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O97-31 ORDINANCE NO. 097-~'/ AN ORDINANCE OF THE CITY COMMISSION O/~' THE CITY OF BOYNTON BEACH, FLORI/D'A, AMENDING PART,, II, CHAPTER 16, ARTIC.,L/E I, SECTION 16-5 POWERS AND DUTI/E,S OF BOARD," OF THE CODE OF ORDINA.bt~ES TO CREATE SUBSECTIONS (h) THROUGH (I), PROVIDING ADDITIONAL DUTIES, POWERS, AUTHORITY, AND FUNCTIOI~ TO THE RECREATION AND PARKS BOARD; PROVIDING FOR CONFLICTS, SEVERABIL,~3'Y, CODIFICATION AND AN EFFECTIVE DATE./ / WHEREAS, the City of Boyn~_/ Beach has determined that it is necessary to reduce the overlap bet~en city boards' functions and duties; and / WHEREAS, the City Com/m'ission desires to grant to the Recreation and / Parks Board the funCtions an,~/duties formerly held by the Board of Governors of / - the Municipal Cemetery, a~a_/the Cemetery Board; and WHEREAS, the~ity Commission of the City of Boynton Beach deems it to / be in the best inter/~sts of efficiency and the general welfare of the citizens of / ~o~,.]t~:~B~ea~c~h//X~O~.l::)~r.(::)v~.t~hese additional powers, functions and duties to the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Part II, Chapter 16, Article I, Section 16-5 is hereby amended by adding subsections (h) through (I), by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: (h) To establish rules and re,qulations, as necessary, for the Pa~ks and Recreation Bd Duties 1 6/3/97 management and control of any cemetery, including mausoleums, owned and operated by the city, and for the conduct of the board'~ business, not inconsistent with the provisions of Chapter 6 of thi~ Code, and in addition thereto, shall comply with, abide by and enforce the provisions of Chapter 6 to the extent that monies are (i) (k) made available for the necessary perpetual care, upkeep, maintenance and improvements to the municipal cemetery by the trustees of the cemetery trust fund established pursuant to Section 6-3 of this Code. The board shall keep an accurate record of all receipts and expenditures as it relates to the city owned and operated cemetery, and shall from time to time, as requested by the city council, make an itemized detailed report showing the financial condition as the same pertains to the cemetery, including any and all other matters which may be requested of the council. The board may lay out, alter, or close such avenues, drives or walks within cemeteries. The board may from time to time make such rules and regulations for the administration and improvement of the cemetery as they may deem requisite and proper in order to secure and promote its general purpose and benefit. The city commission, through this Board an in the interest of the general welfare, reserves to itself the right or preventing the removal or the right to remove any erected structure, enclosure, monument, inscription, tree or shrub on a cemetery, which it shall consider injurious to the immediate locality or prejudicial to the appearance of the grounds. Section 2. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Parks and Reoreation Bd Duties 6/3/97 2 ordinance. Section 4. Section 5. passage. FIRST READING this /~' day of June, 1997. SECOND, FINAL READING AND PASSAGE ,1997. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner S:CA'~Ord'~P&R 6~9~97 Parks and Recreation Bd Duties 6/3/97 3