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R94-035RESOLUTION NO. ~-,~,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING AND APPROVING REVISED RULES AND REGULATIONS GOVERNING THE CEMETERY/MAUSOLEUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach operates municipal cemeteries within the City limits of the City; and WHEREAS, the Cemetery Board has unanimously approved Rules and Regulations which govern the Cemetery/Mausoleum; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City of Boynton Beach, Florida does hereby adopt and approve the revised Rules and Regulations governing the Cemetery/Mausoleum, which are attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~/ day of ~, 1994. CITY OF BOYNTON BEACH, FLORIDA Mayor / Vice Mayor ATTEST: Cit~ Clerk (Corporate Seal) Authsig.doc Cem/Mau.R&R 2/24/94 NOTICE TO LOT OWNERS IN BOSTON BEACH MUNICIPAL CEMETERIES Rules & Regulations Amended ~une 21~ 1994 GENERAL e e ge 10. 11. Lot owners shall not allow interments to be made in their lots for remu- neration; nor shall any transfer, assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of the City of Boynton Beach and same endorsed upon such transfer, assignment or con- veyance. No transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No disinterment shall be allowed except by the consent of the City of Boynton Beach and upon written request of the owner or owners of the lot and in every case shall only be made by the proper authorities. (Note: Authorized disinterment and S~i~6nt of body may be made only by a licensed funeral director licensed iq Florida toanother licensed funeral director at terminal point.) The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style of their improvements at the cemetery; but in justice~to the interest of the whole and all cemeter~y lot owners, it reserves to itself the right of preventing or removing any erection, enclo- sure, monument, inscription, tree or shrub which is inconsistent with the Purpose of these rules and which the City considers injurious to the g~0uDd~. Under no circumstances will lots be allowed to have on them groWing or live plants, trees or bushes directly planted in the ground and s~h~ill be remove~ by City employees. In addition to the grave marker there will be a limit of three items placed on a grave ~site. In general these three items can be those chosen by the owner, b~t must be able to be moved with one hand and flowers must be in a container that has a solid base so that it will easily stand erect or in a COntainer with a point on the bottom that is easily stuck into the ground, These i~ems must be tastefully placed at grave sites. Employees wilt, for cemet~r~ maintenance purposes, move and replace these items with care, but the C~t~ does not accept responsibility for replacing broken items unless there ~s: a clear negligence on the part of the City employees. (Note: City Emplo~ee~s~~ may remove any item placed on a grave site that becomes untidy or um~ghtl~ to the appearance of the Cemetery.) A~l lot enclosures of any kind whatever are prohibited. Corner stones pro- perly numbered and set flush with the surface of the ground will be allowed. No brick work will be allowed above ground level in any portion of the cemeteries. No mounds are permitted over graves. The grade of all lots will be determined by the Board of Governors. No person shall be allowed to perform any modification or construction on a lot w~thbut a permit from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. To protect the grounds and especially improved lots from injury, all exca- vations shall be made by the City. A~l permanent grave markers must be ground level, of bronze, marble or gra- nite material and placed on a six (6) inch concrete base, subject to proper permit and fees. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary markers will be removed by cemetery works after that time. All urns, vases, or grave markers damaged or lost will not be the respon- sibility of the cemetery. No wooden boxes may be used for interment. Casket must be encased in a solid container - concrete container or vault. The Board of Governors from time to time may initiate and recommend the laying out, altering, or closing of such avenues or walks and make such rules and regulations for the government and improvement of the cemetery as it may deem requisite and proper, subject to City Council approval. -1- ,~ ~BOYNTON BEACH HUNICIPAL_ CEHETERIE$: Rules _& Regul~ttan$ 12. 13. 14. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all accounts relating thereto and due the City are paid. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20%. The deed must be surrendered. No sign indicating that a 'or is "For Sale" will be permitted on the grounds. On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial services at the cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk. 15. 16. 17. 18. I9. 20. 21. 22. 23. MAUSOLEUM No transfe~assignment or conveyance of any crypt/niche or any interest therein shall be effective without the written consent of the City of Boynton Beach. All transfers shall be evidenced by a Certificate of Ownership, a copy of which shall be maintained by the City Clerk. Transfers or assignments of crypts or niches by the owner thereof shall be permitted subject to payment of a transfer or assignment fee to Boynton Beach Mausoleum, Inc., during the term of their contract with the City. No Disinterment shall be allowed except by the consent of the City of Boynton Beach following written request by the owner or owners of the crypt/niche and in eveny case shall only be:made by the proper authorities. {Note: authorized Disinterment and shipment of body or remains may be made only by a licensed funeral director liceesed in Florida to another licensed funeral director at' terminal point.} The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or shrub. In addition to the bronze letters, there will be a limit of two emblems allowed per crypt/niche. These bronze letters and emblems may be obtained from Boynton Beach Mausoleum, Inc., who is the City's exclusive sales agent, and shall be installed by the City of Boynton Beach. Potted plants or artificial flowers are not permitted on the Mausoleum complex at any time. Fresh flowers are permitted to remain for a period of three {3} days. One bouquet per crypt/niche will be allowed. Vases are available at the Mausoleum Office. Flowers must be in a container that has a solid base so that it will easily stand erect. This item must be taste- fully placed at crypt/niche sites. Employees will, for maintenance pur- poses, move and replace these items with care, but the City does not accept responsibili:ty for replacing broken items unless there is a clear negli- gence on the part of the City employees. {Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly to the appearance of the Mausoleum.) No person shall be allowed to perform any modification on anything without written permission from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. All entombments in Boynton Beach Mausoleum shall be made in sealed metal caskets. The City shall issue a Certificate of Ownership or a Certificate of Transfer of Ownership upon written request by Boynton Beach Mausoleum, Inc. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum chapel on Memorial Day. The Board of Governors from time to time may recommend the altering of the rules and regulations for the government and improvement of the Mausoleum as it may deem requisite and proper, subject to City Commission approval. All rules and regulations shall be applied prospectively from the date of adoption. No rule or regulation shall be construed in a manner which would negate any contractual right between Boynton Beach Mausoleum, Inc., and any party to a purchase agreement with Boynton Beach Mausoleum, Inc. -2- Rules94-1 Amended 6/21/94 /jmp