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HomeMy WebLinkAbout1996-2178 - Ordinance - 04/25/1996ORDINANCE NO. 2178 AN ORDINANCE AMENDING CHAPTER 1, SECTION 29, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION RELATING TO CEMETERY RULES AND REGULATIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COLLEGE STATION, TEXAS, That Chapter 1, Section 29, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "SECTION 29: COLLEGE STATION CEMETERY RULES AND REGULATIONS A. GENERAL (1) The College Station Cemetery is set apart for the burial of the residents of this community subject to the rules established in this ordinance, the City of College Station Code of Ordinances, and any applicable federal or state laws. (2) (3) All spaces in the cemetery owned and operated by the City of College Station are conveyed to the purchaser by warranty deed for the purpose of burial only. The rights of the purchaser therein are subject to such rules and ordinances as may be enacted or amended, from time to time, by the City Council of the City of College Station. The rules and regulations herein contained are designed for the protec- tion of the rights of all space owners. The rules adopted have been determined to be reasonably necessary and incidental to achieve the aforestated objectives. (4) The cemetery area, consisting of approximately eighteen (18) acres, is divided into sections, with bounding streets and property lines. All sections are further divided into lots. Lots generally contain eight (8) spaces. ADMINISTRATION All administrative matters pertaining to the operation of the cemetery shall be under the direction of the City Manager or his delegate. The Cemetery Commit- tee appointed by the City Council shall work with the City Manager or his dele- gate and advise the City Council. Js/c/ordinan/cem~tery. doc 4/16/96 ORDINANCE NO. 2178 PAGE 2 CEMETERY CARE (1) The City of College Station shall provide for the continuing care, mainte- nance, operation, and improvements to the cemetery. In general, this shall include: road maintenance, mowing, pruning, landscaping or removal of plant material, policing of the grounds, pest control, leveling of monuments, and such other maintenance as may be necessary to keep the cemetery presentable at all times. (2) Cemetery care does not include the purchase, erection, repair, or replacement of monuments, headstones, markers, or any other item on a space. HOURS OF OPERATION The Cemetery shall be open Monday through Saturday from 8:00 AM to sundown, and Sunday from 6:00 AM to sundown. PURCHASE OPTIONS (1) (2) Standard Plot: A designated plot is 5' x 10'; herein referred to as a space. Babyland and Section O: Designated plots are 4' x 5'; herein referred to as a space. (3) Price: The price of all spaces shall be established by resolution of the City Council, and amended as necessary, upon recommendation of the Cemetery Committee. (4) Purchasers are limited to one space per each interment, except crema- tions. Two cremates shall be allowed in a single space. Combinations of casket burials and cremates in a single space are not allowed. RESALE OPTIONS (1) The sale, transfer or assignment of any space in the municipal cemetery by any owner or purchaser shall not be binding upon the city until: (a) it has been approved in writing by the City Manager or his dele- gate, and (b) RECORDS the space is reconveyed by the city through the reissuance of a warranty deed to the new owner or purchaser. Records giving full data on all interments shall be kept in the City files, and shall be open to authorized persons. The data is to include the section, lot, and grave location; and the name, age, and the date of interment of each grave occupant. J~/a/ordinan/cemetery. doc 4/16/96 ORDINANCE NO. 2178 PAGE 3 H. PLANTING AND OTHER DECORATIONS IN THE CEMETERY (1) Grass, flowers, shrubs, trees, or other types of vegetation shall be planted only by or at the direction of the City Manager or his delegate in accordance with a landscape plan for the entire cemetery. Plantings by individuals are prohibited and shall be removed by the City. (2) The City shall establish grass on spaces after an appropriate amount of time has elapsed since burial to allow for settling. During this time the City shall establish the final grade to match the surrounding area. (3) Plantings of trees, shrubs or flowers on grave spaces that existed prior to adoption of Ordinance No. 1959 on June 11, 1992, which were specifi- cally grandfathered with the adoption of that ordinance, shall continue to be grandfathered. These plantings may be removed by the City when- ever they become unsightly, or as necessary to provide access to grave spaces. Replacement of grandfathered plantings that have been removed shall not be allowed. (4) The placing of potted plants, cut flowers, baskets, floral pieces, funeral designs, decorations, and all other objects of a temporary nature is permitted adjacent to the monument only. The digging of holes for the placement of potted plants and baskets is prohibited. (5) The City Manager or his delegate shall have the right to remove all flowers, potted plants, wreaths, baskets, floral pieces, funeral designs, decorations and all other objects of a temporary nature when they become withered, unsightly, or an obstruction to maintenance. (6) No artificial flowers shall be permitted in, on, or around grave spaces. (7) The City Manager or his delegate is empowered to and may enter upon any space within the cemetery and remove anything that may have been erected or placed thereon contrary to the provisions of this section, and may remove any dead or damaged tree, shrub or vine. CEMETERY ENDOWMENT FUND A memorial option is available to individuals through the Ceme~e_~. ~_n~.gwment Fund established by the City of College Station in Resolution No.- - - .-~lVloney donated to this fund shall be used for the maintenance of the cemetery grounds and for landscape improvements as approved in the master landscape plan. J. COPINGS, HEDGES, FENCES, ETC. (1) No copings, hedges, fences, exposed vaults, walls, or other enclosures shall be permitted in, on, or around any space and shall be removed in accordance with Subsection N herein. (2) Coverings and ledgers shall only be permitted upon the approval of the Cemetery Committee. For the purpose of this ordinance, a covering ja/c/ordJna~ /cemeter~ : doc 4116/96 ORDINANCE NO. 2178 PAGE 4 means any material other than turf that may be placed over the grave. A ledger is any stone, monument, or marker that may be placed in such a way as to cover the grave space. K. MONUMENTS, HEADSTONES, AND MARKERS (1) Monuments shall mean those markers placed on the head line of a space or spaces. Foot markers shall mean markers placed on the foot line of the space. (2) Monuments for single standard grave spaces shall not exceed thirty inches (30") in height; forty-eight inches (48") in length; or sixteen inches (16") in width. These maximum dimensions shall also pertain to any design that incorporates a base. If a base is included, it can be set flush with ground level or must have a minimum of four inches (4") above ground level. The back of the monument shall be set on the head line of the space and equi-distant from the side boundaries, and the monument shall be located on undisturbed ground. No more than one monument shall be permitted per single space. (3) Family or double monuments can only be placed on a minimum of two standard spaces, provided that such a monument shall not exceed thirty inches (30") in height; seventy-two inches (72") in length; nor sixteen inches (16") in width. These maximum dimensions shall also pertain to any design that incorporates a base. If a base is included, it can be set flush with ground level or must have a minimum of four inches (4") above ground level. The back of the monument shall be set on the head line of the space and equi-distant from the side boundaries, and the monument shall be located on undisturbed ground. (4) Monuments for single baby spaces (Babyland and Section O only) shall not exceed twenty-two inches (22") in height; twenty-four inches (24") in length; nor twelve inches (12") in width. These maximum dimensions shall also pertain to any design that incorporates a base. If a base is included, it can be set flush with ground level or must have a minimum of three inches (3") above ground level. The back of the monument shall be set on the head line of the space and equi-distant from the side bounda- ries, and the monument shall be located on undisturbed ground. No more than one monument shall be permitted per single space. (5) Foot markers shall be set on the foot line of the space, and shall not exceed twenty-eight inches (28") in length nor sixteen inches (16") in width. Flat foot markers shall be set flush with the ground; slanted foot markers shall not exceed eight inches (8") in height. Only one foot marker per space shall be allowed. (6) Corner markers shall not exceed eight inches (8") by eight inches (8") and must be set flush with the ground. (7) Any ornaments or vases incorporated into any monument or foot marker design must be permanently affixed to the monument or marker and shall js/c/ordinan/cem~tery, doc 4/16/96 ORDINANCE NO. 2178 PAGE 5 not extend beyond the maximum dimensions allowed for the monument or foot marker. L. MAUSOLEUMS Mausoleums shall be permitted only in Sections F, G, M, and J. The locations, size, and design must be approved by the Cemetery Committee and must be issued a permit by the City Manager or his delegate. M. RULES ENFORCEMENT (1) The City Manager or his delegate shall determine whether specifications and dimensions of each monument, headstone and/or marker proposed for the College Station cemetery fall within the scope of the approved regulations as well as whether other objects placed on grave spaces or throughout the cemetery comply with these rules. (2) No monument, headstone, and/or marker may be set in the cemetery without the prior approval of the City Manager or his delegate and issu- ance of a permit. A permit request form may be obtained from the City Secretary's office or the Cemetery Sexton's office. All permit requests must include appropriate drawings and dimensions for each requested marker. Any monument, headstone and/or marker set in violation of the regulations of this ordinance shall be subject to removal by the City of College Station pursuant to Subsection N. The removal and replacement of same shall be in compliance with this ordinance and shall be the responsibility of the property owner upon approval by the City Manager or his delegate and/or the issuance of a permit. (3) No mausoleum may be set in the cemetery without approval by the Cemetery Committee and issuance of a permit by the City Manager or his delegate. (4) Any requests for variances to these rules and regulations shall be pre- sented to the Cemetery Committee. Appeals from decisions of the Ceme- tery Committee shall be to the City Council. Appeals must be in writing and submitted to the office of the City Secretary within ten (10) days of the issuance of the Cemetery Committee's decision. The City Secretary's office shall schedule a hearing of the appeal before the Council within thirty (30) days from receipt of the letter of appeal. N. RULE INFRACTION PROCEDURES (1) Whenever the City Manager or his delegate determines that there has been an infraction of the rules as stated in Subsections J, K, L or M herein, the procedures listed below shall be followed: (a) Record and document infractions of the ordinance. (b) Notify space owners of the infraction along with options available for correction by regular mail. j~/c/ordtnaru'cemeter),.doc 4/16/96 ORDINANCE NO. 2178 PAGE 6 (c) (d) Allow fourteen (14) days from the date the notice was mailed for compliance or appeal to the Cemetery Committee. Removal of the items that constitute the infraction by the space owner or the City.' I1. This ordinance shall become effective from and after its passage in accordance with the City Charter of the City of College Station, Texas. PASSED, ADOPTED and APPROVED by the City Council of the City of College Station, Texas, on this the 251:h day of Apr-i'l ,1996. A'I-.TEST: . ~,GNNIE HOOKS, City Secretary APPROVED: jz/c/ordt nan/cemeter) : doc 4/16/96