Fort Walton Beach Ordinance — 1824 - exempt cost of cemetery plot for certain persons — reading text

ORDINANCE 1824 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 10. 10. 15, ENTITLED COST, PAYMENT FOR LOTS, CRYPTS, NICHES, OF THE CODE OF ORDINANCES BY ADDING SECTION 10. 10. 15. 1 ENTITLED " EXEMPTION FOR CERTAIN PERSONS;" DEFINING ELIGIBILITY; PROVIDING FOR VERIFICATION OF STATUS; PROVIDING FOR ASSIGNMENT OF CEMETERY PLOT OR WALL NICHE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS Section 1. Authority and Intent. The authority for enactment of this ordinance is section 166.021, Florida Statutes 2009), and provisions of the City Charter. The City Council hereby declares that it is a policy of the City that certain eligible persons who served either the City or the Nation and have been killed in action in the performance of their duty may be provided a grave plot or wall niche in a City cemetery at no cost. Section 2. Amendment to Section 10. 10. 15 Cost, Payment for Lots, Crypts, Niches: Section 10. 10.15, of the Code of Ordinances, is amended as follows: 10. 10. 15 Cost, Payment for Lots, Crypts, Niches: Each cemetery lot, mausoleum crypt or cremains niche must be paid for prior to interment. Any cemetery lot, mausoleum crypt or cremains niche shall be paid for in full or by an agreement to purchase the same in installments which shall be executed with the city. Such agreements shall be prepared by the city manager and shall designate the type of interment, specific location, and price and terms. A minimum down payment of 20 percent, the number of months of the agreement, the interest rate of nine and one- half percent simple interest), and the payment amount shall be specified in the installment purchase agreement. " Immediate family," as used in this section, means a spouse, parent, child, grandparent, brother, sister, mother- in-law or father-in- law. Section 10. 10.15.1 Exemption For Certain Persons Any sworn ~ olice officer or certified firefighter employed by the city at the time of death and any active duty~ Reserve or National Guard member of the United States Armed Forces ( Army~ Navy~ Air Force~ Marine Corps~ Coast Guard) whose residence at the time of death is within the city limits~who has been killed in the line of duty is eligible for a city cemetery plot or wall niche at no cost. Prior to the  commencement of interment~ the city shall verify the eligibility of any person whose remains are to be interred pursuant to this policy. The city reserves the right to determine which city cemetery plot( s) or wall niche( s) are available for use by eligible persons and to assign a plot or niche. Section 3. SEVERABILITY Should any section or provision of this ordinance, be found or declared invalid, such decision shall not affect the validity of the remainder of the sections and provisions of this ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted by the City Council on this rJ/l day of IJ'ld , 2010. I!~~ f MIke Anderson, Mayor A New language is underlined Deleted language is striekefl Codification: Section 1, 3, 4, are not codified; section 2 amends section 10. 10. 15 as stated. Ord. 1824 Page 2 of2  IWRIMY/EST HOR IDA Daily News Published Daily Fort Walton Beach, Florida Distributed in Okaloosa, Santa Rosa & Walton Counties Legal '785S- . CITY OF FORT WALTON' State of Florida QEACH, FLORIDA, ' NOTICE OF PUBLIC County of Okaloosa HEARING A PUBLIC HEARING will be held , on. the ,'fol- lowing, ,'prOposed ' ordi- nance at 6:00 p." l. on Tuesday,' March " 23,, 2010, ' irl the, Council who on oath says that ( s) he ChamberatFcirt Wal~ ton Beach, City , Hall, I cludes", ' the testimony 107 Miracle , Strip Park- and evidence' upon is of the Northwest Florida Daily News, a daily which the appeal is to way, SW, at : which time the , City Council, will be based consider ',' ,its' ,', adoption F~ 286. 0105).. Florida; newspaper published at Fort Walton Beach, in Okaloosa County, into law,' The ordinance in its entirety , 'may,' be The City of. fort, Walton Lt 7G 21 inspected at the' Office Be~ch adheres to' the . F that the attached copy of advertisement, being a of Americans' with Disabil- theCit}l Clerk during ities Act and will make regular working hours, in the matter of J1 {)~ I-/ (' -.-{ _ All interested' parties may , appear , at' the meeting ,' and pe heard reasonable modifica- tions for, access to this meeting . upon ' request with respect to this pro- Please ca!1 the' City D rdi J1 tf.-I)u If rJ..cf posed ordinance. Clerk, 850- 833-9509 at Helen.' Spencer to ORD. 1~ 4" make ' a request. For Hearing Impaired dial Court, was published in said newspaper in the issues of City Hall TOO 85,08-33- AN ORDINANCE OF THE CITY COUNCIL 9925' ' or 1- 800,. 955- fYJ~ /; t tJIO OF' '" THE FORT , CITY,' OF WALTON 8771 ( TOO) 955- 8710 ( VOICE).