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HomeMy WebLinkAboutO-1952-282 1 ' 9 1 • ORDINANCE NO. C_J AN ORDINANCE CREATING A I+UNICIPAL CE[iE- TERY TO BE KNOWN AS DANIA MEMORIAL PARK; PROVIDING FOR THE RULES, REGULATIONS AND GOVERNMENT OF SAID CEMETERY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. I BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1: The Dania Memorial Park, the legal de- i scription of which is as follows: { The West Half (W2) of the Southeast Quarter (SE4) of the Northwest Quarter (NW') of the Southwest Quarter (SW-AL) , and all that portion I lying East of the right-of-way of the F.E.C. Railway of the Southwest Quarter (SWI) of the Northwest Quarter (NWiy) of the Southwest Quarter (SW4) of Section 3, Township 51 South, :1 Range 42 East; and Lots Seventy-seven (77) to One Hundred Five (105) . inclusive, in Block Four (4) ; All of Block Five (5) ; all of Block Thirteen (13) less Lots Three (3) , Ten (10), Fourteen (1�) and One Hundred Twenty-eight (128) ; all of Block Fourteen (14) , less Lot Eight (8) , of WOODLAWN CEMETERY, according to the plat thereof recorded in the public records of Broward County, Florida; i together with all improvements thereon, shall be and is a muni- cipal cemetery operated by the City of Dania under the Dania I Cemetery Board, Section 2: The City Commission by resolution shall SCva) (7) appoint a Dania Cemetery Board to consist of #ve--f5) members, all in accordance with Section 1, Article 3, Part XI, of the official Charter of the City of Dania. i Section 3: Said cemetery shall be operated according to the rules and regulations promulgated by the Dania Cemetery i Board and approved by the City Manager. The direct supervision of said cemetery shall be under the direction of the City Manager, who shall be advised by the Dania Cemetery Board. It shall be the duty of the City Manager, upon the advice of the I Dania Cemetery Board, to fix prices on all lots in the cemetery f .1- IF ;f a 1 i and to set charges for opening graves and other work carried on by the cemetery. The City Manager and the Dania Cemetery i Board shall recommend to the City Commission various investments to be made with the Perpetual Care Fund, and it shall be the j duty of the City Commission to adopt their recommendations. I i Section 4: Upon the advice of the Dania Cemetery Board, the City Manager shall make, adopt and enforce rules and regulations for the use, care, control, management, restric- tion and protection of its cemetery, and of all parts and sub- divisions thereof; for restricting and limiting the use of all property within its cemetery; for regulating the uniformity, i I class and kind of all markers, monuments, and other structures in or upon any and/or all portions of such property; for regu- lating and/or preventing monuments, effigies and structures i within any and/or all portions of the cemetery grounds and for the removal thereof; for regulating and preventing the intro- duction and/or care of plants or shrubs within such grounds; for the preventing of interment in any part thereof of a body not entitled to interment therein; for preventing the use of j burial plots for purposes violative of its restrictions; for regulating the conduct of persons and preventing improper 3 assemblages therein; and for all other purposes deemed neces- sary by the City Manager for the proper conduct of the business of the association and the protection and safeguarding of the premises, and the principles, plans and ideals on which the cemetery was organized; and from time to time may amend, add j to, revise, change and/or modify such rules and regulations. Such rules and regulations shall be plainly printed or type- j written and maintained subject to inspection in the City Hall I and in such place or places within the Cemetery as the City Manager may prescribe. The City Manager may prescribe penalties for the violation of any rule or regulation, which penalties may be recoverable by the City in a civil action. -2- { I t , I i Section 5: The duties of the City Manager, or em- ployees under his direction, are as follows: (a) To keep a complete and accurate record at S the cemetery and/or the City Hall 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. (b) To demand and examine the burial permit and to refuse burial until such permit and papers shall comply with I the State Law and the restrictions of the City of Dania. j (o) To hold the sole and exclusive right in person or through competent employees, to dig and fill all graves and to re-open a grave upon request of a duly authorized and competent party after first having received the written permit of the City Clerk, and do all other work required in the i operation of the cemetery. i (d) To make monthly and annual reports to the Dania Cemetery Board and City Commission showing each individual interment with other pertinent information, also a statement of i the lots sold and the funds received and turned into the City Treasurer, a report of the work done and the number and classes of employees. (a) To qualify and act in the capacity of a Policeman in enforcing and abiding by the terms of this ordi- nance and by arresting any party while in the cemetery for the violating of this or any other City Ordinance. I (f) To aid and assist the public in the locating i Of lots or burial spaces or in interpreting the meaning of the i ordinance and to take such steps as are necessary for the pro- tection and convenience of funeral parties. (g) To keep a duplicate plat and record of the cemetery, showing sections, lots and subdivisions with the loca- tion, name and date of all burials. 4 r i (h) To keep a plat and plat book of the come- tery on which shall be shown all lots which are sold or are for sale and a record made of the date, name and funeral director conducting the funeral for all deceased persons who are buried I at Dania Memorial Park. (i) To sell lots under current rules, regulations, restrictions, and price schedules, and to issue a deed, upon the payment of the whole amount, naming such special restrictions as are not embodied in this ordinance, signed by the City Clerk i and stamped with the seal of the City of Dania. (j) To enter into contract with any person de- sirous of purchasing a lot at Dania Memorial Park, after col- { lecting at least a quarter of the whole amount and receiving satisfactory security for the balance, but provided that no i deed shall be issued until the payment is made in full with interest. (k) To record the transfer of title from one jowner to another after a request for transfer has been made. j (1) To notify interested city employees and the Dania Cemetery Board of the sale of lots, with the name of owner or owners, and of the date, time of day, sections, lots and subdivision of all proposed interments with the name of deceased i and funeral director. (m) To collect all money in payment for lots, burial permits, annual care and for all services rendered by the employees of the cemetery in the performance of their duties, and such moneys so collected shall be deposited with the City Treasurer who will give receipt for funds received. j (n) To be in attendance at said cemetery during i i the working day or have an assistant present in order to dis- charge his duties without delay. 1 Section 6: The cemetery shall be operated on a fiscal-year basis commending from June first of each year and j Iending May thirty-first of the year following. For every square foot of burial rights sold, ! $1.50 shall be placed in trust in interest-bearing investments jas specified by state laws until the total of one million dollars has accumulated in the perpetual care fund, and the interest derived therefrom only, shall be used in the perpetual I care of the cemetery. After the total of one million dollars has been reached the $1.50 per square foot collected for per- petual care shall go into the general fund. This fund shall be used for no other purpose. Ten percent (10%) of remaining portion from lot j sales, after 41.50 per square foot has been set aside in a trust fund for the perpetual care of lots, shall be set up in a General Reserve Endowment Fund, the net income from which shall be used for the purpose of maintaining the portions of the cemetery exclusive of the lots themselves. At any time this income is not needed the income shall be added to the principal. The remaining portion from lot sales and all J operating revenues shall be set up in a fund known as the j General Cemetery Fund. This fund shall be used for the develop- ment of and the repayment of funds used for the original pur- chase and development of the property. Also, until such time i as the income from the perpetual care fund and the reserve endowment fund are sufficient to properly maintain the cemetery, such funds as are needed for this maintenance 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 Dania Cemetery Board. All surplus funds remaining at the end of the fiscal year shall be carried in the next yearfs budget. All funds shall be expended by the City Manager as in his judg- ment the needs of such expenditures require. These funds are I to be drawn upon by the proper officers of the City, only upon i vouchers properly authorized by the City Manager* t€ i 1 J j Section 7: In connection with the operation of the Dania Memorial Park it shall be the duty of the City Auditor and Clerk to: (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 invested as provided under the City Charter and the State laws governing such trust funds. (b) At the end of each calendar month the City Auditor and Clerk shall issue to the Dania Cemetery Board and the City Manager and the City Commission a financial statement i 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 General Reserve y� Endowment Fund and the General Cemetery Fund. The City Auditor and Clerk shall also show on the statement the amount expended from the interest of the Perpetual Care Fund for the upkeep of lots, the amount expended from the General Reserve Endowment Fund and the amount expended from the General Cemetery Fund. At the and of the City' s Fiscal year the City Auditor " and Clerk shall issue to the Dania Cemetery Board, the City Manager, and the City Commission 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 i be audited by a C.P.A. Section 8: This ordinance shall be in- force and take i effect immediately upon its passage and adoption. Section 9: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. PASSED AND ADOPTED on First reading this �/A•/-"day of April, A. D., 1952, _6- I i i ,1 j PASSED AND ADOPTED on Second reading this :�_)rti day of , A. D., 1952• !� PASSED AND ADOPTED on Third reading this day G { of , A. D., 1952 Nat ayor-CoTmnis loner ATTEST: i City g erk an Au itor 1 i k i i i I i i I � I ' I -7-