05-25-5392
25, 1953
Regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambers at 7:30 P.M. with Mayor L.D. Kern
in the Chair, and Acting City Attorney Harry T. Newett, City Manager
Robert Lovelace, and the following Councilmen present: ~. A. Jacobs,
R. J.Holland, John N. Kabler, and Mrs. Alma K. Woehle, a quorum beiing
present.
Upon recommendation of City Manager Lovelace that plans For the
Joe Rose building, located on the N. Federal Highway at 4th Street,
be approved, Councilman Kabler moved that permit be granted. The
motion was seconded by Councilman Holland, and upon call of roll
carried unanimous ly.
The application For license to sell beer and wine at "The Sail
Inn", at 613 N.E. 8th St., Filed by Mr. Michael ~atrick Corrigan
on May llth, was discussed. Mr. Lovel~ce advised the Council that
Mr. Corrigan had informed him that Father ~ellaghan had assured
him that the Catholic Church does not object to t~is license, and
recommended its approval. Upon motion of Councilman Holland, se-
conded by Councilman Kabler, and unanimously carried, a beer and
wine license was granted to Mr. Corrigan at the above address.
A petition requesting the opening and paving of S.E. 9th St.,
be%ween 2nd and. 4th Avenues, was filed by property owners in that
vicinity. After discussion, a motion was made by Councilman Kab-
let that this improvement be placed on the priority list of the
revolving improvement fund. The motion was seconded by Co~mcilman
Holland, and upon call of roll carried unanimously.
A tabulation of bids recieved at 4:30 P.M~ on May 20th for Water
Distribution System Railroad and Intracoastal Waterway Crossings,
which were opened at that time by the City Manager in the presence
of Mrs. Margaret Barr, Mr. J. Fred Chapman representing Smith &
Gillespie, Engineers, and Earl Harvel and Howard L. Cromer, was
filed as follows:
PART "A" PART "B"
Item 1. Item 2. Item 1.
Powell Brothers
Ft. Lauderdale, Fla. $8,000.00 $5,200.00 $17,500.00
(Total...$12,200.00)
Intercounty ~onst. Corp.
328 E.$unrise Blvd.
Ft. L~uderdale,Fla. 4,200.00 ~,700.00 No bid
(Total... $6,900.00)
Smith-Sweger Const. Co.
501 S. Myrtle Ave.
Clearwater, Fla. 2~ 900.00 1.700.00 17,.200.00
(Total... $4,600.00)
Murphy Const. Co.
P.O. Box 825
West Palm Beach, Fla. 5,345.00 2,988.00 12,750.00
(Total...$8~ 333.00)
Howard Lee Cromer
420 N.E. 1st St.
Delray Beach, Fla. 3,920.00 2,250.00 No bid
(Total...$6,170.00)
Mr. Lovelace recommended that the Following low bids be accepted:
Part "A" - Item 1 - Howard L. Cromer in amount of $3,920.00
Part "A" - Item 2 " " " " " " 2,250°00
Part "B" - Item 1 Murphy °onst. Co." " " 12,750.00
A motion was made by Councilman Holland and seconded by Council.
NAY ~5, 1953
man Kabler, that contracts be awarded as recommended, and upon call
of roll the motion carried unanimously.
A letter from the Zoning and Plan~i~'~.g Board with reference to
a request filed by George B. Courtney to erect a sign on his proper-
ty at the corner of the N. Federal }tighway and 2nd Street, without
complying with set-back regulations, was r.?ad as follows:
"May 14, 1953
Members of the City Co~mcil
Delray Beach, Florida
Gentlemen:
The Zoning and Planning Board met on May 5th and again on May
12th, to consider the application filed by Mr. George B. Courtney
to erect a sign on his property on the northeast corner of N. Fed-
eral Highway and 2nd Street, known as Ray's Drive-In Restaurant,
which would not conform with set, back requirements under our Sign
0rd inanc e.
After thorough consideration, it was the interpretation of
this Board that any object 6' or more above the crown of the abut-
ting road-way is not a traffic hazard. In this instance, with two
sup.norting columns of 4" each, which would not obstruct vision to
the exten~ of creating a hazard, we reconnnend that a Special Permit
be granted Mr. Courtney to erect the proposed sign, at least 6'
above the crown of the abutting road-ways, providing there is noth-
ing beneath the base of the sign and the ground.
Very truly yours,
DELRAY B~CU ZONING & PLANNING BOAI~)
BY: /S/ Kenneth Jacobson
Chairman"
After discussion by the Council, a motion was made by Co~mcilman
Holland that the recommendationof the Zoning and Planning Board be
approved. The motion was seconded by Councilman Kabler, and carried
unanimous 1 y.
~r. Lovelace presented a letter filed by the Plumbing Inspector
pertaining to an examination given on May 16, 1953.
"May 19, 1953
City Manager
City Council,
Delray Beach, Fla.
Dear Sirs:
Two plumbing examinations were given here at the City Hall on
Saturday, May 16, 1953. The first one for a Master Plumbers license
was given to Mr. Cooper Senn of Lake Worth whose grades are as fol-
lows:
Oral 100~
Writ ten 94~
loo
Drawl. rig
for an average grade of 98%.
The second examination for a $ourneymans license was given to Hr.
Evan Stokes of Delray Beach whose grades were as follows:
0ral 90~
Written 65fo
for an average grade of 77~.
The Plumbing Board recommends that both of these licenses be is-
sued.
Respectfully~
/S/ Ralph A. Hughson
Plumbing Inspector~
94
MAY 25, 1953
Upon motion of Mrs. Woehle, seconded by Councilman Kabler, and
unanimously carried, recommendations of the Plumbing Board were ac-
cepted, and Mr. Cooper Senn was granted a Master Plumber's license
and Mr. Evan Stokes was granted a Journeyman Plumber's license.
A letter from the Electrical Inspector pertaining to an Elec-
trical examination given on May 21st, was then read as follows:
"May 22, 1953
City Manager
City Council
Delray Beach, Florida
Gentlemen:
The Electrical Examining Board met in the Council Room at the
City Hall on May 21, 1953, to grade the examination papers of
Mr. Chester Lee Lawson of Fort Lauderdale and Mr. Robert Lewis
of Delray Beach. The grades were as £ollows:
Mr. Lawson 75%
Mr. Lewis 53-3/4%
It is recommended by the board that Mr. Lawson be granted a
Masters license and Mr. Lewis's application be denied at this time.
Sincerely,
/S/ R. A. Hughson
Electrical Inspector"
Upon motion of Mrs. Woehle, seconded by Councilman Kabler, and
unanimously carried, Electrical Contractor's license was approved
for Mr. Chester Lee Lawson of Ft. Lauderdale, and license was denied
Mr. Robert Lewis of this City, as recommended.
A request filed by the Plumbing Inspector that the time of hold-
ing plumbing examinations be changed to the third Monday of each
month, was read as follows:
"May 19, 1953
City Manager
City Council
Delray Beach, Florida
Dear Sirs:
The Plumbing Board wishes to request that Ordinance
Sec. 2, last paragraph, be amended to change tile time of the exam-
inations to the third Monday evening of each month, whenever such
examination is requested by an applicant.
Sincerely,
/S/ Ralph A. hughson
Plumbing Inspector"
The following Ordinance was then presented, to amend the City
Code as requested, and same was read in full:
AN ORDINANCE OF TIIE CITY COUNCIL OF THE
CITY OF DELP~Y B~ltCtt, FLOI{IDA, AM~DING
SUB-SECTIONS a and b OF SECTION 3 OF
CHAPTER XlI OF THE CITY CODE OF TIIE CITY
CODE OF T~iE CITY OF DELRAY BEACH, AS AMEN-
DED, PERTAINING TO THE EXAEINATIONS FOR
PLUBMING C~IiTIFI GATES.
Upon motion of Councilman Holland, seconded by Councilman aabler,
and unanimously carried, the foregoing Ordinance was placed on first
reading.
The following Ordinance was then brought up for second and final
reading and same was read in full:
~Y 25, 1953
ORDINANCE NO. G-164
AN ORDINANCE OF THE CITY COUNCIL OF l~4E
CITY OF DF~LP~kY BF~kCH, FLO:-~IDA, I[EPF~ALING
ORDIN~X C g G-163
BE IT 0¥~)AINED BY TIlE CITY COUNCIL OF THE CITY OF t)EL[~AY BEACIt,
FL0!tIDA, AS FOLLOWS:
Section l: It has been determined that Ordinance G-163, passed
on second an~ final reading April 28, 1953 is invalid, for failure
on the part of the Zoning Commission to hold a public hearing.
Section 2: That Ordinance G-163 for the above reason stated~
is hereby repealed.
PAS~MD in Regular Session on second arid final reading on this
the 25th day of May, A.D., 1953.
/s/
Mayor
AT T~S T:
/S/ Marie W. Williams
Acting City Clerk
(Seal)
1st Re,~ding: May ll, 1953
2nd Reading: May 25, 1953
Pas.~ed and Adopted: May 25, 1953
Upon motion of Councilman Holland, seconded by Councilman Kabler
and unanimously carried, the foregoing Ordinance No. G-164 was passed
and adopted as read.
City Manager Lovelace then presented proposed I~ules and Regula-
tions for operating and maintaining the new Cemetery exte~mion, as
follows:
These Rules and Regulations were adopted by the City Council of
the City of Delray Beach, Florida, at the regular council meeti~g
of May 25, 1953.
INTRODUCTION
For the mutual protection of all purchasers . £ lots or plots
in the ~elray ]~':each Cemetery, lhe following rules and regulations
shall govern the ownership, use and control of all of said lots or
plots, as well ~s any amendments which may hereafter be adopted by
the City Council of Delray Beach; and the reference to these rules
and regulations in the Certificate of Ownership or in the O:)lion
Agreement, or ir;. the recordedt~plat shall have the same force and
effect as if t'"ese rules and a~nendme~ts were set o~£ therein in Cull.
The title to all land shown o~ the official plat of [he Oelray Bea.ch
Ce,~ehery, recorded in ~lat Book ~;o. 1, page 4, of the public re-
cords of P~lm Beac:~ Coun,*,y, Florid~.~ is vested in amd shall remain m
vested in the City of Delray Beach~ a municipal corporation, of
Florida.
SECTION I
Definitions
RUI~ 1. Cemetery-- The term "Cemetery" is hereby defined as a
burial park for earth interments.
RULF~ 2. Plot-- The term ~plot" shall apply to a space of suf-
ficient size to acconm~odate one adult interment, ap!~roximately 3xlOf t.
95
MAY 25, 1953
RU~E 3. Lot-- The term "lot" shall apply to numbered divisions
as shown on the Record Plat, which consists of 4 or more plots.
RULE 4. Interment-- The term "interment" shall mean the perma-
nent disposition of the remains of a deceased person by cremation
and inurnment and burial of the urn, or burial.
RULE 5. Memorial-- The term "memorial" shall include a monument,
marker, tablet, headstone, private mausoleum or tomb for family or
individual use, tombstone, coping, lot enclosure, and surface burial
vault.
RULE 6. Monument-- The term "monument" shall include a tombstone
or memorial of granite or other material, which shall extend above
the surface of the ground.
RULE 7. Marker-- The term "Marker" means a memorial flush with
the ground.
RULE 8. Lot Marker-- The term "lot marker" means a concrete
or suitable material used by the City to locate corners of the lot
or plot.
RULE 9. Certificate of Ownership-- The term "Certificate of
Ownership" shall apply to the original conveyance given by the City
of Delray Beach to the original purchaser.
RULE 10. Owner's Declaration of Reservation-- The term "Owner's
Declaration of Reservation" shall apply to the document executed by
the owner in U~.e .~resence of the iqanagement, designating and specify-
ing the person or ~ersons entitled to burial in the lot or plot for
which a Certificate of Ownership is held.
RULE 11. City, City Council and Management--Whenever in these
rules the word. "City" is used, it shall apply to and mean the City
of l)elray Beach, a municipal corporation of Florida. ;fhenever the
words "City Council" are used herein, same shall mean and apply to
the City Council of the City of Delray Beach. Whenever the word
"Management" is used herein, it shall apply to the City Manager and
to his properly designated agents and employees of the City of Del-
ray Beach.
SECTION II
General Supervision
RULE 1. Admission to Cemetery-- The City of Delray Beach, a
municipal corporation of Florida, reserves the right to compel all
persons driving motor vehicles into Delray Beach Cemetery to bring
their machines to a full stop at the entrance and further reserves
the right to refuse admission to the Cemetery grounds, and to re-
fuse the use of any of the Cemetery facilities at any time to any
person or persons whom the Management may deem objectionable.
RULE 2. Maragement in Charge of Funeral--All funeral processi-
ons, on entering the Cemetery grounds, shall be under the control
and superfision of the Management. However, this rule shall not
alter the responsibility of the funeral director in being present
and conducting the burial services as provided by the laws of the
State of Florida and the rules and regulations governing the Ceme-
tery.
RULE 3. Casket Not To Be Disturbed-- Once a casket containing
a body. is within the confines of the Cemetery, no £uneral director,
or his embalmer, assistant, employee or agent, shall be permitted
to open the casket or to touch the body without the consent of the
legal representatives of the deceased, or without a court order,
or without a valid disinterment permit.
SECTION Ill
Interments and Disinterments Generally
RULE 1. Subject to Law-- In addition to these rules and regula-
tions, all interments, disinterments and removals are made subject to
the orders and laws of the properly constituted authorities o£ the
MAY 25, 1953
City, County and State.
RULE 2. Time and Charges-- All interments, disinterments and
removals must be made at the time and in the manner upon such
charges as fixed by the City Council of the City of Delray Beach.
RULE 3. Holidays-- No interments, disinterments, removals, or
interment services shall be permitted on Sundays, or on any of the
following holidays: New Year's Day, Memorial Day, Fourth of July,
Christmas Day, except in case of extreme emergency which shall be
determined by the Management. The City may refuse to make an in-
terment until a more expedient time if the remains arrive at the
Cemetery gate after 4:00 P.M. or if too many funerals arrive at the
same hour.
RULE 4. Notice-- The Management shall be notified at least
twenty-four (24) hours prior to any interment, and at least one (1)
week prior to any disinterment or removal, except in case of extreme
emergency which shall be determined by the ~'~anagement.
RULE 5. Ap~olication for Interment-- The Management reserves the
right in the absence of the Owner's Declaration of Reservation to
refuse interment in any plot, and. to refuse to open any burial space
for any purpose, except on written application by the plot owner of
record made out on blanks provide~ by the Management and duly filed
in the office of the Management.
RUI~ 6. Outer Boxes-- Every earth interment ,shall be made en-
closed in a concrete box, or in an outer wall of stone, brick, con-
crete, wood, or steel. An outer vault or box provided by the funeral
director under the supervision of the Cemetery Management.
RULE 7. Location of Interment Space-- When instructions regard-
ing the location of an interment space in a lot cannot be obtained,
or are indefinite, or when for any reason the interment space cannot
be opened where snecified, the Management may in its discretion, open
it in such location of the lot as it deems best and proper, so as not
to delay the F~neral; and the City of Delray Beach st,all not be liable
in damages for any error made.
RULE 8. Orders Given by Telephone-- The Management shall not be
held resoonsible for any order given by telephone, or for any mistake
occurrin~ from want of precise and proper instructions as to the
ticular space, size, and locetion in a lot where interment is de-
s ired.
RULE, 9. Errors May be Corrected-- The City of Del ray Beach shall
have the right to correct any error that may be ma.e by it either in
making interment, disinterment or removal, or in the description,
transfer or conveyance of any interment property, either by cancelling
such conveyance and substituting and conveying in lieu thereof other
interment property of equal value and similar location as far as
pos,-ible, or as may be selected by the Management, or in the sole dis-
cretion of the City of Delray Beach, by refunding the amount of money
paid on account of said p~u-chase. In the event such era'or shall in-
volve the interment of the remains of any person in a different loca~
tion, the Management shall have the right to remove and/or transfer
such remains so interred to such other property of equal value and
similar location as may be substituted and conveyed in lieu thereof.
The Management shall also have the right to correct any errors made
by placing an improper inscription, including an incorrect name or
date, either on the memorial or on the container for cremated remains.
RULE 10. Delays in Interments Caused by Protests-- The City of
Delray Beach shall in no way be liable for any delay in the interment
of a body where a protest against the interment has be(~n made, or
where the rules and regulations have not been complied with; and, fur-
ther, said City shall b~ve the right, under such circumstances, to
place body in a receiving vault until full rights have been determin-
ed. The Management shall be under no duty to recognize any protests
of interments unless they be in writing and filed in the office of the
Management.
99
~ay 25, 1953
RULE 11. Not Responsible for Embalming or Identity-- The Man-
agement shall not be liable for the interment permit nor for the
identity of the person sought to be interred, nor shall the Manage-
ment be liable in any way for the embalming of the body.
RULE 12. No Interment Permit~Jed Unless Property Paid for-- No
interment shall be permitted on, or memorial placed in or on, any
lot or plot in Delray Beach Cemetery where the purchase price there-
for has not been paid in full, except as provided in Rule 13.
RULE 13. Lot ~urchase by Installments-- The City of Delray
Beach will sell a lot on the time payment plan to a person with a
credit rating acceptable to the City of Delray Beach in the following
manner:
A - Upon receipt of the full price for one plot (~21 or
$15), plus a proportional payment for perpetual care ($1.50 per
square foot equals $45) plus six cents per square foot to cover
two years of care For the balance of the lot, the City shall
issue an "Option To Buy" covering the particular Cemetery lot.
B - Such option shall bind the balance of the lot for a
period of two years from the date of the initial payment. During
this two year period the balance of the lot may not be sold to any
other purchaser, but, after two years, if the holder of the option
has not paid for and secured a Certificate of Ownership covering
the entire lot, then the City of Delray Beach, in its discretion~
may sell the remaining unconveyed plots in the lot as the Management
may decide.
C - Partial oayments may be made in any amount convenient
to the purchaser, but no burial will be permitted in any plot not
paid For in full.
RULE 14. Price of Lots-- Ail lots are .ten feet in length, so
that orices will vary only with the width and location of the lots
as variables. Mlevations Fall away From the center circle~ so that
lots nearest the circle are highest. Prices of lots shall reflect
only the actual costs of ~e acquisition of the land, and the devel-
opment of t~e Cemetery, without profit.
For the northeast quadrant of the Cemetery addition, therefore,
established orices shall be:
~?.00 per foot of width for those lots lying between the main transverse walkways and the center circle.
$5.00 per foot of width for those lots lying outside the main walkways.
(Note: :~'hese ~rices shall apply only to the nort~east quad-
rant, currently (0953) being developed and opened, and
that prices of the southeast and southwest quadrants,
when developed, shall not necessarily be the same, but
shall reflect costs at the time they are developed).
RULE 15. Interment of Hove than One Body-- Not more than one
body, or the remains of more than one body, shall be interred in
any one grave, except in the case of a ~nother and new-born babe,
unless such grave has bec, n purchased with the written agreemer, t
that more than one body, or the remains of more than one body, may
~e interred, or ))y written consent of the Management, and provided
proper identification is made of ~uch interme~t or interments on
one regula~ion marker.
RULE 16. Interment Restricted-- The use of any lot or plot in
the Cemetery for burial purposes is restricted to the interment of
the remai~.s of persons of thw white pure Caucasion race only. i'he
~)urden of proof of showing that the deceased is of the white pure
Caucasion race shall rest upon the plot or lot owner.
I{UL!'; 17. Interment in Churc~:~' or Lodge i'lot-- ~here a lot is
owned by a church, lodge or other society, interments shall be limi-
ted to the actual members of the organization, and/or husbands and
wives, and to immediate n,.e~bers of families of members, unless other-
}~.Y 25,~953
wise provided in the Certificate of Ownership.
RT~E 18. All Cemetery Equipment Must Be Osed-- Tents, artifi-
cial grass, lowering devices, an~] other eqaipment owned by the City
in connection with the operation o£ the Delray Beach Cemetery, shall
be used exclusively in making interments, disinterments and removals.
SECTION IV
Disinterments and Removals
RULE 1. Removal for Profit Prohibited-- Removal by the heirs
of a body or cremated remains so that the lot or plot may be sold
for profit to themselves, or removal contrary to the expressed er
implied, wish of the original plot owner, is repugnant to the or-
dinary sense of decency ~,nd is absolutely forbidden.
RULF~ 2. May Obtain Larger ~lot-- A body or cremated remains may
~e ~emoved from its original lot or ?lot to a larger or better lot
or plot in the Cemetery, where there has been an exchange or pur-
chase for that ~urpose.
RULE 3. Care in Removal-- The Management shall exercise the
utmost care in making a removal, but it shall assume no ~iability
for damage to any casket, burial case or urn incurred in making
the re,oval.
SECTION V
Service Charges
RULE 1. Payment of Service Charges-- The ch,nrges £or the services
in connection with an interment must be paid at the time of the is-
suance of the order for interment or disinterment and/or removal.
RULE 2. Established. Service Charges-- Service ci:arges are here-
by established to be as follows for the service indicated:
I~terment.. ............... .... ~ ..... $15.00
Disinterment ........................ 15.00
Marker Foundations .................. 5.00
Rental of Tent, Lowering Device,
grass ................ . ............ 10.00
SECTION VI
Burial Rights of Plot Owners
RULE 1. Right of Interment under Owner's Declaration of f{eser-
ration-- At the time of purchase of a lot or plot, or at any time
thereafter during the purchaser's or transferee's lifetime, an.l in
accordance with these rules and regulations, the owner, or owners,
of any such lot or plot may ,~resent his or her or their Certificate
of Ownership and execute in the office of the Management a Declara-
tion of Reservation, therein specifically designating the persons
entitled to be buried in any or all of the plots in said lot, or
vesting the right of designation for unreserved plots in a named
person. No other person may be buried in any plot designated by
the owner, or owners, in the Declaration of Reservation except by
an amended Declaration of l{eservation, executed by the owner, or
owners, in the office of the Management.
The owner, or owners, of any lot may in the Declaration of Re-
servation limit the person~ entitled to be buried in said lot to
those persons designated in the Declaration of l{eservation.
In the event the owner, or o~mers, fail to designate burial
rights as to each plot in said lot, or fail to limit burials in said
plot to those designated in the Declaration of Reservation, thcs,
as to the plots not designate~, the right of burial shall be as pro-
vided in Section VI, Rule 2, Paragraph (b) hereof.
lO0
Yi~Y 25, 1953
Upon application by any person for interment of a body in a
given plot, the burden of proof as to the identity of the person
to be interred rests upon the applicant; and no liability shall rest
upon or be chargeable to the City in case of a false statement in
said application, but the City will make diligent effort to see
that only persons entitled to be buried in a given plot are so in-
terred.
RULE 2. Right of Interment in Absence of Owner's Declaration
of I[eservation-- In the absence of a Declaration of Reservation by
the registered owner of a lot, the right of interment shall be in
the following order:
(a)One plot shall be forever reserved for the owner and
one for the owner's surviving spouse, if any.
(b) The remaining plots in said lot shall be held in trust
by the City for burial of the following persons in the
order of their death and a request for burial, to-wit:
(1) The children of the owner, or owners, and their
respective spouses.
(2) Lineal descendants of the owner, or owners, and
their respective spouses.
(3) Parents of the owner, or owners.
RUL]~ 3. Vested Eights of Lot Owners-- The barial rights in
all lots and plots conveyed sh. all be presumed to be the sole and
separate property of the person or persons named as grantee in the
Certificate of Ownership, in accordance with these rules and re-
gulations; provided, however, that the husband or wife shall have
a vested right of interment of ]~is or her body in any burial plot
conveyed to the other, w]~ich shall continue as long as he or she
shall remain the husband or wife of the plot owner or shall be his
or her wife or husband at the time of such plot owner's demise.
No conveyance or transfer s~.~all divest the husband or wife of an
owner of his or her vested right of interment without the joinder
tlierein executed by the spouse in the office of the Management.
RULE 4. Inalienability of Cemetery Plots-- All lots, the use
of which has been conveyed in a Certificate of Ownership, are in-
divisible.
Whenever an interment of the remains of a member, or of a rela-
tive of a member of the family of the record owner, or of the re-
cord owner, is ~nade in a lot, the lot thereby becomes inalienable
and shall be held as the family plot of the owner, except as other-
wise provided by Owner's Declaration of Reservation.
SECTION VII
Transfers or Assignments
~ULE 1. Cemetery Lots and/or Plots Not To Be Bequeathed-- No
Cemetery lot or plot may be bequeathed or devised by will as is
other property or real estate, nor shall same descend according
to the laws of descent and distribution.
RUIn, 2. Consent of the City of Delray Beach-- No transfer or
assignment of any lot or plot, or interest therein, shall be valid
without the consent in writing of the City M~nager, and-such trans-
fer or assignment must be executed in the office of the Management,
and upon forms provided by the City of Delray Beach. The original
Certificate of Ownership must be presented at the time application
for transfer is made.
RULE 3. Transfer of Option Prohibited-- The City of Delray Beach
will refuse to consent to a transfer of any option to purchase, where
a balance of the purchase price is still owing to the City
RULE 4. Transfer Charges-- All transfer of ownership in lots or
plots shall be subject to a ch~rge of $10.00, which charge must be
paid to the City of Delray Beach when the transfer is recorded.
25, 1953
RULE 5. City May Buy-- In the event the original lot owner
moves his residence from Delray Beach ~2ermanently, ant] is ~ot able
to find a suitable buyer for his lot, the City may buy back said
lot at the original ~)rice paid; provided, however, that a deduction
be tirade of ~10.00 for the tra~.sfer cl~a~"ge and $ .03 per square foot
for each squa. re foot of lot a]"ea ?er' ye;'.~· fl~om th.", (~_;:te of the ori-
ginz;1 purclqase m]til the time of the ~"epul-cbase by the City of Delray
Beach.
SECTION VIII
Control of Nork by City
RULE_-, 1. ~qork to be Done by City of Delray Beach-- Ail gradiug,
landscape ;york and improvements of any kind; all care on plots; all
Dlanting, tri.~uning, cutting and removal of trees, shrubs aha herbage;
all openings and closings of plots, and all interments, disinterments
and removals shall be made by the City of Delray Beach.
RULE 2. The ~ianagement }iust Direct and 51ay Remove Improvements--
All improvements or alterations of lots and plots in the Cemetery
shall be under the direction of, and subject to~ the consent, satis-
faction and approval of the 5~anegement and, should same be made with-
out its written consent, it shall have the riglt to remove, alter or
change such improvements or alterations at the expense of the plot
owner, or~ when in any event, at any time, in its judgment, they be-
come unsightly.
SECTI ON IX
Decoration of Plots
RU~E 1. Floral Regulations-- No Flower receptacles may be placed
on any ~lot unless of metal of approved size and design, an,l, in the
case of burial in a lot or plot, same shall be set wholly beneath
the level of the lawn. The 51anagement shall have authority to re-
move all floral desi~ns, flowers, weeds, trees, shrubs, plants, or
herbage of any kind, from the Cemetery as soon as, in the judgment
of the 5fanagement, they become unsightly, dangerous, detrimental or
diseased, or when they do not cor~orm to the standard maintained.
The City of Delray Beach shall not be liable for floral pieces, bas-
kets or frames in x~hich, or to ~-,ich, such floral pieces are attached,
beyond the acceptance of such floral pieces for funeral services held
in the Cemetery. The ~ianagement shall not be responsible for frozen
plants, or herbage of any kind, or for plantings damaged by the ele-
ments, thieves, vandals, or by other causes beyond its control. The
City Council reserves the right to regulate the method of decorating
plots so that a uniform beauty may be maintained. The 5ianage~nent re-
serves the right to prevent the removal of any flowers, floral de-
signs, trees, shrubs, plants, or herbage of any kind, unless its con-
sent is given.
RULE 2. Certain Orna:~ents Prohibited-- The placing of boxes,
shells, toys, metal designs, ornaments, chairs, settees, vases, glass~
wood or iron cases, and similar articles upon plots shall not be per-
mitred, and if so placed, the ,~ianagement reserves th~ right to remove
se.me.
SECTION X
Roadways and Replatting
RULE 1. i:~ight to Red, let, Regrade and Use Property-- The right
to enlarge, re¢luce, replaY, and/or change the boundaries or grading
of the Cemetery, or of a section or sections, from time to time,
including the right to modify and/.or change the locations of, or re-
move or regrade roads, drives and/or walks, or any ps, rts thereof, is
hereby expressly reserved. Tile ri, ght to lay, maintain and operate,
or alter or change pipe lines and/or gutters for spri'~:~kling systems,
drainage, lakes, etc., is also expressly reserved, as well as is the
right to use Cemetery property not sold to individual lot owners for
Cemetery ~urposes, including the interring of dead human bodies, or
for anything necessary, incidentel or convenient thereto. The City
of Delray Beach reserves to itself, and to those lawfully entitled
102
~¥ 25~ 1953
thereto, a perpetual right of ingress and egress over plots for the
purpose of passage to and from other plots.
SECTION XI
Conduct of Persons Within the Cemetery
RULE 1. Must Use Walks-- Persons within the Cemetery grounds
shall use only tlle avenues, walks, alleys and roads, and any person
injured while walking on the grass, except that being the only way
to reach his plot, or while on any portion of the Cemetery other than
the avenues, walks, alleys or roads, shall in no way hold the City
Delray Beach liable for any injuries sustained.
RULE g. Trespassers on Cemetery Plots-- Only the plot owner and
relatives shall be permitted on the Cemetery plot. ~ny other per-
son thereon shall be considered as a trespasser, and the City of
Delray Beach shall owe no duty to said trespasser to keep the pro-
perty or me~aorial thereon in a reasonal>ly safe
RULE 3. Children-- Children under fifteen years o~ age sh'all
not be permitted within the Cemetery, or its buildings, unless ac-
companied by proper persons to take care of them.
I'{U~LE 4. Flowers, Etc.-- All persons are prohibited from gather-
ing flowers, either wild or cultiva, ted, or breaking trees, shrabbery
or plants, or feeding or di.qtur~ing the birds or other animal, life~
within the Cemetery grounds.
llULE 5. Refreshments-- No person shall be permitted to bring
food or refreshments within the Cemetery.
[IUL~ 6. Lounging on Grounds-- Strangers shall not be permitted
to sit or to lo'.,.tnge on any of the grounds, graves or monuments in
the Cemetery.
RULE ?. Loud Talking-- No loud talking shall be permitted on
the Cemetery grounds within hearing distance of funeral services.
RULE 8. Rubbish-- The throwing of rubbish on the drives and
oaths, or on any part of the grounds is i~rohibited. Recept~cles
for waste material are located at convenient places.
RULE 9. Automobiles--Automobiles shall not be driven tIwough
the grounds at a gr,'~:,!(~r speed than fifteen miles per hour, and must
always be kept on the right hand side of the Cemetery roadw~.y. Auto-
mobiles are not allowed to park, or to come to a full stop in front
of an open grave, unless suc}~ aulomobiles are in att, end~nce at a
funeral.
IIULF~ 10. Bicycles and Motorcycles-- h~o bicycles or motorcycles
shall be admitted to the Cemetery except such as may be in attend ....
ance at funerals or on business.
RULE 11. Peddling or Soliciting-- Peddlir,g of flowers or
plants or soliciting the sale of any commodity is positively pro-
hibited within the confines of the Cemetery.
RI~oM 12. Firearms-- No firearms shall be permitted witch the
Cemetery except on special permit from the Management.
RULE 13. Notices and Advertisements-- No si~ns, notices or ad-
vertisements of any kind shall be allowed in the Cemetery unless
placed by the Management.
RULE 14. Dogs-- Dogs shall not be allowed on the Cemetery
grounds or in any of the buildiiags.
;IUI~ 15. Time Grounds Open-- The Cemetery gromads shall be
open from 8:00 A.M. to 4:00 P.M., except in case of extreme emergency
which shall be determined by the Management.
HAY 25, 1953
RULE 16. Improprieties-- It is of the utmost ~mportance that
there should be strict decorum observed at all times within the
Cemetery grounds, whether embraced in these rules or not, hence no
improprieties shall be allowed, and the Hanager shall have power to
prevent t~proper assemblages.
RULE 17. Hanagement to Enforce Rules-- The Hanagement is hereby
empowered to enforce all rules and regulations, and to exclude from
Delray Beach Cemetery any person violating the same. The Hanagement
shall have charge of the grounds and buildings, including the con-
duct of funerals, traffic, employees, plot o~ners and visitors, and,
at all times, shall have supervision and control of all persons ~n
the Cemetery.
SECTION
Fees, Gratuities and Commissions
RULE 1. Gratuities Hay Not Be Accepted by Employees-- No person,
while employed by the City of Delray Beach, shall receive any fee,
gratuity or commission, except from the City of Delray Beach, either
directly or indirectly, under penalty of immediate dismissal.
SECTION XIII
Protection Against Loss
RULE 1o ~en City of Delray Beach Not Responsible-- The City
shall take reasonable precaution to protect plot o~ners and the
burial rights of plot o~ners ~thin the Cemetery from loss or dam-
age; but it distinctly disclaims all responsibility For loss or dam-
age from causes beyond its reasonable control, and especially, from
damage caused by the elements, an act of God, common enemy, thieves,
vandals, strikers, malicious mischief makers, explosions, unavoid-
able accidents, invasions, insurrections, riots, or order of any
military or civil authority, whether the damage be d~rect or col-
lateral, other than as herein provided.
SECTION XIV
Change in Address of Plot Owners
RULE 1o Plot Owners Hust Notiffy Hanagement-- It shall be the
duty of the plot owner to notify the Hanagement of any change in his
post office address. Notice sent to a plot owner at the last address
on File in the office of the Cemetery shall be considered sufffic~ent
a~d proper legal notification.
SECTION XV.
Perpetual Care
RULE 1. Perpetual Care of Plots-- The term, "perpetual care"
used in reference to plots, shall be held to mean the cutting of the
grass upon said plots at reasonable intervals, the raking and clean-
lng of the plots, the pruning of the shrubs and trees that may be
placed by the CitY of Delray Beach, meaning and intending the general
preservation of the plots, grounds, walks, roadways, boundaries and
structures, to the end that said grounds shall remain and be reason-
ably cared for as Cemetery grounds forever.
RULE 2. Perpetual Care Exception-- The te~n "perpetual care"
shall in no case be construed as meaning the maintenance, repair or
replacement of any grave markers placed upon lots or plots, the plant-
ing of flowers or ornamental plants, the maintenance or doing of any
special or unusual work in the Cemetery; nor does it mean the recon-
struction of any bronze work on any section or plot, or any portion
or portions thereof in the cemetery, or buildings or structures,
caused by the elements, an act of God, common enemy, thieves, van-
dais, strikers, malicious mischief mkers, explosions, unavoidable
accidents, invasions, insu~rections, riots, whether the damage be
direct or collateral, other than as herein provided.
953
RULE 3. Investment of Perpetual Care Funds-- The .money re'--
ceived for perpetual care shall be held in trust and invested as
provided by law. The City Council reserves the right, however, ei-
ther to handle all investments itself, or to deposit said funds ~lth
any person, company or corporation qualified to act as trustee for
such funds.
RULE 4. Expenditure Limited to Income.-- Perpetual care, whe-
ther applied to lots, graves, or to any space within the confines of
the Cemetery, shall be l~ted absolutely to the income received
f~om the investment of the perpetual care fund-- no. part of the prin-
cipal being expended--anything herein stated to the contrary not-
withstanding.
RULE 5. Funds Hay Be Deposited with Others of Like Charac-
ter-- It is understood and agreed between the purchaser and the
City of Delray Beach that all of the perpetual care Funds shall be
deposited in the official depository designated by the City Coun-
cil to the end that the income from such accumulated perpetual care
fund shall be used in the general improvement and perpetual care
as' above defined; but in no case shall obli~ation of the Nanagement
be construed as a contract to care for any individual property or
space other than as above defined; and the perpetual care of the
Cemetery, shall be limited to such care as can be provided with the
net income received from the investment of such funds.
RULE 6. City Council to Direct Expenditures-- The ~ncome from
the perpetual care fund shall be expended by the City Council in
such a manner as ~rill, in its judgment, be most advantageous to the
property o~ners as a whole, and in accordance with the purposes and
provisions off the laws of the State applicable to the expenditures
of such funds. The City Council is hereby given the fUll power and
authority to determine upon what Cemetery property, for ~hat purpose,
and in what manner, the income from said f~md shall be expended, and
it shall expend said income in such a manner as, in its sole Judg-
ment, it may deem advisable for the care, reconstruction, repair and
maintenance of all or any portion of the Cemetery grounds, and it
may also expend siad income for attorneys' fees and other costs
necessary to the preservation of the legal rights of the City of
Delray Beach in the operation of said Cemetery.
RULE 7. Amount of Deposit for Ground Plots-- In addition to
the purchase price of any lot or plot, there shall be set aside for
the perpetual care fUnd not less than $1.50 per square foot of lot
area. The City of Delray Beach is prohibited from donating, gLv~ng
or executing Certificate of Ownership For any lot or plot in the
Delray Beach Cemetery to any person or persons, Firms, corporations
or organizations, without the payment of the fUll amount of pur-
chase price, together with the full minimum perpetual care deposit.
RULE 8. Record of Deposits-- The record books of th~s Ceme-
tery, and the receipts issued by the City of Delray Beach, shall
show the amount of perpetual care fund that has been collected and
set aside in each case.
RDLE 9. Co-Mingle Funds-- The City Council reserves the right
to co-mingle the funds of the perpetual care fund and any reserve
endowment funds which may eventuate.
SECTION
Rules for Memorial Work
RULE 1. General-- Monuments, lot enclosures, surface burial
vaults, copings, tombstones, tablets, headstones, private mausoleums,
tombs, or stones of any kind, or structures, shall not be permitted.
0nly bronze talbots or markers shall be allowed, and they must be
set level with the ground at the head or foot of each grave, except
in the case of a family marker, which shall be set in the center of
the plot. The foundation must be placed by the City of Delray Beach.
No markers may be set to embrace two or more lots, nor shall double
t05
HAY 25, 1953
markers be permitted, nor shall two or more inscriptions be allowed
on one marker, unless specifically permitted by the Hanagement. The
Hanagement shall make all decisions as to whether a marker is placed
at the head or foot of a grave. Unless otherwise specified the head
of a ~rave shall be away from the drive or path.
RULE 2. Bronze ~iemo rials -- To preserve uniformity, style, ~rade
and workmanship of bronze memorials, all such memorials shall be of
the manufacture of such bronze material as is approved by the City,
and of such standard design and material prescribed by the City, which
designs are on display at the Management*s Office. No marker shall be
placed without the written approval of the City of Delray Beach, and
any marker will be removed which does not comply with the standard
rules and regulations of the Cemetery.
RULE 3. No Metal Other than Bronze-- No metal other than stan-
dard bronze as prescribed by the Hanagement will' be permitted in any
memorial.
HULE 4. Memorials-- No family or organization marker shall be
allowed in any plot or lot of an area of less than 140 square feet.
The rule applies to family plots as well as plots reserved for chur-
ches or any other orEanizations.
HU[E 5. Standard Specifications--The follo~ng standard speci-
fications are directed to the notice of manufacturers of bronze ~ave
markers intended for placement in the Cemetery (all markers or tab-
lets are subject to the approval of the Management prior to place-
ment,and acceptance or rejection shall be based upon the specifica-
tions contain&d herein):
1. Sizes and Dimensions
A. Outside dimensions include flange.
(1) Family Memorial:
Width*- Not less than 13 and not more than 24
.... inches.
Length--Not less than 42 and not more than 60
inche s.
(2) Individual Harkers:
Width--Not less than 12 and not more than 18
inches
~;ength--24 inches
(3) Baby Memorials:
Width-- Not less than 6 and not more than 10 inches.
~h- Not less than 12 and not more than 20
(4) Approved bronze memorial vases may be substituted
for any individual or baby marker
B. Sloping Glange
(1) Width--2 inches on both large and small markers.
Height of flange edges--not less tha? 3/8 inches,
C. Attachment Bolts
(1) 6 bronze attachment bolts on back face of each marker.
(2) Diameter--not less than 4/16 inches.
(3) Exposed length--not less than 3 inches.
(4) Must be deformed for concrete setting.
(5) Bolts may be cast integral, ly or attached by screw,
threading not less than 3/8 inches, in case lugs
are on back face of casting.
106
HAY 25, 1953
2. Haterials
A. Standard of quality--Bulletin No. 172-A of the U.S.
Bureau of Standards on the subject of statuary bronze.
(1) Proportions off materials as Follows:
88~ copper,~lO~ tin, 2% zinc (a variation not
exceeding 3~ Is permissible on each above ma-
terial providing a minimum of 2~ zinc must be
used); all virgin metals must be used and mixed
to a uniform alloy at proper temperature.
(2)No other alloys of metals or combinations of
materials acceptable.
3. Designs
A. Standard designs are on display in the Hanagement's
office in the City Hall.
B. Other than standard designs subject to approval be-
fore placement.
4. Craftmanship
A. General requirements
(1) Markers shall be free from sand holes, pits and/or
other imperfections which mar the appearance of
and/or impair the usefulness and stability of the
finished markers.
(2) Ail ornaments shall be clean and sharp, and all
edges true and accurate to the standard dimen-
sions defined herein.
B. Lettering
(1) mhall be carefUlly spaced and accurately set in
line, both vertically and horizontally.
(2) Names, dates, inscriptions and emblems shall be
arranged so as to result in an artistic and neat
appearing plate.
(3) Style of lettering should be preferably round-faced
classic, V-shaped classic, or flat-faced classic.
Other styles of lettering subject to approval.
5. Finish
A. General Requirements
(1) Castings shall be free from scale, sand, pin-
holes and pits.
(2) Ail ornamentation, face of letters and background
shall be hand-chased, hand-tooled and b~nlshed
appropriately for a memorial tablet.
(S) Matching of approved color and texture, as per
sample marker, shall be done by an approved oxi-
dizing process.
(4)No colored lacquer or lacquer-carrying-pigment
shall be used.
SECTION XVII
Certificate and Rules and Regulations Sole Agreement
RULE 1. Statements of Sales Agents-- The Certificate of Owner-
F
HAY 25, 1953
ship, the Declaration of Reservation, Option A~-reement, these Rules
and Re~ulations, and any amendments thereto, shall be the sole agree-
ment between the City of Delray Beach and the plot owner.
SECTION XVIII
Hodifieations and Amendments
RULE 1. Exceptions and Modifications--
A. General Provisions
(1) Special cases may arise in which the literal en-
forcement of any rule may impose unnecessary hard-
ship. The City Council, therefore, reserves the
right, without notice, to make exceptions, suspen-
sions or modifications in any of these rules and
regulations when, ~n its judgment, the same appear
advisable; and such temporary exceptions, suspen-
sions or modifications shall in no way be constru-
ed as affecting the general application off such
Pul e.
D. War-~e ~ovisions
(1) War-Time conditions may necessarily cause a man-
power and material shortage so that certain rules
of this Cemetery cannot be strictly enfwced. To
meet these conditions, the rules, where necessary,
will be temporarily modified or suspended. Such
temporary modifications-of suspension shall in no
way be construed as a waiver, nor affect the
strict enforcement of the rules upon the conclu-
sion of the war.
RULE 2. Amendments-- The City Council may, and it hereby ex-
pressly reserves, the right at any time or times, to adopt new rules
aM regulations, or to amend, alter and/or repeal any rule, re~ula-
tion and/or article, section, paragraph, and/or sentence in these
rules and re~ulations.
Hr. Lovelaee pointed out that only flat type markers wmld be
used, and that a model marker would be on display at the City Hall.
He also explained that one ~ood man would be assigned to care for
the old section of the Cemetery, When questioned as to perpetual
care for the old section of the Cemetery, Hr. Lovelace stated that
it would be impossible to contact all owners of lots in that portion,
but a water system is being installed that will help greatly in caring
for that section.
After discussion, a motion was made by Councilman Kabler, md se-
conded by Councilman Holland, that the Rules and Hegulations as sub-
mitted be accepted, and upon call of roll the motion carried unani-
mous1 y.
A sketch, prepared by Dir. Dreher, Supt. of Parks of West Palm
Beach, was presented by the City Manager, showir~ what improvements
can be made to the City Park to make it more useful and attractive.
The main features of recommended improvements were as follows:
(a) Three large clusters of trees at end, middle, and end
of the east ban~. These to be informal clusters of
ficus, or sea-grape or thespesia.
(b) Strictly formal treatment of the monument.
(e) Addition of barbecue pit, tables, benches, at north-
east corner of Park to make a big attraction there -
get people to use that end intensively, too.
(d) Camouflaging shrubbery around the less attractive
structt~es.
108
HAY 25., 1953
(e) A smoothly rip-rapped east bank, informally follow-
LEg the irregular shore line, capped by a coping
~ich also follows the shore line.
(f) )fore benches, tables, etc.
H~. Lovelace asked that the over-plan be approved at this t/me,
and then improvements can be made as funds are available.
Councilmen Jacobs and Kabler were in favor of cons.tructLEg a
sea-wall rather than having an irregular shore 1LEe filled in with
rock, and Councilman Kabler moved that the foreEoing plan be accept-
ed with the exception of Item (e), and that provision for a sea-wall
along the east line of the City Park be included in the next budget;
also that the project proceed under the supervision of the Park
Co~ittee. The motion was seconded by Hrs. Woehle and upon call
of ~o11. carried unanimously.
City Hanager Love]ace then brought up the proposee Robert
Totterdale Subdiv.~sion, located south of Seagate, and between State
Road A1A and the Intracoastal Waterway° He explained that Hr. Tot-
terdale planned to annex this land, and develop it as apartment
sites, but he was asking the City to assume some portion of the
cost of installing water, expecially in view of the fact that he
is required by the State Board off Health to LEstall a sanitary sewer
system to serve the entire Subdivision at a cost of approximately
$45,000.00.
Councilman Jacobs was opposed to using taxpayers money to
stall water mains in any particular Subdivision, but the possibil-
ity of furnishing pipe and labor to Hr. Totterdale at cost was dis-
cussed, and referred to the City Hanager. No further action was
taken at this time°
The meeting then adjourned.
A~t~ng City Clerk
~yor