizing cities to acquire, hold, and improve land for cemetery purposes, to sell lots therein and to provide, receive and invest funds, the income there from to be used in the betterment, care and improvement of such cemeteries.

Be it enacted by the Legislature of the State of Washington:

Section 1.  That any city may acquire, hold and improve land for cemetery purposes and may sell lots therein and may provide by ordinance that a certain specified percentage of the moneys for any lots sold may be set aside and invested, and the income from said investment be used in the  care of said lots, and may take and hold any property, real and personal, bequeathed or given upon trust, and apply the income thereof for the improvement or embellishment of such cemeteries or the erection or preservation of any buildings or strictures, fences or walks erected or to be erected upon the cemeteries of such city, or for the repair, preservation, erection or renewal of any tomb, monument, grave-stone, fence, railing or other erections at or around any cemetery lot or plat, or for planting and cultivating trees, shrubs, flowers or plants in or around such lot or plat or for improving or embellishing such cemetery in any other manner or form consistent with the design and purpose of such city, according to the terms of such grant, devise or bequest.

Section 2.  It shall be the duty of the cemetery board or other body or commission having in charge the care and operation of cemeteries to invest all sums set aside from the sale of lots, and all sums o money received, and to care for the income of all money and property held in trust for the purposes designated herein:  provided, however, That all investments shall be made in municipal, county, school or state bonds, or in first mortgages on good and improved real estate.

Section 3.  That all investments shall be approved by the council or legislative body of the city.

Section 4.  That all moneys received or obtained in the manner herein provided shall be deposited with the city treasurer of said city, and shall be kept separate and apart in a fund known as the cemetery improvement fund, and shall be paid out by the said treasurer only upon warrants drawn by the order of the cemetery board and endoresed by the mayor and attested by the city comptroller of said city, or other authorized officer.

Section 5.  That accurate books of account shall be kept of all transactions pertaining to said fund, which books shall be open to the public for inspection and shall be audited by the auditing committee of said city.

Section 6.  That the said city shall, by ordinance, make all necessary rules and regulations  concerning the control and management of said fund to properly safeguard the same, but shall in no wise be liable for any of said funds except a misappropriation thereof, and shall not have power to bind the city or said fund for any further liability than whatever net interest may be actually realized from such investments, and shall not be liable to any particular person for more than the proportionate part of such net earnings.

Passed by the Senate March 6, 1909.

Passed by the House March 11, 1909.