A cemetery has been established and is continued upon land owned by the city and described as follows: Approximately 9.7 acres of land out of Sections 51 and 66, Block A, G&MMB&A Survey, Monahans, Ward County, Texas. The plat of said cemetery, as drawn by H.V. Carr and Jack Keeling, surveyors, and placed on file in the office of the city clerk, showing all boundaries, sections, lots, divisions, roads, drives and paths, is hereby adopted as the official plat of said cemetery, which shall be called the Monahans Municipal Cemetery. No person shall lay out or establish any cemetery, or use any lot of land within this city for the burial of the dead, except in the Monahans Municipal Cemetery, or some other tract of land duly designated as a cemetery by an ordinance of the city council.
(Ordinance 322, sec. 1, adopted 2/1/54; 1972 Code, sec. 7-16)
The city manager shall appoint a superintendent of the cemetery, who shall have control and management thereof, and of the maintenance and improvement of the grounds. He shall have the following powers and duties and such others as are prescribed by law and by city ordinances:
(1) 
He shall keep the grounds, walks and streets in order and free from obstructions.
(2) 
He shall have charge of all interments made in the cemetery and shall hire and supervise all labor.
(3) 
He shall enforce the provisions of this division and of all regulations adopted by the council for the government of the cemetery and for the purpose shall be qualified to act in the capacity of a peace officer and to make arrests for violations of any ordinance of the city or regulation in the cemetery.
(4) 
He shall require the exhibition to him of a properly executed burial permit before allowing any interment to take place in the cemetery.
(5) 
He shall have charge of the digging of all graves in the cemetery.
(6) 
He shall keep a complete record of the ownership of all lots in the cemetery, and for this purpose it shall be the duty of every purchaser of such a lot, either from the city direct or from a person who has previously bought from the city, to exhibit the original conveyance by which he claims title to such lot to the superintendent of the cemetery.
(7) 
He shall keep a record of all interments in the cemetery, showing the exact location of every grave, the name, sex, age, time, place and cause of death of the person buried therein, and the date of burial.
(8) 
He shall prevent any burial in any lot until the city shall have been paid for the lot, and he shall also prevent the interment of any body in any lot without the consent of the person recorded as owner of said lot in his records, and he may require such consent to be in writing.
(Ordinance 322, sec. 5, adopted 2/1/54; 1972 Code, sec. 7-17)
All money received for the sale of lots, digging of graves, and other services about the cemetery shall be paid direct to the treasurer, who shall give proper receipts therefor. No deed to any cemetery lot shall be issued nor shall any services be performed in or about the cemetery until a receipt showing payment to the treasurer of the cost thereof shall be exhibited to the person whose duty it is to give such deed or perform such services. All money received from the sale of lots and for the performance of any service in or about the cemetery shall be placed in the cemetery fund, which fund shall be used for the payment of the purchase price of grounds, or for maintenance and improvements, and for no other purpose whatsoever. The treasurer shall keep an account of all receipts and disbursements of money belonging to the cemetery fund and shall pay money out of said fund only on orders signed by the mayor and attested by the city secretary, which orders shall specify that the money shall be paid from the cemetery fund.
(Ordinance 322, sec. 3, adopted 2/1/54; 1972 Code, sec. 7-18)
The prices of such lots in the Monahans Municipal Cemetery as the council shall deem advisable to offer for sale shall be filed with the city clerk. Any person paying the price thus fixed for any lot shall be entitled to a deed conveying the same executed by the mayor and attested by the city secretary. Such deed shall forbid the use of the lot for any purpose other than the burial of human bodies and the purchaser shall expressly agree in the deed to observe said restriction, and shall agree also that the planting and decorating of the lot, and of the whole cemetery, and the placing of monuments, markers, vaults, and of any structures or object above the surface of the ground shall be subject to the general supervision and approval of the city council and its officers and employees appointed for the purpose, and that his rights shall be subject to such reasonable rules and regulations as the council shall adopt from time to time relative to the use of the cemetery.
(Ordinance 322, sec. 2, adopted 2/1/54; 1972 Code, sec. 7-19)
The price for each cemetery lot shall be established by resolution of the city council.
(Ordinance 436, sec. 1(b), adopted 6/15/59; Ordinance 652, sec. 1, adopted 7/25/72; Ordinance 845, sec. 1, adopted 7/24/84; 1972 Code, sec. 7-20)
Before any interment shall be made in any cemetery in this city, a burial permit shall be obtained therefor from the city secretary. Within thirty-six (36) hours after the death of any person in the city and before the body is removed for burial, the undertaker or person having charge of the interment shall apply for such burial permit to the city secretary. This application shall be accompanied by a death certificate, showing the name and age of the deceased, and the date, place and cause of death, together with such other information as may be required by the state board of health. No burial permit shall be issued by the city secretary until such application and death certificate have been properly filled out and presented. The body of no deceased person shall be brought into the city for burial unless accompanied by a death certificate and permit for removal from the health officer, or other authorized person, of the locality wherein the death occurred.
(Ordinance 206, sec. 2, adopted 9/2/47; Ordinance 322, sec. 4, adopted 2/1/54; 1972 Code, sec. 7-21)
There shall be charged and collected a fee for opening and closing all graves in the Monahans Municipal Cemetery; such fee shall be made for the same as set by resolution of the city council. Funds shall be placed in a special fund for the Monahans Municipal Cemetery and are to be disbursed only for caretaking and improvement charges for the benefit of such cemetery, and for no other purposes.
(Ordinance 206, sec. 1, adopted 9/2/47; Ordinance 436, sec. 1, adopted 6/15/59; Ordinance 679, sec. 1, adopted 1/28/75; 1972 Code, sec. 7-22)
Every grave for an adult shall be at least five (5) feet deep, and for a child at least four (4) feet deep.
(Ordinance 322, sec. 5(e), adopted 2/1/54; 1972 Code, sec. 7-23)
Cemeteries shall be open from eight (8) o’clock a.m. to five (5) o’clock p.m. of every day.
(Ordinance 322, sec. 7, adopted 2/1/54; 1972 Code, sec. 7-24)
All monuments and markers placed in the cemetery shall be of bronze, granite or marble; no vertical joints therein will be permitted; and all foot markers shall be placed at ground level. All foundations for monuments and other structures must be of sufficient depth and stability to support the proposed structure; and to this end, no structure may be erected until the foundation therefor has been approved by the superintendent of the cemetery; or when any marker, monument or other structure to be erected in the cemetery requires, in the opinion of the superintendent, foundation to support it properly, such foundation shall be installed by employees of the superintendent of the cemetery at a proper depth and strength to support the proposed structure at the expense of the person erecting the structure.
(Ordinance 322, sec. 8, adopted 2/1/54; Ordinance 906, sec. 1, adopted 1/23/90; 1972 Code, sec. 7-25)
(a) 
Lot owners shall not change the grade of any lot, nor interfere in any way with the general plan of the improvement of the cemetery. No fences will be permitted within the cemetery.
(b) 
All curbs shall be placed at ground level, shall be four (4) inches in width and twelve (12) inches in depth of quality concrete properly troweled and edged. Any grave cover preventing normal maintenance operations is prohibited.
(Ordinance 322, sec. 9, adopted 2/1/54; Ordinance 906, sec. 2, adopted 1/23/90; 1972 Code, sec. 7-26)
(a) 
No person shall discharge any firearm or have possession of any firearm within the cemetery grounds, except in case of military funerals and on Memorial Day, without the written permission of the superintendent.
(b) 
No grave will be opened except by order of the husband, wife, father, mother, son or daughter of the deceased, and then only for good cause, and the city reserves the right to refuse any request. This provision does not apply when disinterment is ordered by a duly authorized public official.
(c) 
No person shall remove any object from any place in the cemetery or make any excavation without the consent of the superintendent or his assistant.
(d) 
All rubbish, unsightly material, or debris accumulating from any work or any cause must be removed at once by the person or persons causing its accumulation. All derricks, tools, etc., must also be removed at once and the grounds left in as good condition as found.
(e) 
No person shall obstruct any drive or path in the cemetery or in any way injure, deface or destroy any stone structure, grave, flower, tree, shrub, vine or any other thing in the cemetery.
(f) 
If any object or structure, or any part of any structure, within the cemetery shall be deemed to be objectionable or to have become objectionable or unsightly, the superintendent shall have the right to remove the same.
(g) 
No person shall drive any vehicle faster than a walk within the cemetery, nor drive over any path or roadway prohibited by the superintendent.
(h) 
No person shall disturb the quiet of the cemetery by noise of any kind or by any improper conduct.
(i) 
No person shall enter or leave the cemetery except at the gates thereof.
(j) 
No person shall use the cemetery grounds or any road therein as a public thoroughfare, nor drive any vehicle through the cemetery grounds except for the purpose of making deliveries in the cemetery.
(k) 
No child shall be permitted within the cemetery unless accompanied by and in the control of an adult.
(l) 
No person shall allow his dog to run at large in the cemetery.
(m) 
No person shall loiter in or on the grounds, walks, drivers, or on any lot in the cemetery, and any person found within the cemetery who fails to give a good and sufficient reason for the presence shall be guilty of a misdemeanor.
(n) 
No person shall leave unattended or unfastened any horse or other animal in the cemetery.
(Ordinance 322, sec. 10, adopted 2/1/54; 1972 Code, sec. 7-27)