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R-61-094'~~~ RESOLUTION WHEREAS, the City Council of the City of Clermont, Florida, has passed Ordinance No. 196 pertaining to cemeteries in said City and therein it is provided for the Council to adopt rules and regulations governing cemeteries, establish prices, plantings, etc.;. and, WHEREAS, the Council has established prices, compiled the rules and regulations, has set aside certain areas in both white and colored cemeteries for the burial of paupers, reserved certain areas for future sales and beautification; therefore, BE IT RESOLVED that the Rules and Regulations attached hereto and by reference thereto made a part hereof, are and shall be, until further amended or rescinded, the Rules and Regulations governing all cemeteries owned by and in the City of Clermont; and, BE IT FURTHER RESOLVED that: (A) Prices of Burial Plots 1. Oak Hill Cemetery and flak Hill Cemetery Addition, the price shall be $50.00 for single burial space. 2. Oak Hill Cemetery Second Addition, the price shall be $75.00 for single burial space. (B) Reserved for Burial of Paupers 1. Oak Hill Cemetery: Lots 46 - 51, inclusive, in Block "L"; and, Lots 46 - 48, inclusive, in Block "K" . 2. Oak Hill Cemetery Addition: Lots 8 - 13, inclusive, Block "R" . (C) Reserved for Future Sales 1. Blocks „S„ ~ „Z,,, ~ „U„ ~ „V„ ~ „W„ ~ „X„ "Y", "Z" and "ZZ", Oak Hill Cemetery Addition. (D) For Beautification and Plantings _ 1. Oak Hill Cemetery Second Addition: Lot 4, Block "A"; Lots 33, 34, 69, .175, 210, 211 and 212, Block "B"; Lots 1, 2 and 20, -one- Block "C"; Lots 108, 133 and 134, Block "D"; and, Lots 25, 26 and 53, Block "E" . DATED: April 18, 1961. ADOPTED by the City Council of the City of Clermont, Lake County, Florida, at its regular meeting held on April .18, 1961. -two- RUSES AND REGULATIONS of Clermont runicipal Cemeteries Purpose These rules and regulations are designed for the protection of owners of interment rights as a group. They are intended, not as restraining, but rather as preventing the inconsiderate from taking unfair advantage of others. Their enforcement will help protect your Cemeteries and create and preserve their beauty. These rules and regulations are hereby adopted as the rules and regulations of the Clermont Municipal Cemeteries, and all owners of interment rights, visitors and contractors performing work within the Cemeteries, shall be subject to said rules and regula- tions, amendments or alterations as shall be adopted by the City of Clermont from time to time. DEFI MTIONS 1. The term "Owner" shall mean the owner of rights of interment. 2. The term "City" shall mean the City of Clermont and/or City Council. 3. The term "interment" shall mean cremation and inurnment, entombment or burial of the remains of a deceased person. 4. The term "Mortician" shall mean any locally licensed mortician or undertaker. 5. The term "memorial" shall mean any marker or structure upon or in any lot or niche, placed thereupon or therein or par- tially therein for the purpose of identification or in memory of the interred. OWNERSHIP 6. The City reserves the right to refuse interments for valid reason, and to refund any monies paid for the purchase price, and when so refunded, the interest of the owner shall revert to and become the property of the City. 7. Burial plots in any municipally owned cemetery shall be used for no other purpose than the burial of the human dead. SUPERVISION OF CEMETERY 8. The City reserves t~~~e right to compel all persons coming into the Cemeteries to obey all rules and regulations adopted by the City. The rules and regulations may be changed with- out notice to arty Owner by the City Council. 9. The City shall take reasonable precaution to protect owners, and the property rights of owners, within the Cemeteries, from loss or damage; but distinctly disclaims all responsi- bility for loss or damage from causes beyond its reasonable control, and, especially, from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasion, insurrections, riots, or order of any military or - 2 - civil authority, whether the damage be direct or collateral, other than as herein provided. 10. The City reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the inscriptions, transfer, or conveyance and substituting and conveying in lieu thereof other interment rights of equal value anal similar location as far as possible, or as may be selected by the City, or, in the sole discretion of the City, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person in such property, the City reserves and shall have the right to remove and transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The City shall also have the right to correct any errors made by placing an improper description, including an incorrect name or date either on the memorial or on the container for cremated remains. 11. Persons within the cemetery grounds shall use only the avenues, walks, alleys and roads, and any person injured while walking on the grass, except that be the only way to reach his plot, or while on an9 portion of the Cemetery other than the ave- nues, walks, alleys or roads, shall in no way hold the City liable for any injuries sustained. 12. Automobiles shall not be driven through the grounds at a greater speed than fifteen miles per hour, and must always be kept on the right side of the Cemetery roadways. No person shall either ride or drive upon the lawns. Automobiles are not allowed to turn around on the driveways or roadways, and are not allowed to park or to come to a full stop in front of an open grave unless such automobiles are in attendance at the funeral. 13. The right to enlarge, reduce, replat or change the boundaries or grading of the Cemeteries or of a section or sections, from time to time, including the right to modify or change the locations of/or arty part thereof or remove or regrade roads, drives and walks is hereby expressly reserved. The right to lay, maintain and operate, or alter or change pipe lines or gutters for sprinkling systems, drainage lakes, _ etc. is also expressly reserved, as well as is the right to use Cemetery property, not sold to individual owners, for Cemetery purposes, including the interring and preparing for interment of dead human bodies, or for anything necessary, incidental or convenient thereto. The City reserves to itself, and to those lawfully entitled thereto, a perpetual right of ingress and egress over lots for the purpose of passage to and from other lots. - 3 - SALE A1VD PURCHASE OF INTERMENT RIGHTS 14. The sale and transfer of any interment right by any Owner or purchaser shall not be binding upon the City, unless same shall first be duly approved in writing by the proper author- ized officer of the City and then such interment right must _ be re-conveyed to the City; the City shall issue a Conveyance or Deed to the new Owner upon the receipt of X5.00 service charge, at time of transfer. This procedure is required in order that the City may at all times have a complete and accurate record of all owners and purchasers. 15. There will be a charge of $5.00 for the issuing of a duplicate deed, after proper notification to the City by the lot owner. 16. All grading, landscape work, and improvements of any kind, and all care of lots, shall be done, and all trees, shrubs, and herbage of any kind shall be planted, trimmed, cut or removed, by the City. 1']. No enclosure of any kind, such as a fence, coping, hedge or ditch, shall be permitted around any grave or lot. Grave mounds will not be allowed and no lot shall be raised from the established grade in Oakhll Cemetery Second Addition. 18. Interment rights can be purchased in these Cemeteries from the City Clerk and subject to the rules and regulations of said Cemeteries now or hereafter adopted for the government of these Cemeteries, and for the purpose of interment only. This provision applies to all sales, whether made directly by the City or sales made by Owners. 19. No interment rights or contracts for the purchase of interment rights can be sold, assigned, transferred, pledged or hypoth- ecated without the written approval of the City Clerk. 20. No title to a lot shall be deemed valid to the purchaser until the amount of the purchase money shall have been paid, and the City reserves the right to remove all bodies which may have been interred in said lot, and place the same in a single grave section in the Cemetery if the full lot has not been paid for. 21. The City may exchange intermen~ rights when desired by Owners, but not for interment rights of lesser value. When such an exchange is made, the original conveyance must be surrendered by proper assignment, or by reconveyance, if considered necessary, before any change is effected. 22. Each Owner is vested with the ownership of his or her interment rights for the sole purpose of interment of human dead bodies. Under the regulations of the Cemetery the interment rights cannot be conveyed without the assent of the City Clerk, nor any use, division or improvements of them be made which the City prohibits, or may deem improper. The Owner of interment rights may dispose of same by will, subject to the foregoing conditions. If the Owner dies intestate, the interment rights will descend to his or her heirs according to the laws of descent. - 4 - 23. The City shall direct generally all improvements within the grounds and upon all lots and graves, before as well as after interments have been made therein. They shall have charge of the planting, sodding, surveying and improve- ments generally. 24. No person other than City employees shall be allowed to per- form any work on any grave or lot within the grounds without a permit from the City Clerk. 25. If any memorial, or any structure whatsoever, or any inscrip- tion to be placed on same, shall be determined by the City, to be offensive, they shall have the right, and it shall be its duty, to enter upon such lot and remove, change or correct the offensive or improper object or objects. 26. If any tree, shrub or plant standing upon any lot, by means of its roots, branches, or otherwise, be or become detrimental to adjacent lots or avenues, or if for any other reason its removal is deemed necessary, the City shall have the right, and it shall be its duty, to remove such tree, shrub or plant or any part thereof, or otherwise correct the condition existing as in its judgment seems best. 2'7. No person shall pluck or remove any plant or flower, either wild or cultivated, from any part of the Cemeteries. FUNERAL, REGULATIONS 28. Interments shall be made only by locally licensed morticians. 29. No interment shall be made until the mortician shall have first obtained a burial permit from the office of the City Clerk and the fee for such permit shall be one dollar. 30. Application for burial permits shall be made on a form pre- scribed and furnished by the City. 31. The City shall in no way be liable for damages for any delay in the interment of a body where a protest just or unjust, to the interment has been made, or where the rules and regulations have not been complied with, or where body is not accompanied by proper burial permit; and, further said City reserves the right, under such circumstances to refuse to accept such body for interment until all rights of the parties have been determined. The City, at its option, may refuse to recognize any protests of interments unless it be in writing and filed in the office of the City Clerk. 32. When any interment is being made the Agent or employees of the mortician making the interment shall have the right to use adjoining lots for the storage of excess dirt, equipment, etc. needed for the interment. 33• Removal, by the heirs, of a body so that the lot may be sold for profit to themselves, or removal contrary to the expressly or implied wish of the original lot owner, will not be allowed. 34. Burial plots are restricted to one interment unless written permission is obtained from the Mayor. -5- 35• No interment may be made unless the body is accompanied by a burial permit as provided by ordinance. 36. No bands are allowed to enter the Cemeteries, without a permit from the Mayor. 3']. The City reserves the right to refuse interment to anyone deemed objectionable to the best interest of the cemetery, or to anrp funeral director not licensed by the City. GENERAL REGULATIONS 38. No dogs shall be permitted in the Cemeteries. 39. No person shall be permitted within the Cemeteries on a bicycle. 40. Bringing lunches, beer or intoxa.cating liquors within the Cemeteries is strictly forbidden. 41. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles, or similar articles will be permitted on any grave, lot or tree. 42. No "~`or Sale" signs will be allowed on plots. No advertise- ments in ax~,y form will be allowed on any lots in the Cemetery; and the City reserves the right to remove therefrom any such signs or advertisements. 43. The City is not responsible for theft or damage to anything placed on graves or lots. 44. Disinterments may be made on consent of the City, and the written consent of the owner or owners of the lot, and the surviving wife, husband, children, if of full age, and parents of the deceased. Disinterments must be made by morticians. 45. It is against the rules of the City to allow photographers to take pictures of interments without the consent of the family. 46. The City and its agents have authority to enter upon any lot and to remove any objectionable thing or any erection that may have been placed there contrary to the regulations of said City and they may remove any dead or damaged tree, shrub or vine. 4']. No person will be permitted to use profane or boisterous language or in any way disturb the quiet and good order of the Cemeteries. 48. All persons are strictly forbidden to break or injure any tree or shrub, or mar any landmark, marker or memorial or in any way deface the grounds of the Cemetery. 49. The City shall not be liable for floral pieces, baskets or frames in which or to which floral pieces are attached. The City reserves the right to remove any flowers, floral designs, trees, shrubs or plants or herbage of any kind. 50. All persons are reminded that the grounds are sacredly devoted to the burial of the dead and that the provisions and penalties of the law, as provided by statute, will be strictly enforced in all cases of wanton injury, disturbance - 6 - and disregard of the rules. 51. It is of utmost importance that there should be a strict observance of all the proprieties due the place, whether embraced in the foregoing regulations or not, as no impropriety will be tolerated. 52. All well-disposed persons will confer a favor by informing _ the Mayor. of any breach of proper decorum that may come under their notice. 53• Touch nothing in the Cemeteries that does not belong to you. This is the only safe rule to adopt in visiting these Cemeteries. 54. No person or persons, other than an employee of the City, or an officer of law enforcement, shall be permitted to bring or carry firearms within the Cemeteries except a military guard of honor and they only when in charge of an officer and during a military service. 55• Plantings of any kind, on all lots and graves in Oakhill Cemetery Second Addition are prohibited. Planting in other City owned cemeteries may be made only upon the written permission of the Chairman of the Cemetery Committee. 56. It is against the rules of the City for the lot owners to dig holes in the graves for the installation of vases or cans. The lot owner would be individually responsible for any accident caused by one of these holes and the City reserves the right to remove any can or vase not installed by them, or according to the cemetery rules covering the types of vases permitted. 57. The City reserves the right to remove all flowers, potted plants, summer wreaths or baskets of flowers, when they become withered, or for any other reason, and the City is ordered to make removals when in its judgment it is to the best interests of the Cemeteries. 58. Metal emblems or markers, flags and guidons are prohibited on lots or graves, except at Memorial Day. They may be placed by authorized representatives of lodges, posts, camps, etc. not to exceed two days before Memorial Day, and removed not later than three days thereafter, after which such emblems will be removed from the lot by the City employees and stored for a period not to exceed two weeks, at no risk to the City. After said time the emblems become the property of the City. It is preferable that all such emblems be removed by the organization placing them. MODIFICATIGNS AND Ai~ENDr1FNTS 59. The City of Clermont may, and it hereby expressly reserves the right, at any time or times, with or without notice to Owners, to adopt new rules anal regulations, or to amend, alter and/or repeal any rule, regulation and/or article, section, paragraph and/or sentence in these Rules and Regulations. • _7_ 60. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The City, therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of the Rules and Regulations when, in its judgment, the same appear a~isable; and such temporary exceptions, suspension or modifcations shall in no way be construed as affecting the general application of such. MEMORIALS 61. Only one grave memorial will be permitted on one grave space. 62. In Oakhill Cemetery Second Addition memorials shall be restricted to ground-level Bronze markers, not to exceed 16" x 28" in size for single markers or 16" x 56" in size for double markers. 63. Bronze memorials may be purchased from the City. The City will install all memorials sold by them. 64. All memorials shall be set on uniform lines as prescribed by the City to conform to the general plan of the cemetery. 65. No memorial or plat corner marker shall be installed in any city owned cemetery by any firm or individual until they shall have first obtained a permit from the office of the City Clerk, and the cost of each permit shall be X1.00. 66. All foundations for memorials shall be of a size and material specified by the City. 67. Ii the marker or memorial is purchased through the City, t~~e service and installation charge shall be included in the purchase contract. PERPETUAL CARE 68. The purchase price of all interment space sold and to be sold in the Cemeteries, includes a deposit for continual care. 69. The term "Perpetual Care" is perhaps an unfortunate one, but its use has now become so general that it may be said to have ta'~en on an accepted meaning. What we really mean by that term is that within the limits permitted by the income derived from endowment funds set apart especially to produce such income, the cemetery grounds will be maintained in keeping with a well preserved burial park, including the cutting of grass and trimming of shrubs and trees at reasonable intervals; the procuring, maintaining and keeping in reasonable condition the machinery, tools and equipment needed for that purpose, and replacing same when necessary; keeping in repair the drains, water lines, roads, buildings, fences and other structures, including statues and embellishments of a general character applicable - 8 - to the cemetery as a whole or to a particular area; painting or otherwise preserving same at reasonable periods, main- taining the necessary records of lot ownership and burials, and other necessary information, and making same available to the public authorities and interested persons. 70. The rules and regulations contained in this rule book have been approved and adopted by the City for the operation of these cemeteries and the conduct of its employees.