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1982-042AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, 1966, AS AMENDED, RELATING TO CEMETERIES, PROVIDING FOR CERTAIN FEES, PROCEDURES AND REGULATIONS, PROVID- ING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN FFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINq SECTION I That Section 6-2 of Chapter 6 of the Code of Ordinances of the City of Denton, Texas, 1966, as amended, is amended to read as follows Section 6-2 PLATTING AND SALE OF LOTq OR BLOCKS Platting Oakwood and I 00 F Cemeteries shall be platted into lots and blocks by the Director of Parks and Recreation , who shall prepare, maintain and keep in his office a plat of said oemeterles as a public record Sale of Lots or Blocks Such lots and blocks shall be sold for cash, at the prices hereinafter set forth ~n this section The deed of conveyance of any such lot or block shall be executed by the C~ty Manager or his designee, and all such lots and blocks shall be sold in strict accordance with the terms of this chapter No lot or block in either of such cemeteries shall be bought or sold without written permission from the Director of Parks and Recreation, and all titles to such lots or blocks shall pass throuqh the city There shall be a recordinq fee of Twenty-Five Dollar~ ($25 00) for recording any change in title or ownership in any lot or block in either of the cemeteries after the initial conveyance of same by the city Prices Paid for Lots in City Cemeteries RESIDENTS NON-RESIDENTS I 00 F Cemetery $150 00 $200 00 Oakwood Cemetery $150 00 $200 00 The sum of Fifty Dollars ($50 00) shall be paid for each infant lot or space in designated areas at I O O F and Oakwood Cemeteries SECTION II That Section 6-4 of Chapter 6 of the Code of Ordinances of the City of Denton, Texas, 1966, as amended, is amended to read as follows Section 6-4 INTERMENTS Permits An application for burial must be filed with the--h-~--~rector of Parks and Recreation and a special permit in writing shall be obtained for ali interments A fee of Ten Dollars ($10 00) shall be paid for each permit issued under the terms of this section Location of Site When an interment is to be made, the owner of the lot or his agent shall locate the site of the grave on the plat book in the office of the Parks and Recreation Department and the city shall not be responsible for errors in location Permit for Grave Die,lng Services No person shall perform any grave digging services in cemeteries owned and operated by the city without first having obtained a permit in accordance with the terms and provisions of this section Any person or persons desiring to dig graves in the city cemeteries shall file with the Director of Parks and Recreation a corporate surety bond payable to the City of Denton in the amount of Five Thousand Dollars ($5,000 00) conditioned that the principal shall well and truly perform all contracts entered ~nto by him for opening and closing of graves in the city cemeteries and conditioned further that the principal shall pay any and all damages to the City, or any third party, incurred by reason of such service A twenty-four hour notice to the Director of Parks and Recreation shall be required for the preparation of a grave for burial Grave Depth All graves shall be excavated to a depth which will permit a minimum of e~ghteen (18") Inches between the top of the permanent type container and the ground surface Grave Backfilling All graves shall be backf~lled and forced settled by hydraulics or mechanical means to the satisfaction of the Parks and Recreation Department Permanent Containers All Interments shall be made in a permanent type concrete box, concrete vault or metal vault which will prevent settling and collapse of grave sites Concrete boxes and vaults shall be reinforced with wire mesh and be a minimum of one and one-half (1-1/2") inches thick Metal vaults shall be a minimum of twelve (12) gauge thickness Charge by Owner Prohibited No owner of any lot or block shall charge for any interment made thereon SECTION III That Section 6-5 of Chapter 6 of the Code of Ordinances of the City of Denton, Texas, 1966, as amended, is hereby deleted SECTION IV That Section 6-6 of Chapter 6 of the Code of Ordinances of the City of Denton, Texas, 1966, as amended, is amended to read as follows PAGE 2 Section 6-6 CONCRETE WORK IN CEMETFRIEg Permit Required Any person or persons desiring to erect monuments or tombstones or perform concrete work in the city cemeteries shall first obtain a written permit from the Director of Parks and Recreation and shall meet and comply with all rules, speclfication~ and requirements of the city in regard to such cemeteries A fee of Ten Dollars ($10 00) shall be paid for each permit issued under the terms of this section Prior to the issuance of any such permit, the applicant shall file with the Director of Parks and Recreation a corporate surety bond payable to the City of Denton, in the amount of One Thousand Dollars ($l,000 00), conditioned that the principal shall well and truly perform all contracts entered into by him for the erection of monuments or tombstones or the performance of concrete work in the city cemeteries, and conditioned further that the principal shall pay any and all damages to the city, or any third party, incurred by reason of the erection of monuments and tombstones or the performance of concrete work in the city cemeteries by the principal Performance of Work Conorete for use on any lot or block shall be mixed and prepared in the streets of the city cemeteries and the person performing such work shall upon comp]etlon, immediately remove all remaining sand, gravel, tools and other equipment from the cemeteries and leave the streets in the same condition as before the work was performed and, ~n addition, shall thoroughly clean the lot or block upon which such work was done of all trash or litter and remove the same from the cemeteries SECTION V That Section 6-7 of Chapter 6 of the Code of Ordinances of the City of Denton, Texas, 1966, as amended, ~s further amended as follows A No construction of any nature or kind, such ag curbing, fencing, coping, or enclosure of any kind, whether of vegetation or construction, around any block or lot within the cemeteries will be permitted No reconstruction of any of the existing aforementioned items shall be permitted except monuments and tombstones B NO granite, bricks, stones, wood, concrete, corner stones or any kind of artificial walkways or walks will be permitted on or adNoin~ng lots in the cemeteries except such walkways or walks as may have been provided, or will be provided, in the cemeteries by the City of Denton C All monuments and tombstones shall be set in concrete on a substantial concrete foundation which shall extend three inches beyond all sides of grave markers PAGE 3 D Ail lettering on tombstones or monuments in the Oakwood Cemetery shall be on the east sides of such monuments or tombstones in spaces one (1) through four (4) in any block and shall be on the west sides of such monuments or tombstones in spaces five (5) through eight (8) in any block E All lettering on tombstones or monuments in the I 0 0 F Cemetery shall be on the east sides of such monuments in spaces one (1) through five (5) in any block and shall be on the west sides of such monuments or tombstones in spaces five (5) through eight (8) in any block F All graves will be maintained at the same grade level as the surface of the ground surrounding the lot, and under no circumstances will the grave be covered with a concrete slap or any other type of slab or covering G Floral designs and other decorations w~ll be removed from lots and graves as soon as they become wilted or unsightly Items desired to be retained must be removed within seventy-two (72) hours after placing on lot or grave Permanent bronze, granite or marble vases and/or urns may be placed on lots H The Parks and Recreation Department shall have the right to remove all forbidden objects and to destroy all diseased, unsightly or undesirable trees, shrubs, or plants The department reserves the right to trim or prune any shrub and/or plant whenever it is deemed necessary or advisable SECTION VI That Chapter 6 of the Code of Ordinances of the City of Denton, Texas, 1966, as amended, is amended by adding thereto a new Section 6-9 which shall hereafter read as follows Section 6-9 CEMETERIES CLOSED DURING CERTAIN HOURS The city cemeteries shall be closed to the public from n~ne o'clock p m until slx o'clock a m the following morning SECTION VII That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance 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 C~ty of Denton, Texas, hereby declares It would have enacted such remaining port~ong despite any such ~nvaltdity PAGE 4 SECTION VIII That this ordinance shall be and become effective from and after its adoption //~~ PASSED AND APPROVED this the day of May, 1982 _/ ATTEST~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 5