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HomeMy WebLinkAboutOrdinance 95-15 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 vm 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;Perpetual Care FuBd. ~ 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. In ftll effort to guanmtro the perpetual maiBteBaftCe of this cemetery, the City Commission hereby establishes a Pctpetual Care Fand. As of fiscal year 1990 and Hntil sHch time as sHffieient fuBds have bOOR set aside ifl a bank fuBd, all revenues received by the City for the cemetery shall be deposited in that said named fuBd to gH81llfl.tce that the yearly interest gained by said fund shall be sufficieflt to maimaiR the cemetcry ifl perpetuity. 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 struck through; 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 J'vtA-y ,1995. APPROVED: CITY OF OCOEE, FLORIDA ~~~ ATTEST: (SEAL) ADVERTISED April 20 , 1995 READ FIRST TIME April 18 ,1995 READ SECOND TIME AND ADOPTED /VI At ).. , 1995, UNDER AGENDA ITEM NO.~. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS T~ fORM AND LEGALITY this .2d. day of {t~ ' 1995. FOLEY & LARDNER By: (jJ(~ City Attorney C:IWP51 IDOCSlOCOEEIORDINANC.214/10195 I 18W015 ISWZ:dp 3