4513 City Cemetery facilitiesOrdinance No. 2019-4513
An Ordinance of the City of Sanford, Florida relating to the
City's Municipal Cemetery; providing for fees and registration
relative to City cemetery facilities; providing for confirmation
and a map of City ownership and operation of the City's
Municipal Cemeteries; providing for the establishment of fees
and charges by adoption of resolutions; providing for the
taking of implementing administrative actions such as the
adoption of administrative rules; providing for a savings
provision; providing for codification and scrivener's errors;
providing for severability; providing for conflicts and an
effective date.
Whereas, the City of Sanford owns and operates the cemetery
facilities; to wit: the City's Municipal Cemetery, which comprises of the areas
known as Evergreen, Lakeview and the Crawford Addition as shown on the map;
Whereas, the City Commission of the City of Sanford enacted Section
24-1 of the City Code relating to the rules of operation pertaining to the City's City
Municipal Cemetery; and
Whereas, Chapter 497, Florida Statutes, generally regulates
cemeteries within the State of Florida; Section 497.260(1) (b), Florida Statutes,
provides that: "(1) The provisions of this chapter relating to cemeteries and all
rules adopted pursuant thereto shall apply to all cemeteries except for: (a) ....
(b) County and municipal cemeteries...."; and
Whereas, the City Commission of the City of Sanford has the power
and authority to create and establish the rules set forth herein under the
controlling provisions of State law such as, by way of example only, the
provisions of Article VIII, Section 2 of the Constitution of the State of Florida and
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019088439 Bk:9416 Page:831-837 (713gs)
REC: 08/15/2019 3:05:23 PM by jeckenroth
RECORDING FEES $61.00
11Pave
the provisions of Chapter 166, Florida Statutes, and the controlling case law of
the State of Florida; and
Whereas, the City Commission of the City of Sanford desires to affirm
the means and methods of the City relative to the regulation of the City's
Municipal Cemetery.
Now, Therefore, be it Enacted By the People of the City Of Sanford,
Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance,
the City staff report and City Commission agenda memorandum relating to the
application and the proposed vacation of the right-of-way as set forth herein.
(b). The City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance.
Section 2. Map; Designation Of Areas Of The City's Municipal
Cemetery; Registration; Declaration Of Control And Ownership. A new
section of the Code of Ordinances of the City of Sanford, Florida is created to
read as follows:
(a). The attached map, which is an exhibit to this Ordinance and which
is incorporated herein by this reference thereto, constitutes a material and
substantive part and provision of this Ordinance.
(b). Notwithstanding the fact that various forms of deeds, indentures
and documents of a similar nature have, throughout time, been issued and
recorded purporting to convey private interests in the land constituting the City's
Municipal Cemetery; those documents are found to merely transfer burial rights
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as to certain interests owned by various parties who procured the right for burial
within the Cemetery. These documents are hereby found to not affect the fact
that the City owns and holds plenary fee simple title and the powers relating
thereto relative to the properties constituting the Cemetery.
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized to take all necessary
actions relative to implementing the provisions of this Ordinance such actions to
include, but not be limited to, the promulgation and adoption of administrative
rules.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are
hereby repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word, or portion of this Ordinance not otherwise determined to
be invalid, unlawful, or unconstitutional.
Section 6. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to
any and all actions and activities of the City pertaining to the use of, or regulation
of, its cemetery facilities, or of an associated nature, are hereby ratified and
affirmed.
Section 7. Codification; Scrivener's Errors.
(a). Section 2 of this Ordinance shall be codified and all other sections
shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do
not affect the intent of this Ordinance, as determined by the City Clerk and City
Attorney, may be corrected with the endorsement of the City Manager, or
designee, without the need for a public hearing.
Section 8. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 12th day of August, 2019.
Attest:
Ovnocuelvm 0 U01 I FOR M
Traci Houchin, City Clerk, CMC, FC
Approved as to form and legal sufficiency.
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William L
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City Commiss
Sanford, Floris
City of
CITY MUNICIPAL CEMETERY REFERENCE MAP — May 2019
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FOR SCANNH
CITY OF
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aANFORD` FLORIDA Item No. TA
CITY COMMISSION MEMORANDUM 19- 176
AUGUST 12, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Lonnie N. Groot, Assistant City Attorney and
Owen Christopher Smith, Project Manager and
Robert Beall, Parks and Grounds Manag
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager r-0
SUBJECT: Ordinance No. 4513 Relating to City Municipal Cemetery Designation and
Ownership.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
This is a request for the City Commission to adopt Ordinance No. 4513 relative to the
acknowledgement, designation and area of control and ownership of the entire area known as the
City Municipal Cemetery.
FISCAL/STAFFING STATEMENT:
Ordinance No. 4513 will resolve title issues, reduce confusion and controversy which will result in
saving staff time as to actual ownership of certain real properties owned and maintained by the
City.
BACKGROUND:
The provisions of Ordinance No. 4513, as proposed for enactment will accomplish the following:
(1). Adopt a map delineating the boundaries of the City of Sanford Municipal
Cemetery comprising of. Lakeview, Evergreen and Crawford cemeteries.
(2). Provide that the various forms of deeds, indentures and documents of a
similar nature used over time purporting to convey private interests in the
land constituting the City Municipal Cemetery merely transfer burial rights as
to certain interests owned by various parties who procured the right for burial
within the aforesaid cemeteries. Further, the Ordinance established that these
documents do not affect the fact that the City owns and holds plenary fee
simple title and the powers relating thereto relative to the properties
constituting the Cemetery of a united parcel of approximately 27.3 acres in its
totality.
The intent of Ordinance No. 4513 is to resolve and dispel any conflict or confusion that the City
owns the land area known as the City Municipal Cemetery and moves the City in the direction of
resolving potential title issues.
LEGAL REVIEW:
The Assistant City Attorney has assisted in the preparation of this agenda item and ordinance and
recommends approval. It is noted, with regard to any and all fees and charges adopted by the City
relative to the City Municipal Cemetery, those fees shall be applicable to any and all parts of the
Cemetery. Any unpermitted entry upon or use of City owned property, such as the City Municipal
Cemetery are unlawful and constitute a trespass. Any assertion of the right to bury deceased
persons in the City Municipal Cemetery without lawful authority and the payment of all fees due
to the City could constitute fraud and theft.
The City Commission approved the first reading of Ordinance No. 4513 on July 22, 2019.
The City Clerk published notice of the 2°d Public Hearing in the Sanford Herald on July 28, 2019.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4513 relative to the City
Municipal Cemetery designation and ownership.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4513."
Attachments: Ordinance No. 4513
Cemetery Cross -Hatched Reference map, dated May 2019.'