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
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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.
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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