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O83-09ORDINANCE NO. 83-9 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ~4ENDING CHAPTER 6, SEC. 6.3, SEC. 6.4 AND SEC. 6.5 OF THE CODE OF THE CITY OF BOYNTON BEACH TO PROVIDE FOR THE ESTABLISH- MENT OF A SEPARATE PERPETUAL TRUST FUND FOR THE CARE, UPKEEP AND b~IN- TENANCE OF MUNICIPAL CEMETERIES; TO TRANSFER ALL FUNDS HERETOFORE SET ASIDE PURSUANT TO SEC. 6.3 OF CHAPTER 6 TO SAID TRUST; TO CHANGE THE TERM OF OFFICE OF THE BOARD OF GOVErnORS OF THE MUNICIPAL CEMETERY; A/~D TO ESTABLISH THE SPECIFIC FO~-~ OF THE DECLARATION OF TRUST TO PROVIDE'FOR THE PER- PETUAL CARE, OPERATION AND MAIN- TENAaNCE OF THE MUNICIPAL CEMETERIES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTi~R PURPOSES. WHEREAS, the City operates municipal cemeteries within the City limits of the City more particularly described in Chapter 6, Code of Ordinances for the City of Boynton Beach; and t~{EREAS, Section 6-3 of Chapter 6 of the Code of Ordinances for the City of Boynton Beach provides for the establishment of a separate fund for the perpetual care, upkeep and maintenance of said cemeteries; and WHEREAS, the City, as ~Grantor, pursuant to said Ordinance wishes to permanent set said funds aside for such purposes under the terms and conditions hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 6.3 of Chapter 6 is amended as follows: Sec. 6.3 Cemetery fund established; use, investment. The City of Boynton Beach, Florida~ is hereby authorized to establish a separate Trust Fund for the perpetual care, upkeep and maintenance of said cemeteries and to designate the Trustees of said Trust and to provide that all funds derived from the sale of cemetery lots shall be paid into said Trust Fund to be designated as the Cemetery Trust Fund, and used for the perpetual care, upkeep and maintenance of said cemetery. $~e~_~r-e~-pe~e~-~e~ee~r-may-~em-~me-~e-~me~-a~ s~ie~eR~-be-~epesi~e~-im-~e~e~a~-sav~mgs-aR~-~eaR-assee~a~ieR aeee~R~s-aR~-~$me-~epes~s?-see~e~-i~-aeee~aRee-wh~h-~aw~-e~ ~es~e~-i~-URi~e~-$~a~es-6e~e~me~-see~i~ies. The City is authorized to transfer and pay over to the Trustees all funds heretofore set aside pursuant to Section 6-3 of Chapter 6 of the Code of Ordinances of the City of Boynton Beach upon the establishment of said Trust. Said Trust is hereby established according to the Declaration of TrUst 'attached hereto as Exhibit "A" and incorporated herein. Section 2~ That Sec. 6.4 of Chapter 6 is amended as follows: Sec. 6.4. Board of governors created; composition; terms; quorum. There is hereby created and established a board of governors of the municipal cemetery, which shall consist of the city clerk, five (5) other persons and one alternate, w~s ~he-Bea~d.-shatt-eems~f~e-a-g~e~m. Two (2) appointments and the alternate shall be appointed to serve for a term of one (1) year from the date of appointment. Two appointments shall be ,ointed to serve terms of two (2) years from the date of appointment, and one (1) appointment shall be made to serve a term of three (3) years from the date of appointment. Section 3. That Sec. 6.5 of Chapter 6 is amended as follows: Sec. 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 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 {mprovements to the municipal cemetery by the Trustees of the 'cemet'ery trust established pursuant to Sec. 6.3 hereof. heweve~-~ha~-~he-Bea~shatt-have-me-~fgh~v-pewe~-e~-a~he~f~Y ~e-eem~ae~-~e~-e~pea~es~-e~-~e-e~pea~-a~y-me~ey-e~ee'p~ fnsefa~-as-pe~mfssfen-~e-de-se'shatt-haYe-beea-g~aa~ed-bY-m~fea e~-~eset~fea-e~-~he-efay-ee~aeft. SeCtion 4. The remaining provisions of Chapter 6 which do not conflict with the provisions hereof are hereby ratified and - 2 - reaffirmed. Section 5. That all ordinances or parts of ordinances in con- flict herewith are hereby repealed° Section 6. That should any section or provision of this Ordinance or any portion hereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. That this Ordinance shall be effective immediately upon its passage~ Section 8. That authority is hereby granted to codify this Ordinance. FIRST READING this SECOND READING and FINAL PASSAGE this ~ day of 1983. ATTEST: City C~k (Corp. Seal) - 3 - DECLARATION OF TRUST THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, heremnafter referred to as the "CITY", does, by these presents, establish a Trust as hereinafter provided. WHEREAS, the City operates municipal cemeteries within the City limits of the City, more particularly described in Chapter 6, Code of Ordinances for the City of Boynton Beach; and WHEREAS, Section 6-3 of Chapter 6 of the Code of Ordinances for the City of Boynton Beach provides for the establish- ment of a separate fund for the perpetual care, upkeep and maintenance of said cemeteries; and WHEREAS, the City, as Grantor, pursuant to said Ordinance, wishes to permanently set said funds aside for such purposes under the terms and conditions hereinafter provided. NOW, THEREFORE, be it known that the City does by these Presents establish a Trust as fo 1. Trust Estate. The grant, transfer and pay over to designated, all funds heretofore of Chapter 6 of the Code of Ord± which shall hereinafter be refer to be held, invested, reinvested for the uses and purposes, and u hereinafter provided. 2. Payments from Inco net income derived from the Trus shall determine from time to tim for the perpetual care, upkeep a to the municipal cemeteries oper Should the principal o sum of $2,000,000 and, if at the there is income which is unexpen Trustees believe would be unnece during the forthcoming fiscal ye discretion, by two-thirds (2/3rd EXHI~ [lows: City does simultaneously herewith ~he Trustees, hereinafter set aside pUrsuant to Section 6-3 5ances of the City of Boynton Beach, ~ed to as the Trust Estate, IN TRUST, and administered by the Trustees ader the provisions and conditions as ae. The Trustees shall pay from the t Estate such amounts as the Trustees e to be necessary, proper and prudent nd maintenance of and improvements ated and maintained by the City. f the Trust Estate ever exceed the end of the fiscal year of the Trust, ded and uncommitted which the ssary for use for TruSt purposes ar, the Trustees may, in their sole s) vote of the Trustees pay such IT "A ' ~urplus income to the City to be added to its general funds and expended for general municipal purposes within the discretion of the City Council. Any net income not expended as hereinabove provided shall be added to and administered thereafter as part of the principal~ 3~ Payments from Principal. If the income from the Trust Estate be inadequate, in the opinion of the Trustees, for the perpetual care, upkeep and maintenance of and improvements to the said cemeteries, the Trustees may, by two-thirds (2/3rds) vote of all of the Trustees, make payments from the principal for such purposes° 4. Trustees~ The Trustees of the Trust herein established shall be: (a) The Mayor of the City shall, by virtue of his election to said position, serve as a Trustee during his term as Mayor. (b) The City Manager of the City, duly employed from time to time by the City Council, shall serve as a Trustee during the term of his employment° (c) The Cemetery Board of Governors, duly appointed by the City Council pursuant to Section 6-4 of Chapter VI of the Code of Ordinances of the City, shall appoint two (2) of their members to serve as Trusteese One appointment shall be for a period of one (1) year, and one (1) appointment shall be for a period of two (2) years~ The term shall coincide with the fiscal year of the Trust~ The four (4) Trustees appointed hereby shall by majority vote choose a fifth member to serve for a term of two (2) years~ Should any Trustee nominated by the Cemetery Board cease to be a member of the Cemetery Board at any time during the year for which he or she is nominated, the Cemetery Board shall nominate and appoint one of their members a a successor for the balance of the term. The Trustees shall serve in such capacity without compen- sation or fee for their services as Trustees~ 5~ Fiscal Year° The fiscal year of the Trust shall coincide with the fiscal year of the City, which presently ends September 30th of each calendar year~ 6~ Trustees' POwers~ Except as expressly provided otherwise herein, the Trustees shall have all of the powers granted to trustees under the laws of the State of Florida, including - 2 - the Principal and Income Law; EXCEPT, HOWEVER, as to investment powers, the Trustees shall be governed by the laws of the State of Florida concerning investments by municipalities and by the -provisions of the Charter of the City pertaining to investment of the City's funds. 7o Bond. Ail Trustees shall, as a condition to their assuming their position as Trustee, give bond for the faithful performance of their duties as Trustee, with corporate surety qualified to do business in the State of Florida, in an amount at lease equivalent to the value of the Truste Estate from time to time° The cost of the bond shall be paid from the Trust Estate as an expense of administration. Should the City be able to make arrangements with the City's general fidelity bond surety to include the Trustees in the City's general fidelity bond, such arrangements shall be deemed to satisfy the bonding requirements of this paragraph. 8. A~dministration and Designation Of ~gents. The adminis- tration record and bookkeeping for the Trust Estate shall be handled by the Finance Department of the City without charge to the Trust. The Trustees may delegate one or more of their number to sign bank drafts for approved expenses of the Trust. 9e TruSt to be PerpetUal. The Trust herein established shall be in perpetuity and may not be revoked, altered or amended, except by unanimous consent by the City Council and all of the Trustees of the Trust Estate. I0~ Accountingse Within sixty (60) days after the end of each fiscal year of the Trust, the Trustees shall provide the City with an accounting of the administration of the Trust during said fiscal year~ The cost of the preparation of such accounting shall be paid from the Trust Estate as an expense of the administration of the Truste 11. Limitation of Trustees' Liabili't~. No Trustee of this Trust shall incur any liability, to the City for acts performed by the Trustee in good faith and performance of his or her duties as Trustee. IN WITNESS WHEREOF, and pursuant to Ordinance 8329 - 3 - duly adopted by the City Council of the City of Boynton Beach on April 4, 198R, this Declaration of Trust has been executed in the name of the City of Boynton Beach by the Mayor and attested by the City Clerk this _~day of ~ 1983. CITY OF BOYNTON BEACH ATTEST: ~i~Y ~]~rk (Official Seal) - 4 -