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O-61-196 =0 ORDINANCE No. 196 \ , AN ORDINANCE REGULATING THE OPERATION OF THE MUNICIPAL CEMETERY OF CLERMONT, LAKE COUNTY, FLORIDA: AUTHORIZING THE CITY COUN- cL TO PROMULGATE RULES, REGULATIONS AND RESTRICTIONS FOR THE MANAGEMENT AND USE THEREOF; PROVIDING A TRUST FUND FOR PERPETUAL CARE; PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS AND EFFECTIVE DATE AND OTHER MATTERS RELATING THERETO. , , " , ., \ , \ \ BE IT ORDAINED AND ESTABLISHED BY THE CITY COUNCIL OF " THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: \ SECTION I. Short Title. This Ordinance shall be known tìnd may be cited as the Clermont Cemetery Ordinance. SECTION II. Definitions. For the purposes of this Ordin- ance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and words in the masculine gender include the feminille and neuter gender. The word "shall" is always mandatory and not mercly directory. The word "may" is purely directory. (1) "City" is the City of Clermont, Lake County, Florida. (2) "Council" is the governing body of the City of Clermont, Lake County, Florida, (3) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (4) "Cemetery" or "Municipal Cemetery" is any cemetery owned by the City of Clermont, Lake County, Florida. (5) "Trust Fund" is the fund established for the perpetual care of the Cemetery. (6) "Parks Committee" is at least three members of the Coun- cil serving as committeemen in charge of parks, recreational areas and cemeteries. (7) "Superintendent" is the employee of the City having charge of the Cemetery and under the direction and control of the Council and/or the Parks Committee. SECTION III. Authority. The Council shall manage, operate, control and maintain the Cemetery. However, the Council may ... ..~ place same under the Parks Committee and/or a Superintendent. SECTION IV. Rules, Regulations, Restrictions. The Council shall by resolution establish rules, regulations and restrictions fôr. the use of the Cemetery relating to: (I) Subdividing the Cemetery into lots, blocks, streets, walkways, and recording the plats thereof. (2) Capacity of each lot. (3) Location of graves. (4) Type of plantings as well as the size of and material in monuments and markers that will be permitted for the proper and most attractive development of the Cemetery, provided, however, that Oak Hill Cemetery, Second Addition, as per plat thereof duly filed and recorded in the public reco"tds of Lake County, Florida is hereby re- stricted to a lawn memorial type cemetery. (5) Use of certain lots for single burials, and burials of paupers. (6) Location of and plans and specifications for all structures of any kind for the interment of human bodies or cremated remains. (7) All other matters for the orderly use and development of the Cemetery. SECTION V. Superintendent - Duties. The Council may: (I) Appoint a Superintendent of the Cemetery, fix his salary and remove him from office or abolish the office at any time. (2) By resolution establish, amend and rescind the Superin- tendent's duties. (3) The following additional duties of the Council and the Parks Committee shall rest with the Superintendent if and when appointed: (a) Look after and take proper care of the Cemetery and see that no lot therein is used or occupied in violation of this Ordinance or of any rule, regulation or restriction promulgated by the Council. (b) Locate all graves on lots for an interment. SECTION VI. Rules for Interment. No deceased person or the cremated remains of any deceased person shall be interred until: (1) Burial permit has been obtained from the City and if re- quired from the Florida State Board of Health, or any other agency as required by law; (2) That the lot in which the interment is to be made has been fully paid for; or, arrangements for payment made with the City Clerk. (2) · .. (3) The person arranging for such interment has the right to the use of such lot; (4) Such lot is not used beyond its capacity; (5)Proper record is made of the name, age, sex and race of the deceased person and of the exact location of the grave. SECTION VII. Lot Valuations. The Council shall by Resolution: (1) Place a value upon all unsold lots in the Cemetery, and shall record same on the cemetery records or a map thereof and same shall be available at all times to the public. Such valuations shall be the fixed and established value of such lots and the price at which such lots shall be sold. (2) The Council may change the value on any or all unsold lots after giving notice thereof by publication one time in a local paper at least ten days prior to the date on which the change will be considered. This notice may, in the alternative, be posted in the office of the Clerk of the City at least thirty days prior to the date when the change will be considered. (3) The Council may withhold from sale any area block or area within a block in order to promote the orderly use and development of the area. Such areas must be definitely marked on the cemetery records. When one lot is sold in a reserved area then the whole area must be opened for sale to all persons. (4) Provide, if they deem necessary, a method of purchase, if for other than cash, and fix fees and charges on all installment sales. SECTION VIII. Records of Ownership. The Council shall keep full and complete records of the ownership of all lots in the Cemetery, of the burial capacity of each lot, sold and unsold, of the location of each grave, of the names of persons buried in each grave that has been used, and such other factual data as may be deemed neces- sary for such records. Information for such records must be furnished by those applying for the interment permit. SECTION IX. Trust Fund. There is hereby established a Trust Fund, to be known as "The Clermont Cemetery Perpetual Care Fund" which shall also be known by the brief title of "Perpetual Care Fund" to be derived from twenty-five per cent (25%) of the net proceeds from all cemetery lot sales. The Council shall be Trustees thereof and may invest and re-invest same as it deems necessary. The annual cost of care and maintenance of the Cemetery shall be paid out of only the interest or dividends earned by the Trust Fund and the general taxes assessed and levied for such purpose. The principal must be kept separate and apart from all other funds of the City and its use is hereby appropriated exclusively for the purpose of said Trust. SECTION X. Penalties. Any person, as defined hereinabove, violating any of the provisions of this Ordinance shall be deemed guilty (3) ...-=~ /' .... ,,-"./11\ " . :-"',,- :/"~" {i:' - - . ';:." '. ~ ~_. " .....;r of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding Three Hundred Dollars ($300.00) or be im- prisoned in the City Jail for a period not exceeding ninety (90) days or be both so fined and imprisoned. Each day such violation is com- mitted or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. SECTION XI. Separability. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent pro- vision and such holding shall not affect the validity of the remaining portions hereof. SECTION XII. Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION XIII. Finding of Emergency. This Ordinance is passed as an emergency measure, and the Council does, by the vote by which this Ordinance is passed, hereby declare that an emergency exists, which makes it imperative that this Ordinance should become effective forthwith in order that the public health, welfare and safety might most effectively be provided for. ------------------------- PAS S ED by the City Council of the City of Clermont on its first reading on March 21, 1961. PAS SED by the City Council of the City of Clermont on its second reading on March 21, 1961. PAS S ED by the City Council of the City of Clermont on its third reading on March 21, 1961. C ICUtM.-tt £. If ~ /) Presièlent of the City Cõtfnéil TTEST: .. ··':'\~~k - - - - - - - - - - - - - - - - - - - - . :: . :: " /f: RECEIVED AND APPROVED by me this March 21, 1961. of Cl§b.F ------------ --------- (4) .. .. - - - - - - - - - - - - - - - - - - - - - - - - - - CER TlFICA TE OF POSTING I HER E BY C E R T IF Y that a copy of this Ordinance was posted as required by the Charter and General Ordinances of the City of Clermont, Florida, this March 21, 1961. - - - - - - - - - - - - - - - - - - - - - - - - - - (5)