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17-004 1 2 ORDINANCE NO. 17-004 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, AMENDING CHAPTER 6, "CEMETERIES" OF THE 7 CODE OF ORDINANCES, BY CREATING A NEW SECTION 6- 8 20, "USE BY RESIDENTS"; PROVIDING FOR EXCEPTIONS; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, City owned and operated cemeteries are near capacity and the City 14 Commission finds it in the best interest of the City to limit future cemetery burials to City 15 residents. 16 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, THAT: 19 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 20 herein by this reference. 21 22 Section.2. That Chapter 6, is hereby amended by creating a new Section 6-20, 23 entitled "Use by Residents", to read as follows: 24 25 1. Sec. 6-20. —Use by Residents. Cemetery lots may only be purchased by current 26 full time residents of the City for their use and that of their immediate family and 27 their direct descendants. Immediate family means father, mother, children, spouse, 28 domestic partners, siblings, step children, half siblings and in-laws. 29 2. Multiple lots may be purchased by a resident but must be contiguous and all grave 30 sites limited to the interment of the resident and their immediate family and 31 descendants. 32 3. Ownership of a lot descends through family blood lines, i.e., from parent to child or 33 other heirs-at-law. A spouse or domestic partner of a deceased resident owner has 34 the right to burial. {00166186.1 306-9001821) 1 35 4. If the present owner desires, and the lot configuration permits, the City authorized 36 to purchase unused graves at 80% their original cost. 37 5. Interpretation and application of the foregoing rules are delegated to the City 38 Manager. 39 6. Exceptions to residency rule: 40 A. Any person who maintained full time residency in the City for at least ten (10) years 41 but has moved away. 42 B. Any Military Veteran. 43 C. Any former Mayor or City Commissioner. 44 Section 3. Each and every other provision of Chapter 6, of the Code of Ordinances of 45 the City of Boynton Beach not herein specifically amended shall remain in full force and 46 effect as previously enacted. 47 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 48 same are hereby repealed. 49 Section 5. Should any section or provision of this ordinance or portion hereof, any 50 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 51 such decision shall not affect the remainder of this ordinance. 52 Section 6. Authority is hereby granted to codify said ordinance. 53 Section 7. This ordinance shall become effective immediately upon passage. 54 (00166186.1 306-9001821} C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Cemetery_For_Residents ._Ordinance_(00166186xc4b6a)(1).Doc 2 55 FIRST READING this 17th day of January, 2017. 56 57 SECOND, FINAL READING AND PASSAGE this 7th day of February, 2017. 58 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 62 Mayor—Steven B. Grant 63 64 Vice Mayor—Mack McCray 65 66 Commissioner—Justin Katz 67 68 Commissioner—Christina L. Romelus 69 70 Commissioner—Joe Casello 71 72 73 VOTE —'d 74 75 ATTEST: 76 77 78 ""CI: a7,e7e 79 ,J/u 1th A. Pyle, CM �r,4 80 e/ y ClerkLyw rt 81 p, 82 �1 µ 83 Ifs 84 (Corporate Seal) �_ t# 85 (00166186.1 306-9001821) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.1E5\SATNOEVN\Cemetery_For_Residents_-_Ordinance_(00166186xc4b6a)(1).Doc 3