Loading...
O94-49ORDINANCE NO. O94-/,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 6. CEMETERIES; PROVIDING FOR AMENDMENT TO SECTION 6.1 AND INCLUSION OF THE BOYNTON BEACH MAUSOLEUM AS ONE OF THE DESCRIBED CEMETERIES OF THE CITY; PROVIDING FOR AMENDMENT OF SECTION 6.5 WHICH PROVIDES THE POWERS OF THE CEMETERY BOARD; PROVIDING FOR AMENDMENT SECTION 6-12 REGARDING ISSUANCE OF DEEDS FOR CEMETERY LOTS AND CRYPTS AND NICHES IN THE MAUSOLEUM; PROVIDING FOR AMENDMENT TO SECTION 6-18 REGARDING TRANSFER OF LOTS, CRYPTS AND NICHES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has reviewed the recommendation of the Cemetery Board, the City administration, and the City Attorney with respect, to updating and clarifying certain provisions of Chapter 6, Cemeteries; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. That Section 6-1 of the Code of Ordinances of the City of Boynton Beach is hereby amended by adding the words and figures in underlined type, as follows: 6-1 Described. MUNICIPAL CEMETERY, CITY OF BOYNTON BEACH: Blocks A thru G (excluding Block A), Official Plat Book #21, Page 84. BOYNTON BEACH MEMORIAL PARK: Blocks H thru M, Official Plat Book #27, Page 186. BOYNTON BEACH MEMORIAL PARK, ADDITION #1: Blocks N thru Y (excluding Q, U, X and Z), Official Plat Book #30, Pages 154 and 155, and THE BOYNTON BEACH MAUSOLEUM Replat of Driveways 2,3,5 & 6, Municipal Cemetery, Official Plat Book #44, Page 46. SARA SIMMS MEMORIAL GARDENS: Official Plat Book #26, Page 84. That Section 6-5 of the Code of Ordinances of the City of Boynton Beach is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: 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 cemetery by the trustees of the cemetery trust fund established pursuant to section 6-3 hereof. Section 3. That Section 6-12. of the Code of Ordinances of the City of Boynton Beach is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 6-12. Issuance of Deeds. The mayor and city clerk shall have full power and authority to issue a deed or deeds for the sale of lots in a cemetery, and crypts and niches in the mausoleum when the proviSions of this chapter have been complied with by the purchasers thereof, and they have complied in all respects with the rules and regulations established by the board of governors. Section 4. That Section 6-18. of the Code of Ordinances of the City of Boynton Beach is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: SectiOn 6-18. Transfer of lots. The owner or owners of cemetery lots or mausoleums, crypts or niches shall not allow interments made in their lots for remuneration, nor shall any transfer, assignment, or conveyance of any lot, mausoleum, cry. pt or niche so owned, or of any interest therein, be valid without the owner thereof first having secured the written consent of the city Cou,-,,~i; commission to make such transfer, assignment, or conveyance, and such written consent must be endorsed upon such transfer, assignment, or conveyance. Provided, however, that no transfer, assignment, or conveyance of any lot, mausoleum, cry. pt or niche or of any interest therein can be made after an actual interment in it, except with the consent of the city coandt- commission and the city coancff commission cannot grant such consent until after the body or bodies first therein interred shall be lawfully removed therefrom. The City Commission may. by Resolution. adopt procedures for processing and approving requests for transfers. Such procedures may include establishing a option to repurchase by the City's sales agent/vendor, All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Should any section or provision of this ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 7. Authority is hereby given to codify this Ordinance. This ordinance shall become effective immediately upon passage. FIRST READING this ?,~ day of October, 1994. SECOND READING AND FINAL PASSAGE this day of ~ F,) 1994. CITY O)F B~O~.~TON BEACH, FLORIDA Mayor May~rPr e C~ ~' ATTEST: Cemetery. Amd 10/11/94