Cemetery Board Declaration of Trust y' s
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a
wHEnEAsr Seetiv'si 6-3 of the Code of ordinances of the `?`
CITY OP, T3OYNTON BEACH, FLO1 MA pertaining to cemeteries within said
municipality, provides that the City Council shat: from time to time ,, by
resolution, fix the priceto be charged for the,sale o: cemetery lots and for
other purposes; and
WI-HEREAS, the Cemetery Board of the CITY OF BOYNTON
BEACH, has heretofore forwarded its recommendations to the City Council
relative alteration of said existing rates,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the CITY OF BOYNTON BEACH, FLORIDA, that the following rates are
hereby established for the sale of cemetery lots located in municipal cemeteric..
within the city limits of Boynton Beach, Florida.
$ 75.00.per lot - resident rate.
125. 00 per lot non-resident rate.
37.50 per lot - Infa_it rate (to 4 yrs. )
It is further resolved that the hours for burials within saiit
cssyas� ti.-rc'�y .---�iui.l3�.ezc.l 77�—.mer. 9�vo �]�vL_.. �a 3l �tecr.-T i
pail
coar:ges ano procedures pre e ntLy vx' - 1.1 ,z1' '— tri8 O5� tiuIl 4 CS
owned cemeteries wittily aitl city 151-iu11 rcitiiii.ii a,5 now vat-won,5d10 ,
P�%SSED Arad DO PTl i) this Z 4 days of <3'uiy, A. D. 1961.
(CORPORA'T'E SEAL) CITY OF, OYN3`Z)N BLAC I-I, F I:OR1DA.
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ATTEST: i 1. ,- ,, : '
City Clerk.-. Councilman
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Wet,f101,7 FLONWA 334:fts `'"' —�
i:afri.l. 29, 1976 RECEIVED
CENTRAL FILE
Hon. Joe DeLong, Mayor d.a14 6 1971
City of Boynton Beach, T:l.c» ida
CITY OF BOYNTON BEACH
Dear Mr. Mayor;
Per
Thank you for your letters to Mr Richard Vacti.ne and the Presi-
dents of the High Point associat.ions, I have met with a few of the
residents in three different meet.inge and found them to be courteous
and attentive. My personal, opinion is' that they are not so much
against the proposed maneoleum,. per :,e,, but angry about the ball
park, Y-95 Interstate, widening of 1M.h Avenue and South Seacrest
Blvd. , and disruption of everything 54 general caused by the pro-
posed construction, as well as the alleged misinformation from the
developers of High Point. :[ found, in my opinion, most of those
persons attending were victims of misinformation and prejudice. As
mentioned before there was a mall attendance at the meetings,
actually, in my judgment, a few persons acting in their own inter-
ests end not for the majority, a Carl^ of the "tail wagging the dog. "
One person suggested purchasing lance weet of town for a mausoleum
alone, and others a purchac;e of another cemetery site west of town,
not considering that such a proposition would need a minimum of
forty (40) acres and require hundreds of thousands of dollars to
purchase and develop. It seemed to me that a substantial amount of
conjecture was rampant. Actually, when the present cemetery is
filled up, the then sitting Council may decide_ to call a halt to
further additions. -
In :review, the proposed maursolerun 't.:('uld tale up the space of 214
grave sites and provide 640 crypts and i'°i niches (for cremated
persons) . The mausoleum would require less maintenance and in-
cre cse the present interment time from r pproxlmately 15 to 22 years
and create a total minimum of $500,:000 as a Cemetery Trust Fund
(after capital. improvements) . A weithy r'r"r,_ject beyond those
plffa,uecl for I oce Raton, Lake Worth ;.pfd Delray Beach.
There would be no need for. the City to finance any part of the
proposition, as I have received aeeuranee from :a county lending
institution that it would finance a 5"year loan in the amount
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April %`j, 1.076pti 'i
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of $150,000. With $100,000 from our present Trust Fuad arnd the
$150,000 loan, a grand total of $250,000, upon your and the
Council's approval, would complete the package, The Cemetery
Board has studied the proposition very carefully before making
its recommendation to you and your Council.
Any further questions you may have, you may call upon us
Respectfully,
-Fdg . D. Hurfo, +ns.
e/^ Chari rman •xlg'' `"
)n i s
City of Boynton Beach Cemetery Board m so,
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Ammompersol
•
JAMES G.SOMERVILLE
REALTOR ASSOCIATE
PHONE:(305)61194600
2300 Palm Beach Lakes ttivd,-West Palm Beach,Fla.3
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UNIMPROVED PROPERTY
�c. ' 111,trDATA SIIPROC AVIS ANt.4.134V rr
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Name: _ Date _ 5_ __7...C________
____ _ _. _ ,.- -- - __
Caption: ___. __._.._____ __.__.___.___________-___
iLl
General location:__. .W.C5 .. es--_ _S7 -.N.W- TAV _ VA =
Price;_ _ .,QQO_ Total Size: ____r Acres
�- 5 Per acre - Sj�' csq.ft.
_'' . to -- per sq.ft. _2C4+—5111 2Sfr.ft. : .
-- _! _ per ft. ft. __ dimensions
per unit Zoning: Present Potential:
Terms: _ _
•
•
Exchange? Divide? Subordinate? _
S ecifia Location: V�JI.:XI ofi �UNtuPA tNei.%t"i=� ' `�A�� QQVA.%
p City --County State
Utilities: (Indicate Source) Water: e aT`l Sewer: C s T'/
Electric: F P8. I Telephone: $p.- '-.'-
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :. . , .
Type of Property: C1-, S11.%1q.-b-1 1
Physical Characteristics: Clearing/Grubbing needed?__ i� - _ tiar 4r=J
�• a
Soil Type/Condition: tf�1�`/ Elevation? • ; Drainage?_[ s..,1.-.
Additional features or remarks:
•
• Taxes: ____ A.V. Land
Building
Year: _.
Total
Exemptions:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * .* * * * * * * * * * * * * * * *
Listing Salesman — 4C,1=
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III •
•
MINUTES
-2- November 17, 1976
CEMETERY HOARD
• Mr. Combsmentioned the size of the infant plots, and it was agreed
to leave it status quo until later when other revisions will be
heyifeltd thehreplatting could be done atenue is one time, aseted.
discussed
They felt all replatting
the March 24th meeting.
The Chairman announced the date of the Board Dinner as December 17th.
The requisition for 500 feet of sod was presented for approval. Mrs.
Van Devender moved to approve same. Motion seconded by Mrs. Chadwell
and carried 5-0.
The attached proposal from James G.MSomeer for possible consideration
reed forward s me to t e Ci y g --+
y the Cit ouncil.
Discussion came up on the fiber glass combination casket and vault
as to whether to permit the use of same. Mr.
Combs moved to continue
as we aredin requiring a cement liner, and defer aNysfurther
actiond
n
on this subject at this time. Motion seconded by
• carried 5-0.
• Discuss Mausoleum
-----
Mr. Hurford stated that he had been working on the proposed specs for
the mausoleum. He referred to correspondence from GeorgedDavis, Mr.
e
Kenneson and Mr. Foxworthy and
others
thesethat
names oneour mailing list
n pland mentioned that we should place
when we actually go out for bids. He mentioned how he hadbeen
working with Mr. Pickel on this subject and reviewed the progress
bg nss
to date.
Mr. Combs asked about patented niches and Mr. Hurford agreed to
get more information on same. Mr. Hurford said there would -be
about 600 crypts and 400 niches.
Everything depends on whether the money becomes available. When
we know the money is available then we will proceed with definite plans.
The Clerk was requested to contact Mr. Whalin, Florida 'Power & Light
Co. , re power lines along S. W. 15th Avenue.
III Meeting adjourned at 8:40 P. M.
Respectfully submitted.
Tereesa Padge"R---
(2 Tapes)
Sept. 30, 1976 Financial Statement
Received on 11/18/76
1 n ri I I n I co
1
PRPP'-, :C1 ttYt
this Inct►um( .t Pleparvd &y EASEMENT
M. fl. MACON DATE April 30, 1975
ri0�71A�1 POV•1CR & LIGHT COMPANY
k P,U.Sar •1.109 Ort►ey lttact►,rla.3:1444 •
SEC 33 TWP 45S RGE 4
In consideration of the payment to me/us by Florida Power & Light Company of$1.00 and -•cher good a
valuable consideration which I/we have received, I/we and those holding through me/us,grant and give to Flori
I Power & Licht Company and its successors and assigns an easement for the construction, operation and ma
tenance of electric ut;lity facilities (including wires, poles, guys, cables, conduits, transformer enclosures a
appurtenant equipment) to be installed from time to time;with the right to reconstruct, improve, add to,cha
the size of or remove such facilities or any of them; to permit the attachment of conduits,wires or cables of a
other Company or person; also, to cut, trim and keep clear all trees,brush and undergrowth or other o'structi.
that might endanger or interfere with said facilities, on, over, upon, under, and across my/our property descri
as follows;
•
• • A strip of land, varying in width, lying in the North
one half of Section 33, Township 45 South, Range 43 '
East, as shown on "Exhibit A", attached and submitted
herewith.
•
•
•
•
1 •
In the presence of: •
CITY of rOYN T ON BEACH
f
?`T BY !1
PREsIOEN7y - •
•. .. • (Corporate Seal)
' ATTEST: r_ C tL L.2
•
STATE OF FLORIDA ANO COUNTY OF Palm Beach
I HEREBY CERTIFY that before me,personallyappearedDavid Roberts S Tereesa Padgett
City
respectively, Mayor President and Clerk Secretary of the City of Boynton Beach
a Corporation organized under the laws of the State of Florida ,to me known to be the persons descri
in and who executed the foregoing instrument,and severally acknowledged the execution thereof to be their free act and deed as
officers,for the uses and purposes therein mentioned;and that they affixed thereto the official seal of said corporation and,that sai
instrument is the act and deed of said corporation.
• 30th • April - 7
WITNESS my hand and official seal in said County and State this day of 19.1
My Commission expires: •`'C•1t \J; ,-���' 19 a.•q e;� r.c:: fere ►:. C�ct!:; G:--•�'? ft �c_.Eict.•
"EXHIBIT A"
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° I! ORD-I"NANCE NO. - 83-c i - •
} • AN ORDINANCE OF THE CITY OF BOYNTON
11 - BEACH, FLORIDA, AMENDING CHAPTER 6,
i. - SEC. 6. 3 , SEC. 6.4 .AND SEC. 6.5 OF
. THE CODE OF THE CITY OF BOYNTON
— BEACH TO PROVIDE FOR THE ESTABLISH-
•
MENT OF A• SEPARATE PERPETUAL TRUST
• 1 - . FUND FOR THE CARE, UPKEEP AND MAIN-
. !I TENANCE OF MUNICIPAL CEMETERIES; TO
1 TRANSFER ALL FUNDS HERETOFORE SET
ii ASIDE PURSUANT TO SEC. 6. 3 OF . , ? .
!i CHAPTER 6 TO SAID TRUST; TO CHANGE
' . THE TERM OF OFFICE OF THE BOARD
1 OF GOVERNORS OF THE MUNICIPAL
CEMETERY; AND TO ESTABLISH THE
SPECIFIC FORM OF THE DECLARATION •
H • OF TRUST TO PROVIDE FOR THE PER-
i . PETUAL CARE, OPERATION AND MAIN- -- --
. TENANCE OF THE MUNICIPAL.,CEMETERIES; .
H . PROVIDING FOR A REPEALING CLAUSE;
j . . - PROVIDING FOR A SAVINGS CLAUSE;
Ii PROVIDING FOR AN EFFECTIVE DATE
- AND FOR OTHER PURPOSES.
iI
Ii
WHEREAS, the City operates municipal cemeteries within
- • �, the City limits of the City more particularly described in
Fl Chapter 6, Code of Ordinances for the. City of Boynton Beach;
111
and
• 11 WHEREAS, Section "6-3 of Chapter 6 of the Code of
. . i Ordinances for the City of Boynton Beach provides for the .
11 establishment of a separate fund for the perpetual care, upkeep
�1 and maintenance of said cemeteries ; and
,I
l'il ' WHEREAS, the City, as Grantor, pursuant to said Ordinance, ;
wishes to permanent set said funds aside for such purposes under
ja
;1 the terms and conditions hereinafter provided.
i! NOW, THEREFORE, 'BE IT ORDAINED BY THE .CITY COUNCIL OF ., -
i.
{i THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS :
I� Section 1. That Sec. . 6. 3 of Chapter 6 is amended as follows :
I Sec. 6. 3 Cemetery fund established; use, investment.
1 The City of Boynton Beach, Florida, is hereby authorized
I
1i to establish a : separate Trust Fund for the perpetual care,
hf
upkeep and maintenance of said cemeteries and to .designate the
H Trustees of said Trust 'and to provide that all funds derived .
;± from the sale of cemetery- lots' shall 'be paid into said Trust
' . ii Fund to be designated as 'the ,Cemetery Trust Fund, and used for
I
i; the perpetual care, upkeep and maintenance of said cemetery.
'Sueh-funds--er-pertiens-thereef--may-frees-t}144e-te=time--as
II
aGeumulatiens-are-in=th.e-best }udgmeRt-ef-the-eity-eexxeil
111 se.€€relent;-be-depesited-iR-fedeal-savings-and-lean-asseeiatien
as eeunts-aid-time-depesits;-seeu.red-in-aeeerdaHee-with-lana;_-er
invested-in-United-Stae"s-Gevernrent-see it}es. -The .City is
' III
y I
authorized to transfer and pay over to the Trustees all funds
!theretofore set aside pursuant to Section 6-3 of Chapter 6 of the
hI Code of Ordinances of the City of Boynton Beach upon the
111 establishment
11' establishment of said Trust. Said Trust is hereby established .
according to the Declaration of Trust attached hereto as
;' Exhibit "A" and incorporated herein.
Section 2. That Sec. 6.4 of Chapter 6 is amended as follows :
Sec. 6. 4. Board of governors created; composition;
►; terms ; quorum.
_ ,. There is hereby created and established a board of
governors of the municipal cemetery, which shall consist of the
} city clerk, five (5) other persons and one alternate. sake
shall-be-apps}need-by-the-eity=eeuReil-te-serve-fer-terms-ef .
eme-year-fres-the-date-ef-appeintmext---peter-{4)-members-ef
1 the-beavd-shall-eemstittlte-a-qta.ertim, Two (2) appointments and
the alternate •shall be appointed to serve for a term of one (1)
year from the date of appointment. Two appointments shall be
appointed to serve terms of two (2)2years from the date of
appointment, and one (1) appointment shall be made to serve a term
of three (3) years from the date of appointment.
Section 3. That Sec. 6. 5 of Chapter 6 is amended as follows :
I Sec. 6. 5. General powers , of board. • € .
The Board shall have the right to establish rules and
regulations for the management and control of any cemetery
11 owned and operated by the City, andfor the conduct of -the
board' s business, not inconsistent, however, with the provisions
11
of this ar.'ticle, and in addition thereto, shall comply with, f
' abide by and enforce the provisions and 'conditions of this
! article to the extent that monies are made available to the
i Trustees for the necessary perpetual care, upkeep, maintenance :
and improvements to the municipal cemetery by the Trustees of the
11 cemetery trust established pursuant to Sec. 6. 3 hereof. Provided, '
Ikew ver;-that-tie-beard-shall-have-ne-right;-gewer-er-autkerity
1,1te-eeritraet-fer-expend.iteres7-er-te-expend-any=menet'-exeept
11, insefar-as-permss}en-te-de-se-shall-Piave-been-granted-by-metiers
e - eseltit}en-e€-the-eity-eettneil,
Section 4.
The remaining provisions of 'Chapter 6 which do not
t conflict withthe provisions hereof are. hereby ratified and
t
- 2 -
► / :
1 reaffirmed.
If
IjSection 5. That all ordinances or parts of- ordinances in con-
ilfli
t 1ct herewith are hereby repealed.
G4
i Section 6. That should any section or provision of this
Ii
�I Ordinance. or any portion hereof be declared by a Court of
II, competent jurisdiction to be invalid, such decision shall not
'i affect the remainder of this Ordinance.
Id.
ii
( ji Section 7 . That this Ordinance shall be effective immediately
l
upon its passage.
{ Section 8. That authority is hereby granted to codify this
I
Ordinance.
FIRST READING this /5 day of MQ ,fr-e,i , 1983.
SECOND READING and FINAL PASSAGE this ,Iday of
1983.
1. CITY OF BOYNTON BEACH, FLOR to
By: J z Aft.4.4. %� .. A.- _
.yor 1\' ,,,Z....—_,I.>
e ayor
:'G:.'C.'R.i. `�-' v--, • G („1:.<:-(-L -' '1
council Member r —
f
s 1
' o e-i 'Memb-r )1 ---i 1 '--I --- 7:k ) �~
f
' z'' (i1A`({J.-
I uncil Memb-r
1 .
`
il
it ATTEST:
I /:eic;;',"-M.-c-, _i
_
1 'i i' — -,
'1?- ir i i
11 City C/- k _
����
(Corp. Seal) � / d
/ �
i (ice'
i ,� / � �
1 / aj ,____AA. j.
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4
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it
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1 -- - --__ - jfIiI
4-, ' .: , . - , "•••
. ,
-- •
l' _ ' • ' .
. . ,
. . , .
. . .
. • . .
• . .
• . •
• .. •
. . • . .• • • • DECLARATION OF TRUST
• . . •• . . .
. . .
. .
. . . .
, .
. .
. . . .
. . . . ' • - ,. . . .-'- • • . , .
. . •
. .
_ .
(: ' - • . . . . -.
THE CITY OF BOYNTON BEACH, FLOAIDA, a Florida municipal • .
• • - rorporation; hereinafter referred to as the "CITY" , does, by these .
,. .
. , .
presents;. eo.tE.ali .S.11.ka Trust as . h.ireinafter. provided. ••• • . • - . .' . - -
. , .._ . .
. ''. - WHEREAS, the City operates municipal cemeteries. within. . . .
, .
._
. . . the City limits of the City, more• particularly described in Chapter
: 6, Code of Ordinances •for. the. City of Boynton 'Beach; . and. ..'
( • ' • . . , .
. ' •
WHEREAS, Section ,6-3 of Chapter 6 of the Code "of • • . .
..
'Ordinances for the' City of Boynton Beach provides for the establish-
ment of a. Separate. fund for the perpetual care, upkeep and maintenance
. .
of said cemeteries; and • . • ' , . . • . .• . - • - •
. .
. . .
. . . .
. . . .
. .
WHEREAS, the City, as Grantor,.. pursuant to said Ordinance, --
. .
. wishes to. permanently set said• funds •aside for such purposes under • ' - .
. . the terms. and conditions hereinafter provided. . • • • . „
. . •_
. .
. .
NOW, THEREFORE,. be it known that the City does by these
. .
. . _ .
. . .
presents establish a. ..Trust as follows : : ... -: • .. . . - . , . . •
( . '
• : .
1. Trust Estate . The City does simultaneously herewith. ' • -
. .
. • ' grant, transfer and pay over to the , Trustees, ..hereinafter. • .
I . . designated, all funds heretofore set aside pursuant to Section 6-3' - • .
• • .
of Chapter 6 of the Code, of Ordinances of the City of. Boynton Beach, . .. . .
. • which shall hereinafter be referred to 'as the Trust Estate, IN TRUST, '
. • to be held, invested, ' reinvested and administered by- the Trustees .
. . _
. . .
_ .
. • for the uses and purposes, and under- the provisions and conditions . as
• .
hereinafter provided. - - .- . . .. . .
.- • • , 2. Payments from Income. The Trustees shall pay from the . .:
‘
k • . net income derived from the Trust Estate such amounts as the Trustee
- . shall determine from 'time to time to be necessary, proper and- prudent
- '
for the perpetual care, upkeep and maintenance of and• imprOvements
• . - to the municipal cemeteries operated ' and maintained by the City-, - - ,
•
• - . . - .. Should the principal of the Trust Estate ever exceed the
. , .
. • - - . sum of $2, 000, 000 and, if, at the end of the fiscal year of. the Trust, '
•
'there is income which is unexpended and uncommitted. which the .
. .
-Trustees believe would. be unnecessary for use for Trust purposes ..
. .
. . . .
. ' . during the .forthcoming fiscal year, the Trustees. may, in . their. sole
•diScretion, • by two-thirds (2/3rds) vote of the Trustees pay such . '. . . _
. . . .
. • . . . . . • •
. . . . .
. . . .
. . .
. . .
. . .
. . .
. . . . . .
. . .
. . . .
- . .
. . • •
. . • -
. -
• -
• . .. . . . ‘ .. _ .
. . .
. . ,
. .
. . .
. _
•
' • . .
. • . :
EXHIBIT "A"
•
. . .
. . ,
. .
. .
. . . .
. . .
. . . .
. . .
. . .
surplus income to th City to be added to its gCLLeral funds and expended
for general municipal purposes within the discretion of the City
Council.
Any net income not expended as hereinabove provided shall be
added to and administered thereafter as part of the principal.
3. Payments from Principal. If the income from the Trust
Estate be inadequate; in the opinion of the Trustees., for the perpetual
care , upkeep and maintenance of and improvements to the said cemeteries,
the Trustees may, by two-thirds (2/3rds) vote of all of the Trustees ,
make payments from the principal for such purposes.
4. Trustees, The Trustees of the Trust herein established
shall be
(a) The Mayor of the City shall, by virtue of his
election to said position, serve as a Trustee during his term as
Mayor.
(b) The City Manager of the City, duly employed from
time to time by the City Council, shall serve as a Trustee during the
term of his employment,
(c) The Cemetery Board of Governors , duly..appointed by the
City Council pursuant to Section 6-4 of Chapter VI of the Code of
Ordinances of the City, s still ap�pmo tY-two (7l:) c =the ir=wmreitfier.a., tsrve
_sem
was 'Zwr yes ® appointment hta1 b mor—p.d--of—one (-1-)=ye-a , and
eon �1)'=app'on=tmerit- s_ha11=b�-for=a--aper`iod.__of=twa:�(2)�=years . The term
shall coincide with the fiscal year of the Trust. T our-..•2(4T=r"°° .te
appointed herebyh.:.Z_1-=b=y==majpr•o-t %`vo.t:eBcho;o's'e-ate:fifthllieriib:es___to. :5-eervE "
`forma termer ; `' V(2) ietrs Should any Trustee nominated by the Cemetery
Board cease to be. a member of the Cemetery Board at any time during the
year for which he or she is nominated, the Cemetery Board shall nominate and
appoint one of their members a a successor for the balance of the term.
The Trustees shall serve in such capacitywithout compen-
c sation or fee for their services as Trustees.
5 . . Fiscal Year, The fiscal year of the Trust shall coincide with
the fiscal year of the City, which presently ends September 30th of each
calendar year,
6 . .Trustees ' Powers . Except as expressly provided
otherwise herein, the Trustees shall have all of the powers granted
to trustees under the laws of the State of Florida, including
- 2 -
•
the Principal and. Income Law; EXCEPT, HOWEVER, as to investment
powers, the Trustees shall be governed by the laws of the State
a , of Florida concerning investments by municipalities and by the
provisions of the Charter of the City pertaining to investment of
the City' s funds .
7 . Bond. All Trustees shall , as a condition to their
assuming their position as Trustee, give bond for the faithful
performance of their duties as Trustee, with corporate surety
qualified to do business in the State of Florida, in an amount
at lease equivalent to the value of the Truste Estate from time
to time. The cost of thebond shall be paid from the Trust Estate
as an expense of administration. Should the City be able to make
arrangements with the City' s general fidelity bond surety to
include the Trustees in the City' s general fidelity bond, such
arrangements shall be deemed to satisfy the bonding requirements
of this paragraph.
8. Administration and Designation of Agents. The adminis-
tration record and bookkeeping for. the Trust Estate shall be handled
by the Finance Department of the City without charge to the Trust.
The Trustees may delegate one or more of their number to sign bank
drafts for approved expenses of the Trust.
9. Trust to be Perpetual. The Trust herein established
shall be in perpetuity and may not be revoked, altered or amended,
except by unanimous consent by the City Council and all of the
Trustees of the Trust Estate. •
10. Accountings . Within sixty (60) days after the end
of each fiscal year of the Trust , the Trustees shall provide the City
with an accounting •of .the administration of the Trust during said
fiscal year. The cost of the preparation of such accounting shall be
paid from the Trust Estate as an expense of the administration of
the Trust.
11. Limitation of Trustees ' Liability. No Trustee of this
Trust shall incur any liability to the City for acts performed by
the Trustee in good faith and performance of his or her duties
as Trustee.
IN WITNESS WHEREOF, and pursuant to Ordinance 83-9
- 3 -
•
•
duly adopted by the City Council of the City of Boynton Beach on
April 4 , 1983 , this Declaration of Trust has been
executed in the name of the City of Boynton Beach by the Mayor
and attested by the City Clerk this day of
1983 .
CITY OF BOYNTON BEACH
BY ".. �--�-�/ "mac
ti ayor
•
ATTEST:
ity . erk
(Official Seal)
•
•
- 4 -
e
•
DECLARATION OF TRUST
THE CITY OF BOYNTON'BEACH, FLORIDA, a Florida municipal corporation,
as Grantor, hereinafter referred to as the •"CITY" Idoes, by these presents,
establish a Trust as 'hereinafter- provided:
WHEREAS, the City operates municipal cemeteries within the Town
limits of the City more particularly described in Chapter 6,. Code of
Ordinances for the City of Boynton Beach, and 1
WHEREAS, Section 6-3 of Chapter 6 of the Code of Ordinances for
the City of Boynton Beach provides for the establishment of a separate
fund for the perpetual care, upkeep and maintenance of said cemeteries, and
•
WHEREAS, the City, .as Grantor, pursuant to said Ordinance, wishes
to permanently set said funds aside for such purposes under the terms and
conditions hereinafter provided, .
NOW, THEREFORE, be it known that the City does by these presents
establish a Trust as follows:
i
1. Trust Estate. The City does simultaneously herewith grant,
transfer and pay over to the Trustees, hereinafter designated, the sum of $
being the funds heretofore set aside pursuant to Section .6-3 of Chapter 6 of the
Code of Ordinances of the City of Boynton Beach, which shall hereinafter be
referred to as the Trust Estate, IN TRUST, to be held, invested, reinvested
• and administered by the Trustees for the uses and purposes, and under the
provisions and conditions as hereinafter provided.
2. Payments from Inccme. The Trustees shall pay from the net income
derived from the Trust Estate such amounts as the Trustees shall determine
from time to time to be necessary, proper and prudent for the perpetual care,
upkeep and maintenance of and improvements to the municipal cemeteries operated
and maintained by the City.
. Should the principal of the Trust Estate ever exceed the sum
of $1,000,000, and, if at the end of the fiscal year of the Trust, there is
• i
• income which is unexpended and uncommitted which the Trustees believe would •
1
• J
• be necessary for use for Trust purposes during the forthcoming fiscal
year, the Trustees, may, in their sole discretion, by two-thirds (2/3rds)
vote of the Trustees pay such surplus income to the City to be added to
its general funds and expendedfor general municipal purposes within
the discretion of the City Council.
Any net income not expended as hereinabove provided shall be
added to and administered thereafter as part of the principal.
3. Payments from Principal. If the income from the Trust Estate
be inadequate, in the opinion of the Trustees, for the perpetual care, upkeep
• and maintenance of and improvements to the said cemeteries, the Trustees
• may, .by two-thirds (2/3rds) vote of all of the Trustees, make payments
frau the principal for such purposes.
4. Trustees. The Trustees of the Trust herein established
shall be:
0.) - The Mayor of the City shall, by virtue of his election
to said position, serve as a Trustee during his term as Mayor.
b) The City Council shall, prior to the commencement of
each fiscal year of the Trust, appoint one (1) of their mE'mbers `(.other
than the Mayor) , who .shall serve as a Trustee during the fiscal year for
which he or she is nominated. Should the Trustee nominated by the City
• Council cease to be.a member of the City Council, or be elected to the
office of Mayor at any time during the year for which he or she is
nominated, the City Council shall nominate and appoint one (1) of their
members as a successor for .the balance of the term.
The City Manager of the City, duly employed from time
to time by the City Council, shall serve as a Trustee during the term of
his employment.
a) The Cemetery Board of Governors, duly appointed by the
City Council pursuant to Section 6-4 of Chapter VI of the Code of Ordinances
of the City,. shall, prior to the commencement of each fiscal year of the
Trust, appoint two (2) of their members who shall serve as Trustees during
• the fiscal year for which they are nominated. Should any'Trustee nominated
bythe
Cemetery Board cease to be a member of the Cemetery Board at any
- 2 -
i
time during the year for which he or she is' nominated, the Cemetery
Board shall nominate and appoint one of their members. as a successor
for the balance of the term.
The Trustees shall. serve in such capacity without compensation
or fee for their services as Trustees.
5. Fiscal Year. The fiscal year of the Trust shall coincide
with the fiscal year of the City, which presently ends September 30th
of each calendar year.
• 6. Trustees' Powers: Except as expressly provided otherwise
herein, the Trustees shall have all of the powers granted to trustees
under the laws of the State of Florida, including the Principal and •
Income Law; EXCEPT, HOWEVER, as to investment powers, the Trustees shall
be governed by the laws of the State of Florida concerning investments
• •by municipalities and by the provisions of the Charter of the City
pertaining to investment of the City's funds.
7. Bond. All Trustees shall, as a condition to their assuming
their.position as: Trustee, give bond for the faithful performance of
their duties as Trustee, with corporate surety qualified -to do business •
in the State of Florida, in an amount-at least equivalent to the value
of the Trust Estate from time to time. The cost of the bond shall be paid
from the Trust Estate as an expense of administration. Should the City
be able to make arrangements with the City's general-fidelity bond surety
to include. the Trustees in the City's general fidelity bond, such arrange- -
ments shall be deemed to satisfy the bonding requirements of this paragraph.
8. Administration and Designation of Agents. The administration
record and bookkeeping for the Trust Estate shall be handled by the Finance
. Department of the City without charge to the Trust. The Trustees may delegate
one or more of their number to sign bank drafts for approved expenses of the
Trust.
• a. Trust to be Perpetual. The Trust herein established shall be
in perpetuity and may not be revoked, altered or amended, except by
•
- 3 -
unanimous consent by the City Council and all of the Trustees of the
Trust Estate.
10. Accountings. Within sixty (60) days after the end of each
fiscal year of the Trust, the Trustees shall provide the City with an
accounting of the administration of the Trust during said fiscal year.
The cost of the preparation of such accounting shall be paid from the
Trust Estate as an expense of the administration of the Trust.
11. Limitation of Trustees' Liability. No Trustee of this
Trust shall incur any liability to the City for acts performed by the
Trustee in good faith and performance of his or her duties as Trustee.
IN WITNESS WHEREOF, and.pursuant to Resolution 82-
duly adopted by the City Council of the City of Boynton Beach on
1982, this Declaration of Trust has been executed
in the name of the City of Boynton Beach by the Mayor and attested by the
City Clerk this day of 1982.
CITY OF BOYNTON BEACH,
Mayor
ATTEST:
(Official Seal)
City Clerk
• - 4 -
tit:.,�',
S
.-Sr
mal;+'.•`:`moi` i�1'"
.J•"i
v .
•z-.
Ch
. .. .: . .,.,.. .. . r Iia.. .. , . .."-•:.
MEMORANDUM
-0 City Council 0.4TB February 10 , 1983
via City Manager
-nom Tereesa Padgett, Secretary SUBJECT
Cemetery Board
Pursuant to your request, we reviewed the trust agreementforwarded
to us February 3rd and recommend the following changes :
•
#2 - Second paragraph
Change $1,000 ,000. to $2 ,000 ,000
#4 - Trustees
Strike paragraph (b)
We suggest that the Trustees be :
1. Mayor
2 . City Manager
2 members of the Cemetery Board
and these 4 members choose a 5th member.
• • Respectfully submitted,
By g.44,
Tereesa Padgett; Secretary
CEMETERY BOARD
/
,TP/lmba ;aa �
' n
•
FEB 1983
• fry^^/'gFA1 .'A
c.S bra ` •�J �•-1
' o
- •E
•
•
0
AGENDA
February 16, 1983
X. OLD BUSINESS:
C. Cemetery Trust Fund
Attached is a Declaration of Trust which was prepared by the City
Attorney for the purpose of creating a Trust for the Principal
and the Cemetery Fund. This Declaration of Trust has been reviewed
by the Cemetery Board and the Board' s suggestions are attached in a
memorandum dated February 10, 1983 from the Secretary of the Cemetery
Board.
Also attached is a sheet which shows the comparison of the proposed
Board Membership, i.e. , that in the first draft prepared by the City
110 Attorney and that which the Cemetery Board recommends.
In addition to the above suggestions on Board Membership, I suggest
that consideration be given to developing some provision for over-
lapping terms of the Trustees.
lite:r)4. eh2en(ey4
City Manager
PLC:mh
cc: Cemetery Board Members
Finance Director
City Attorney
S
TRUSTEE MEMBERSHIP 2/14/83
Original Cemetery Board Suggestions
1 Mayor 1 Mayor
1 City Council Member 1 City Manager
1 City Manager 2 Membersof the Cemetery
2 Member of Cemetery Board Board
appointed by Cemetery Board 1 Person to be selected by
other 4
0
a
• r 1
c/rn wgt
AGENDA Ia l
February 16, 1983
7
X. OLD BUSINESS :
C. Cemetery Trust Fund
Attached is a Declaration of Trust which was prepared by the City
Attorney for the purpose of creating a Trust for the Principal
and the Cemetery Fund. This Declaration of Trust has been reviewed
by the Cemetery Board and the Board' s suggestions are attached in a
memorandum dated February 10, 1983 from the Secretary of the Cemetery
Board.
Also attached is a sheet which shows the comparison of the proposed
Board Membership, i.e. , that in the first draft prepared by the City
Attorney and that which the Cemetery Board recommends.
In addition to the above suggestions on Board Membership, I suggest
that consideration be given to developing some provision for over-
lapping terms of the Trustees.
eter L. Cheney
City Manager
PLC:mh
cc: Cemetery Board Members
Finance Director
City Attorney
- gl
r
e
TRUSTEE MEMBERSHIP 2/14/83
Original Cemetery Board Suggestions
1 Mayor 1 Mayor
1 City Council Member 1 City Manager
1 City Manager 2 Members of the Cemetery
2 Member of Cemetery Board - Board
appointed by Cemetery Board 1 Person to be selected by
other 4
•
sr
•
DECLARATION OF TRUST
THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation,
as Grantor, hereinafter referred to as the ."CITY" does, by these presents,
establish a Trust as hereinafter provided:
WHEREAS, the City operates municipal cemeteries within the Town
limits of the City more particularly described in Chapter 6, Code of
Ordinances for the City of Boynton Beach, and
WHEREAS, Section 6-3 of Chapter 6 of the Code of Ordinances for
the City of Boynton Beach provides for the establishment of a separate
fund for the perpetual care, upkeep and maintenance of said cemeteries, and
WHEREAS, the City, as Grantor, pursuant to said Ordinance, wishes
to permanently set said funds aside for such purposes under the terms and
conditions hereinafter provided,
NOW, THEREFORE, be it known that the City does by these presents
establish a Trust as follows:
1. Trust Estate. The City does simultaneously herewith grant,
transfer and pay over to the Trustees, hereinafter designated, the sum of $
being the funds heretofore set aside pursuant to Section 6-3 of Chapter 6 of the
Code of Ordinances of the City of Boynton Beach, which shall hereinafter be
referred to as the Trust Estate, IN TRUST, to be held, invested, reinvested
and administered by the Trustees for the uses and purposes, and under the
provisions and conditions as hereinafter provided.
2. Payments from Income. The Trustees shall pay from the net income
derived, from the Trust Estate such amounts as the Trustees shall determine
from time to time to be necessary, proper and prudent for the perpetual care,
upkeep and maintenance of and improvements to the municipal cemeteries operated
and maintained by the City.
Should the principal of the Trust Estate ever exceed the sum
of $1,000,000, and, if at the end of the fiscal year of the Trust, there is
• income which is unexpended and uncommitted which the Trustees believe would
•
J
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buTanp saaqsnay SP Dies Timis 04A saaqman aTelp go (z) somq quToddp 'qsnaI
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. seoupuTP10 Jo apc0 DIP ;0 IA Jeqclutlp 30 uoTqoas cq quunsand TTounco AqTD
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egg 04paqoaTa aq ao ITTounoo AqTo am go aaqulam p-eq oq aspao TTounoo
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squaw/pd aNpw iseaqsnaiieq4 Jo TIP go eqoA (sPaE/Z) 9101Tgq-0mq Aq 'APm
seaqsnaa, am isaTaagewao pips eqoq. squawanoadaq puP.go aoupuequTpm pup •
dooNdn '8.4.&O Tpnqadaad am aog isooqsnal am go uoTuTdo am UT 'equnbeueuT aq
aqpqsra qsnal eq4 woag awoouT-am gI -TpdTouTad woag. squawApd -E
•TpdTouTad am go qapd su seqgvaaeq4 peaeqsTuTmpp pup al peppp
aq TTpqs pepTAoad arlogPuTaaaq SP papuedxa you ewoouT qau Auv
'TTounoo TD eq 4 Jo uoTqaaosTp am
uTmTm sasodand TpdToTunn Tpaaua.6 aog -papuadxa pup spung Tpaeuab sq'T
oq peppP aq oq AIT) am oq amoouT snidans qpns Apd saeqsnal, am go agora
(spaE/z) spapp-0m4 Aq 'uoTqaaosTp 0Tos aTe144 UT 'APE 4saaqsnal am 'apaA
TuosT; BuTwoomaog alp BuTanp sasodand qsnal aog asnaog Aapssaoau aq
I •
•
• time during the year for which he or she is nominated, the Cemetery
Board shall nominate and appoint one of their members as a successor
for the balance of the term. -�
The Trustees shall serve in such capacity without compensation
or fee for their services as Trustees.
5. Fiscal Year. The fiscs1 year of the Trust shall coincide
with the fiscal year of the City, which presently ends September 30th
of each calendar year.
6, Trustees' Powers: Except as expressly provided otherwise
411 herein, the Trustees shall have all of the powers' granted to trustees
under the laws of the State of Florida, including the Principal and
Income Law; EXCEPT, HOWEVER, as to investment powers, the Trustees shall
be governed by the laws of the State of Florida concerning investments
by municipalities and by the provisions of the Charter of the City
pertaining to investment of the City's funds.
7. Bond. 'All Trustees shall, as a condition to their assuming
their position as Trustee, give bond for the faithful performance of
their duties as Trustee, with corporate surety qualified to do business
in the State of Florida, in an amount at least equivalent to the value
• of the Trust Estate from time to time. The cost of the bond shall be paid
from the Trust Estate as an expense of administration. Should the City
• be able to make arrangements with the City's .general -fidelity bond surety
to include the Trustees in the City's general fidelity bond, such arrange-
ments shall be deemed to satisfy the bonding requirements of this paragraph-.
8. Administration and Designation of Agents. The administration
record and bookkeeping for the Trust Estate shall be handled by the Finance
Department of the City without charge to the Trust. The Trustees may delegate
one or more of their number to sign bank drafts for approved expenses of the
Trust.
• 9.' Trust to be Perpetual. The Trust herein established shall be
in perpetuity and may not be revoked, altered or amended, except by
- 3 -
-
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(Teas TL'T°TJJO)
.aOrZejAj
'Irma{ NOLLNAOU dO
'Z86T go App sTgg )[ATO A4TO
auk Aq pagsagge pue zoA vi am. Aq goeag uoguAog go ATO aqg go auleu agg uT
pagnoaxa uaaq seq gsnzy go uoTgeauToeU sTgg 'Z86T
uo gouag uogulog go A O ate. go TTounc3 kkTO age. Aq pagdopu iTnp
-Zg uoTgnTosag oq guunsand puu 'dOd2IISM SSdNLIM NI
•aogsnzy se saTgnp aoq zo sTq go aouuwaoJzad pup mTij pooh uT aagsnzy
0q4 Aq pauizo;zad sgoe zo; Aq TO egg og A;TTTgeTT Are anouT .TTegs gsnz.L
sTm go aogsnzI om TITgeTZ ,soogsnzy go uoTqugTurtr 'TT
•gsnz,L am go uoTgezgsTuTuipu am go asuadxa UP se agegsg gsnzy
am uio.J pTed aq TTegs buTgun000e Lions go uoTgezedazd eq . go gsoo agy
•aear� TeosTg pTes buTznp gsnzy eqg go uoTgeagsTuTuipu age go buTgun000e
UP mTM AgTO age apTnozd TTegs seagsnzy eqa. 'gsnzy am go zearS TeosT;
goea go pue agg aeggu srlep (09) kpc s uTIPTM •sbuTgun000d 'OT
'a-Tegsd gsnzy
agg Jo saagsnay am go TTe Pup TTounoO k TO agg Aq guesuoo snow ueun
a4y,
•,+ti,
•
MEMORANDUM
City Council OATH February 10 , 1983
via City Manager
FILE
-nom Tereesa Padgett, Secretary SUBJECT
Cemetery Board
Pursuant to your request, we reviewed the trust agreement forwarded
to us February 3rd and recommend the following changes :
#2 - Second paragraph
Change $1 ,000 ,000, to $2 ,000 ,000
#4 - Trustees
Strike paragraph (b)
We suggest that the Trustees be :
1. Mayor
2 . • City Manager
2 members of the Cemetery Board
and these 4 members choose a 5th member.
Respectfully submitted,
By . gral/,11
Tereesa Padgettr Secretary
CEMETERY BOARD
TP/lmb
VEB 1983
- •
•
,';b1111
kt,
V
DECLARATION OF TRUST
ckadt4'
THE CITY OF BOYNTON.BEACH, FLORIDA, a Florida municipal corporation,
as Grantor, hereinafter referred to as the ."CITY" does, by. these presents,
establish a Trust as hereinafter provided:
WHEREAS, the City operates municipal cemeteries within the Town
limits of the City more particularly described in Chapter 6, Code of
Ordinances for the City of Boynton Beach, and.
WHEREAS, Section 6-3 of Chapter 6 of the Code of Ordinances for
the City of Boynton Beach provides for the establishment of a separate
fund for the perpetual care, upkeep and maintenance of said cemeteries, and
WHEREAS, the City, as Grantor, pursuant to said Ordinance, wishes
to permanently set said funds aside for such purposes under the terms and
conditions hereinafter provided,
NOW, THEREFORE, be it known that the City does by these presents
establish a Trust as follows:
1. Trust Estate. The City does simultaneously herewith grant,
transfer and pay over to the Trustees, hereinafter designated, the sum of $
being the funds heretofore set aside pursuant to Section 6-3 of Chapter 6 of the
Code of Ordinances of the City of Boynton Beach, which shall hereinafter be
referred to as the Trust Estate, IN TRUST, to be held, invested, reinvested
and administered by the Trustees for the uses and purposes, and under the
provisions and conditions as hereinafter provided.
2. Payments from Income. The Trustees shall pay from the net income
derived from the Trust Estate such amounts as the Trustees shall determine
from time to time to be necessary, proper and prudent for the perpetual care,
upkeep and maintenance of and improvements to the municipal cemeteries operated
and maintained by the City.
Should the principal of the Trust Estate ever exceed the sum
of $1,000,000, and, if at the end of the fiscal year of the Trust, there is
income which is unexpended and uncommitted which the Trustees believe would
1. h
be-necessary for use. for Trust purposes during the forthcoming fiscal .
year, the Trustees, may, in their sole discretion, by two-thirds (2/3rds) •
vote of the Trustees pay,such surplus income to the City to be added to
its general funds and expended.for, general municipal purposes within
the discretion of the City Council.
Any -net income. not'expended as hereinabove provided shall be
added to and administered thereafter as part' of the principal.
3. Payments from Principal. If the income from the Trust Estate
be inadequate,, in the opinion of the Trustees, for the perpetual- care, upkeep
- and maintenance of and improvements to the said cemeteries, the Trustees
may, by two-thirds (2/3rds) vote of all of the Trustees,- make. payments
from the principal-for such purposes.
4. Trustees. The Trustees of the Trust herein established
shall be:
0.) - The Mayor Of- the City shall, by virtue of his election
to -said position, serve.as a Trustee during his term as Mayor.
t)) The City Council-shall, prior to the commencement of
each fiscal year of the Trust, appoint one (1) of their menbers '-(.other
than-the Mayor) , who shallserve as. a Trustee during the fiscal.yPar -for
which he or she is nominated. Should the Trusteenominated by the City
Council cease to be.a member of the City. Council, or be elected to the
office Of Mayor at any tine during the-year for which he or she is
nominated, the City Council shall nominate-and appoint one (1) of their
members as a: successor for the balance of the term. .
0. The City Manager of the' City, duly employed from' time
' to time by the City.Council., shall serve as a Trustee during the term of
his employment. -
(1y The Cemetery Board of Governors,. duly appointed by the
City Council pursuant to. Section 6-4 of Chapter VI of the Code of Ordinances
of the _City,. shall, 'prior-to the commencement of each fiscal year of the
Trust,. appoint:two (2) of their members who shall serve as Trustees during
the fiscal year for which 'they are nominated.. Should any Trustee .nominated
by.the Cemetery .Board cease to be.a member of the Cemetery Board at any
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time during the year for-which he or she is nominated, the Cemetery
Board shall nominate and appoint one of their members,as a successor
for the balance of the term.
The Trustees shall. serve in such capacity:without compensation •
or fee for their services as Trustees.
5., Fiscal Year. The fiscal yearof the Trust shall coincide
with the fiscal year of the City, which presently ends September 30th
of each calendar year.
6.- Trustees' Powers. Except as expressly provided.otherwise
herein, the Trustees shall have all of the'powers' granted to trustees
under the laws. of the State .of Florida,. including the Principal and
Income Law; EXCEPT, HOWEVER, as to investment powers, the Trustees shall
be governed by the laws.of the State of- Florida concerning investments
. by municipalities and by the provisions of the Charter of the City
pertaining to investment of the City's funds.
7. - Bond. All Trustees shall, as a condition to their assuming
their position:as..Trustee, give bond for 'the faithful performance of
their duties as Trustee, with corporate surety qualified -to do'business
in the State of Florida,- in an amount at 'least equivalent to the value
of the Trust Estate from-time to time. The cost of the bond shallbe paid
from the Trust Estate as an .expense of-administration. Should the City
be able• to make arrangementsIwith' the City's general' fidelity bond surety -
to include the Trustees in the City's general fidelitybond, such arrange-
• ments shall be deemed to satisfy the bonding requirements of.this paragraph.
8.. •Administration' and Designation of Agents. The administration
record and bookkeeping for the Trust Estate shall be handled by the Finance
Department"of the City without charge tothe Trust. The Trustees may delegate
.one or more of their number to sign bank drafts for approved expenses of the
Trust.
9 Trust to be Perpetual. The Trust herein' established shall be
in perpetuity. and may not be revoked, altered or amended, except by
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a
unanimous consent by the City Council and all of the Trustees of the
Trust Estate.
10. Accountings: Within sixty (60) days- after the end of each
fiscal year of the Trust, the Trustees shall.provide the City with an
accounting of the administration of the Trust during said fiscal year.
The cost of the preparation-of such accounting shall be paid from the
Trust Estate as anexpense of the administration Of the Trust.
11. Limitation of Trustees' Liability, No Trustee of this
Trust shall incur any liability to the City. for acts performed by the
Trustee in good faith and performance of his or her duties as Trustee. -
IN WITNESS WHEREOF, and. pursuant to Resolution 82-
duly adopted by the City Council of the City of Boynton Beach on
1982, this Declaration, of Trust has been executed
in the name of the City of Boynton Beach by the Mayor and attested by the
City Clerk this day of 1982.
CITY OF BOYNTON BEACH,
•
Mayor
ATTEST:
(Official Seal)
City Clerk
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ORDINANCE NO. 098-a4,
II AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART
II, CHAPTER 6, "CEMETERIES" OF THE CODE OF
ORDINANCES OF THE CITY OF BOYNTON BEACH BY
AMENDING SECTION 6-3, THEREBY ABOLISHING THE
BOARD OF TRUSTEES OF THE MUNICIPAL CEMETERY
AND ESTABLISHING A SEPARATE CEMETERY FUND;
AMENDING SECTION 6-5 TO REMOVE ALL REFERENCE
TO TRUSTEES; PROVIDING FOR CONFLICTS,
i I SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the Board of Trustees for the municipal cemetery was created
pursuant to a declaration of trust, and by authority of section 6-3 of the City of
Boynton Beach Code of Ordinances for the purpose of establishing a separate trust
fund for the perpetual care, maintenance and improvement to municipal cemeteries;
and
WHEREAS, pursuant to the Declaration of Trust, the trustees were to include
the Mayor, the City Manager, two members of the Board of Governors, and a fifth
member selected by the other trustees; and
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WHEREAS, the Board of Trustees has not met in recent years and their
j i function, which is to manage and allocate funds for the maintenance and upkeep of
the cemetery, has been adequately handled by the Cemetery Board of Governors
and the Finance Department; and
WHEREAS, the declaration of trust is perpetual and cannot be abolished but
for the power of the City Commission and the unanimous approval by the Board of
Trustees; and
WHEREAS, in the interests of efficiency the City Commission has determined
that the functions and duties of the Board of Trustees of the Municipal Cemetery,
are best performed by the Cemetery Board. of Governors and the Finance
I Department, so as to warrant the abrogation of the Board of Trustees of the
Municipal Cemetery; and
WHEREAS, the City Commission has deemed it to be in the best interests of
the residents of the City to amend Section 6-3 of the City of Boynton Beach Code
of Ordinances, thereby abolishing the Board of Trustees of the Municipal Cemetery,
and transferring their duties to the Cemetery Board of Governors and the Finance ,
1
i ! I
• Director.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Cemetery Board of Trustees is hereby abolished, the
Cemetery Trust is hereby dissolved, and all reference in the City of Boynton Beach
Code of Ordinances to "Cemetery Board of Trustees," not otherwise amended
i I
herein shall be revised to reference the "Cemetery Board of Governors." A copy of
the unanimous approval of the Cemetery Board of Trustees is attached hereto as
Exhibit "A."
Section 2. Part II, Section 6-3 of the City of Boynton Beach Code of
j Ordinances is hereby amended by adding the words and figures in underlined type
It
and deleting the words and figures in strike-through type as follows:
Sec. 6-3 Cemetery fund established; use; investment.
The City of Boynton Beach, Florida, is hereby authorized to establish a
separate trust fund for the perpetual care, upkeep and maintenance of said
-cemeteries and to designate thc trustccs of said trust and to provide that all
j ,
funds derived from the sale of cemetery lots and equipment use charges shall
be paid into said trust fund to be designated as the Boynton Municipal
Cemeteries ccmctcry trust #Fund, and used solely for the perpetual care,
upkeep and maintenance of said cemeteryies. The city is authorized to
transfer and pay over to this separate account the trustccs all funds
heretofore sct acidc pursuant to section 6 3 et Chapter 6 of thc Codc of
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I
Ordinances of thc City of Boynton Beach upon thc establishment of said
trust designated for the perpetual care, upkeep and maintenance of municipal
cemeteries. - : - - - . . - - - • - . - - , - - : - - - - - . . :
trust attached hcrcto as Exhibit "A" and incorporated hcrcin.
Section 2. Part II, Section 6-5 of the City of Boynton Beach Code of
Ordinances is hereby amended by adding the words and figures in underlined type
and deleting the words and figures in strike-through type as follows:
Sec. 6-5 General powers of board.
The board shall have the right to establish rules and regulations for the
management and control of any cemetery, including mausoleums, owned and
operated by the city, and for the conduct of the board's business, not
inconsistent, however, with the provisions of this article, and in addition
thereto, shall comply with, abide by and enforce the provisions and
conditions of this article to the extent that monies are made available to the
trustees for the necessary perpetual care, upkeep, maintenance and
-improvements to the municipal cemeteryies trust established pursuant to
section 6-3 hereof.
Section 3. Each and every other provision of Chapter 6 not herein
specifically amended shall remain in full force and effect as previously enacted.
Section 4. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 5. Should any section or .provision of this ordinance or portion
3
hereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the remainder of this
ordinance.
Section 6. Authority is hereby granted to codify said ordinance.
• Section 7. This ordinance shall become effective immediately upon
passage, provided the existing members of the Board of Trustees have convened
and unanimously approved, in writing, the abrogation of the Board of Trustees.
FIRST READING this 7 day of , 1998.
SECOND, FINAL READING AND PASSAGE this f/ day of •71-1-GV , 1998.
CITY OF BOYNTON BEACH, FLORIDA
vT/
Mayor
,Vice M .yor / 3
ayor Pro Tern
Ad, il� /
ATTEST: Co issioner
latic(A ) 5(..„ita
Cit\\qpnlantio1/4 Commissioner
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