(a) 
The city does confirm and ratify the establishment of a cemetery upon the following described property situated in the county: all of the lots in Block A, B, C, E, F, G, H, I, J, K, and L according to the map or plat thereof duly recorded in Volume 85, page 210 (slide no. 42) of the deed records of the county; and whereas the described property was replatted, all of the lots in Block A, B, C, D, E, F, G, H, J, K, M, and N according to the map or plat thereof duly recorded in Volume 1, pages 23 and 24 (slide nos. 18 and 19) of the plat records of the county.
(b) 
The city does for the use and benefit of its citizens establish an expansion to the cemetery which shall be known as the City of Kermit Cemetery Park Addition and which shall consist of all the lots in Blocks O, P, Q, R, S, T, U, V, W, X, Y, and Z according to the map or plat thereof duly recorded in Volume 1, page 17 (slide nos. 13 and 14) of the plat records of the county.
(c) 
The city does for the use and benefit of its citizens establish an expansion to the cemetery which shall be known as the City of Kermit Cemetery Memorial Addition and which shall consist of all the lots in Blocks AA, BB, CC, DD, EE, FF, and GG according to the map or plat thereof duly recorded in Volume 1, page 78, of the plat records of the county.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.01)
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Babyland.
All of Lots 137 through 346 inclusive in Block T of the Cemetery Park Addition and Lots 1 through 206 inclusive in Block EE of the Cemetery Memorial Addition.
Cemetery.
The city cemetery, and shall include the property set forth in section 10.03.001.
Cemetery foreman.
The cemetery foreman for the city.
Certificate of interment rights or certificate.
The instrument conveying interment rights in the cemetery.
Department.
The cemetery department of the city.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.03)
(a) 
It shall be the responsibility of the city to establish a department to perform and administer the activities of the cemetery. The department shall be responsible for the performance of all interments and disinterments and for the care, maintenance, and improvements of the cemetery. The care and maintenance of the cemetery shall include the upkeep and repair of the sod and the care of trees, shrubs, and flowers planted by the department. Landscaping of the cemetery will be within the discretion of the city.
(b) 
The right to enlarge, reduce, replat, or change the boundaries or grading of the cemetery or a section thereof, from time to time, including the right to add, remove, modify, or change the location of roads, streets, right-of-way, or walkways or to improve or maintain any part thereof, is hereby expressly reserved to the city. The right to lay, maintain, operate, or alter or change pipelines and gutters for sprinkling systems or drainage is also expressly reserved to the city as well as is the right to use cemetery property not sold to individuals for cemetery purposes. The city reserves to itself, and to those entitled thereto, a perpetual right of ingress and egress over the lots in the cemetery for the purpose of passage to and from other lots and for the purpose of maintaining the cemetery.
(c) 
The city shall take responsible precautions to protect the property rights of the holders of certificates in the cemetery from loss and damage to such property rights, but it distinctly disclaims all responsibility for any loss or damage from causes beyond its control and especially from damage caused by the elements, acts of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether damage be direct or collateral.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.04)
There is established a department to be called the cemetery department, and the person appointed by the director of public works to administer and enforce the sections of this article shall be known as the cemetery foreman. The cemetery foreman shall serve for an indefinite period of time and shall be subordinate to and subject to dismissal by the director of public works. The director of public works may designate as a substitute, an employee of the city, who shall, during the absence or disability of the cemetery foreman, exercise all duties of the cemetery foreman.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.05)
The cemetery foreman is empowered and ordered to enforce all rules and regulations set forth and shall make notice for correction or exclude from the cemetery any person violating the same. The cemetery foreman shall have charge of the maintenance and improvements of the grounds and buildings of the cemetery and at all times the cemetery foreman shall have supervision and control of all activities of persons in the cemetery, including funerals, traffic, employees, lot owners, persons engaged by lot owners, and visitors.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.06)
Any employee of the city connected with the department shall not be financially interested in the furnishing of labor, materials, or appliances other than the requirements of his or her duties as employed by the cemetery department. Such employees shall not engage in any work which is inconsistent with their duties or with the interests of the department. No employee of the cemetery, including the cemetery foreman, is permitted to accept any fee, tip, or gratuity or to accept any form of compensation from anyone for private or separate maintenance or care of any particular lot or plot within the cemetery.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.07)
Any act of care, maintenance, or improvements to the grounds, buildings, structures, or any cemetery appurtenances by an employee of the cemetery department or any action taken by the cemetery foreman or his or her authorized representative to enforce and maintain the provisions of this article shall be on behalf of the city and in doing so shall not render themselves personally liable for any damage which may occur to person or property as a result of an act or action performed or committed in good faith and without malice, and any suit brought against any employee of the city by reason thereof shall be defended by the city attorney until final determination of the proceedings contained therein.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.08)
The cemetery shall be open from 6:00 a. m. to 30 minutes prior to sunset each day. No person shall be permitted to enter the cemetery when it is not open without express permission and attendance by the cemetery foreman.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.09; Ordinance 24-04 adopted 6/20/2024)
(a) 
The city council shall have the authority to increase or decrease the price of any lot or columbarium niche or urn space in the cemetery by amendment hereto.
(b) 
Lots in the cemetery shall be sold for the amount set forth in the fee schedule in appendix A of this code.
(c) 
Columbarium niches (consisting of two urn spaces) and urn spaces shall be sold for the amount set forth in the fee schedule in appendix A of this code. In addition to urn space, the cost includes engraving, shipping of the niche for engraving and funeral set-up. Each engraving shall include the name, date of birth and date of death of the deceased.
(d) 
Lots shall be sold in sequence order, as determined by the cemetery foreman, and shall be limited to 6 consecutive lots (12 spaces) per person. Requests for purchases of more than 6 consecutive lots shall be heard by the city council and the city council shall have the authority to grant a variance to the 6-plot limit.
(Ordinance 90-534 adopted 1/8/91; Ordinance 13-09 adopted 9/19/13; Ordinance 18-10 adopted 9/28/18; 1994 Code, sec. 91.10; Ordinance 20-02 adopted 2/20/20; Ordinance adopting 2021 Code)
Upon payment in full of the purchase price for a space, lot, or plot in the cemetery, the city secretary shall cause to be issued a “Certificate of Interment Rights,” identifying the person or persons owning interment rights to the space, lot, or plot. It shall be the duty of the holder of a certificate to notify the city of any change in name, names, or post office address. Notice sent to a holder of a certificate at the last address on file shall be considered sufficient and proper legal notification for any purpose, whether or not the purpose be specified in this article or any amendment thereof.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.11)
The sale or transfer of the interment right to any vacant or unused space, lot, or plot in the cemetery by the holder of a certificate or by the heirs or assigns of the holder is prohibited, except that any holder of a certificate desiring to sell or transfer the interment right of a vacant or unused space, lot, or plot may sell the same to the city at a price equal to the original purchase price.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.12)
(a) 
No interment or disinterment will be permitted in the cemetery except under written order delivered at the office of the city by the holder of a certificate or by the heirs or assigns of the holders. The city reserves the right to refuse interment of any person other than the holder of a certificate without the written consent of the holder as recorded on the books of the city.
(b) 
Undertakers and funeral directors must furnish proper documents and certificates required for interments or disinterments and also must furnish other necessary vital statistics that may be requested for records before any interment or disinterment will be permitted in the cemetery.
(c) 
The city shall not accept any order given by telephone, nor shall be responsible for any mistake occurring from the want of precise and proper instruction as to the particular space in the cemetery, unless the location or instruction is made in person by the holder or by the heirs or assigns of the holder to the cemetery foreman.
(d) 
All charges including price of lots shall be paid to the city prior to any interment or disinterment; however, the charge for interments shall not be paid prior to the death of the person to be interred.
(e) 
Besides being subject to the rules and regulations set forth in this article or in any amendment thereto, all interments or disinterments in or from the cemetery are made subject to the orders and laws of the properly constituted authorities of the city, county, state, and United States government.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.13)
(a) 
No interment other than that of a human being or the amputated part of a human being shall be permitted in the cemetery.
(b) 
Not more than the cremated remains of two bodies or the cremated remains of one body and one casket containing the remains of one or more than one body shall be interred in one space.
(c) 
Prior to the interment of the cremated remains of two bodies or the cremated remains of one body and one casket containing the remains of one or more than one body, the nearest living next of kin shall provide the city with a written statement requesting the interment and stating that the family is in agreement with the proposed interment.
(d) 
In all cases, the cremated remains shall be interred within a two-foot area from the foot of each space, as close to the centerline of the space as feasible.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.14)
The right is reserved by the city to insist upon at least 12 hours’ notice during open hours of operation of the city prior to any interment and to at least one week’s notice prior to any disinterment. The right is reserved by the city to request notice before 3:00 p.m. on Friday for a Saturday or Sunday interment.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.15)
(a) 
The charge payable to the city for each interment or disinterment scheduled on a weekday before 4:00 p.m. shall be as set forth in the fee schedule in appendix A of this code.
(b) 
The charge payable to the city for each interment or disinterment scheduled on a weekday before 4:00 p.m. in Babyland shall be as set forth in the fee schedule in appendix A of this code.
(c) 
The charge payable to the city for each interment or disinterment of cremated remains scheduled on a weekday before 4:00 p.m., and the charge payable to the city for each interment of cremated remains which includes graveside services, shall be as set forth in the fee schedule in appendix A of this code.
(d) 
There shall be an additional charge as set forth in the fee schedule in appendix A of this code for each interment on all funerals arriving at the cemetery after 4:00 p.m. on weekdays as well as for any interment on a Saturday, Sunday, or holiday observed by the city other than those listed in section 10.03.016 herein.
(e) 
All charges including price of lots shall be paid to the city prior to any interment or disinterment; however, the charge for interments shall not be paid prior to the death of the person to be interred.
(Ordinance 90-534 adopted 1/8/91; Ordinance 13-09 adopted 9/19/13; Ordinance 18-10 adopted 9/28/18; 1994 Code, sec. 91.17; Ordinance adopting 2021 Code)
The city shall in no way be liable for any delay in the interment of a body where a protest to the interment has been made or where there is noncompliance with the rules and regulations of this article. The city shall be under no duty to recognize any protest of interment unless it be in writing and filed in the office of the city secretary.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.19)
(a) 
The city reserves and shall have the right to correct any error that may be made by it or its employees in making either interments, disinterments, or in the description, transfer, or conveyance of any interment property, either by canceling the conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible or, as may be elected by the city, by refunding the amount of money paid on account of the purchase.
(b) 
In the event such error shall involve the interment of the remains of any person in the property, the city reserves and shall have the right to remove and transfer the remains so interred to property of a lot or lots of equal and similar value as may be substituted and conveyed in lieu thereof.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.20)
Funeral designs and floral pieces will be removed as soon as they become unsightly and in [any] event shall be removed from the grave site on the seventh day after an interment. Employees of the city will not attempt to find such funeral designs and floral pieces after their removal.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.21)
The grades of lots in the cemetery once established cannot be changed by the holder of a certificate or by the heirs or assigns of the holder. All graves will be flat and flush with the surface of the lot in the cemetery and under no circumstances will the grave be covered with a concrete slab or any other structure or covering other than sod. Except as permitted in section 10.03.026, no construction of any nature or kind, such as fencing, coping, or enclosures, whether of vegetation or construction, around or upon any grave or grave site within the cemetery will be permitted. No granite, brick, stone, wood, cement, or any kind of artificial walkway will be permitted, except those walkways provided in the cemetery by the city.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.22)
(a) 
No person, firm, association, or corporation shall at any time plant any plants, shrub, shrubs, tree, or trees on any grave site, space, lot, or plot in the cemetery nor shall any one of them place any artificial plants, shrub, shrubs, tree, or trees on any place in the cemetery. Flowers, trees, or shrubs other than artificial may be assigned to the city and planted by the cemetery department within designated locations throughout the cemetery as approved by the cemetery foreman, provided that the flowers, trees, or shrubs are of a type and kind normally accepted in the cemetery.
(b) 
Floral pieces and decorations:
(1) 
Decorations, floral pieces, or wreaths may be placed upon or near the headstones, provided that they are placed and secured to the headstone and do not hinder the maintenance or appearance of the cemetery.
(2) 
All decorations, floral pieces, or wreaths shall be considered as temporary ornaments and may be removed by the cemetery foreman if they are detrimental to the appearance of the cemetery or in any way become loose or obstruct the maintenance and care of the cemetery.
(3) 
Neither the city nor its employees shall be responsible if the decorations, floral pieces, or wreaths are damaged or become scattered, lost, misplaced, or removed from the cemetery.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.23; Ordinance 22-08 adopted 11/21/2022; Ordinance 24-04 adopted 6/20/2024)
No mausoleum or vault shall be erected on any space, lot, or plot of the cemetery unless approval is obtained from the city council. The city council must approve the plans and specifications of such mausoleums and vaults.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.24)
(a) 
All markers placed in the cemetery shall be located within an area designated by the cemetery foreman, and provided further such marker shall be placed on a concrete foundation/platform below ground level of sufficient depth, area and stability, as determined by the cemetery foreman, to support the proposed marker. Markers may be made of marble, granite or bronze and may include an inverted vase built into the marker. No freestanding vases will be allowed. Single markers shall not exceed a length of 36 inches nor a width of 16 inches. Double markers shall not exceed a length of 60 inches and a width of 16 inches. The maximum height of the marker shall not exceed 30 inches.
(b) 
No construction, structure or cover of any kind, except for sod, a concrete foundation and marker, shall be permitted upon any space, lot, or plot.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.25; Ordinance 20-02 adopted 2/20/20; Ordinance 24-04 adopted 6/20/2024; Ordinance 24-21 adopted 11/21/2024)
Platforms that are constructed for markers shall be cast below ground level at a depth to allow placement of the marker flush with the ground and shall be constructed within the area designated by the cemetery foreman. New curbing or cement borders will not be allowed around any space, lot, or plot of the cemetery. Platforms shall be constructed of five sack concrete.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.26; Ordinance 20-02 adopted 2/20/20)
(a) 
The casting of concrete or construction of any kind and the placement of monuments, markers, statues, or sepulchral structures or the cutting of inscriptions or any maintenance thereof shall be subject to the control and supervision of the cemetery foreman, and before any such work may commence, the cemetery foreman must be notified and his or her consent obtained.
(b) 
No concrete work or construction of any kind or the placement of monuments, markers, statues, or sepulchral structures or the cutting of inscriptions or any maintenance thereof shall be permitted on weekends or on any city-observed holiday or before 8:00 a.m. or after 5:00 p.m. on any weekday.
(c) 
The city reserves the right to suspend any and all such work without written notice when in the opinion of the cemetery foreman there is a failure to conform to this article. Construction workers, contractors, or their employees engaged in the work will be responsible for any and all damage done and for the removal of any work not in compliance with this article.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.27)
(a) 
Persons within the cemetery shall use only the avenues, walkways, alleys, and roads. No person shall enter or leave the cemetery except through an open gate.
(b) 
Only the holders of a certificate and their relatives by blood or marriage shall be permitted on the cemetery, except that other persons will be permitted on the cemetery while in attendance at a funeral. Any other person thereon shall be considered a trespasser and the cemetery shall owe no duty to the trespasser to keep the cemetery or anything placed thereon or therein in a reasonable safe condition. Further, the city shall not be liable to any person for any injuries or damage sustained by any such person while on the cemetery.
(c) 
Children under 15 years of age shall not be permitted in the cemetery or its buildings unless accompanied by their parents or guardians.
(d) 
All persons are prohibited from gathering flowers, either wild or cultivated, or breaking trees, shrubbery, or plants in the cemetery.
(e) 
No person will be permitted to bring into or to have refreshments or intoxicating liquors in or on the cemetery.
(f) 
No person shall be permitted to sit or lounge on any of the grounds, graves, or monuments in the cemetery, or in any of the buildings of the cemetery.
(g) 
No loud talking or boisterous conduct by any person shall be permitted in the cemetery.
(h) 
The throwing of rubbish or trash on any part of the cemetery or in the building thereof is prohibited.
(i) 
Motor vehicles shall not be driven on the cemetery at a greater rate of speed than 10 mph, and the motor vehicles must always be kept on the right-hand side of any cemetery roadway or street.
(j) 
Trucks other than city trucks shall not enter the cemetery without first procuring the permission of the cemetery foreman.
(k) 
No bicycles, motorcycles, or motor scooters shall enter the cemetery except when driven for the purpose of attendance at a funeral.
(l) 
No firearms shall be permitted in the cemetery except on special permit from the cemetery foreman.
(m) 
Peddling of flowers or plants or soliciting the sale of any commodity is positively prohibited within the cemetery.
(n) 
No signs, notices, or advertisements of any kind shall be permitted in the cemetery except those that are so placed by the cemetery foreman.
(o) 
All boundary and number markers now placed or hereafter placed on any lot or any place in the cemetery by the city shall not be disturbed.
(p) 
Barnyard fertilizer or any detrimental substance or hazardous chemical shall not be brought into the cemetery without prior approval from the cemetery foreman.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.28)
The city expressly reserves the right, without notice, at any time, to adopt any new rules and regulations or to amend, alter, or repeal any rule, regulation, section, division or sentence contained in this article.
(Ordinance 90-534 adopted 1/8/91; 1994 Code, sec. 91.29)
(a) 
The holder of a valid certificate of interment rights may transfer such rights to allow the interment of a person who has served in the United States Armed Forces and received an honorable discharge.
(b) 
The transfer shall be submitted in writing to the City Secretary or designee on a form provided by the City, and must include:
(1) 
A copy of the veteran's DD-214 or other official documentation of honorable discharge.
(2) 
A notarized statement from the certificate holder authorizing the transfer; and
(c) 
Upon review and approval by the City, the City shall issue an amended certificate of interment rights reflecting the authorized transfer.
(d) 
No monetary exchange, profit, or resale shall be permitted for such transfer. The transfer must be a donation or gift to the veteran or their family.
(Ordinance 25-04 adopted 8/19/2025)