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RESOLUTION NO~04- ]Itek
A RESOLUTION OF TI-IE CITY
BEACH, FLORIDA, AMENDING
THE CEMETERY RULES &
REGARDING FLOWERS AT THE
OF BOYNTON
RULE #18, OF
REGULATIONS
MAUSOLEUM;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and
Regulations and does hereby recommend an amendment to Rule #18, regarding
flowers/plants at the mausoleum; and
WHEREAS, upon recommendation from the Cemetery Board, the City
Commission has determined that Rule #18, shall be deleted in its entirety, and a new Rule
#18 shall be created to set forth proper procedure for placement of flowers/plants at the
Mausoleum;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. Each Whereas clause set forth above is hereby ratified as being true
and correct and incorporated herein by this reference;
Section 2. The City Commission of the City of Boynton Beach, Florida,
amends Rule #18 of the Rules and Regulations of the Cemetery Boards by deleting the
current Rule in its entirety and by creating a new Rule #18, to read as follows:
18. No artificial flowers, except silk flowers~ are permitted in or around
Mausoleum buildings. All flowers must be placed in front of or near a
particular crypt or niche and fresh flowers can remain for a maximum
period of three (3) days. One (1) vase per crypt/niche will be allowed.
Flowers must be in a container that has a solid base so that it will easily stand
erect. Employees will~ for maintenance purposes~ move and replace these
items with care~ but the City does not accept responsibility for replacing
broken items unless there is a clear neglieence on the part of the City
employee(s). After the third day, or in the case of silk flowers, when the
Cemetery Manager determines that the flowers have become unsightly, said
flowers and holder shall be removed and disposed of in a manner acceptable
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to the Cemetery Manager.
No potted plants containing soil~ perlite~ or other loose materials are
permitted in chapels or walkways in the Mausoleum. (Note. City employees
may remove any item placed on a crypt/niche site that becomes untidy or
unsightly, in the sole and absolute discretion of the City).
Section 3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this o~O day of July, 2004.
ATTEST:
CITY OF FLORIDA
k\CA\RESO~,dministrative\Cemetery R&R - Flowers - Rule 18.doc
NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES
Rules and Regulations Amended April 20, 2004
GENERAL
Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer,
assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of
the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No
transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with
the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No
disinterment shall be allowed except by the consent of the Board of Governors and upon written
request of the owner or owners of the lot and in every case shall only be made by the proper
authorities.
(NOTE: Authorized disinterment and shipment of body may be made only by a licensed funeral
director licensed in Florida to another licensed funeral director at terminal point.)
The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style
of their improvements at the cemetery; but in justice to the interest of the whole and all cemetery lot
owners, it reserves to itself the right of preventing or removing any erection, enclosure, monument,
inscription, tree or shrub which is inconsistent with the purpose of these rules and which the City
considers injurious to the grounds. Under no circumstances will lots be allowed to have on them
growing or live plants, trees, or bushes directly planted in the ground and such will be removed by City
employees.
In addition to the grave marker, there will be a limit of three items placed on a grave site. In general,
these three items can be those chosen by the owner, but must be able to be moved with one hand
and flowers must be in a container that has a solid base so that it will easily stand erect or in a
container with a point on the bottom that is easily stuck into the ground. These items must be
tastefully placed at gravesites. Employees will, for cemetery maintenance purposes, move and
replace these items with care, but the City does not accept responsibility for replacing broken items
unless there is a clear negligence on the part of the City employees.
(NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly
to the appearance of the Cemetery.)
All lot enclosures of any kind whatever are prohibited. Comer stones properly numbered and set flush
with the surface of the ground will be allowed. No brickwork will be allowed above ground level in any
portion of the cemeteries. No mounds are permitted over graves. The grade of all lots will be
determined by the Board of Governors.
No person shall be allowed to perform any modification or construction on a lot without a permit from
the City. No money should be paid to any person in the employ of the City for services or attention,
other than their salaries and wages paid by the City.
To protect the grounds and especially improved lots from injury, all excavations shall be made by the
City.
All permanent grave markers must be ground level, of bronze, marble or granite material and placed
on a six (6) inch concrete base, subject to proper permit and fees.
All temporary grave markers will be allowed for a period of six months from date of burial. Temporary
markers will be removed by cemetery workers after that time.
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All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery.
No wooden boxes may be used for interment. Casket must be encased in a solid container - concrete
container or vault.
The Board of Governors from time to time may initiate and recommend the laying out, altering, or
closing of such avenues or walks and make such rules and regulations for the government and
improvement of the cemetery as it may deem requisite and proper, subject to City Commission
approval.
No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all
accounts relating thereto and due the City are paid.
Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent.
The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the
grounds.
On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial
services at the cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk.
MAUSOLEUM
Mausoleum Crypts or Niches - Prior to interment, an owner may transfer or resell the mausoleum
crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and
Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new
purchaser's name, address and phone number are on file with the City Clerk and an administrative
fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton Beach
Mausoleum, Inc.
After interment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a
cost of 50% of the original purchase price paid for the crypt or niche and provided that disinterment
has occurred and implemented by the proper authorities. The City may not offer these crypts or
niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc.
No disinterment shall be allowed except by the consent of the Board of Governors following written
request by the owner or owners of the crypt/niche and in every case shall only be made by the proper
authorities.
(NOTE: Authorized disinterment and shipment of body or remains may be made only by a licensed
funeral director licensed in Florida to another licensed funeral director at terminal point.)
The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or
shrub.
In addition to the bronze letters, there will be a limit of two emblems allowed per crypt/niche. These
bronze letters and emblems may be obtained from Boynton Beach Mausoleum, Inc., who is the City's
exclusive sales agent, and shall be installed by the City of Boynton Beach.
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No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers
must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a
maximum period of three (3) days. One (1) vas per crypt/niche will be allowed. Flowers must be in a
container that has a solid base so that it will easily stand erect. Employees will, for maintenance
purposes, move and replace these items with care, but the City does not accept responsibility for
replacing broken items unless there is a clear negligence on the part of the City employees. After the
third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have
become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable to
the Cemetery Manager."
"No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walk'ways
in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche site that
becomes untidy or unsightly, in the sole and absolute discretion of the City."
No person shall be allowed to perform any modification on anything without written permission from
the City. No money should be paid to any person in the employ of the City for services or attention,
other than their salaries and wages paid by the City.
All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum, Inc.
Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a
certificate of ownership within 30 days which shall include the purchaser's complete name, address
and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City
shall issue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no
fee for issuance for the certificate of ownership.
Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold
to the City within 30 days of the sale. There shall be no requirement for an annual audit.
Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum Chapel
on Memorial Day.
The Board of Governors from time to time may recommend the altering of the Rules and Regulations
for the government and improvement of the mausoleum as it may deem requisite and proper, subject
to City Commission approval. At any time the Board of Governors proposes amending or altedng the
Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by
certified mail return receipt requested of the proposed changes, at the same time any City
Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given
forty-fn/e (45) days from the date it receives notice of intended action by the Board of Governors prior
to any City Commission action being taken. All Rules and Regulations shall be applied prospectively
from the date of adoption. No Rule or Regulation shall be construed in a manner which would negate
or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase
agreement with Boynton Beach Mausoleum, Inc. or any contractual fight between the City of Boynton
Beach and Boynton Beach Mausoleum, Inc.
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As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in
the Mausoleum must be embalmed. On previously purchased crypts, if a person does not
wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be
placed under the casket on all entombments in the Mausoleum, whether the bodies are
embalmed or not. The funeral home will bear the cost of the Ziegler cases and plastic trays,
but will pass that cost on to the purchaser.
Revised 6/29/2004 12::t2:32 PM
Resolutions No,
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