HomeMy WebLinkAboutO-01-20 CemeteryORDINANCE NO. O-01-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING CITY CODE SECTION 34-2 CHAPTER 34 ARTICLE
I IN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 34 of the Code of Ordinances of the City established rules and regulations for
the Sebastian Municipal Cemetery; and
WHEREAS, the City Council has determined that a Permanent Endowment, from existing funds, be
established for the purpose of supporting maintenance at the Cemetery; and
WHEREAS, the City Council deems it necessary to amend certain language in Chapter 34 to provide
for a Permanent Endowment.
NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, as follows:
SECTION 1. That Section 34-2 of the Code of Ordinances, City of Sebastian, Florida, is hereby
amended to read as follows:
"Sec. 34-2. Trust Fund.
(a) A cemetery trust fund is hereby established which will be administered by the Finance
Director '~n~er~ *~: ~r:ct~c~n c£ oursuant to the volicies established by the City Council.
(b) A Permanent Endowment, in..t...h.~__m...inimum amount of $375,000, is hereb~
.est.ablished~ the procee.d..s...q.f..which shall be used for the sole purpose of providing f.u..ndin~ for the
operation~ care and maintenance of the cemetery.
(bc~ ~ ~_The proceeds from the sale of interment sites in the cemetery shall be
deposited into the trust fund~ one-half of which shall be added to the Permanent Endowment.
Non-endowed funds will to be used solely for capital expansion of the cemetery to provide for the
plotting, acquisition, watering system installation and related costs incidental to providing additional
interment sites for future sale.
+ 1 ~1 + 1
(o~ Funds in the cemetery trust fund nc~ cm~,c, ye~/n c.".~i x.,v,,r~~ ...... ~ ^~ shall not be used for
any purpose other than stated in (b) and (c) above a..nd I~ shall be invested in Un:.tc~ Eta*,::
~-*-~--*-~- accordance with the City s Investment Policy. T?,:/n:cmc 5om t~e ~ast~,.,,na :~all be
eemete~. As a part of the consideration for the purchase of ::c~ interment sites, the city obligates
itself to use the proceeds of such sales for no other purpose than as stated in this section."
.SECTION 2.
repealed.
CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not
be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder
to remain in full fOrce and effect.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Council Member ~(h~i"C_.Z M ~ . Motion was
seconded by Council Member ~i%h0~ and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
V/ce-Mayor Ben A. Bishop
Councilmember Joe Barczyk {'),~"'~
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this ~(~-tr~ day of September,
2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Walter Barnes, Mayor
Sally A. ~o, CMC City Clerk
Approved as to Form and Legality for
Reliance ~e Citv__gf, Sebastian Only:
By: /~'~ ~V ~'"-~
Rich stringer, City ~)torn~y