HomeMy WebLinkAboutO-89-17 ORDINANCE NO.: 0-89-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL CEN~TERY~
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN~ AMENDING SECTION 8-24 PERTAINING TO FEE TO
BE CHARGED BY THE CITY FOR WORK PERFORMED WITH RESPECT
TO A GRAVESITE AT A TIME OTHER THAN DURING THE REGULAR
WORKING HOURS~ PROVIDING FOR REPKAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES~ PROVIDING FOR
SEVERABILITY~ AND PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, it is the desire of the city Council of the city of
Sebastian, Indian River County, Florida to amend its Code of
Ordinances as it pertains to certain fees charged in connection
with the municipal cemetery.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that:
Section 1. FEE FOR PROVIDING SERVICES OTHER THAN DURING
NORMAL WORKING HOURS. Section 8-24 of the Code of Ordinances
of the City of Sebastian is hereby deleted in its entirety. The
following provisions to be designated as Section 8-24 are
substituted in lieu thereof:
"When a gravesite must be located and marked by the sexton
or other authorized city employee for interment or the grave must
be opened or closed, and such work is requested to be performed
other than during the regular working hours of the sexton or
other authorized city employee, then the City shall charge a fee
to the funeral home requesting the services as set by resolution
of the City Council from time to time."
Section 2.. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall come and be made a part of the Code of Ordinances
of the city of Sebastian, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to
"section", "article" or other appropriate designation.
Section 4. 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 will 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 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Councilman
~'"~_L~'~ . The motion was seconded by
Councilman O~t~~.~ and, upon being put to a
ATTEST:
vote, the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this~ day of /~~, 1989.
Richard B. Votapka, Mayor
Ka. thr~_ M. O'Halloran, CMC/AAE
City ~lerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press as required by
State Statute, that one public hearing~was he. ld on this Ordinance
at 7:00 p.m. on the ~day ~f ~ , 1989, and that
following said public hearing this Ordinance was passed by the
City Council.
Kathr~h ~4. OYHalloran, CMC/AAE
city Clerk
Approved as to Form and Content:
n Nash, City Attorney
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