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20-1624ORDINANCE NO.20- 1624 AN ORDINANCE OF THE CITY OF DENTON, AMENDING CHAPTER 25 “STREETS, SIDEWALKS AND PUBLIC PLACES” OF THE CODE OF ORDINANCES, BY AMENDING SECTION 25-160, CODE OF ORDINANCE, “INTERMENTS” TO INCREASE THE NOTICE REQUIRED FOR BURIAL PERMITS TO FORTY-EIGHT-HOURS; AND AMENDING SECTION 25-161, “CONCRETE WORK,” TO INCLUDE THE REMOVAL OF THE MONUMENT PERMIT LATE FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City needs more than 24 hours’ notice to adequately prepare a burial plot; and WHEREAS, the City’s Parks and Recreation Department has determined that the herein described amendments will be consistent with the schedule of fees for cemeteries and use of certain park facilities and are in the best interests of the public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 25, Code of Ordinances, City of Denton, Texas “Streets, Sidewalks and Public Places,” “Article III. Cemeteries,” the current text in Section 25-160 is hereby repealed and replaced with the following: Sec. 25-160. - Interments. (a)Permits. An application for burial must be filed with the director of parks and recreation and a special permit in writing shall be obtained for all interments. A fee established by the city council and on file in the office of the city secretary shall be paid for each permit issued under the terms of this section. Any permit obtained less than forty-eight-hours before the burial shall be assessed a late fee as established by the city council and on file in the office of the city secretary. (b)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 (by Block, Section and Grave at Oakwood, or Division, Block, Grave at I.O.O.F.) on the plat book in the office of the Parks and Recreation Department at 321 E. McKinney Street, and the city shall not be responsible for errors in location. (C)Permit for grave digging 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 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 in the amount of five thousand dollars ($5,000.00), conditioned that the principal shall well and truly perform all contracts entered into by him for the 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 because of such service. (d) (e) (f) (g) Forty-eight-hour notice required. A forty-eight-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 eighteen (18) inches between the top of the permanent-type container and the ground surface. Grave backfrtling. All graves shall be backfilled and force-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%) inches thick. Metal vaults shall be a minimum of twelve- gauge thickness. Charge by owner prohibited. No owner of any lot or block shall charge for any interment made thereon. (h) SECTION 2. Chapter 25, Code of Ordinances, City of Denton, Texas “Streets, Sidewalks and Public Places,” “Article III. Cemeteries,” the current text in Section 25-161 is hereby repealed and replaced with the following: Sec. 25-161. - Concrete work. (a)Permit required. Prior to performing any work, a person 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 with an agent of the city to locate the gravesite where the stone is being constructed. The person performing the work must comply with all rules, specifications and requirements of the city in regard to such cemeteries. Fee. A fee as established by the city council and on file in the office of the city secretary shall be paid for each monument permit issued under the terms of this section. (b) (C)Bond. 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 in the amount of one thousand dollars ($1,000.00), 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 because of the erection of monuments and tombstones or the performance of concrete work in the city cemeteries by the principal. Performance of work. Concrete 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 completion, 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, in addition, shall thoroughly clean the lot or block (d) upon which such work was done of all trash or litter and remove the trash or litter from the cemeteries. SECTION 3. This ordinance shall be effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by PoD \ Me'\{ be( , the ordina) y the following vote n-1] : Aye ./ ,/ J- -J- r I I Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED thi, th, a d,y ,fb__, 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY z/a APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Sec. 25-160. - Interments. (a)Permits. An application for burial must be filed with the director of parks and recreation and a special permit in writing shall be obtained for all interments. A fee established by the city council and on file in the office of the city secretary shall be paid for each permit issued under the terms of this section. Any permit obtained after less than forty-eight-hours before the burial shall be assessed a late fee as established by the city council and on file in the office of the CIty secretary. (b) 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 (by Block, Section and Grave at Oakwood, or Division, Block, Grave at I.O.O.F.) on the plat book in the office of the Parks and Recreation Department at 321 E. McKinney Street, and the city shall not be responsible for errors in location. (C)Permit for grave digging 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 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 in the amount of five thousand dollars ($5,000.00), conditioned that the principal shall well and truly perform all contracts entered into by him for the 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 because of such service. T\verIFy four ++our Forty-eight -hour _notice required A twenty four hour forty-eight-hour notice to the director of parks and recreation shall be required for the preparation of a grave for burial. I (d) (e) (f) (g) Grave depth. All graves shall be excavated to a depth which will permit a minimum of eighteen (18) inches between the top of the permanent-type container and the ground surface. Grave backfilling. All graves shall be backnlled and force-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 (11/,) inches thick. Metal vaults shall be a minimum of twelve-gauge thickness. Charge by owner prohibited. No owner of any lot or block shall charge for any interment made thereon. (h) (Code 1966, § 6-4; Ord. No. 2009-238, § 3, 9-22-09) Sec. 25-161. - Concrete work. (a)Permit required. Prior to performing any work, a person 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 with an agent of the city to locate the gravesite where the stone is being constructed. The person performing the work must comply with all rules, specifications and requirements of the city in regard to such cemeteries. Fee. A fee as established by the city council and on file in the office of the city secretary shall be paid for each monument permit issued under the terms of this section. Any permit the city secretary. Bond. 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 in the amount of one thousand dollars ($1,000.00), 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 because of the erection of monuments and tombstones or the performance of concrete work in the city cemeteries by the principal. Performance of work. Concrete 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 completion, 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, in addition, shall thoroughly clean the lot or block upon which such work was done of all trash or litter and remove the trash or litter from the cemeteries. (b) (C) (d) (Code 1966, § 6-6; Ord. No. 2009-238, § 4, 9-22-09)