ORDINANCE NO. 2025-07 AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY REPEALING AND REPLACING CHAPTER 12 "CEMETERIES" INI ITS ENTIRETY; PROVIDING A PENALITY OF FINE NOT TO EXCEED $500; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City ofGatesvilleis a Home Rulel Municipality operating under the laws of the State ofTexas; and WHEREAS, the City Council has the authority and desires to update and expand the provisions of the Code of Ordinances regarding City cemeteries; and WHEREAS, the City Council has determined that it would be advantageous and beneficial to the citizens of the City of Gatesville, Texas and serve the public health, safety and general welfare to repeal and replace Chapter 12: regarding cemeteries; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, THAT: SECTION: 1. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at repealing and replacing Chapter 12 "Cemeteries" in its entirety to read as follows: Sec. 12.1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Additional Interment Right - Each Owner has a right to be buried in the Grave purchased. In order to inter additional human Cremated Remains, additional interment rights may be granted or purchased. Burial (Buried) - the disposition of Human Remains into the ground, in an earthen grave. Caretaker - the person employed by the city or by the city's cemetery maintenance contractor to oversee the operation and maintenance of the cemetery. Unless otherwise stated, the caretaker may delegate his duties and authority under this chapter to an authorized representative. Cemetery- - a place fori the interment or burial of deceased humans or cremated remains, and includes any cemetery owned and under the trust of the City of Gatesville, including Restland and City Cemetery. Coffin - a Casket. Ordinance 2025-07 Page 2 of 18 Contractor - any person, firm or corporation engaged in setting any memorial, digging graves or performing any other work on the Cemetery grounds, other than an employee of the City. Cremated Remains - the remains of a deceased human after cremation, sometime called "cremains". Cremation - al heating process that reduces human remains to bone fragments. Deceased - a person who has died. Decoration - any item plaçed upon a grave that is not a monument. Flush Memorial - a grave marker that is even, aligned, flush with the surface of the ground. Foundation - that upon which anything stands, and by which is supported; the lowest and supporting layer of a structure. Funeral - a ceremony held in connection with the death of a person. Grave - a space of land in a cemetery used or intended to be used for the burial of human remains. Human Remains - a deceased human body or cremated remains. Interment (Inter/Interred) - the permanent disposition of remains by burial. Interment Right- -1 the particular right to interment for the remains of a deceased person in a specific grave within the Cemetery, subject to the limitations set forth herein. An interment right is a right to interment in a specific location. Interment Service - the opening and closing of a particular interment space. Interment Space - the particular grave, crypt, or niche within the cemetery to which a particular interment tight relates. An owner of an interment right does not, byvirtue of such ownership, acquire ownership ofthe property or of anyland or improvements within the cemetery. Inurnment - the placement of cremated human remains in an urn and a placement of such urn in a grave or niche in the cemetery. Lot one of a group of multiple contiguous spaces. Maintenance 1 the upkeep of the cemetery. Memorial - any marker, monument, neadstone, tablet, or monument bench on or in any space for identification or in memory of the individual interred there. Monument - a headstone, grave marker or similar permanent object of stone, bronze, or concrete that serves as a memorial to aj person interred in the lot upon which the monument is located. Ordinance 2025-07 Page 3 of 18 Owner - the owner of an interment right or rights within the cemetery, as reflected in the city's records. Perpetual Care - maintenance of the cemetery grounds, within the limits permitted by the income derived from the Care Fund for Interment space in keeping with Cemetery standards of care, including maintaining the necessary records of interment right ownership and burials and other necessary information and having information available to interested persons. This shall not include maintenance, repair or replacement of any individual memorial. Remains - what is left after a human death. Section - a group of contiguous multiple lots. Sepulture - the act of burying. Space - a lot on the official plat maps of the cemetery, intended for the interment of up to one casket burial and one cremains burial, or up to two cremains burials. Sec. 12.2. - Reserved. Sec. 12.3. - Rights reserved to city; use of roadways. (a) Under this chapter, the rights perpetually reserved to the city are the right to: (1) Enlarge, reduce, replat or change the boundaries or grading oft the cemetery, including changing the locations of or removing or regrading roads, drives or walks. (2) Lay, maintain and operate, alter or change pipelines and gutters for sprinkler systems or drainage. (3) Use city property for cemetery purposes. (4) Ingress and egress over lots for the purposes of maintenance and passage to or from other lots. (5) Close any road, walk or drive at any time. (6) Designate the location of any flowers, shrubs or trees planted or cultivated on a lot. (b) It is unlawful for any person to ride or drive any motorized vehicle in the cemetery except on the improved roads, drives or walkways. This does not prohibit the operation of mowing vehicles used in the maintenance of the cemetery grounds or vehicles authorized by the City of Gatesville as necessary toperformance of cemetery operation, including the opening and closing of lots. Sec. 12.4. - Admission. Ordinance 2025-07 Page 4 of 18 (a) The cemetery will be open daily for visiting, care of graves and other appropriate uses from one half hour before sunrise to one half hour after sunset. It is unlawful for any person, other than a city employee or cemetery caretaker on official business, to enter or remain within the cemetery at any time when the cemetery is not open. The City reserves the right to temporarily alter or amend these hours without notice as reasonably necessary to accommodate performance of cemetery operations. (b) It is unlawful for any person to enter the cemetery at any location other than an authorized entrance. (c) The caretaker will be on duty at the office of City Hall during normal City Hall business hours from Monday through Friday of each week. Sec. 12.5. - Purchase of certificates for the right of interment in lots. (a) All purchasers of certificates for the right of interment in cemetery lots must first select from the available lots at the cemetery. Such certificates may be purchased from the city. The placement or use of private mausoleums at the cemetery is prohibited. (b) Upon payment of the entire purchase price for a certificate for the right of interment in a designated lot, the city will issue the certificate which reserves the cemetery lot for use by the purchaser or the ourchaser's heirs, successors or assigns. (c) Each certificate for the right of interment will be issued to only one person including a designated representative under subsection (d). (d) When there are two or more purchasers of a certificate for the right of interment in a lot the purchasers may designate one or more persons to represent the purchasers regarding the certificate and file written notice of the designation with the city. In the absence of a notice, the city is authorized to permit an interment in a lot at the request or direction of any registered CO- purchaser of the property. (e). All cemetery certificates for the right of interment will grant to the purchaser only the right to use the lot for interment of only human remains, subject to the requirements of this chapter. (f) The price for each certificate for the right of interment in a lot is established by the city council according to the number of lots reserved for use by the certificate. (g) A person desiring to purchase a certificate for the right of interment must pay the total purchase price at the time of purchase. The city reserves the right to refuse interment in any lot for which the full purchase price has not been paid. A Ordinance 2025-07 Page 5 of 18 certificate for the right of interment will not be issued for any lot until the full purchase price has been paid. (h) Only a maximum of eight (8) spaces may be purchased at one time. (i) Certificates for the right of interment will only be issued to individuals and may not be issued under a business or LLC's name. Sec. 12.6. - Transfer of lots. (a) The sale, transfer, or assignment of any lot or space in the cemetery by any owner or purchaser shall not be binding upon the City untili it has been requested in writing and approved by the City, the requisite transfer fee has been paid, and a new deed containing the approval of the City is executed. (b) The transferee (through sale, transfer, assignment, or any other form of conveyance) must register the transfer of the certificate with the city. The city may refuse to register a transfer if the purchase price for the certificate has not been paid in full. In the event a transfer is requested when the purchase price has not been paid in full, the person requesting to receive the certificate will assume full responsibility for such payment which must be received prior to reissuance of a certificate for the right of interment. (c) Owners of a lot in the cemetery shall not allow interments to be performed in their lot for a profit. The price for re-sale of lot(s) cannot be more than the original price paid when space(s) was originally purchased. Sec. 12.7. - Repurchase of certificates by city. A purchaser or holder of a certificate of a right of interment may apply with the city to sell the certificate to the city. The city may, at its option, repurchase certificate at the price designated by the city council and on file in the city secretary's office at the time of original purchase. If no file exists in the city secretary's office and no proof is provided by the seller proving the original purchase price, the purchase price shall be set by the city council and shall in no event exceed $500. Sec. 12.8 - Reserved. Sec. 12.9 - Cemetery maintenance. (a)The city will provide for the general care and maintenance of the cemetery. (b) Such care and maintenance include the cutting of the grass at reasonable intervals, the cleaning of the lots and the care and pruning of the trees and shrubs that may be placed along the walks, roadways and boundaries. Care and maintenance by the city do not include the maintenance, repair or replacement of any gravestones, monuments, memorials, or decorations; the planting of flowers or ornamental plants; the maintenance or doing of any special or Ordinance 2025-07 Page 6 of 18 unusual work in the cemetery; or the construction or reconstruction of any damaged marble, granite, bronze or concrete work on any lot. (c). Additional City rights and responsibiuties include: (1) The City employees or contractors shall do all cemetery work, including, but not limited to, landscaping and care of the lots. No persons, other than the duly authorized representatives of the City, shall be allowed to perform any work within the cemetery without written authorization issued by the City, and any such work sO authorized shall be subject to all provisions contained herein pertaining to such activity. (2) The City shall take reasonable precautions to protect against loss or damage to property or rights within the cemetery; but it expressly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and specifically, but not by way of limitation, disclaims all responsibility for loss or damage caused by the elements, act of God, common enemy, thieves, assailants, vandals, malicious mischief maker, explosion, unavoidable accident, invasion, insurrection, riot, government act, or regulation or order of any military or civil authority, whether the loss or damage be direct or indirect. (3) The City may from time to time, as it sees fit, for the benefit of cemetery operations, temporarily waive certain rules and regulations. If this is required, this temporary condition does not constitute a permanent change in the Rules and Regulations of the Cemetery. (4) The City reserves and shall have the right to correct any errors that may be made in making interments, or sales, transfers or conveyances of interment rights, including the right to substitute and convey in lieu thereof other interment rights of comparable value and similar location (to the extent possible) as may be selected by the City. Alternatively, the City, in its sole discretion, may refund the amount of money paid on account of the purchase of interment rights, merchandise or services to which the error relates. If the error involves the interment of remains in the wrong location, the City may, at its option, transfer such remains to the correct location or to a similar location of comparable value. The City shall have no liability as a result of any errors of the type described inthis paragraph other than its obligation toi take the remedial actions described in this paragraph (6) The City reserves the right to enlarge, reduce, replat or change the boundaries or grading of the cemetery or of a section or sections thereof, from time to time, including the right to modify or change the locations of, or remove or regrade features, roads, drives, trees, shrubs, flowers, landscaping and walks. The City further reserves the right to lay, maintain, operate, alter or change drainage and ponds as well as the right to use the cemetery property, not sold to owners, for cemetery purposes, including the interring and preparing Ordinance 2025-07 Page 7 of 18 for interment of human remains, or for anything necessary, incidental or convenient thereto. (7) The City shall have sole and exclusive authority with respect to the planning, surveying and improvements within the cemetery. (8) If, in the judgment of the City, any tree, shrub or plant, by means of its roots, branches, or otherwise, becomes detrimental to the interment space upon which the plant stands or to any adjacent interment spaces or roads, drives or trails, or if for any other reason its removal is deemed necessary, the City shall have the right to remove such tree, shrub or plant, or any part thereof, or otherwise correct the existing condition. In the event of any such removal, the City shall have no obligation to replace any removed tree, shrub or plant. (9) No plantings or enhancements of any kind are allowed in the cemetery. This includes fences and stones either flush to the ground or that rise out of the ground. (10) Any enhancements not meeting the regulations of the cemetery will be removed by the City and will not be the responsibility of the City. (11) The City reserves the right to move any memorial if, int the opinion of the City, such a move is required in order to perform needed work in the cemetery such as opening an interment space or otherwise serves the purposes of cemetery maintenance or work. The memorial will be moved and replaced with no cost to the interment right owner. (d) Contractor requirements (1) Any damage to a cemetery lot, sace, or memorials, to include but not be limited to tracking wheel marks, will be corrected on the spot by the person causing the damage. (2) Insurance requirements for contractors: a. The project for which the contractor is engaged shall be performed at the sole risk of the contractor and by accepting and undertaking such project, the contractor agrees, without regard to negligence, gross negligence, or other acts or omissions on the part of the City to save and hold harmless City from and against all claims, damages, expense and liability (whether or not such liability has been judicially determined) including but not limited to claims, damages, expenses and liability for loss of life, personal injury or damage to property, resulting from or in any manner attributable to the performance of services, maintenance, use, operation or presence of the Contractor, the Project, or to the presence of the equipment or employees of Contractor, on any property within the cemetery or adjacent thereto owned by City. Ordinance 2025-07 Page 8 of 18 b. The contractor shall carry Workmen's Compensation Insurance and shall have all subcontractors carry Workmen's Compensation Insurance and shall carry Comprehensive Liability Insurance covering all operations and vehicles. The City shall be named as additional insured on liability insurance. C. The contractor shall submit certificates of insurance showing the contractor's coverage amounts for the following: i. Worker's Compensation - As required by State Law ii. Comprehensive General Liability 1. $1,000,000 Each Person 2.$1 1,000,000 Each Occurrence iii. Vehicle Liability 1. $1,000,000 Each Person 2. $ 1,000,000 Each Occurrence iv. Property Damage Insurance 1. $ 1,000,000 Each Occurrence 2. $ 2,000,000 Aggregate Limit Sec. 12.10 - Interments. (a). A completed application fori interment in the cemetery must be filed with the city before excavation begins for a burial. Prior to permitting any Interment in the cemetery, the City shall require the written authorization of the owner or representative of the interment rights. The following information must be furnished: (1) name, age and gender of the deceased; (2) date of birth and date of death of the deceased; (3) section, lot and/or space; (4e) name of funeral director or responsible party; (5) exact size, type and material of the burial casket and outer burial container; (6) date of interment and time of arrival at the cemetery; and (7) name, address and phone number of the next of kin. (b) The applicant must specify the exact location of the burial lot, section and/or space to be used. When for any reason an in-ground burial lot, section, and/or space cannot be opened where specified, the caretaker may direct the burial lot, section and/or space to be opened in a location in the cemetery deemed by the caretaker to be best and proper, notifying the mortuary, sO as not to delay the funeral. (c) The mortuary performing interment services must secure the gravesite, must provide for the immediate cleaning of the gravesite and must remove all debris, fill or equipment resulting from or used by the mortuary. Ordinance 2025-07 Page 9 of 18 (d) The mortuary performing interment services, for any casketed or shrouded remains, should use an outside burial container made of concrete, metal, poly, or other material approved under state law. (e) The maximum number of burials allowed per space (grave) is: (1) One casketed burials, (2) One casketed burial, and one cremation, or (3) Up to two cremations. (f) Ownership of interment rights: (1) An owner of an interment right does not, by virtue of such ownership, acquire property or deed ownership of the interment space or of any land or improvements within the cemetery. (2) A certificate of interment rights shall be issued upon full payment of the purchase price of an interment right. Every interment right shall be subject to (a) all applicable laws and governmental regulations; (b) the Articles of Incorporation and other documents establishing the cemetery; and (c) all Rules and Regulations adopted by the City Council, as now in force or as hereafter amended or adopted, whether or not as set forth herein. (3) Interment rights can be purchased in the Cemetery only with the written approval of the City and subject to the Rules and Regulations of the Cemetery now or hereafter adopted bythe City Council and fort the purpose of Interment only. (4) The individual(s) named in the certificate of interment rights issued and of record will be presumed to be the owner(s) of the Interment right unless the City receives written notice to the contrary by the owner or by the Court. The City records shall be sufficient warrant in all matters regarding ownership. (5) If an owner of record dies without providing a written declaration or a specific devise by will, any unused Interment rights descend to the heirs at law of the owner subject to the interment Rights of the descendant and his or her surviving spouse. His orher heirs or devisees should immediately file their ownership claim and address with the cemetery in writing. If the deceased owner left the interment space by will to some designated person, a certified copy of the will shall be submitted to the City sO that the transfer of Ownership may be recorded. (6) No transfer or assignment of any interment right, or interest therein shall be valid until accepted in writing by the City on the City's forms and recorded in the books of the City. Ordinance 2025-07 Page 10 of 18 (7) The City may fix a charge for all transfers of ownership. No transfer of ownership shall be complete or effective until any and all charges are paid. (8) No more than one casketed burial and one cremains burial or two cremains burial is permitted in any one space. (9) In orderto inter additional human cremated remains in a grave purchased with a single interment right, an additional Interment right must be purchased. (10) After a deceased casketed burial, only one cremated remains may be interred in the same grave. The deceased casketed burial must be Interred first. (11). AlL interments are single depth. (12) When there is no deceased casketed burial interred in a lot, up to two cremated remains may be inurned in the same Lot upon payment for the additional interment right. (13). AlL interment rights are designed at a standard size of 5 ft. wide and 10 ft long. Any oversized interment may need to purchase a second right. (g) Owners' Rights (1) Interment rights within the cemetery shall be used for no purpose other than for the interment and/or memorialzation of human remains. (2) All interment rights in the cemetery are conveyed and shall be held subject to (a) all applicable laws and governmental regulations; (b) Charter, or other documents establishing the Cemetery; (c) all By-Laws and Rules and Regulations adopted by the City Council. (3) The spouse, children and parents of the certified owner of record of more than one interment right have vested rights. The spouse of an owner has a vested Interment right in the space superior to any other person even if they became the spouse after the rights were acquired. No transfer or other action of the owner, without the written consent of all owners, divests a vested interment right. A vested interment right may be released by waiver, terminated upon the interment elsewhere of the remains of the person in whom vested, or int the case of a divorce, unless iti is otherwise provided in the divorce decree. No vested interment right gives the right to be interred where any deceased person having a prior vested interment right was interred, nor does it give the right to have the remains of more than one deceased person interred in a single interment space in violation of these Rules and Regulations. (4) When an interment of the owner or a member of the owner's family has been made in a lot, thereafter, unless the City was otherwise directed in Ordinance 2025-07 Page 11 of 18 writing by the owner, the lots shall be held as the family lot of the owner and no interment rights therein may be transferred to non-family members unless such a disposition was made by the owner in a will, by a specific devise or by a written declaration filed and recorded prior to the owner's death in the cemetery office. In a family lot, the following shall have preference as to use: (a) One interment right may be used for the owner's interment. (b) One interment right may be used by the owner's surviving spouse, ifa any, who has a vested interment right in it. (c) If any interment rights are remaining, the parents and children of the deceased owner, in order of death, may be interred without the consent of any other person claiming any interest in the rights. (d) If no parent or child survives, the interment right goes in order of death, (1) to the spouse of any child of the record-owner, and in order of death, (2) to the next heirs at law of the owner or the spouse of any heir at law. (5) Subject to these Rules and Regulations of the Cemetery, interment rights are transferable. Upon the receipt of written instructions or a certified copy of a will containing specific devises from the deceased owner of record, the City shall restrict interments to the persons designated in the authorization or devise. The City will not accept a transfer of a family burial estate after interment of the original owner or owners, except for the interment of family members or others as designated in writing or by a will by the owner or by court order. (6) The City shall have the right to refuse to consent to a transfer or to an assignment of any interment right until the purchase price of the interment right has been paid in full. (7) The City may exchange interment rights when desired by owner, but where there are interment rights of lesser value no compensation will be given to the lot owner. When such an approved exchange is made, the original conveyance must be surrendered by proper assignment, or byreconveyance, if considered necessary, before any change is affected. (h) Other regulations (1) The City relies upon the identification of the deceased provided by the next-of-kin or authorized representative and shall have no obligation to independently establish or verify the identity of the remains to be interred. (2) The City shall make the final determination as to the grading of a grave and reserves the right to level, fill, re-grade and plant all graves. (3). All casketed burials must have a minimum of 24 inches of cover from the shallowest point if there is no outer burial container and 18 inches if there is Ordinance 2025-07 Page 12 of 18 an outer burial container. AlL interments of cremated remains shall have a minimum of twelve inches of cover from the shallowest point. (4) Health and Safety Code Reference, section 714.001 regarding depth of graves shall apply, to wit: (a) The body of a decedent may not be buried in a manner sO thatthe outside top surface of the container of the bodyi is:(1) less than two feet below the surface of the ground if the container is not made of an impermeable material; or (2) less than 1-1/2feet below the surface of the ground if the container is made of an impermeable material. The criminal penalties set forth in the Health and Safety Code shall be applicable. (5) No interment / inurnment changes are permitted without the City's knowledge. AlL appropriate forms, payments and releases must be signed before changes can be completed. Sec. 12.11. - Disinterments. (a) Disinterment of a body in the cemetery is permitted only by order of a court of competent jurisdiction or written permission from a person having authority to permit the disinterment. This section 12.11 shall not apply to actions by the City to correct an error as set forth in this chapter. (b) A mortuary performing a disinterment must secure the gravesite, must provide for the cleaning of the gravesite and must remove all debris, fill or equipment resulting from or used by the mortuary. (c) Health and Safety Code Reference Sec. 711.004 regarding removal of remains and any more stringent standards seti forth herein shall be applicableto all disinterments. (d) In respect to the health and safety of the City employees and contractors, a new outer burial container and casket may be required. In these cases, the owner and next of kin of the deceased will be responsible fort these costs. (e). All disinterments must be conducted with a licensed funeral director and a representative of the City present. Depending on the circumstances of and reasons for the disinterment, the City may, at its option, elect to hire other professionals to be present at the disinterment. The owners will pay any and all costs associated with the disinterment in advance. Sec. 12.12. Enclosure of lots; maintenance. (a) It is unlawful for a person to place or construct an enclosure including a fence, coping, hedge or ditch around any lot or space in the cemetery. (b) The person responsible for installing or maintaining an enclosure that is damaged to the extent that iti is unsightly or hazardous must repair or remove the enclosure within ten days of receipt of written notice from the City, or the City is authorized to remove the enclosure. Ordinance 2025-07 Page 13 of 18 Sec. 12.13. - Decoration of lots. (a)Monuments. Monuments in the cemetery are subject to the following: (1) No memorial, monument, or grave marker is allowed on any burial space until the purchase price for the right of use of the space has been fully paid and the instrument granting the right of use has been delivered to the purchaser. (2) Persons erecting monuments shall not leave material or rubbish on adjoining lots. Work must be completed as soon as possible, and any material or rubbish must be removed at once. (3) Persons erecting monuments are responsible for any damage done by them to any property in the cemetery, including grass and trees. AlL work is subject to the control and direction of the City. (4) Wooden planks must be used for placing and rolling stone monuments on rocks or grass. (5) Businesses are prohibited from placing their names on any monument or placing signs within the cemetery to advertise the firm ori its products. (6) The location of any proposed monuments must be identified by city staff before the construction begins. It is mandatory to coordinate in advance any suchi installation of monuments with the city staff. Failure to notify or consult with city staff regarding any installation or failure to comply with any city ordinances herein may result in corrective measures taken at the expense of the responsible party. City shall not be responsible for any loss claimed as a result of City action in removing monuments placed without the required authorization. (7) AlL monuments placed in areas of the cemetery must be all granite, marble, bronze, stone, or material approved by the City of Gatesville, and must have a reinforced concrete base. Any monument more than eight feet high is required to have an engineered foundation and be approved bythe City upon ai finding that the proposed monument is suitable for1 the location based on such factors as safety, interference with maintenance, compatibility with the scale, height, massing and design aesthetic of surrounding monuments, or similar factors deemed relevant by the City. (8) The maintenance of all monuments in the cemetery is the responsibility of the person having the lawful right of use or maintenance of the lot associated with the monument, or their surviving family members or descendants. This maintenance will include, but is not limited to, the following: a. The cleaning of the monument, Ordinance 2025-07 Page 14 of 18 b. Ensuring that the monument is seated properly, stable and remains stationary against application of a reasonable force, and C. Repairing any damage to the monument or the structure of the monument, including replacement, if necessary. (9)In the event that a monument is in need of maintenance, the parks and recreation director will send a letter requesting such repairs to the person having a lawful right or use or maintenance of the lot or their surviving family members or descendants, if known, advising of the necessary maintenance. If such persons cannot be located, then a city representative will publish a newspaper notice of the necessary maintenance in accordance with the procedures described in V.T.C.A., Estates Code, Chapters 51 and 202. If the necessary maintenance is not performed within the time period stated in the notice, then the city may, in the interests of safety, initiate action to have the necessary maintenance performed, or have the monument removed. A city representative will bill any cost incurred by the city for the maintenance to such persons, if known. (10) Memorials will be placed on the undisturbed portion of the grave (11). All flush memorials shall be set flush with the natural grade (12) If any memorial or mausoleum becomes unsafe the city has the right to correct" the condition or remove the memorial or mausoleum. Mayl be charged to the owner of the space (13) All memorials shall be installed and maintained at the owner's expense (14) Memorials shall be made of granite or marble with a minimum thickness of 41 inches or cast bronze of any thickness. (15) The base of all memoriats shall be 18 in. or less in width (16) The maximum length of a single memorial shall not exceed 50 in. (17) The maximum length of a companion memorial shall not exceed 110 inches (18) Only one memorial will be permitted at the head and foot of a space. A companion or1 family memorial may be placed upon two or more spaces. Any memorial placed at the foot of a space must be flush. (19) The City reserves the right to stop all work of any nature, whenever, in its opinion, proper preparations have not been made, or when tools and machinery are insufficient or defective, or when work is being executed in such a manner ast to threaten life or property, or when anyreasonable request on the part of the City has been disregarded, or when work is not being Ordinance 2025-07 Page 15 of 18 executed according to the specifications and installation requirements of the City. (20) Any Contractor who willfully violates the Rules and Regulations, specifications ori installation requirements of the City may be prohibited from performing any further work in the Cemetery. (b)Flowers, shrubs, trees, or decorations. Flowers, shrubs, trees, and decorations in the cemetery are subject to the following: (1) Fresh cut flowers may be placed on any lot, but they must be removed within two weeks or when, in the caretaker's opinion, they become unsightly or detrimental to maintenance. The caretaker, in his/her sole discretion, may remove flowers not SO removed. (2) Artificial flowers, sprays or wreaths are allowed, but they will be removed by the caretaker when, in the caretaker's sole discretion, they become unsightly or blow off the lot on which they were placed. (3). All decorations must be firmly secured or fastened to the monument. Posts or poles are not allowed to be staked into the ground. (4) Animal feeders or animal houses are not allowed. (5) No items may be hung from any tree, shrub, or plant. (6) Glass containers/decorations are prohibited. (7) Unfilled vases will not be allowed to remain on a lot unless permanently affixed to a monument. After one month, unclaimed vases will be disposed of at the caretaker's discretion. (8) Flags next to or as close to a marker will be permitted but may be removed when they become unsightly. (c). Any other structural amenities, which must also be primarily of marble or granite, must have the approval of the City before being placed on the lot. (d) Unapproved items will be removed bythe caretaker and disposed of at the caretaker's discretion. Weathered and unsightlyi items will be removed during the spring and fall cleanup. (e) The caretaker is authorized to enforce the provisions of this section. The City will not be liable or responsible for items removed under this section. Sec. 12.15 - Miscellaneous prohibitions; penalty for violations. (a)In addition to any other prohibited or unlawful conduct set forth in this chapter, entry into and use of the cemetery shall be subject to the restrictions in this section. Ordinance 2025-07 Page 16 of 18 (1) The consumption or open display of alcoholic beverages is prohibited. (2) Loitering, loud music, excessive vehicle noise or other behavior that disrupts the peace is prohibited. (3) All pets must be on leash or otherwise restrained in accordance with applicable ordinances, and pet owners shall ensure they pick up after their pet. (4) Water is for landscape irrigation use only. Watering shall be performed only by City personnel or contractors. (5) Vehicles may only be parked on paved streets or drive aisles. No vehicles are allowed in the cemetery except during cemetery hours. Vehicles parked in violation of this subsection may be towed at the owner's expense. (6) Visitors to the cemetery shall comply with all appucable laws. (7) The City reserves the right to require all persons coming into the cemetery to obey all Rules and Regulations adopted by the City Council. (8) While visiting the cemetery, visitors should secure personal items at all times and proceed across the terrain of the cemetery with care and at their own risk. The City shall not be liable for damage or injury to any person or property in the cemetery, including death, whether the damage be direct or collateral. (9). Anyone in the Cemetery jogging, biking or walking during normal business hours must avoid areas where interment services are either in progress or about to begin. (b)A violation of this section is a Class C misdemeanor, punishable by a fine not to exceed $500.00 Sec. 12.16-Trustee for care and upkeep. Under and by virtue of the authority vested in the city council, by virtue of Texas Health and Safety Code S 713.002, the city council shall act as a permanent trustee for the care and upkeep of the lots and graves in the cemeteries now owned and/or operated by the city. By this section, the city signifies its willingness and intention to act as such trustee and that the city council accepts such trust. Sec. 12.17 - Rules and regulations. The city council shall, from time to time, make such reasonable rules and regulations as such trustee as are necessary to receive gifts, grants, and donations from any source for the care and upkeep for the city owned or controlled cemeteries. The acceptance by the city of the funds specified for such cemetery maintenance purpose shall constitute the trust fund and shall Ordinance 2025-07 Page 17 of 18 be used exclusively for the maintenance of the city owned or controlled cemeteries and for the acquisition of additional grave space or the improvements reasonably necessary concerning the present or any future cemeteries owned or controlled by the city. Sec. 12.18 - Keeping of records. The city, as such trustee, shall keep a permanent and well-bound record book in which shall be kept in alphabetical order the names of all persons or entities which have given or donated funds for the cemetery maintenance fund. Such record book shall be maintained at the city hall and shall be open for inspection by any interested party. Sec. 12.19. - Investment of funds. The city shall invest and reinvest all funds advanced to iti for1 the purposes herein set forth in interest bearing bonds, securities or any other form of savings or investment determined to be appropriate by the city council and shall cause all interest, dividends, income or any other growth from such funds to be deposited in the cemetery maintenance fund for the purposes outlined in this chapter. Sec. 12.20-Texas Trust Code. The cemetery maintenance fund shall be administered by the trustee for the purposes and under the conditions set forth hereinabove. However, any action by the city council acting as trustee hereunder shall be controlled by the Texas Trust Code section 111.001, et seq. Sec. 12.21 - Prohibiting construction of borders and crushed stone or gravel on gravesites in Restland Cemetery. It shall be unlawful for any person, group, or entity to construct a border from any material whatever or place crushed stone or gravel on any grave site in the Restland Cemetery." SECTION2. Ifany section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Gatesville, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION: 3. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice ofthe time, place and purpose oft this meeting was given as required by law. SECTION 4. This Ordinance shall become effective immediately upon its passage, approval, and publication as may be required by law. Ordinance 2025-07 Page 18 of 18 The foregoing Ordinance No. 2025-07 was read the first time and passed to the second reading this 11th day of February, 2025. The foregoing Ordinance No. 2025-07 was read the second time and passed to the third reading this 25th day of February, 2025. The foregoing Ordinance No. 2025-07 was read the third time and was passed and adopted as an Ordinance to the City of Gatesville, Texas, this 11th day of March, 2025. , F BY: w . - - - Do. GARY M CHUMLEY, MAYOR 1870 ATTESTED: APPROVED AS TO FORM: yo os HOLLY COWENS, T.R.M.C. VICTORIA THOMAS CITY SECRETARY CITY ATTORNEY 4912-4270-2359, V. 1 Regular 3/11/2025 Ordinance 2025-07 Gateslille Spur Capital ofTexas Agenda Item #8 CITY COUNCIL MEMORANDUM Date: March 11, 2025 To: Mayor & City Council From: Bradford Hunt, City Manager Agenda Item: Discussion regarding additions and amendments to City Ordinance, Chapter 12, Cemeteries, 3rd and Final Reading. Information: This is the third and final reading of proposed changes to City Ordinance Chapter 12, Cemeteries. There were no requested changes during the second reading. The first and second reading passed unanimously (1s1) 6-0-0 and (2nd) 6-0-0. Previous Information: The existing city ordinance regarding City of Gatesville cemeteries was adopted in 1988 and received one minor addition in 1994. It outlines the means by which the City cemeteries are funded and maintained, and does not list any rules, regulations, or guidelines for day-to-day operations of the cemeteries. City Manager Hunt and staff seek to codify modern rules, regulations, and procedures for cemetery management and care; thus, we propose significant additions to the city ordinance. The proposed ordinance additions are taken from various sources that exhibit modern and accepted best practices. The full ordinance has been reviewed by City Attorney Victoria Thomas. The rules, specifically, will assist in maintaining a safe and serene setting for the city cemeteries. Financial Impact: There is no financial impact this current FY. In future FYs, we may propose budget items that enhance security and visitor experiences. Staff Recommendation: The staff recommends passing Ordinance 2025-07 adopting the amended City Ordinance, Chapter 12, of the City of Gatesville Code of Ordinances. Motion: make a motion to pass Ordinance 2025-07 adopting the amended City Ordinance, Chapter 12, of the City of Gatesville Code of Ordinances. Staff Contact: Brad Hunt, City Manager Dhunt@galesy/leix.com