Resolution 13-1341RESOLUTION NO.13-1341
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, AMENDING THE
RULES AND REGULATIONS FOR LONGWOOD
MEMORIAL GARDENS CEMETERY; PROVIDING FOR
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted the Rules and Regulations for Longwood
Memorial Gardens Cemetery by Resolution 00- 10 13 adopted on June 19, 2000, which have been
subsequently amended by City Commission Resolutions 01-1024, 03-1071 and 04-1101; and
WHEREAS, the City Commission desires to further amend the Rules and Regulations for
Longwood Memorial Gardens Cemetery to address the resolutions of situations involving the
mistaken sell and/or conveyance of a cemetery lot/space or columbarium niche to more than one
purchaser, and to address marking fees.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Longwood, Florida, as follows:
Section I. Amendment. SECTION II-1. — SALE OF LOTS/SPACES of the Rules and
Regulations for Longwood Memorial Gardens Cemetery is hereby amended to add the following
new subsections 3 and 4 to SECTION II-1 to read as follows:
3. In the event the City mistakenly sells or conveys a cemetery lot/space or
columbarium niche to more than one purchaser, then upon discovery of such mistake the
situation shall be resolved in the following manner:
(A) In the event no burial or internment of cremated remains has occurred within the
cemeterylot/space or columbarium niche at issue then the purchaser issued a document
of ownership first in time shall be deemed the sole owner of the cemetery lot/space or
columbarium niche and the City shallas the remaining_ purchaser's(s') sole remedy,
refund the other purchaser's(s') fees paid to the City for the lot/space or niche in full and
declare their document(s) of ownership null and void.
(13) In the event a burial or internment of cremated remains has occurred within the
cemeterypace or columbarium niche at issue then the purchaser who has buried or
interned cremated remains with such lot/space or niche shall be deemed the sole owner of
the cemetery lot/space or columbarium niche and the City shall, as the remaining
purchaser's(s') sole remedy, refund the other purchaser's(s') fees paid to the City for the
lot/space or niche in full and declare their document(s) of ownership null and void.
All purchasers (including their heirs personal representatives successors and assigns in
interests) indemnify and hold the City and the City's elected and appointed officials, officers,
attorneys employees and agents harmless concerning_ mistakes that may occur in the selling and
conveyance of cemetery lots/spaces and columbarium niches and further, agree that the
maximum liability the City may incur in the event of such mistakes shall be a sum not exceed an
amount equal to 100% of the fees paid to the City by said purchasers for the particular cemetery
lots/spaces and columbarium niches at issue. Purchasers waive any and all injunctive relief,
specific performance, other monetary and equitable claims against the City that they may or
could have brought against the City concerning such matters.
4. In no event shall the City (including its elected and appointed officials, officers,
attorneys, employees and agents) be liable to purchasers (including their heirs, personal
representatives, successors and assigns in interests for special damages, indirect damages,
mental anu�punitive damages, and consequential damages, or any combination thereof,
concerning or relating to the sell or conveyance of cemetery lots/spaces and columbarium niches,
or the maintenance or operation of the cemetery.
Section 11. Amendment. SECTION II-1. — SALE OF LOTS/SPACES of the Rules and
Regulations for Longwood Memorial Gardens Cemetery is hereby amended to modify the
"Marking Fee" provision to read as follows (underlined language are additions):
Marking Fee
A marking fee of $20 will be charged to mark for location purposes a grave site or
columbarium niche for any purpose except for
marking the location of monuments or markers to be installed. Stakes or other devices marking a
designated location will remain in place for up to 48 hours following the requested time and date
of installation. Should re -staking (or re-markingZbe required, an additional $20 fee will be
charged.
Section III. Amendment. SECTION VII. — MEMORIALS of the Rules and Regulations
for Longwood Memorial Gardens Cemetery is hereby amended to modify the provision under
Paragraph 4. Marking of Graves to read as follows underlined language are additions):
4. Marking of Graves
A marking fee of $20.00 will be charged to mark for location purposes a grave
site or columbarium niche for any purpose
buFW except for marking the location of monuments or markers to be installed.
Stakes or other devices marking a designated location will remain in place for up
to 48 hours following the requested time and date for installation. Should re -
staking (or re -marking) be required, an additional $20.00 fee will be charged.
Section IV. Conflicts. Any resolutions or policies in conflict herewith are hereby repealed.
Section V. Effective Date. This resolution shall become effective immediately upon adoption.
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PASSED AND ADOPTED THIS % DAY OF W-TOBER A.D., 2013.
D. Sackett,
ATTEST:
AKlielle Lon A ity Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
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