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O96-24ORDINANCE NO. 096-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 6, CEMETERIES, BY AMENDING SECTION 6-11 REGULATING SALES ON THE BOYNTON BEACH MAUSOLEUM; AMENDING 6-18, REGARDING TRANSFERS AND RESALES OF LOTS, CRYPTS OR NICHES; AMENDING SECTION 6-19 DISINTERMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in the best interests of the citizens and residents of the City to amend the Code of Ordinances of the City of Boynton Beach to reflect changes to specific sections of Chapter 6; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Section 6-11 of the Code of Ordinances of the City of Boynton Beach is hereby amended by the addition of a new subparagraph to be entitled (b) and to read as follows: (b) All sales of interment riohts in mausoleum cry_ pts or niches shall be originated by Boynton Beach Mausoleum, Inc., who is the City's sole agent for sales within the mausoleum until the end of the contract term, which is October 20, 2008. Section 2. That Section 6-18 of the code of Ordinances is hereby deleted in its entirety and a new Section 6-18 is hereby created as follows: Section 6-18. Transfer of Lots. (a) Cemetery Lots The owner or owners of cemetery, lots shall not allow interments made in their lots for remuneration, nor shall any transfer, assignment, or conveyance of any lot So owned, or of any interest therein, be valid without the owner thereof first having secured the written consent of the city. 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 or of any interest therein can be made after an actual interment in it, except with the consent of the city commission and the city 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. (b) Mausoleum cry_ pts or niches. Prior to interment, an owner may transfer or resell the mausoleum cry. pt 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 eaue! 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 80% of the original purchase price paid for 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 Bovnton Beach Mausoleum, Inc. Section 3. That Section 6-19 Disenterments is hereby deleted in its entirety and a new Section 6-19 is hereby created, as follows: Sec. 6-19. Disenterments. No disinterment of any lot, cry_pt or niche shall be allowed except by the consent of the City_ of Boynton Beach 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, disenter any body for the purposes of investigating a crime. SeCtion 4. All other provisions of Chapter 6 not specifically amended herein shall remain in full force and effect. Section 5 Should any section or provision of this Ordinance of 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 6 Authority is hereby given to codify this Ordinance. Section 7 This Ordinance shall become effective immediately upon passage. FIRST READING this 19th day of March, 1996. SECOND, FINAL READING AND PASSAGE this ,~ day of April, 1996. CITY OF BOYNTON BEACH, FLORIDA C o/mmis s ioner ATTEST: City~31erk CelT~tery. Rev 3713/96 Commissioner Com~sionar