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O98-14 ORDINANCE NO. O98-74Z AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 6. CEMETERIES; PROVIDING FOR AMENDMENT TO SECTION 6-18 GRANTING THE AUTHORITY TO APPROVE TRANSFERS, ASSIGNMENTS OR CONVEYANCES OF CEMETERY LOTS TO THE-CEMETERY BOARD OF GOVERNORS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Section 6-18 of the City of Boynton Beach Code of Ordinances provides that any transfer, assignment or conveyance of an interest in a cemetery lots prior to burial must be authorized in writing by the City Commission; and WHEREAS, the City Commission recognizes that the Cemetery Board of Governors establishes rules and regulations for the management and control of the cemetery owned and operated by the city, and monitors the cemetery trust fund; and WHEREAS, the City Commission deems it to be in the interests of the city to delegate the authority to review proposed transfers, assignments and conveyances of cemetery lots to the Cemetery Board of Governors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. 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 ca\ord\Cemetery transfers 4/8/98 underlined type and deleting the words and figures in strike-through type, as followS: 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 having first secured the written consent of the c!ty cc,,m,m,!ss!o,q board of governors to make such a transfer, assignment or conveyance, and such written consent must be end°rsed 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 "~+ ...... ioo~,,, board of governors and the ,,,,~ board of governors cannot grant such consent until after the body or bodies first therein interred shall be lawfully removed therefrom. The c:A-y ccmm!ssic,", board of governors may, by reso!ut!o,-,, adopt procedures, not inconsistent with this section, for processing and approving requests for transfers. (b) Mausoleum crypts or niches. Prior to interment, an owner may transfer or resell the mausoleum crypt or niche provided the owner first obtains the written consent of the c:A~y board of governors 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 equal to the cost of relettering the mausoleum crypt or niche is paid to Boynton Beach Mausoleum, Inc. (2) After interment, ... Section 2. hereby repealed. Section 3. ca\ord\Cemetery transfers 4/8/98 All ordinances or parts of ordinances in conflict herewith are Should any section or provision of this ordinance or any portion ~JrT thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. Section 5. Authority is hereby given to codify this Ordinance. This ordinance shall become effective immediately upon passage. FIRST READING this ,~/ day of,Cf',~/z 1998. 1998. SECOND READING AND FINAL PASSAGE this CITY OF BOYNTON day of FLORI DA ATTEST: Cite'Clerk '"- ca~ord~Cemetew transfers 4/8/98 Vice ~/layor ¢'-/'lV~yor Pro Tem - Com[pis~sioner Commissioner