The city owns Rest Haven Cemetery and Live Oak Cemetery. The
city created a perpetual care trust and acts as the trustee of this
trust to manage, operate, and maintain these two cemeteries. As part
of its duties to manage, operate, and maintain these cemeteries, the
following rules and regulations govern Rest Haven Cemetery and Live
Oak Cemetery.
(Ordinance 1218 adopted 3/21/17)
Refers to both Rest Haven Cemetery and Live Oak Cemetery.
Any person, firm or corporation engaged in placing, erecting
or repairing any memorial or performing any work in the cemetery grounds
other than an employee of the city.
Entombment or burial of the remains of a deceased person.
The cemetery located at 1000 N. Elm Street, Brady, Texas.
Any marker, monument or structure upon or in any lot or niche,
placed thereupon or partially therein for the purpose of identification
or in memory of a deceased person.
A person who purchased from the city a plot with the right
of interment for the remains of a deceased person.
Real property within the Rest Haven Cemetery or Live Oak
Cemetery with the right of interment.
The cemetery located at 620 Highway 87 N., Brady, Texas.
(Ordinance 1218, sec. 1.601, adopted 3/21/17)
(a)
The
city sells plots located in Rest Haven Cemetery to the public. There
are no available plots for sale in Live Oak Cemetery.
(1)
The city council shall set the price for a plot. The city council
can change the price at any time.
(2)
The purchase price for a plot shall be paid in cash at the time of
purchase. However, the purchaser may pay the purchase price over a
period of time on the following schedule:
(A)
Ten percent (10%) of the purchase price shall be paid at the time
of purchase.
(B)
The remaining balance with interest at the rate of ten percent (10%)
per annum shall be due and payable in equal monthly installments until
the whole of the sum, with interest, has been duly paid, the balance
payable as follows:
(i)
If one or two plots are purchased, the remaining balance, principal
and interest shall be paid monthly over a period not to exceed twelve
(12) months.
(ii)
If three plots are purchased, the remaining balance, principal
and interest shall be paid monthly over a period not to exceed eighteen
(18) months.
(iii)
If more than three plots are purchased, the remaining balance,
principal and interest shall be paid monthly over a period not to
exceed twenty-four 24) months.
(iv)
In the event that the purchaser elects to pay for the plots
over a period of time, no deed shall be given to the purchaser until
the purchase price is paid in full.
(3)
The purchase price of the plot must be paid in full before interment.
(b)
Opening
and closing of graves shall be done by a funeral home with prior approval
from the city. The funeral home and its representatives shall take
the utmost care and precautions in protecting all plots and roadways.
The funeral home shall be responsible for paying any and all damages
caused by the funeral home.
(Ordinance 1218, sec. 1.602, adopted 3/21/17)
(a)
Use of roads and walkways.
Persons within the cemetery
grounds shall use only the avenues, walkways and roads.
(b)
Speed limit.
Automobiles shall not be driven through
the grounds at a speed greater than fifteen miles per hour.
(c)
Rights of city.
The right to enlarge, reduce, replot
or change the boundaries or grading of the cemetery and the right
to lay, operate or change pipelines or gutters is expressly reserved
to the city. The city reserves to itself, and to those lawfully entitled
thereto, a perpetual right of ingress and egress over the entire cemetery
grounds for the purposes of passage, operations, and maintenance.
(d)
Sprinkler systems.
No new sprinkler systems will be
allowed. All maintenance and repair to existing sprinkler systems,
which have been installed by the owner, will be the responsibility
of the owner and not the city. The city is not responsible for any
damages to sprinkler systems installed by an owner. Any water left
on or unattended will be turned off by city personnel if watering
is excessive or running down the roadway in order to conserve water
and protect the roadways.
(Ordinance 1218, sec. 1.603, adopted 3/21/17)
Any sale or transfer of plots shall be made back to the city
at the original purchase price, at which time the city may re-sell
at the then-current pricing. This procedure is required in order that
the city may at all times have a complete and accurate record of all
owners and purchasers. No person shall be buried in any plot not having
an interest therein, except by written consent of all parties interested
in the plot and of the city. The original purchase price does not
include any interest paid by the purchaser for paying for a plot over
time.
(Ordinance 1218, sec. 1.604, adopted 3/21/17)
(a)
All
grading, landscape work, maintenance and improvements of any kind,
and all care of plots, shall be done by the city, and all trees, shrubs
and all herbage of any kind shall be planted, trimmed, cut or removed
by the city or under its direct supervision.
(b)
No
enclosure of any kind, such as a fence, coping, hedge or ditch, shall
be permitted around any grave or plot. Grave mounds will not be allowed
and no plot shall be raised above the established grade.
(c)
No
ground cover other than sod shall be allowed.
(d)
If
any tree, shrub or plant is or becomes detrimental to adjacent lots,
avenues, walkways or roads, or if for any other reason the city deems
its removal necessary, the city shall have the right to remove the
tree, shrub or plant, or any part thereof, or otherwise correct the
condition existing as it deems necessary.
(e)
Subject to subsection (d) above, no person shall remove any plant or flower, either wild or cultivated, from any part of the cemetery.
(f)
From
and after the date of adoption of these rules by the city council,
no tree, shrub, plant or bush shall be placed on the cemetery grounds
except those placed there by the city. The purpose of this prohibition
is to reduce maintenance time so that the cemetery can be maintained
in a clean and attractive condition by the city. This prohibition
shall not apply to flowers placed on a memorial.
(g)
All
sprinkler systems shall be turned off between November and March.
(Ordinance 1218, sec. 1.605, adopted 3/21/17)
(a)
For
the protection of all plot owners, it is required that persons, firms
or corporations erecting, cleaning or repairing memorials obtain a
permit from the city for an annual fee (as defined in the city’s
annual fee ordinance, and as approved by the city council) and, in
doing the work, comply with the directions of the city. The person,
firm or corporation requesting the permit may be required to furnish
evidence of their ability to properly perform the work. This permit
shall allow the person, firm or corporation holding the permit to
perform the work for a period of time from January 1st until December
31st of the year in which the permit is obtained, the permit to be
renewed on an annual basis. Before any work is commenced on any particular
job, the person, firm or corporation performing the work shall notify
the city that a memorial is to be erected at what grave site and provide
a drawing of the proposed installation.
(b)
To
properly perpetuate memory, all monuments, markers, mausoleums and
tombs shall be of first quality granite, limestone, marble or bronze.
The supplier must assure the city that the materials will be free
from sap which causes rust, stains and natural fault which might cause
checks or cracks. No inferior granite is allowed. Should any stone
develop any of the above-mentioned faults within five (5) years from
date of placement, the supplier will be required to replace the monument
without cost to the owner.
(c)
All
vertical monuments shall be erected on a foundation which shall extend
three (3) inches on each side of the monument, and the foundation
must be flush with the turf. The size of a monument will be governed
according to the size of the family plot. A monument will be of a
size that, when erected on a plot, either end of the monument shall
not be placed less than one (1) foot from the property lines of the
plot, or within two (2) feet of any existing monument. However, this
shall apply only to a monument which protrudes above the surface of
the ground. A monument which is flush with the turf may extend to
the property line. Should any monument, mausoleum or tomb become unsightly,
dilapidated or a hazard, the city shall have the right, at the expense
of the owner, either to correct the condition or to remove the same.
(d)
In
addition to other requirements regulating memorials, all memorials
erected after November 15, 2010 in the cemetery shall conform to the
following:
(1)
Upright monuments, beveled markers and flat markers shall be on foundations
that are cement and must be flush with the turf;
(2)
Monuments and markers shall be placed in a manner that is conducive
with the maintenance of the lot;
(3)
Bevel markers shall be used as headstones, not footstones;
(4)
Flat markers shall be flush with the turf;
(5)
All vases must be attached to headstones, no vases attached to footstones;
and
(6)
Flags are allowed on holidays only. Owners shall remove flags within
72 hours of the holiday.
(Ordinance 1218, sec. 1.606, adopted 3/21/17)
(a)
All
grave sites within a plot shall be located by the owner or the owner’s
representatives. Written authorization signed by the owner or his
legal representative shall be given to the city to open a grave space.
Any space to be opened shall be marked with a surveyor flag with the
name of the individual to be interred and the space identification.
No space shall be opened until written authorization is provided.
(b)
When
removal is to be made from a single grave to another grave, the formerly
occupied single grave space and all rights and ownership therein shall
remain with the property owner. The removal of the remains shall be
done in strict compliance with all state requirements. Arrangements
for the removal of a body must be made by someone other than the city.
Application for the removal permit must be signed by the next of kin
or legal representative and properly notarized prior to removal.
(c)
The
burial of two bodies in one grave space will not be permitted except
where one body occupies a space less than three (3) feet in length.
(d)
Cremains
will be allowed to be buried in a space currently occupied but must
be covered with a twelve-inch by twelve-inch (12" x 12") concrete
paving stone to prevent dirt from settling. The top of the paving
stone shall be at least twelve inches (12") below the ground. The
owner shall notify the city with the name and date of the interment.
Two cremains containers may be buried in the same plot. The city shall
be made aware of each burial.
(e)
Disinterments
are the responsibility of the funeral director of a funeral home.
The funeral director will be responsible for opening and closing the
graves, with the city’s written authorization. All state mandated
paperwork must be on file with the city before any disinterment is
authorized.
(f)
Funeral
homes shall be responsible for the opening and closing of graves utilizing
the services of a vendor permitted by the city. Vendors must apply
and be approved for an annual permit for an annual fee (as defined
in the city’s annual fee ordinance, and as approved by the city
council).
(1)
Those responsible for the openings and closings of graves and performing
the openings and closings at the cemetery shall fully remove the dirt
and/or ground unearthed in the opening process from the cemetery premises
at their own expense, not to use in the closing of any grave at the
cemetery.
(2)
Use only the sand and “black dirt” as provided by the
city and located at the surplus supply on the cemetery premises when
closing any grave in the cemetery by the means as specified: first
fill with approximately 3/4 sand, then the remaining 1/4 with “black
dirt” to adjacent ground level.
(Ordinance 1218, sec. 1.607, adopted 3/21/17)
(a)
No
dogs shall be permitted in the cemetery.
(b)
The
city is not responsible for theft or damage to anything placed on
plots.
(c)
No
bench, chair or trellis shall be permitted to be placed upon the cemetery
grounds.
(d)
The
city shall have the authority to enter upon any plot and to remove
any non-authorized or nonconforming items that have been placed there
contrary to these regulations.
(e)
No
person shall be permitted to enter or leave the cemetery except by
the public access.
(f)
All
persons found on the cemetery grounds after dark shall be liable for
prosecution for trespassing.
(g)
All
persons are strictly forbidden to mar any landmark, marker or memorial
or in any way deface the grounds of the cemetery.
(i)
The
digging of holes for any purpose, other than to inter cremains, is
strictly prohibited.
(j)
The
city reserves the right to remove all flowers, potted plants, wreaths
or baskets when they become withered or they violate a provision of
this article.
(k)
Gravestone
rubbings, made using a pencil and paper, are allowable, so long as
utmost precautions are followed and no damage is caused to the stone,
plot, right-of-way, or cemetery item in the process. A gravestone
rubbing can become a permanent record of death when a gravestone is
rapidly deteriorating.
(Ordinance 1218, sec. 1.608, adopted 3/21/17)
(a)
The
city may, and it hereby expressly reserves the right, at any time
or times, with or without notice to owners, to amend any fee, price,
rule, or regulation in this article.
(b)
Special
cases may arise in which the literal enforcement of a rule or regulation
may impose unnecessary hardship. The city therefore reserves the right,
without notice, to make exceptions, suspensions or modifications in
any of the rules and regulations when, in its judgment, the same appear
advisable, and the temporary exceptions, suspensions or modifications
shall in no way be construed as affecting the general application
of these cemetery rules and regulations.
(Ordinance 1218, sec. 1.609, adopted 3/21/17)
(a)
On-duty officers.
Funeral processions using on-duty
officers are at no charge. However, since the officer is on duty,
the officer might be called away from the procession.
(b)
Off-duty officers.
There will be a fee for funeral processions using off-duty officers, as set forth in the fee schedule in appendix A of this code. The city council will set the fee, which will include a two (2) hour minimum. Payment shall be made to the city prior to the service. The funeral procession utilizing the off-duty officer will extend to the county line boundaries.
(Ordinance 1218, sec. 1.610, adopted 3/21/17; Ordinance adopting 2019 Code)
