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BOYNTON.6 Chapter 6 CEMETERIES Sec. 6 - 1. Described. Sec. 6 - 4. Board of governors created; composition; terms; quorum. The following shall be the cemeteries of the city: There is hereby created and established a board MUNICIPAL CEMETERY, CITY OF of governors of the municipal cemetery which will BOYNTON BEACH: Blocks A thru G (excluding consist of the city clerk, and Tereesa Padgett who is Block A), Official Plat Book #21, Page 84. hereby appointed to serve o n said board for life. In addition, the board shall consist of four (4) other BOYNTON BEACH M EMORIAL PARK: persons and one (1) alternate, all five (5) of whom Blocks H thru M, Official Plat Book #27, Page 186. shall be residents and electors of the city. Two (2) members, of these four (4), shall serve for a term of BOYNTON BEACH MEMORIAL PARK, one (1) year from t he date of appointment; one (1) ADDITION #1: Blocks N thru Y (excluding Q, U, X member shall serve for a term of two (2) years from and Z), Official Plat Book #30, Pages 154 and 155, the date of appointment; one (1) member shall serve and the BOYNTON BEACH MAUSOLEUM: Replat for a term of three (3) years from the date of of Driveways 2, 3, 5 and 6, Municipal Cemetery. appointment. The alternate shall be appointed for a Official Plat Book #44, Page 46. one - year term. Vacanc ies, not including the alternate, created after expiration of these terms shall be filled SARA SIMS MEMORIAL GARDENS: Official by appointments of three (3) years. Plat Book #26, Page 84. (Code 1958, § 16 - 17; Ord. No. 80 - 6, § 1, 2 - 19 - 80; (Ord. No. 94 - 49, § 1, 11 - 1 - 94) Ord. No. 83 - 9, § 2, 4 - 4 - 83; Ord. No. 83 - 14, § 1, 5 - 3 - 83; Ord. No. 83 - 22, § 1, 6 - 7 - 83; Ord. No. 85 - 32, § 1, 4 - 16 - 85) Sec. 6 - 2. Applicability. Cross reference - Minimum qualifications for serving on boards, etc., § 2 - 16. Except as otherwise provided, the provisions of this chapter shall apply to all cemeteries of the city. (Code 1958, § 6 - 1) Sec. 6 - 5. General powers of board. The board shall periodically review and make Sec. 6 - 3. Cemetery fund established; use, recommendations to the City Manager on rules and investment. regulation s for the management and control of any cemetery, including mausoleums, owned and The City of Boynton Beach, Florida, is hereby operated by the city, and for the conduct of the authorized to establish a separate fund for the board's business. The powers of the board shall be perpetual care, upkeep and maintenance of said consistent with the provisions of the Charter and ceme teries and to provide that all funds derived from Section 2 - 30 of this cod e. the sale of cemetery lots and equipment use charges (Code 1958, § 16 - 17; Ord. No. 83 - 9, § 3, 4 - 4 - 83; Ord. shall be paid into said fund to be designated as the No. 94 - 49, § 2, 11 - 1 - 94; Ord. 98 - 22, § 2, 7 - 21 - 98; Boynton Municipal Cemeteries Fund, and used solely Ord. No. 02 - 044, § 1, 8 - 20 - 02) for the perpetual care, upkeep and maintenance of said cemeteries. The city is authorized to transfer and pay over to this separate account all funds designated for the perpetual care, upkeep and maintenance of municipal cemeteries. (Code 1958, § 6 - 16; Ord. No. 83 - 9, § 1, 4 - 4 - 83; Ord. No. 98 - 22, § 1, 7 - 21 - 98) 2002 S - 18 1 Boynton Beach Code 2 Sec. 6 - 6. Clerk of board. Sec. 6 - 11. Council to provide for lot sales, prices, fees. The city clerk shall continue to serve on the board so long as he shall remain clerk, and shall have (a) The city council shall from time to time by all the powers of any other member of said board, resolution, provide for the sale of cemetery lots, fix and in addition thereto shall act as clerk thereof. the price to be charged therefor, and the terms and (Code 1958, § 6 - 17) conditions of such sales, and provide for the conveyance of such lots, and shall fix the schedule of fees to be charged for permits, burials, and other Sec 6 - 7. Records, reports of board. services. (Code 1958, § 6 - 3) The board shall keep an accurate r ecord of all (b) All sales of interment rights in mausol eum receipts and expenditures, and shall from time to crypts or niches shall be originated by Boynton Beach time, as requested by the city council, make an Mausoleum, Inc., who is the city's sole agent for itemized detailed report showing the financial sales within the mausoleum until the end of the condition as the same pertains to the cemetery, contract term, which is October 20, 2008. (Ord. No. including any and all other matters which may be 96 - 24, § 1, 4 - 2 - 96) r equested of the council. (Code 1958, § 6 - 17) Sec. 6 - 12. Issuance of d eeds. Sec. 6 - 8. General regulatory authority of The mayor and the city clerk shall have full board. power and authority to issue a deed or deeds for the sale of lots in a cemetery, and crypts and niches in the The board of governors may from time to time mausoleum when the provisions of this chapter have make such rules and regulations for the government been complied with by the purchasers there of, and and improvement of the cemetery as they may deem they have complied in all respects with the rules and requisite and proper in order to secure and promote regulations established by the board of governors. its general objects and benefits. (Code 1958, § 6 - 18; Ord. No. 94 - 49, § 3, 11 - 1 - 94) (Code 1958, § 6 - 12) Sec. 6 - 13. Conveyances and burials prohibited Sec. 6 - 9. General appearance regulated by until settlement of debts due city. board of governors. No p urchaser of a cemetery lot shall be entitled The city council, through the board of governors to a deed to any lot until all accounts relating thereto created by this chapter, in justice to the interest of the and due the city are paid and no owner or proprietor whole, reserves to itself the right of preventing the removal or the right to remove any erection, enclosure, monument, inscription, tree or shrub on a cemetery which it shall consider injurious to the immediate locality or prejudicial to the general good appearance of the grounds. (Code 1958, § 6 - 6) 1998 S - 9 Cemeteries 3 of any lot or lots shall have the right to bury in his said lot or lots without first having paid any and all accumulated by the owner or owners of a lot or lots or arrearages due the city therefor or for anything other workmen must be carefully removed as soon as relating thereto. (Code 1958, § 6 - 13) possible and deposited at such place as the board of governors may direct. (Code 1958, § 6 - 10) Sec. 6 - 14. Lot enclosures, cornerstones, brickwork, grading, spacing, etc.; regulations governing. Sec. 6 - 17. “For sale” signs prohibited. All cemetery l ot enclosures of any kind No sign or other device indicating that a whatever are hereby prohibited. Cornerstones cemetery lot or vault is “For Sale” shall be permitted properly numbered and set flush with the surface of in or on the cemetery grounds. (Code 1958, § 6 - 11) the ground shall be allowed. No brickwork shall be allowed above the ground level in any portion of the cemetery. No mounds are permi tted over any grave Sec. 6 - 18. Transfer of lots. or graves. The grade of all lots shall be determined by the board of governors. A space of not less than (a) Cemetery lots. The owner or owners of eighteen (18) inches shall be reserved on sides of cemetery lots shall not allow inte rments made in their abutting lots so that the graves shall not be lots for remuneration, nor shall any transfer, contiguous. All workmen employed i n the assignment, or conveyance of any lot so owned, or of construction of vaults, erection of monuments, or any interest therein, be valid without the owner other work, shall be subject to and under the control thereof first having secured the written consent of the and direction of the board of governors. board of governors to make suc h transfer, assignment, (Code 1958, § 6 - 7) or conveyance, and such written consent must be endorsed upon such transfer, assignment, or conveyance. Provided, however, that no transfer, Sec. 6 - 15. Excavations to be by city at owner's assignment or conveyance of any lot or of any interest expense. therein can be made after an actual interment in it, except with the consent of the board of governors and To protect the cemeter y grounds, and especially the board of governors cannot grant such consent to protect the improved portions and lots therein from until after the body or bodies first therein interred injury, all excavations shall be made by the city at the shall be lawfully removed therefrom. The board of expense of the owners, under the jurisdiction and governors may adopt procedures , not inconsistent control of the board of governors. with this section, for processing and approving (Code 1958, § 6 - 9) requests for transfers. (b) Mausoleum crypts or niches. Sec. 6 - 16. H eadstones and vaults; removal of earth or rubbish. (1) Prior to interment, an owner may transfer or Cemetery lot owners may place headstones on burial plots but all such headstones or monuments shall be flush with the ground. No vault shall be built without the permission in writing of the board of governors. All parts of vaults above ground shall be of marble, granite, cut stone, or cement stone or blocks, and in any event shall be of such strength, construction, and character as may be approved by the board of governors. All earth or r ubbish m a u s o l e u m c r y p t o r n i c h e p r o v i d e d t h e o w n e r f i r s t o b o r s a n d B o y n t o n B e a c h M a u s o l e u m , I n c . S u c h c o n s e n t s h h a s e r ' s n a m e , a d d r e s s a n d p h o n e n u m b e r a r e o n f i l e w i t h e c o s t o f r e l e t t e r i n g t h e m a u s o l e u m c r y p t o r Boynton Beach Code 4 (2) After interment, resale or transfer of at a cost of 50% of the original purchase ownership shall be allowed only to the city price paid f or the crypt or niche and provided that disinterment has occurred and is implemented by the proper authorities. The city may not offer these crypts or niches for sale until the end of the contract term (October 20, 2008) with Boynton Beach Mausoleum, Inc. (Code 1958, § 6 - 5; Ord. No. 94 - 49, § 4, 11 - 1 - 94; Ord. No. 96 - 24, § 2, 4 - 2 - 96; Ord. No. 98 - 14, § 1, 5 - 5 - 98; Ord. No. 01 - 65, § 1, 1 - 2 - 02) Sec. 6 - 19. Disinterments. No disinterment of any lot, crypt or niche shall be allowed except by the consent of the Cemetery Board of Governors following written request by the owner or owners and in every case shall be made by the proper authorities. Provided, however, that any lawfully constituted authority may, with proper court order, disinter any body for the purp oses of investigating a crime. (Code 1958, § 6 - 5) (Ord. No. 96 - 24, § 3, 4 - 2 - 96; Ord. No. 98 - 41, § 1, 10 - 6 - 98)