Loading...
HomeMy WebLinkAboutVII (D) Discussion re Annexation of Historical Black Cemetery Agenda 01-21-2003 Item VII D FOLEYCLARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0101 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: January 15, 2003 RE: Annexation and maintenance of"colored" cemetery The so-called "colored cemetery" is an abandoned cemetery that does not have an owner of record. Typically the annexation of property requires a petition by the property owner, which is not possible in this case. There is no specific procedure for the voluntary annexation of lands that do not have an owner of record. Should the City Commission desire to annex the property, it is my recommendation that the City proceed as if the City is the owner of record and annex the property as a voluntary annexation. If no challenge is filed within 30-days of adoption of the annexation ordinance, then the annexation cannot later be challenged. This would bring the property within the jurisdiction of the City as an abandoned cemetery. If the cemetery is annexed, then the City can assert jurisdiction under Section 497.345, Florida Statutes, (copy attached) which addresses abandoned cemetery's that have not been reasonably maintained for a period in excess of 6 months. The City would have jurisdiction, upon notice to the State of Florida Department of Banking and Finance, to take such action as is necessary to provide for the maintenance and security of the cemetery. The statute also specifically authorizes the solicitation of private funds and the expenditure of public funds for this purpose.Any such activities by the City would not obligate the City to assume ongoing maintenance and security. Both the City and any person operating under the direction of the City providing maintenance and security for the abandoned cemetery would be protected against any damage claims. The City could enter in an agreement with a private organization to raise funds for the maintenance and security of the abandoned cemetery and for such organization to provide the maintenance and security, all pursuant to a plan approved by the City. Attachment FOLEY 8 LARDNER FOLEYCLARDNER 497.345 Abandoned cemeteries; immunity; actions.— (1) Notwithstanding any provision of law to the contrary, a county or municipality which has within its jurisdiction an abandoned cemetery or a cemetery that has not been reasonably maintained for a period in excess of 6 months may, upon notice to the department, take such action as is necessary and appropriate to provide for maintenance and security of the cemetery. The solicitation of private funds and the expenditure of public funds for the purposes enumerated in this subsection are hereby authorized, provided that no action taken by a county or municipality under this subsection shall establish an ongoing obligation or duty to provide continuous security or maintenance for any cemetery. (2) No county or municipality nor any person under the supervision or direction of the county or municipality, providing good faith assistance in securing or maintaining a cemetery under subsection (1), may be subject to civil liabilities or penalties of any type for damages to property at the cemetery. (3) A county or municipality that has maintained or secured a cemetery pursuant to the provisions of subsection (1) may maintain an action at law against the owner of the cemetery to recover an amount equal to the value of such maintenance or security. 2 To: City Commissioners and Mayor City Manager,Jim Gleason From: West Orange Reconciliation Task Force Subject: Proposal Regarding"Negro Cemetery" Memorial We are offering this proposal hopeful that you will provide your material and financial support to create and maintain an appropriate "memorial" site at the old "Negro Cemetery" with the following understandings: I. That the City of Ocoee would annex the site and provide the general grounds keeping and site maintenance for the area. 2. That the City of Ocoee would implement an appropriate access plan to the site itself. 3. WORTF and the City work together to provide a survey to ascertain the location of the graves within the area. It is thought that such services may he available to the City via governmental channels of the State of Florida. Should this not he the case, WORTF will pursue, independently, contacts within the community. state universities(etc.)and provide funding for this effort. 4. WORTF would plan and provide the creation of (in consultation with the City's maintenance and other proper authorities) a memorial concept that will not be a "cemetery" per se, nor a "park/playground", rather a "sacred space" for reflection. Our current concept includes: a vegetation buffer perimeter, park benches, and an appropriate memorial/monument. The creation of the memorial, benches, vegetation, would be promoted as a civic event and funded by WORTF. Note that it may be possible, with proper survey data, to create a round-a-bout access lane that would permit parking for the visitors within the confines of the memorial area itself(similar to cemetery round-a-bouts). Other refinements could he made. Naturally, we see this as a significant further step in enhancing our own goals of addressing issues of reconciliation and the strengthening of race relations in Ocoee. We also hope that the City will see what we feel is a significant benefit to our reputation as an open and intentionally inclusive community, helping to erase the unfortunate legacy that we have endured for far too long. We do also believe that the project can provide additional visits, positive "press-' potential, allow promotion or joint activities among civic groups, and provide additional exposure for Ocoee in the academic realm. Thank you in advance for your support. Respectfully yours, WORTF Bryan C. Stamper, PH.D.,Co-chair