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HomeMy WebLinkAboutO-2003-033 Amending Cemeteries charter to administer the perpetual care fund ORDINANCE NO. 2003-033 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING A PORTION OF PART 1, ARTICLE 3, SECTION 4 "CEMETERIES" OF THE CHARTER OF THE CITY OF DANIA BEACH TO PROVIDE THAT THE CITY COMMISSION SHALL ACT AS A BOARD OF TRUSTEES TO ADMINISTER THE PERPETUAL CARE FUND APPLICABLE TO CITY CEMETERIES; PROVIDING FOR APPROVAL OF CEMETERY MEMORIALS BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Part 1, Article 3, Section 4 "Cemeteries" of the City of Dania Beach Charter shall be amended to read as follows: Sec. 4. Cemeteries The City of Dania Beach is hereby authorized and empowered to acquire, own, maintain and operate a cemetery or cemeteries within or without the corporate limits of the City for the burial and memorialization of the dead and activities incidental and convenient thereto. To issue bonds and revenue certificates for the purpose of obtaining money to establish or improve said facilities in the same manner as other bonds or revenue certificates are provided for in the Charter of the City of Dania Beach. To establish and administer an endowment or Perpetual Care Fund for the maintenance of said cemetery or cemeteries to be made up by depositing a portion of the moneys received from the sale of lots or plots, and accept gifts to be deposited in said fund, said fund to be administered by the City Commission, acting as a board of trustees for city cemeteries desigaated by the City GOMMiS . To regulate the uniformity, class and kind of all markers and memorials within the City cemeteries, and prohibit the erection of monuments, effigies or other structures by lot owners in or upon any portion of the cemetery or cemeteries in violation of said regulations. To erect, maintain and operate chapels, buildings, workshops, greenhouses, nurseries and other incidental buildings and equipment. To sell burial lots and burial rights and all things incidental thereto. To sell, erect, maintain and operate community mausoleums and columbaria. To sell, install, and maintain memorials of such character as is are approved by the �ff "^'may-of the Ge,meteFy OF cemeteries City Commission. To sell, manufacture, install and maintain grave liners, burial vaults, tombs and crypts. To erect, own, maintain and operate crematories within the confines of the cemetery or cemeteries, or elsewhere. To do any and all things necessary or incidental to the accomplishment of any such purposes. 1 ORDINANCE NO.2003-033 Section 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 3. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on September 9, 2003. PASSED AND ADOPTED on second reading on September 23, 2003. B ANT MAYOR — MMISSIONER ATTEST- ROLL CALL: COMMISSIONER CHUNN - YES C �A�JW�4 COMMISSIONER FLURY - YES H RLENE JO SON COMMISSIONER MIKES — OUT OF ROOM CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTOW YES APPROVED AS TO FORM AND CORRECTNESS: BY: T O IA CRNEY . NSBRO CITY AT • 2 ORDINANCE NO.2003-033 NOTICE OF HEARING BEFORE CITY COMMISSION • CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on September 23, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING A PORTION OF PART 1, ARTICLE 3, SECTION 4 "CEMETERIES" OF THE CHARTER OF THE CITY OF DANIA BEACH TO PROVIDE THAT THE CITY COMMISSION SHALL ACT AS A BOARD OF TRUSTEES TO ADMINISTER THE PERPETUAL CARE FUND APPLICABLE TO CITY CEMETERIES; PROVIDING FOR APPROVAL OF CEMETERY MEMORIALS BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CERTAIN MUNICIPAL DEPARTMENTS; AMENDING THE CITY CODE OF ORDINANCES TO FORMALLY CREATE THE DEPARTMENT OF PARKS AND RECREATION; REPLACING THE TERM "DEPARTMENT OF ADMINISTRATIVE SERVICES" WITH THE TERM "DEPARTMENT OF HUMAN RESOURCES AND RISK MANAGEMENT"; CHANGING THE REFERENCE FROM THE "ADMINISTRATIVE SERVICES DIRECTOR" TO THE "DIRECTOR • OF HUMAN RESOURCES AND RISK MANAGEMENT"; UPDATING THE DUTIES OF THE FINANCE DEPARTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A copy of these proposed Ordinances are on file in the City Clerk Department, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Charlene Johnson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Charlene Johnson, CMC Run in Sun Sentinel: September 12, 2003 City Clerk •