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