(a)
On August 20, 2015, the city council adopted Resolution 2015-08-20C
to formally accept trusteeship of the Overton Municipal Cemetery.
(b)
The following rules and regulations, duly enacted by the city council,
shall be binding on the owners of all lots in the Overton Municipal
Cemetery regardless of the date such owner acquired the deed.
(Ordinance 2016-05-19C, exh. A,
sec. I, adopted 5/19/16; 2014
Code, sec. 88.01)
(a)
The Overton cemetery is owned and managed by the city.
(b)
The city council has the right of general control of the Overton
Municipal Cemetery in all matters, whether or not such matters are
specifically set forth in these rules and regulations.
(c)
The cemetery maintenance and operations are under the direction and
control of the public works superintendent, who may delegate such
authority to another appropriate designee. The public works superintendent
shall have supervisory authority over all activities within the Overton
Municipal Cemetery. The city secretary is responsible for tasks related
to administrative operations such as sale of lots, processing deeds,
maintaining records, etc.
(d)
The city council will annually adopt an ordinance setting a tax rate
and amending if necessary a schedule of fees and costs associated
with operation and use of the municipal cemetery.
(Ordinance 2016-05-19C, exh. A,
sec. II, adopted 5/19/16; 2014
Code, sec. 88.02)
(a)
All gravesites at the Overton Municipal Cemetery are sold for cash
and all sales are final.
(b)
Selection of lot spaces will be made exclusively at the Overton Municipal
Cemetery.
(c)
The city will allow for installment payments on a cemetery plot provided
the cemetery plot is unoccupied and the purchaser agrees to the following
conditions:
(1)
The plot purchaser shall make a minimum down payment of $100.00 per
plot.
(2)
The plot purchaser shall make minimum monthly payments of $50.00
per month on each reserved plot.
(3)
Installment payments must be concluded within twelve (12) months
from the first installment payment or the purchaser shall forfeit
all money paid toward the reserved lot and the lot will be released
for resale.
(4)
Failure to complete the installment payments within the agreed time
period shall negate the original purchase price to the current price
of the cemetery plot.
(d)
The purchaser shall provide all information pertinent to complete
the cemetery plot information card and burial card at the time of
purchase.
(e)
Names of gravesite purchasers will be kept on file. Documents or
certificates identifying lot spaces allow the owner(s) the right and
license to burial and placement of memorials only, and are subject
to law and these rules and regulations.
(f)
Gravesite lots will only be sold Monday through Friday, except on
holidays, during normal business hours.
(g)
Gravesite lots which have been sold shall not be re-purchased by
the city, but the owner may donate a purchased lot back to the city
if they so desire.
(h)
Burial spaces located in Baby Land are two (2) feet by four (4) feet.
Any grave greater than four feet in length is considered an adult
gravesite. Typical burial spaces are four (4) feet by ten (10) feet.
Baby Land section is closed for future burials.
 |
(i)
A schedule of fees and costs is posted in the city hall office. Such
fees and costs are subject to change by resolution or ordinance adopted
by the city council.
(j)
A plot book showing available gravesites and their location is located
in city hall.
(k)
When purchasing a gravesite, the purchaser will determine at the
time of purchase whether there is to be one (1) burial, or one burial
with up to two (2) cremains, or up to four (4) cremains, located at
that gravesite.
(l)
By purchasing a plot in the Overton Municipal Cemetery, the plot
owner and all heirs of the decedent hereby agree to follow all the
rules and regulations as set forth by this article and any future
revisions to the Overton Municipal Cemetery rules and regulations.
(Ordinance 2016-05-19C, exh. A,
sec. III, adopted 5/19/16; 2014
Code, sec. 88.03)
(a)
A transfer of deed fee (as prescribed by the fee schedule in appendix A of this code) shall be charged to the new purchaser of a previously purchased cemetery plot and the transfer paperwork must be handled through the city.
(b)
Transfer of any gravesite lot, or interest therein, shall be valid
only with the written consent of all interested parties.
(c)
The original deed must be provided to city staff at city hall. A
new deed will be prepared and recorded.
(d)
If the original deed or certificate of title cannot be produced,
legal proof of ownership shall be provided to the city, together with
a notarized affidavit indemnifying the city from any claim associated
with said transfer.
(e)
All cemetery plot transfers shall be made through City Hall, 1200
S. Commerce St., Overton TX 75684, phone no. 903-834-3171, during
normal business hours.
(Ordinance 2016-05-19C, exh. A,
sec. IV, adopted 5/19/16; 2014
Code, sec. 88.04)
(a)
An interment fee (as prescribed in the fee schedule in appendix A of this code) shall be collected by the city prior to burial.
(b)
Interment will be scheduled only after presentment of the original
deed or certificate of title and after all required fees and costs
have been paid for the gravesite. If the original deed or certificate
of title cannot be produced, legal proof of ownership shall be provided
to the office of the city secretary, together with a notarized affidavit
indemnifying the city from any claim associated with said interment.
(c)
Regardless of what funeral home is in charge of the funeral the following
is the only company authorized to open and close graves within the
cemetery: Jacson Cemetery Service Inc., Henderson, Texas, 903-657-6059.
(d)
To provide for the safety of persons attending burials, during the
lowering of the casket attendees must remain at a safe distance from
the gravesite.
(e)
No one may open a casket that is in the confines of the cemetery
without proper legal authority, and where necessary, only by order
of a court of competent jurisdiction.
(f)
Cremains shall not be buried on an existing gravesite without proper
documentation and authorization, approved by the city secretary. Cremains
may not be scattered anywhere in the cemetery.
(g)
Interment in any one lot is limited as follows: one (1) set of remains;
or one (1) set of remains with up to two (2) sets of cremains; or
up to four (4) sets of cremains.
(Ordinance 2016-05-19C, exh. A,
sec. V, adopted 5/19/16; 2014
Code, sec. 88.05)
(a)
Disinterment shall only be permitted when legally authorized and
shall be subject to the Jacson Cemetery Service Inc., Henderson, Texas,
903-657-6059 work schedule, the applicable fee schedule, and other
related conditions. The cemetery staff shall undertake the disinterment
with due care, but assumes no liability for any associated damages.
(b)
The only person who may be present at a disinterment, other than
the cemetery crew, is the authorized funeral director.
(Ordinance 2016-05-19C, exh. A,
sec. VI, adopted 5/19/16; 2014
Code, sec. 88.06)
(a)
A monument deposit (as prescribed in the fee schedule in appendix A of this code) shall be collected by the city prior to burial. If a permanent standard stone monument has not been installed within one (1) year of the burial, the city will purchase and install a flat monument and the monument deposit will not be refunded.
(b)
The funeral home typically will provide a temporary marker; however,
a permanent marker must be purchased and placed within one (1) year
of interment.
(c)
The monument shall be placed in the top 3 feet of the gravesite for
standard size burial plots or in the top 1 foot of Baby Land burial
plots. Foot marker monuments must be placed in the lower 1 foot of
the standard gravesite for a standard size burial plot and must be
grade (ground) level.
 |
(d)
The owner of each burial plot (except in Baby Land) shall have the
right upon obtaining a marker permit and approval of the city cemetery
administrative staff to erect flat markers only in Sections B, C,
EE, F-2 and any additional sections that may be opened in the future.
(1)
Exception: An owner of a plot in Section EE or F-2 and future sections
that may be opened may be granted the right to erect an upright marker
if the plot owner installs a solid concrete foundation or pad for
the upright marker that must extend at least six inches (6") beyond
the edge of the base of the monument in all directions.
(2)
Sections B and C shall not have any exception to the flat marker
rule.
(e)
The owner of each burial plot (except in Baby Land) shall have the
right upon obtaining a marker permit and approval of the city cemetery
administrative staff to erect upright markers or flat markers in Sections
A, A-1, A-2, A-3, D, DD, F-1 and G.
(f)
The owner of each burial plot in Baby Land shall have the right upon
obtaining a marker permit and the approval of the city cemetery administrative
staff to erect flat markers only not to exceed 2 feet by 1 foot.
(g)
The length of a monument in all other sections, except for Baby Land,
shall not exceed forty inches (40") for a single grave or eighty-eight
inches (88") for a double grave. All new monuments shall not exceed
thirty-six inches (36") in height as measured from the top of the
concrete foundation. Bases of monuments are not to exceed twelve inches
(12") in width.
(h)
Only concrete, granite and bronze monuments and memorials are allowed.
Grass markers may have a hideaway vase receptacle.
(i)
The city cemetery administrative staff shall approve all monuments.
(j)
The city cemetery administrative staff shall approve the location
of all monuments and shall schedule the placement of all monuments.
Monuments shall not be placed on Saturday, Sunday, or holidays.
(k)
While the city shall exercise due care to protect carvings or other
structures on any monument in the cemetery, the city disclaims any
responsibility for any damage thereto.
(l)
Only monument companies will be allowed to place a monument in the
cemetery.
(Ordinance 2016-05-19C, exh. A,
sec. VII, adopted 5/19/16; 2014
Code, sec. 88.07)
(a)
Graves must be kept clean/clear of decorations, so as not to interfere
with the safe operation of mowers and weed eaters. Flowers must be
placed at or on the monuments. No trees or plants may be planted in
the cemetery. Absolutely no yard art, trinkets, solar lights or pole
flags will be allowed.
(b)
Families may have decorations in the vases attached to the monument
at all times. Items in vases will not be removed unless they become
unsightly. Decorations can be no wider than the monument and may not
extend more than 12" above the monument. Grass markers may have decorations
in a hideaway vase, but may not have loose items placed on top of
the grass marker or the marker foundation.
(c)
Placement of flowers must be in placed in line with, on either side
or on top of the headstone.
(d)
Hedges, trees, bushes or any other type of plantings are not allowed
on or around a gravesite.
(e)
Any wreaths or flowers shall be removed upon deterioration or, when
in the judgment of the city cemetery landscaping crew, they have served
their purpose.
(f)
Any plant material that becomes or may become detrimental to foundations,
irrigation, or adjacent lots because of height, width, roots, trunks,
etc., shall not be permitted and will be removed.
(g)
There will not be any decorations in the trees or shrubs allowed.
(h)
The city/cemetery shall not be held liable for lost, misplaced, or
broken flower vases or for damage by the elements, thieves, vandals,
or by causes beyond their control. The city reserves the right to
regulate the method of decorating lots and the right to remove any
decoration in order that uniform beauty may be maintained.
(i)
Certain decorative or other adornments that have been placed in the
cemetery in years past are no longer allowed.
(1)
(A)
Structures are not permitted to be built or placed on or around any
grave in the Overton Municipal Cemetery.
(B)
Examples are, but not limited to: private fences, gravesite borders,
curbing, trellises, windmills, chimes, chairs, settees, headboards,
grave mounds, memorials, enclosures, statues, glass vases, hedging,
walks, etc., or any kind of breakable material. The city reserves
the right to remove the same if so planted, erected, or placed.
(2)
(A)
The covering of graves with any material other than a concrete/granite
slab is prohibited.
(B)
Examples of prohibited materials include but are not limited to:
bricks, cinders, crushed rock, rock, glass, gravel, oyster shell,
tiles, etc. The city reserves the right to remove these materials
without notice to the lot owner.
(C)
The minimum depth of the concrete or granite slab must be 4" with
all four inches being buried below the surface of the ground and not
extending to a height greater than grade (ground) level.
(j)
Concrete benches shall be allowed under the following conditions:
(1)
A bench/bench pad installation fee shall be charged to each person requesting placement of a bench on a cemetery plot as defined in the fee schedule in appendix A of this code.
(2)
The cemetery plot owner, or legal representative thereof, submits
a completed bench/bench pad installation authorization request form
and bench/bench pad installation fee to the municipal cemetery administrator
for approval prior to installation.
(3)
Must be made of stone or concrete; no wooden or metal benches will
be authorized.
(4)
Any bench that is cracked, unstable, leaning or otherwise deemed
unsafe by the cemetery staff shall be removed.
(5)
Any bench approved must be installed with the bench seat attached
to the legs.
(6)
Dimensions of the top of the bench may not measure more than 36"
by 18" and the bench may be no more than 36" in height.
(7)
Legs or upright supports underneath the top of the bench must be
inset a minimum of 2" from the edge of the top of the bench on the
shortest side.
(8)
The bench must be placed on a concrete foundation to sit at the foot
of the grave parallel to the headstone and be located within the 4'
x 10' border of the plot. The bench cannot encroach on any other surrounding
plot whether occupied or not.
(9)
Dimensions of the concrete foundation or pad must extend at least
six inches (6") beyond the edge of the top of the bench in all directions.
(10)
The minimum depth of the pad must be at least four inches (4") with
all four inches being buried below the surface of the ground and not
extending to a height greater than grade (ground) level.
(11)
The bench and foundation must be approved in advance of installation
by city staff, in writing.
(12)
A bench placed in a family plot must follow all of the specifications
cited above but may be located diagonally in one corner of the family
plot at the farthest distance from the nearest headstone.
(Ordinance 2016-05-19C, exh. A,
sec. VIII, adopted 5/19/16; Ordinance 2017-01-19A adopted 2/16/17; 2014 Code, sec. 88.08; Ordinance 2019.04.16A adopted 4/16/19)
(a)
The Overton Municipal Cemetery visitation hours shall be set from
dawn to dusk.
(b)
The city hall is open during normal business hours: 8:00 a.m. to
4:30 p.m., Monday through Friday. Maps, price lists, brochures and
cemetery rules and regulations can be found at city hall.
(c)
Alcohol is not permitted within the boundaries of the cemetery.
(d)
The gathering or removal of flowers by anyone other than the grave
owners or cemetery staff is prohibited within the Overton Municipal
Cemetery.
(e)
The breaking of trees, shrubs, or plants is prohibited within the
Overton Municipal Cemetery.
(f)
Loitering shall not be permitted on cemetery grounds. Excessive noise
will not be permitted in the cemetery.
(g)
Dogs (except for service dogs), horses, or any other animal shall
not be allowed on the cemetery grounds. The owner of any animal that
trespasses upon cemetery grounds shall be liable for any damage done
by the animal. The city shall not be liable for any damage caused
by animals and does not assume any responsibility for keeping animals
out of the cemetery.
(h)
The city shall use reasonable care to reasonably and regularly maintain
all cemetery grounds in good order and repair, free from dangerous
conditions, and in a manner befitting such memorial places.
(Ordinance 2016-05-19C, exh. A,
sec. IX, adopted 5/19/16; 2014
Code, sec. 88.09)
See the fee schedule in appendix A of this code
(Ordinance 2016-05-19C, annex A,
adopted 5/19/16; 2014 Code, sec.
88.10)
 |
(Ordinance 2016-05-19C, annex B,
adopted 5/19/16; 2014 Code, sec.
88.11)
 |
 |
(Ordinance 2016-05-19C, annex C,
adopted 5/19/16; 2014 Code, sec.
88.12)
