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HomeMy WebLinkAboutO-07-12ORDINANCE NO. 0-07-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADDING A PROVISION TO CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary to amend certain language in Chapter 34 relative to the Sebastian Municipal Cemetery to clarify that there will be one set of fees for Sebastian residents with proof of residency and another set of fees for anyone outside City limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That Section 34-11 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-11. Interment site prices; establishment of fees for Sebastian residents and individuals outside City limits, defining proof of residencv. Fees for all interment sites, appurtenances, and services in the cemetery shall be uniformly set by resolution of the city council, from time to time. One set of fees shall be established for Sebastian residents and one set of fees shall be established for all others outside of City limits. For anyone who purchases a site and for anyone who is to be interred in a site, proof of City residency must be provided as set out below to receive the Sebastian resident rate. Anyone claiming City residency to receive the City resident rate mustprovide two proofs of residency at the time of sale and/or prior to interment from the following list• ^ Florida vehicle registration card or title ^ Voter registration card ^ Utility, telephone or cable/satellite TV bill ^ Checking or savings account statement ^ Property tax bill or receipt ^ Selective service card ^ Mortgage account or proof of home ownership ^ Residential rental contract (apartment lease or other rental of real ro ert ^ Canceled check with imprinted name and address ^ First class mail from any government agency (to include the contents and envelope) Major credit card bill Installment loan contract from a bank or other financial institution SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 become 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 words "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 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 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. he foregoing Ordinance was moved for adoption by Council Member --~ ~'1C.~.1 _ The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: .~) / ~ i The Mayor thereupon declared this Ordinance duly passed and adopted thisday of ~,_~.(,~ , 2007. CITY OF SE I , FL A ~° ~ ~ ~~~~ ~ .) ~ Sally A. M 'o, MMC City Cle (SEAL) By: Andrea B. Coy, Mayor Approved as to Form and Legal Sufficiency for Reliance By th o Se stian Only: Rich Stringer City Attorney 2