Rippy, DonDEPARTMENT OF THE
CITY CLERK
Mr. Don Rippy
3820 Thunderbird Hill Circle
Sebring, Florida 33872
Dear Mr. Rippey:
CITY OF C LEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4090 FAX (727) 562-4086
June 22, 2001
We have investigated your request to personally bury Mr. O'Hara's ashes in space 2 with his
wife's casket. According to Clearwater City Code, the interment must take place under the
immediate and direct supervision of a Florida licensed funeral director. It has been determined
that, once the burial permit is issued and the $30.00 staking fee paid, you may personally dig
the hole to bury the urn, if you desire. There are no specific regulations regarding hole size and
depth, because those factors are determined by the urn size, location and size of the existing
casket, and physical conditions at the gravesite. However, please understand, the funeral
director is responsible, by law, for opening and closing of the gravesite.
You also questioned whether the City would buy back cemetery spaces. City code does
provide for repurchase of cemetery spaces at the original purchase price less a $25.00 transfer
and the current $14.00 recording fee. Block 7 is in a very old portion of the cemetery where
sales of burial plots predate our current records. Our records do not show how much cemetery
spaces cost prior to 1958 when spaces were sold for $73.00. It is likely the purchase price in
the 1930's when the O'Hara spaces were sold was less than the fees now required to
accomplish a transfer of ownership. To pursue this matter further, you would need to provide
the City of Clearwater with a copy of the cemetery deed showing the purchase price of the
spaces. As an alternative, you may wish to advertise the remaining spaces for sale in a local
newspaper, or through a local funeral director.
I have enclosed a copy of the current City cemetery code for your review. Please
particularly note Section 11.02, Purchase and Conveyance of Lots, and Section 11.03, Rules for
Interment. Please let me know if I may by of further assistance.
Sincerely,
1
wen Legters
City Clerk Department
GJL
Attachment
BRIAN J. AUNGST, MAYOR-COMMISSIONER
J.B. JOHNSON, VICE MAYOR-COMMISSIONER BOB CLARK, COMMISSIONER
ED HART, COMMISSIONER F. DAVID N_EMERICK, COMMISSIONER
(411
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER
May 29, 2001
Mr. Don Rippey
3820 Thunderbird Hill Circle
Sebring, Florida 33872
Dear Mr. Rippey:
In response to your inquiry, I believe I have located the O'Hara family plot for which you
were searching in Clearwater cemetery. Our records show a Stella O'Hara and a five-year-old,
J.C. O'Hara, Jr., buried in Block 7, Lot 99, Spaces 2 and 3, in 1936 and 1935, respectively. I
have also located a Clearwater monument company and one of the funeral homes where you
may choose to make the arrangements you mentioned.
Please review the attached printouts showing burial information for the O'Haras, and contact
information for the monument company and funeral home. As we discussed, you would need
make arrangements for for burial of Mr. O'Hara's ashes through a funeral home.
If I may be further assistance, you may reach me at the above address, or call me at (727)
562-4095.
Sincerely,
wen Legters
City Clerk Department
GJL
Attachments
ORDINANCE NO. 5136-91
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE
MUNICIPAL CEMETERY; AMENDING SECTIONS 29.01 THROUGH 29.05, CITY
CODE, DELETING PROVISIONS RELATING TO THE SUPERINTENDENT OF
MUNICIPAL CEMETERIES; INCREASING THE PRICES FOR THE PURCHASE OF
CEMETERY SPACES, AND PROVIDING FOR CERTAIN FEES; AMENDING PROVISIONS
RELATING TO THE PURCHASE AND CONVEYANCE OF SPACES, RULES FOR
INTERMENT, AND OTHER CEMETERY RULES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Sections 29.01 through 29.05, Code of Ordinances, are amended
to read:
Sec. 29.01. Management and supervision.
{-c} The responsibility for the management, operation, maintenance and
general supervision of the *4 municipal cemetery eemeteries shall be vested in
the parks and recreation department.
(b) While reasenable preeawt4ens will be taken to preyeiit damage by
Sec. 29.02 29.03. Purchase and conveyance of lots.
(a) Prices and fees 69t eyalu t4eR. Spaces Lets within the municipal
cemetery eemeteF 4 shall be sold for #a*& the following prices and
shall be subject to the following fees:
!2,1' 6134-11
(1) Prices:
Infant space All baby spaees
Adult space All adult s^aees 4 R-le-eeks I t-#reugh 16
$ 125.00 50-09
500.00 200.00
€xeept spaEes 4n 6ets 4! through 69, Bieek !6 (adjaeent te-
3-:225.09
Urn space
(2) Fees.
Staking fee
Weekdays
Saturdays, Sundays, legal holidays
Consent to transfer of ownership
Recording fee, deed or consent to transfer
125.00 109-09
30.00
50.00
25.00 plus
recording fee
As provided by law
(b) Method of purchase. Any person desiring to purchase a space 4e4 or
spaces fie, for the purpose for which it is intended, shall be permitted to do
so upon payment of the purchase price set forth herein, plus the fee for
recording the deed in the public records let yalmat-i ?. The purchase price and
fee may be paid in installments without interest for not more than six (6)
months; provided that the balance shall be paid in full before the space may
be utilized. There shall be no discrimination in the sale of lots based upon
race. religion, or national origin.
(c) Manner of conveying. Conveyance of burial spaces 49te shall be by
deed executed in the name of the city by the city manager, mayor-commissioner,
city clerk and approved by the city attorney. Sueh eenyeyanee shall be Fnade
subjeet-te
(d) Recordation of deed. At the time the city conveys any burial space
4t, the city clerk, in addition to collecting the purchase price thereof, shall
collect from the purchaser an amount sufficient to have the conveyance recorded
with the clerk of the circuit court.
(e) Records of ownership. The city clerk shall keep full and complete
records of the ownership of all spaces 494s in the municipal cemetery Geffleteries,
which shall include the burial capacity of each space 4e-, the location of each
grave, names and ages of persons buried in each grave, and the date of burial.
2
M Transfers of ownership. No owner of a cemeter
transfer or assign the space or any rights therein to a
city without the written consent of the city. The form of 1
conveyance, transfer or assignment shall be provided by, or
clerk and shall be recorded in the public records f
indicating consent by the city. A request for consent to a
shall be accompanied by the transfer fee as provided here
fee.
(q) Repurchases by the City. Upon request by the
City may repurchase the space at the original purchase pri
fee as provided herein and the recording fee.
y space shall convey,
3erson other than the
:he instrument of such
approved by, the city
ollowing endorsement
transfer of ownership
yin and the recording
owner of a space, the
ce. less the transfer
Sec. 29.03 29.04. Rules for interment.
(a) No dee eased person shall be interred in the ay municipal cemetery
until the City Clerk has issued a burial permit.
(b) The City Clerk will issue a burial permit when the following
conditions are met:
(1) The space That -the1 in which burial is to be made has been fully
paid for and buri l perFRi+ issued;
(2) The That the person arranging for whom such burial is being arranged
has the right to the use of such space 49t;
(3) The space That sweh ^+ is not used beyond its capacity. A maximum
of two (2) burials in one adult space shall be permitted provided at least one
person has been cremated or is an infant y_ ;and, enly Only one burial
shall be allowed in an infant or urn space.
neat e a s kcet s a R d e r-f i-Y e(5) feet 1 r^t-length will-ire tTeq- *..-
+ an euts;de e-aner-e-te-Feeeptaple-.
(4) A funeral director licensed in the State of Florida is supervising
the interment; and
L51 The staking fee has been paid.
(c) Except when religious tenets preclude it, a minimum of 24 hours
notice shall be required prior to anv interment. The cemeterv groundskeeper
e space to be used.
(d) The funeral director shall be responsible for the opening and closing
of the grave site and the removal of excess dirt after the closing.
jej A casket shall require either a vault or an outside concrete
receptacle.
3
Sec. 29.04 29.95. Other cemetery rules RestM^+l^^^ and- eendftiens en use
of lots-.
Rules regarding the management, operation, restrictions and conditions on
the use of spaces in the cemetery shall be recommended by the parks and
recreation department and approved by the city manager. A current copy shall be
maintained on file in the offices of the parks and recreation department, the
city cemetery, and the city clerk. Such rules shall not be inconsistent with the
following:
(a) Aboveground monuments, memorials, and enclosures er plan+4n^° for any
space in sections 14, 15 or 16, are prohibited. Above-ground plantings are
prohibited throughout the cemetery.
b) Fl^.,er arrangements -made-lse-ai:ed 9R the let f^ per4ed of seyen
(,1 days {'il l.. bur-; a l At the end of -suc? time eh bask t.1
?-r----p e?i-e? aa- ,
(b) {-E} Receptacles for flowers shall be located at ground level when not
in use, with no part of such receptacle being aboveground in sections 14, 15 and
16.
(c) {4 Bronze, marble or granite markers or tablets shall be permitted;
however, such markers or tablets must be located flush with the ground in
sections 14, 15 and 16. Use of homemade markers is prohibited.
(3) Deuble graye-speee rear-ke.,rs; }'-I
;r;Mffl?reigh?-}{?ete= wide by twneTty (29` nnhe lane
M-axim-WA ,.f- f4teen (-?16) Inc-hes b-vy-forty 1.4.8) inches 19* q-.
(f) Petted p l a-e s , wreaths and -- lag
ebserye+cAef Meffler4 al--Bay fer the-per-a-efd-EeM-me-e inn -..e week befere Memer=:?T
Day aRd en .
(d)44 A temporary marker may be placed at each lot following burial;
however, such temporary marker may not remain longer than one year from date of
burial.
4
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING October 3, 1991
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
Cynt is E.~Goudeau
City Clerk
:tober 17, 1991 Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
M. A. Galbraith, Pr.
City Attorney
5
ORDINANCE NO. 5400-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE CEMETERY; AMENDING SECTION 11.03, CODE
OF ORDINANCES, TO AMEND THE PROVISION RELATING TO
PAYMENT OF THE STAKING FEE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 11.03, Code of Ordinances, is amended to read:
Sec. 11.03. Rules for interment.
(1) No person shall be interred in the municipal cemetery until the city
clerk has issued a burial permit.
(2) The city clerk will issue a burial permit when the following
conditions are met:
(3) A staking fee shall be paid in accordance with the procedures
established by the city clerk.
4) {-3-} Except when religious tenets preclude it, a minimum of 24 hours'
notice shall be required prior to any interment. The cemetery groundskeeper
shall locate and stake the space to be used.
(5) -(-14 The funeral director shall be responsible for the opening and
closing of the gravesite and the removal of excess dirt after the closing.
(6) 4-4 A casket shall require either a vault or an outside concrete
receptacle.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
June 17, 1993
July.1, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
M. A. Galbrai h, Jr.
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
5--Z?5 -°1
8(,3- 40,z -i f6?
C.M.. A
?v
Legters, Gwen
From: Legters, Gwen
Sent: Friday, June 08, 2001 8:28 AM
To: Perry, Glenn
Cc: Stephenson, Susan E.; Motley, Camille; Norman, Lois; Dacey, Louis; Dowd, Larry; King,
JoEllyn
Subject: RE: burial question
Thanks, Glenn. I appreciate your prompt reply! You do a good job.
Gwen Legters
Phone: (727) 562-4095
Fax: (727) 562-4086
email: glegtersOclearwater-fl.com
-----Original Message-----
From: Perry, Glenn
Sent: Friday, June 08, 2001 6:45 AM
To: Legters, Gwen; Dacey, Louis; Dowd, Larry; King, JoEllyn
Subject: RE: burial question
As far as interment of ashes are concerned, there are no regulations on size of the hole. It is usually slightly
bigger than the urn. However, we do stake an area that is approximately 2'x 2' for an urn and they
normally go down about I I12'to 2' deep.. In regard to him digging the hole himself, as long as there is a
funeral director present, anyone can dig the hole. I hope this helps.
G/enn A Perry
Parks service supervisor r
462-6197
-----Original Message-----
From: Legters, Gwen
Sent: Thursday, June 07, 2001 4:33 PM
To: Dacey, Louis; Dowd, Larry; King, JoEllyn; Perry, Glenn
Subject: burial question
A Mr. Don Rippy has contacted our office with numerous questions about burial of his friends ashes,
currently in Mr. Rippy's possession. We have given him site location information for other family
members, and copies of the cemetery code, including Sec. 11.03, Rules for Interment. He is aware
that a staking fee is required, the site must be staked, and a funeral director must supervise the
interment.
Mr. Rippy plans to inter the ashes in the same space with the casket of the deceased's wife, in
accordance with the deceased's wishes. Now he is asking for the regulations regarding length,
width, and depth dimensions of the hole in which the ashes must be buried, and if the hole is not too
large for him to manage, whether he would be allowed to dig it himself. Do any of you have this
information, or know where we can get it?
Gwen Legters
Phone: (727) 562-4095
Fax: (727) 562-4086
email: gle9ters0clearwater-fl.com