O98-22ORDINANCE NO. O98-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART
II, CHAPTER 6, "CEMETERIES" OF THE CODE OF
ORDINANCES OF THE CITY OF BOYNTON BEACH BY
AMENDING SECTION 6-3, THEREBY ABOLISHING THE
BOARD OF TRUSTEES OF THE MUNICIPAL CEMETERY
AND ESTABLISHING A SEPARATE CEMETERY FUND;
AMENDING SECTION 6-5 TO REMOVE ALL REFERENCE
TO TRUSTEES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the Board of Trustees for the municipal cemetery was created
pursuant to a declaration of trust and by authority of section 6-3 of the City of
Boynton Beach Code of Ordinances for the purpose of establishing a separate trust
fund for the perpetual care, maintenance and improvement to municipal cemeteries;
and
WHEREAS, pursuant to 'the Declaration of Trust, the trustees were to include
the Mayor, the City Manager, two members of the Board of Governors, and a fifth
member selected by the other trustees; and
WHEREAS, the Board of Trustees has not met in recent years and their
function, which is to manage and allocate funds for the maintenance and upkeep of
the cemetery, has been adequately handled by the Cemetery Board of Governors
and the Finance Department; and
WHEREAS, the declaration of trust is perpetual and cannot be abolished but
for the power of the City Commission and the unanimous approval by the Board of
Trustees; and
WHEREAS, in the interests of efficiency the City Commission has determined
that the functions and duties of the Board of Trustees of the Municipal Cemetery,
are best performed by the Cemetery Board of Governors and the Finance
Department, so as to warrant the abrogation of the Board of Trustees of the
Municipal Cemetery; and
WHEREAS, the City Commission has deemed it to be in the best interests of
the residents of the City to amend Section 6-3 of the City of Boynton Beach Code
of Ordinances, thereby abolishing the Board of Trustees of the Municipal Cemetery,
and transferring their duties to the Cemetery Board of Governors and the Finance
Director.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Cemetery Board of Trustees is hereby abolished, the
Cemetery Trust is hereby dissolved, and all reference in the City of Boynton Beach
Code of Ordinances to "Cemetery Board of Trustees," not otherwise amended
herein shall be revised to reference the "Cemetery Board of Governors." A copy of
the unanimous approval of the Cemetery Board of Trustees is attached hereto as
Exhibit " A. "
Section 2. Part II, Section 6-3 of the City of Boynton Beach Code of
Ordinances is hereby amended by adding the words and figures in underlined type
and deleting the words and figures in strike-through type as follows:
Sec. 6-3 Cemetery fund established; use; investment.
The City of Boynton Beach, Florida, is hereby authorized to establish a
separate ~ru3t fund for the perpetual care, upkeep and maintenance of said
cemeteries ~-" +^ "~:~+~ ~ + .... + .... ~ -~;'~ + ..... d to provide that all
funds derived from the sale of cemetery lots and equipment use char.qes shall
be paid into said tr'~;t fund to be designated as the Boynton Municipal
Cemeteries ~,mc~crF ~r'd~ ~Fund, and used solely for the perpetual care,
upkeep and maintenance of said cemeter¥ies. The city is authorized to
transfer and pay over to this separate account ~ ~;~3~c~3 all funds
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ti"d3t desi.clnated for the perpetual care, upkeep and maintenance of municipal
cemeteries o~:~ + .... + :~ ~-~ .... *~';~-~ ..... ~;~ +~ +~ ~,~.~+;~ ^r
Section 2. Part II, Section 6-5 of the City of Boynton Beach Code of
Ordinances is hereby amended by adding the words and figures in underlined type
and deleting the words and figures in strike-through type 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, 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 +,c thc
tru;tccs for the necessary perpetual care, upkeep, maintenance and
improvements to the municipal cemeter¥ies +,r~;t established pursuant to
section 6-3 hereof.
Section 3. Each and every other provision of Chapter 6 not herein
specifically amended shall remain in full force and effect as previously enacted.
Section 4. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section §. Should any section or provision of this ordinance or portion
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hereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the remainder of this
ordinance.
Section 6.
Section 7.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon
passage, provided the existing members of the Board of Trustees have convened
and unanimously approved, in writing, the abrogation of the Board of Trustees.
FIRST READING this 2' day of ~¢/ , 1998.
SECOND, FINAL READING AND PASSAGE this ,~¢/ day of ~./'~', 1 998.
ATTEST:
~,~metery Boar~ ~,~e, Abolish 2
% *~ O*¢[,,'''~
CITY OF BOYNTON BEACH, FLORIDA
/~ issioner X
Commissioner
MINUTES OF CEMETERY BOARD OF TRUSTEES MEETING HELD IN
CONFERENCE ROOM 'A', CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, JUNE 9, 1998
PRESENT
Mayor Jerry Taylor, Chairman
Tereesa Padgett
Tim Hensley
Mayor Taylor called the meeting to order at 7:00 p.m. and announced the only item of
business was to have a motion to dissolve the Cemetery Board of Trustees. Mrs.
Padgett so moved, seconded by Mr. Hensley. Motion carried unanimously.
Mayor Taylor announced that the board is officially dissolved. He ascertained there was
no further business to come before this board and declared the meeting adjourned at
7:02 p.m.
Sue Kruse, City Clerk
(One Tape)