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HomeMy WebLinkAboutO-1952-295 f _ 9 _ I ORDINANCE NO. AN ORDINANCE CREATING A MUNICIPAL CEMETERY TO BE KNOWN AS DANIA MEMORIAL I PARK; PROVIDING FOR THE RULES, REGULA- TIONS AND GOVERNMENT OF SAID CEMETERY; PROVIDING PERPETUAL CARE FOR ALL PLOTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND SPECIFICALLY, ORDINANCE NO. i WHEREAS, the City Commission of the City of Dania, i Florida, deems it advisable and in the interest of public welfare to establish a municipal cemetery providing perpetual care for all plots; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLC RDA: Section J.: The Dania Memorial Park, located on the following described property: The West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (N-\V 1/4) of the Southwest Quarter (St-J 1/4), and all that portion lying East of the right-of-way of the Florida East Coast Railway of the Southwest Quarter (SW 1/4) • ' of the Northwest Quarter (N'N 1/4) of the Southwest Quarter (SW 1/4) of Section Three (3), Township , Fifty-one (51) South, Range Forty-two (42) East; and Lots Seventy-seven (77) to One Hundred Five (105), in Block Four (4); all of Block Five (5); all of Block Thirteen (13), less Lots Three (3), Ten (10), Fourteen (14), and One Hundred Twenty-eight (128); and all of Block Fourteen (14), of WOODLAWN CEMETERY, according to the plat thereof recorded in the public records of Broward County, Florida; together with all improvements thereon, shall be and is a municipal ceme- tery operated by the City of Dania, Florida, in manner hereinafter set forth. Section 2: The City Commission shall by resolution appoint a Dania Advisory Cemetery Board to consist of seven (7) members, who shall advise the City Manager, Board of Trustees of the Dania Memorial � I r OON roll) Park, and the City Commission, all of the City of Dania, Florida, in all matters appertaining to the Dania Memorial Park, all in accordance with Section 1, Article 3, Part XI, of the official Charter of the City of Dania, Florida. I Section 3: The City Commission of the City of Dania, I Florida, and their duly elected successors, are hereby appointed and designated as the Board of Trustees of Dania Memorial Park, and shall I serve as such for so long as this ordinance shall be in force and effect. i All actions and determinations of the Board of Trustees shall be in force and effect only after same have been formally approved and adopted by the City Commission of the City of Dania. Section 4: Said cemetery shall be operated according to 1 rules and regulations promulgated by the Board of Trustees, with the ad- vice of the Dania Advisory Cemetery Board. It shall be the duty of the b ..4. Board of Trustees to fix prices of all lots in the cemetery and to set charges for opening graves and other work carried on by the cemetery. i i The Board of Trustees shall recommend to the i City Commission a Trustee to manage the funds collected for the perpetual care of lots and collected for the general reserve endowment fund. The Trustee, so named, shall be a bank or Trust Company licensed by the State of Florida to handle the investment of fiduciary funds. In the investment of the cemetery funds not more i than ten percent (107o) of the aggregate sum on hand and invested shall be placed in any one type of investment except U. S. Government securities. i At the end of each fiscal year the Trustee shall I furnish the City of Dania and the Cemetery Trustees a complete financial statement as to the condition of the various investments held for the i cemetery. Section 5: The Board of Trustees shall make, adopt and enforce rules and regulations for the use, care, control, management, -2- I i restriction and protection of its cemetery, and of all parts and subdivisions i thereof; for restricting and limiting the use of all property within its ceme- tery; for regulating the uniformity, class and kind of all markers, monuments, i and other structures within said cemetery and subdivisions thereof and/or prohibiting the erection of monuments, markers and/or other structures in or upon any and/or all portions of such property; for regulating and/or preventing monuments, effigies and structures within any and/or all portions of the cemetery grounds and for the removal thereof; for regulating and preventing the introduction and/or care of plants or shrubs within such grounds; for the prevention of interment in any part thereof of a body not i entitled to interment therein; for preventing the use of burial plots for purposes violative of its restrictions; for regulating the conduct of persons and preventing improper assemblages therein; and for all other purposes deemed necessary and by the Board of Trustees for the proper conduct of the business of the Cemetery and the protection and safeguarding of the 1 premises, and the principles, plans and ideals on which the cemetery was organized; and from time to time may amend, add to, revise, change and/ or modify such rules and regulations. Such rules and regulations shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery or in such place within the Cemetery as the Trustees may prescribe. The Trustees may prescribe penalties for the violation of any rule or regulation, which penalties may be recoverable by the City in civil action. Section 6: Supervision of said cemetery shall be under the direction of the City Manager of the City of Dania, Florida, who shall be jknown as the General Manager of the cemetery in matters pertaining to i I its operation. The duties of the General Manager of the cemetery, or employees under his direction, are as follows: I i i -3- (a) To be in attendance at said cemetery during { the working day or have an assistant present in order to discharge his I 1 duties without delay. (b) To keep a complete and accurate record at the cemetery of the name of the deceased, the subdivision, lot and section on which burial is made, the date of burial, and the name of the funeral director conducting the funeral. (c) To demand and examine the burial permit and to refuse burial until such permit and papers shall comply with the I State Law and the restrictions of the City of Dania. i (d) To hold the sole and exclusive right in � person or through competent employees to dig and fill all graves and to I re-open a grave, upon request of a duly authorized and competent party after having received a permit from the City Clerk, and do all other work required in the operation of the cemetery. l (e) To make monthly and annual reports to the i Board of Trustees and City Commission, showing each individual interment ,,•, % j with other pertinent information, also a statement of the lots sold and the funds received and turned into the City Clerk, a report of the work done and the number and classes of employees. (f) To qualify and act in the capacity of a police- man, along with the Dania Police Department, in enforcing and abiding by jthe terms of this ordinance and by arresting any party while in the ceme- tery for the violating of this or any other City Ordinance. (g) To aid and assist the public in the locating of lots or burial spaces or in interpreting the meaning of the Ordinance, 1 and to take such steps as are necessary for the protection and convenience of funeral parties. (h) To keep a duplicate plat and record of the cemetery, showing sections, lots and subdivisions with the location, name I I —J -4- i i i I and date of all burials. i I (i) To keep a plat and plat book of the cemetery j� on which shall be shown all lots which are sold or are for sale and a record i made of the date, name and funeral director conducting the funeral for all deceased persons who are buried at Dania Memorial Park. (j) To sell such lots as are authorized by the Board at the price and.under the restrictions set by said Board, and to issue a deed, upon the payment of the whole amount, naming such special i restrictions as are not embodied in this Ordinance, signed by the proper i City officials and stamped with the seal of the City of Dania. i j (k) To enter into contract with persons de- sirous of purchasing a lot at Dania Memorial Park, after collecting at least a quarter of the whole amount and receiving satisfactory security for the balance, but provided that no deed shall be issued until the payment is made in full with interest; the contract to be signed by the proper City officials. I (1) To record the transfer of title from one owner " ! to another after a request for transfer has been made and authorized by the Board. (m) To notify the office at cemetery as soon as possible of the sale of lots, with the name of owner or owners, and of the date, time of day, sections, lots and subdivisions of all proposed interments with the name of deceased and funeral director. (n) To collect all money in payment for lots, burial permits, annual care and for all services rendered by the employees i jof the cemetery in the performance of their duties as regulated by the Board, and such moneys so collected shall be deposited with the City Clerk, who will give receipt for funds received. -5 I i J Section 7: The cemetery shall be operated on a fiscal i year basis, commencing from 5 E/0jrM BE/�' J of each year and ending J (J S TT of the year following. Section 8: From the purchase price of any lot or plot, there shall be set aside for the perpetual care endowment fund not less than 50°Io of the sales proceeds, and the interest and income, only, from j which shall be used in the perpetual care of said cemetery and for no other purpose. Said money received for perpetual care shall be held in trust and invested as provided by law. The Board of Trustees reserves i the right to handle all investments itself or to deposit said funds with any person, company or corporation qualified to act as trustee for such funds. i The remaining portion from lot sales and all operating revenues shall be set up in a fund known as the General Cemetery Fund. This fund shall be used for the development of and the repayment j of funds used for the original purchase and development of the property. Also until such time as the income from the perpetual care fund is sufficient i to properly maintain the cemetery such funds as are needed for this main- tenance and operation shall be drawn from the general cemetery fund. No monies may be diverted from this fund for any purpose until the cemetery has been completely developed as planned, and then only for other park improvements specified by a majority vote of the trustees. All surplus i funds remaining at the end of the fiscal year shall be carried in the next year's budget. All funds shall be expended by the trustees as in its judgment the needs of such expenditures require. These funds are to be drawn upon by the proper officers of the City, only upon vouchers properly authorized j by the Board of Trustees. The cemetery Manager may be authorized by I the Board of Trustees to act in their behalf in approving vouchers. I Section 9: In connection with the operation of the Dania I j Memorial Park, it shall be the duty of the City Auditor and Clerk to: i { (a) Deposit all sums in payment of lots, and in payment of cemetery services, into the General Cemetery Fund, except as such sums as are paid for Perpetual Care which shall be held and in- vested as herein provided under this Ordinance and the State Laws governing such trust funds. (b) At the end of each calendar month the City j Auditor and Clerk shall issue to the Board of Trustees, City Commission, I and Manager of the Cemetery, a financial statement giving the amounts received from lot sales, the lots which were sold and the amount set aside in the Perpetual Care Fund for each lot. Also the amount set up in the I j General Cemetery Fund, The City Auditor and Clerk shall also show on i the statement the amount expended from the interest of the Perpetual Care i I Fund for the upkeep of lots, the amount expended from the General Ceme- tery Fund i (c) At the end of the City's fiscal year, the City Auditor and Clerk shall issue to the Board of Trustees, and the City Com- mission a combined report showing the total funds received and dispersed from the different cemetery funds with the balances in each case, and this statement shall be audited by an outside C.P. A. , registered under the Laws of the State of Florida. Section 10: All persons handling funds in the operation of said cemetery shall be bonded in an amount decided upon by the City Com- mission. i Section 11: This ordinance shall be in force and take effect i immediately upon its passage and adoption. Section 12: Ordinance No. of the City of Dania, Florida, in its entirety, and all other ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed to the extent of such conflict. -7- I I ;j 1 IPASSED AND ADOPTED on First reading this ,' r •2 day of , 'n ;, , i A. D. 1 1952. I PASSED AND ADOPTED on Second reading this n day i j of A. D. , 1952. I I PASSED AND ADOPTED on Third reading this %i / day of 4_' i A. D. 1952. i Mayor-Commissioner i j ATTEST: I i City Clerk and Auditor I i i i I I i 1 I i I