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HomeMy WebLinkAboutVI (B) First Reading of Ordinance No 95-15, Terminating Cemetery Perpetual Care Fund AGENDA 4-18-95 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI B 1 Ocoee 11 VAINIJLICUKIr1 ( °" cy .COMMISSIONERS rpo.„a CITY OF OCOEE RUSTY JOHNSON PAUL W.FOSTER O 150 N.LAKESHORE DRIVE SCOTT A.GLASS (% OC1 OCOEE,FLORIDA 34761-2258 JIM GLEASON .f►l ,� (407)656-2322 CITY MANAGER E� Of 6000 ELLIS SHAPIRO MEMORANDUM DATE: April 10, 1995 • TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director(1}') Administrative Services SUBJECT: Cemetery Perpetual Care Fund - Ordinance 95-15 Ordinance 89-22 set up the Perpetual Care Fund. As of March 31, 1995, the Fund has $53,215.76. Monthly interest has amounted to $155.00. No monies to perform necessary maintenance have been taken from this fund. At the February 7, 1995 Commission Meeting when the history of the revenues was discussed, the City Manager was directed to prepare an ordinance to terminate the Cemetery Perpetual Care Fund and to transfer the monies in the Cemetery Perpetual Care Fund to the General Fund. Direction also included surveying the cemetery to ascertain the number of unused lots. The survey costs at an estimated $20,00.00 are included in the mid-year budget amendment. Action Requested The Honorable Mayor and Board of City Commissioners (1) approve Ordinance 95- 15 and (2) authorize the Mayor and City Clerk to execute. MEB/jbw ORDINANCE NO. 95- 15 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO THE MUNICIPAL CEMETERY; AMENDING SECTION 61-8 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE IN ORDER TO PROVIDE THAT ALL REVENUES RECEIVED BY THE CITY FOR THE CEMETERY BE PLACED IN THE GENERAL FUND OF THE CITY; PROVIDING FOR THE TERMINATION OF THE CEMETERY PERPETUAL CARE FUND AND THE TRANSFER OF ALL MONIES IN SUCH FUND TO THE GENERAL FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. Section 61-8 of Chapter 61 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows: §61-8. Accounts, . A. The City Manager shall keep full and detailed accounts of the receipts and expenditures on account of the cemetery. Payment for all lots must have been completed before interment of the dead. All moneys from the sale of lots, services and functions in connection with this cemetery shall be paid to the City Clerk pursuant to this regulation. B. -- , .... . _ .. .. .. .. . eemeterie-perpetility:- All revenues received by the City for the cemetery. including funds received for the purchase of cemetery lots. shall be placed in the General Fund of the City and may be used for such public purposes as may be designated by the City Commission. NOTE: Deletions are seek eta; additions are underlined. SECTION THREE. The Perpetual Care Fund heretofore established pursuant to Section 61-8 of Chapter 61 of the Code of Ordinances of the City of Ocoee is hereby terminated. All funds in the Perpetual Care Fund as of the effective date of this Ordinance shall be transferred to the General Fund of the City and may be used for such public purposes as may be designated by the City Commission. SECTION FOUR. Severability. If any section, subsection, sentence, 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 provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FIVE. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 2 SECTION SIX. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1995. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED April 20 , 1995 READ FIRST TIME April 18 , 1995 READ SECOND TIME AND ADOPTED , 1995, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY & LARDNER By: City Attorney c:1WP51\DOCSI000MORDINA$C.2I4,I 5I lswolS ISWZ 3