The city does hereby confirm and ratify the establishment of a cemetery upon the following described property situated in the county, to wit: all lots in blocks 1, 2, 3, 4, 5, 6, 7, and 8 according to the map or plat thereof duly recorded in volume 19, page 350, October 11, 1892, of the deed records the county.
(1995 Code, sec. 1.1001)
The city does hereby, for the use and benefit of its citizens, establish additional cemetery property which shall consist of all lots in sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and in adjoining sections, according to the map or plat thereof duly recorded in volume 386, page 199, February 3, 1954, of the deed records of Montague County, Texas.
(1995 Code, sec. 1.1002)
The price for a single grave space measuring five feet (5') by twelve feet (12') shall be five hundred dollars ($500.00), of which fifty dollars ($50.00) shall be deposited in the perpetual care fund. No discounts shall be given.
(1995 Code, sec. 1.1005)
Upon payment of the purchase price for a lot or lots the city secretary shall cause to be issued a certificate of ownership which shall be signed by the mayor of the city and attested by the city secretary, which certificate shall designate the person or person owning the lot or lots in the cemetery which have been purchased and paid for; provided, however, said certificate of ownership shall state to be and shall be subject to all terms, restrictions, and regulations of this article and amendments thereof.
(1995 Code, sec. 1.1006)
(a) 
All cemetery lots may be conveyed as any other real property subject to the following:
(1) 
Restrictions, rules and regulations with respect to the use of said lots as same may be now in force, or they may hereinafter propounded by the city.
(2) 
That any conveyance of cemetery property shall be duly filed with the city secretary. The city secretary shall not be required to file or register any conveyance of cemetery property if the grantor hereof is shown as some person other than the currently recorded of record title owner of said lot(s).
(b) 
If someone other than the record title owner of the cemetery property as shown on the books of the city shall attempt to convey the same, then such party(ies) shall provide the city with adequate proof under the state law that grantors are all of the necessary and property parties to make said conveyance.
(1995 Code, sec. 1.1007)
It shall be the duty of the holder of a certificate of ownership in the cemetery to notify the city, attention of the city secretary, of any change in such certificate holder’s post office address. Notice sent to a holder of a certificate of ownership in the cemetery at his last address on file in the records of the secretary shall be considered sufficient and proper legal notification for any purposes, whether or not the purpose be specified in the article or any amendment or amendments thereto.
(1995 Code, sec. 1.1009)
No construction of any nature or kind such as curbing, fencing, coping, or enclosure of any kind whether of vegetation or construction around any lot or lots within the cemetery will be permitted around all lots provided that such curbing shall be ground level and not less than five and one-half (5-1/2) inches and not more than six (6) inches in width.
(1995 Code, sec. 1.1010)
An interment once properly made cannot be disturbed except with the written order of the original holder of a certificate of ownership, his heirs or assigns of the lot and by consent of the secretary.
(1995 Code, sec. 1.1014)
The right to enlarge, reduce, replat or change the boundaries or grading of the cemetery or a section or sections thereof, from time to time, including the right to modify or change the location or removal of roads or streets, or regrade roads or streets, or any part thereof is hereby expressly reserved to the city. The right to lay, maintain, operate or alter or change pipe lines or gutters for sprinkling systems or drainage is also expressly reserved to the city as well as is the right to used cemetery property not sold to individual lot owners 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 purposes of passage to and from other lots and for the purpose of maintaining the cemetery.
(1995 Code, sec. 1.1015)
No easement or right of interment is granted to any lot owner or holder of a certificate of ownership in any road, drive, alley or walk within the cemetery, but such road, drive, alley or walk may be used as a means of access to the cemetery or buildings so long as the city devotes said roads, drives, alleys or walks to that purpose.
(1995 Code, sec. 1.1016)
No grave will be opened on a previously sold lot, on the order of any person until such person produces a certificate of ownership, or shows conclusively in some manner to the secretary that he is duly authorized to place such an order.
(1995 Code, sec. 1.1017)
(a) 
The digging of a grave for an interment in the cemetery will only be permitted by the city employees, under the direction of the superintendent of the cemetery. A notice of not less than five (5) working hours must be given to insure proper preparation of the grave.
(b) 
The price for the digging of graves (open and close) is $800.00 per grave on weekdays and $1,000.00 per grave after 4:00 p.m. on weekdays and on weekends. The price for cremation is $200.00.
(Ordinance 2021-0908 adopted 9/8/21)
If any tree, shrub, or plant standing upon any lot, by means of its roots, branches, or otherwise, be or become detrimental to adjacent lots or avenues, the city council shall have the right, and it shall be their duty, to order such tree, shrub, or plant, or any part thereof, removed, or otherwise correct the condition existing as in their judgment seems best. The city shall have the right to mow the grass on all lots and graves.
(1995 Code, sec. 1.1019)
No enclosure of any kind, such as a fence, coping, hedge, or ditch, shall be permitted around any grave or lot. Grave mounds will be allowed only on those lots which are properly maintained by the owner of such lot.
(1995 Code, sec. 1.1020)
The city shall take responsible precautions to protect the property rights of the holders of certificates of ownership 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 can be direct or collateral.
(1995 Code, sec. 1.1023)
The city hereby 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, article, section, paragraph or sentence contained in this article.
(1995 Code, sec. 1.1024)
Gravel cannot be spread on any lot in Mt. Park Cemetery unless the lot is first covered with concrete. In any lot is to be covered with concrete, and then gravel, and burials are yet to be made in that lot, the concrete must be poured over each space where a burial is yet to be made in a separate, individual slab easily removed for burial purposes.
(1995 Code, sec. 1.1025)
The city, owning and operating Mountain Park Cemetery, is hereby authorized to act as a permanent trustee for the perpetual care and upkeep of lots and graves in such burial grounds, and is hereby authorized to accept such trust as herein provided and the same shall become perpetual.
(1995 Code, sec. 1.1101)
(a) 
The city is hereby authorized to accept as gift, devise, money or otherwise, any property to be accepted from any source, and to allocate such accounts as may be designated by the donor for the individual care of any grave or graves. Any person desiring to have said city to act as such trustee for the permanent care of any grave or burial lots in which he or she may be interested, to those deceased persons that they may have an interest in or feel attached to, shall have the right to deposit such amount with the city treasurer, and any such acceptance of by such city for such purpose shall consist of a permanent burial fund, and shall constitute a permanent and perpetual trust fund for the burial lot or grave, or to be expended as such donor may direct. Upon the acceptance of such fund by the city treasurer, the city secretary shall issue a certificate to the person or persons advancing such sums of money or property, which said certificate shall recite the purpose the amount advanced and by whom and the location as nearly as possible of the lot, grave, or burial ground, and such further information as the city may authorize.
(b) 
Any person, association, foundation, or corporation interested in the general maintenance and upkeep of Mountain Park Cemetery may make donations to the permanent and perpetual trust fund to be used to beautify and maintain the whole cemetery or burial grounds generally.
(1995 Code, sec. 1.1102)
The city shall keep a permanent and well-bound record book in which shall be kept, in alphabetical order, the names of all persons advancing funds, the amount advanced, the purpose for which such advancement is made, names and locations, insofar as possible, of all lots and graves, the condition and status of the trust imposed and such other information as the city may deem proper.
(1995 Code, sec. 1.1103)
The city is hereby invested with the power and authority, and it shall be its duty to invest and reinvest all funds advanced to it for the purposes herein set forth in interest-bearing bonds or securities of a municipality, state or federal government. At all times the interest, revenue, or other accrual or increase of funds advanced for specific lots, graves, or burial places, shall be first used for the maintenance, care, and upkeep in as near first-class condition as possible, of the particular lots, graves, or burial places for which the advancement and donation was originally made. However, in the event of the accrual of a reasonable excess revenue from such specific fund and the accumulation of a greater amount than is necessary for the faithful performance and accomplishment of the trust and purpose herein provided for, such excess may, at the discretion of such trustee, be used to beautify the whole cemetery or burial grounds generally; but at no time shall any part of the original or principal amount first advanced and donated for the care, upkeep, and maintenance of specific lots, graves and burial places, ever be used by such trustee. The original amount of fund shall forever remain and be kept by such city as a principal trust fund.
(1995 Code, sec. 1.1104)
All certificates issued by the city shall be issued in the name of the city to the trustee or person who makes the advancement of such funds or money, or property, as herein provided for; and such certificate holder shall have the right, upon the payment of the proper recording cost or recording fee, to have such certificate recorded in the deed records of the county and shall also have the right to transfer such certificate by the same methods as the sale and transfer of real estate in this state; and it shall be the duty of the county clerk to file, index, and record such certificates in the deed records of the county as provided by the laws of this state.
(1995 Code, sec. 1.1105)
None of the rights, powers, and duties herein provided for shall deprive any person having any interest in a grave or burial lot, or kinship within the third degree of affinity or consanguinity to those therein interested, from beautifying or caring for the same individually or at his own expense under the reasonable rules and regulations in which said city may provide.
(1995 Code, sec. 1.1106)
In any event, should the city, after having entered and accepted such trust as herein provided for, renounce said trust or fail or refuse to act as such trustee as herein provided for, then the district judge of the county shall appoint a suitable successor to such trustee who shall faithfully execute the trust as herein provided for.
(1995 Code, sec. 1.1107)
The city may include in its annual budget such sums as may be deemed necessary for maintenance and upkeep of such cemetery and shall have power or authority to assess and collect an ad valorem tax upon all the property within such city, not to exceed five cents ($0.05) on the one hundred dollars ($100.00) valuation of all the property so assessed for maintenance and upkeep of such cemetery, regardless of whether such cemetery is located within or without the boundary of corporate limits.
(1995 Code, sec. 1.1108)