(a)
All additions to the present city cemetery, known as Oakland
Cemetery shall comply with the provisions of this article relating
to the division of cemetery land by sections, blocks, lots and grave
numbers The cemetery shall be divided into five (5) sections identified
as section A, section B, section C, section D, and section E.
(b)
Oakland Cemetery is set apart for the burial of the residents
of this community and the surrounding area subject to the rules established
in this division, the city code, and any applicable federal or state
laws.
(c)
All spaces in the cemetery owned and operated by the city shall
be conveyed to the purchaser by warranty deed for the purpose of burial
only, i.e., the right of interment only. The city shall at all times
remain the owner of the real property. The rights of the purchaser
therein are subject to the provisions of state law and such rules
and ordinances as may be enacted or amended from time-to-time by the
city council.
(d)
The rules and regulations herein contained are designed for
the protection of the rights of all grave space owners. The rules
adopted have been determined to be reasonably necessary and incidental
to achieve the aforestated objectives.
(e)
Oakland Cemetery, consisting of approximately 31.69 acres, is
divided into blocks, each containing lots, generally each lot being
twenty (20) feet by twenty (20) feet in size, and each lot generally
containing eight (8) grave spaces. Each grave space shall be five
(5) feet by ten (10) feet in size.
(f)
Each grave space shall be limited to either:
(g)
Oakland Cemetery shall provide a pauper's burial area,
a baby burial area, and an urn garden area where it is determined
necessary and appropriate.
(h)
Baby burial plots are four (4) feet by five (5) feet.
(i)
Urn garden plots are limited to one (1) urn per each three (3)
by two (2) foot plot area. Urn garden plots are sold in sequential
order on a first-come, first-serve buying basis. Only flat markers
are allowed in section E. The monument must be centered in the space
provided and flush with the top of the property line in section E.
(j)
By resolution of the city council, from time-to-time as necessary,
a gravesite purchase price, perpetual care fees, and grave digging
service fees shall be established.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
All administrative matters pertaining to the operation of the
cemetery shall be under the direction of the city manager or his designee.
The city will communicate about specific grave spaces/plots only with:
(1)
Funeral directors and their staff;
(2)
The owner;
(3)
An authorized family member of the owner;
(4)
A person claiming the right of burial in a grave space/plot;
(5)
An individual possessing a valid and effective power of attorney
executed by any of the foregoing persons; or
(6)
A licensed attorney representing any of the foregoing persons.
(b)
The city shall provide for the continuing care, maintenance,
operation, and improvements to the cemetery. In general, this shall
include: road construction and maintenance, mowing, pruning, landscaping,
removal of plant material, policing of the grounds, pest control,
and other such maintenance as may be necessary to keep the cemetery
presentable at all times.
(c)
Oakland Cemetery care does not include the purchase, erection,
repair or replacement of markers, headstones, monuments or any other
item on a grave space.
(d)
The city reserves the right to straighten or level cemetery
monuments, headstones, markers, or any other item on a burial space
should they be deemed unsafe or unsightly. The city shall have no
liability for damages to monuments, headstones, markers, or any other
item on a burial space that may occur while leveling or straightening,
except as may be required by applicable law.
(e)
Oakland Cemetery shall be open daily from dawn to sundown unless
otherwise directed by the city manager.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
The city manager or his designee is hereby authorized and directed
to make, execute, and deliver all deeds conveying the right of interment
in lots or portions thereof to the purchasers of same. Deeds may be
delivered to purchaser only upon full payment of the purchase price,
which must be paid prior to interment. All deeds so conveying the
right of interment in lots or portions thereof within Oakland Cemetery
shall be subject to the terms of this division.
(b)
Pauper gravesites are provided at no cost so long as the pauper
resided in the city limits at the time of his or her death. The county
designee will determine if a person qualifies as a pauper. Monuments
larger than two (2) foot by one (1) foot by six (6) inches shall not
be placed upon the plot. Subsequent placement of monuments larger
than the aforementioned size will be evidence that a fee to purchase
the burial plot can be afforded and therefore shall be assessed a
fee equal to a burial plot. Approval must be obtained by the city
manager or his designee prior to placement of any marker, headstone,
or monument in a pauper or baby burial plot section.
(c)
The sale, transfer, or assignment of any space in the municipal
cemetery by any owner or purchaser shall not be binding upon the city
until it has been approved in writing by the city manager or his designee,
and a new deed containing the approval of the city manager from the
seller to the new purchaser is executed and delivered to the city.
A fee shall be assessed for the transfer of any space and will be
set by the fine and fee schedule. The resale of lots is permitted
as long as the transaction is approved in writing by the city. The
resale of lot(s) cannot be more than the original price paid when
lot(s) was originally purchased.
(d)
The city manager or his designee may enter into contracts with
prospective purchasers of cemetery grave spaces, urn garden plots,
or other plots to be used for interment. Such contracts shall not
exceed twenty-four (24) equal payments made on a monthly basis. Should
default occur in the timely payment of any installment, the purchaser
shall forfeit all interest in any space subject to the contract. Forfeited
spaces may be placed for sale to other purchasers. Any balance remaining
after deducting the administrative fee, determined by the city manager
or his designee, will be refunded to the defaulting purchaser.
(e)
Records containing data on all interments shall be kept in the
city files, shall be the official record regarding the cemetery, and
shall be available to the public in accordance with applicable law.
The data is to include the section, lot, and grave location and the
name, age, the date of interment of each grave occupant and additional
information as determined by the city.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
The city does not perform any grave digging services. Grave
digging services must be in compliance with this section.
(b)
The burial of urns may be performed by a lot owner, their designee
or a funeral director without obtaining a permit as long as the city
manager or his designee is notified of such burial prior to date of
interment. A grave marking fee must be paid prior to the burial of
an urn.
(c)
Graves that are dug for a casket burial must be at least fifty
(50) inches deep to allow enough space for the possibility of the
burial of a casket and an urn.
(d)
When closing the grave, the grave digger shall fill the grave
space around the casket first with sand provided by the city, then
top off the grave with the excess dirt from digging the grave originally.
(e)
No person, firm, or corporation shall perform any grave digging
services in Oakland Cemetery without first having obtained a permit
from the city secretary. Such person, firm, or corporation shall make
application that shall include the following:
(1)
Name and address of person and/or firm making the application.
(2)
A list and description of equipment that will be used, which
can be operated safely between graves having six-foot wide walkways.
(3)
Proof of general liability insurance providing for coverage
in the amount of at least three hundred thousand dollars ($300,000.00)
per occurrence, with the city named as co-insured or additional insured.
(4)
A nonrefundable annual fee to cover the costs of processing
the application, as may be set by the city manager or his designee.
(f)
The city manager or his designee shall issue a one-year permit,
provided the applicant has paid the application fee, submitted a complete
application form, meets the equipment standard in (c)(2) of this section,
and has on file with the city the insurance certificate required by
this section.
(g)
Upon receipt of a complaint from any interested person or entity
to the city manager or his designee regarding the performance of grave
digging services by the permit holder, the city manager or his designee
may hold an informal hearing to consider cancellation of the permit.
The permit holder will be given ten (10) days' notice of such
hearing by certified or registered mail. The permit holder shall be
given the opportunity to appear and contest the cancellation of his
permit at such hearing. Any subsequent cancellation shall be provided
in writing to the permit holder and shall state the reasons for such
cancellation. Reasons may include, but are not limited to, failure
to comply with applicable ordinances, unpaid damages to public or
private property, or the collection of fees not authorized by the
city.
(h)
Grave digging services shall protect surrounding graves by the
use of ply board as necessary during wet seasons.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
All grave services performed within Oakland Cemetery shall comply
with state laws and shall be in compliance with this section and all
other sections of this division.
(b)
The city shall establish the final grade to match the surrounding
area on spaces after an appropriate amount of time has elapsed after
burial to allow for settling.
(c)
Any grass, flowers, shrubs, trees, or other types of vegetation
shall be planted only by or at the direction of the city manager or
his designee in accordance with a master landscape plan for the entire
cemetery. Plantings by individuals are prohibited and shall be removed
and disposed of by the city.
(d)
Plantings of trees, shrubs, or flowers on grave spaces that
existed prior to adoption of Ordinance Number 316-91 on January 14,
1991, which were specifically grandfathered with the adoption of that
ordinance, shall continue to be grandfathered, provided that these
plantings may be removed and disposed of by the city whenever they
become unsightly, or as necessary to provide access to grave spaces.
Replacement of grandfathered plantings that have been removed shall
not be required.
(e)
The placing of one (1) floral piece, artificial or fresh cut, is allowed, but must be placed within six (6) inches in front of the funeral marker or monument. Any monument containing permanently attached vase(s) may have more than one flower arrangement if placed in existing vase(s); (glass vases of any kind are not allowed) a saddle arrangement may also be placed on this type of marker, headstone, or monument. No objects of any kind other than flowers are to be left on the monument or grave space, with exception to the US/military flags during military holidays as stated in section 1.12.035(f). Funeral designs are acceptable and can be placed on a new grave, but will be removed two (2) weeks after date of interment. The digging of holes for the placement of potted plants and baskets is prohibited. The city shall not be liable for damages to headstones, monuments, markers or other items due to an act of God or any other causes of any kind whatsoever which are beyond the reasonable control of the city.
(f)
Holiday flowers, artificial or fresh cut, placed on graves must
be temporary, be placed no sooner than five (5) days prior to a holiday
calendar date, be removed after ten (10) days from the holiday calendar
date, and be placed within six (6) inches of grave markers. These
flowers will be removed and disposed of by the city after eleven (11)
days following a holiday calendar date if not earlier removed by family
of the person buried in the graves. Holidays include, but are not
limited to: Valentine's Day, Easter, Memorial Day, Independence
Day, Halloween, Veteran's Day, Thanksgiving, and Christmas. United
States and military stick flags may be placed on the graves of veterans
during the following military holidays: Veteran's Day, Armed
Forces Day, Pearl Harbor Remembrance Day, and Memorial Day through
Flag Day. The flags can be no more than eighteen (18) inches in length
and twenty-four (24) inches in height and must be placed in either
a vase that is part of the monument or within six (6) inches of the
front of the monument. These flags will be removed according to the
holiday schedule as previously stated.
(g)
Items placed on the grave for commemorative events or ceremonies
are allowed as long as prior permission is obtained from the city
manager or his designee. These items must be removed within ten (10)
days after such event or will be removed and discarded by city staff
thereafter.
(h)
Benches, bricks, garden stones or foot stones are not allowed. Benches that are part of a monument, and of the same material, are allowed as long as they meet the requirements stated in section 1.12.037(a).
(i)
The city will remove and discard any item that is placed on a gravesite that is in violation of this section 1.12.035 on an as needed basis.
(j)
The city manager or his designee has no intent to interfere
with the taste of individuals concerning the style of their improvements,
but in implementing these cemetery regulations, retains the right
to prevent or remove anything deemed injurious to the immediate locality,
or prejudicial to the general good appearance of the grounds, and
to prevent any planting which they may deem injurious, unsightly,
or detrimental. The city manager or his designee shall have the right
to remove and dispose of all flowers, floral pieces, funeral designs,
and all other objects when they become withered, unsightly, or an
obstruction to maintenance.
(k)
The city manager or his designee is empowered to and may enter upon any space within the cemetery and remove and dispose of anything that may have been erected or placed thereon contrary to the provisions of this section 1.12.035, and may remove and dispose of any dead or damaged tree, shrub, or vine.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
No copings, hedges, fences, exposed vaults, walls, or other
enclosures shall be permitted in, on, or around any space in sections
B and C of Oakland Cemetery and shall be removed in accordance with
the provisions of these cemetery regulations.
(b)
Coverings and ledgers shall only be permitted in sections A
and D of Oakland Cemetery upon the written approval of the city manager
or his designee. For the purposes of this division, a covering means
any material other than turf that may be placed over the grave. A
ledger is any marker, headstone, or monument that may be placed in
such a way as to cover the grave space and must be flush with the
ground.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
Corner markers.
Foot markers.
Monuments.
Definitions.
Markers placed on the corners of a space.
Veteran markers placed on the foot line of the space.
Those markers placed on the head line of a space.
(b)
The base of all grave markers, headstones, government-issued
veteran markers, corner stones and monuments shall be placed flush
with the property line of the grave space. The material for each marker,
headstone, veteran markers, corner markers or monument placed in the
cemetery must be consistently uniform with current monuments within
the cemetery. Monuments made out of wood, metal or other materials
not consistent with the other monuments in the cemetery are prohibited.
The city manager or his designee must grant written approval before
marker, headstone, or monument is placed in the cemetery. A grave
space shall not have more than two (2) single markers on the space.
All markers (excluding corner markers), headstone, or monument shall
be placed on a concrete base to prevent from sinking, leaning, etc.
All foundations for monuments must include a three (3) inch foundation
reveal under the monument. Reveal must be either granite or concrete
and be flush with the ground.
(c)
Government-issued veteran markers or corner markers must be
installed flush with the ground. Family markers, headstones, government-issued
veteran markers, corner markers or monuments must be placed on the
property line. Temporary markers must be provided by the funeral home
at the time of burial and must be removed once a permanent marker,
headstone, or monument has been placed on a grave space. Written permission
to place any marker, headstone, government-issued veteran markers,
corner markers or monument must be obtained from the city manager
or his designee. Grave space must be paid in full prior to placing
a marker, headstone, government-issued veteran markers, corner markers
or monument. Failure to meet any of the above requirements may result
in the removal of a marker, headstone, government-issued veteran markers,
corner markers or monument by the city manager or his designee.
(d)
No curbing of any kind shall be permitted in sections B and
C of Oakland Cemetery with the exception of that installed by the
city to delineate the boundaries of the blocks.
(e)
Curbing is grandfathered in sections A and D.
(f)
Surface vaults are permitted in sections A and D of Oakland
Cemetery with the issuance of a permit by the city.
(g)
Foot stones are not allowed in Oakland Cemetery;
(h)
Mausoleums and crypts may be built in sections A and D of Oakland
Cemetery but must be built and sealed by an approved contractor in
that field. Before construction begins, the contractor must obtain
a permit from the city.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
Established.
All money collected for the purpose
of providing perpetual care for cemetery lots or grave spaces shall
be deposited in interest bearing accounts insured by the Federal Deposit
Insurance Corporation, and shall be referred to as the perpetual care
fund.
(b)
City to provide care.
The city shall provide perpetual
care of Oakland Cemetery, either by city personnel or under contracts
with third parties.
(c)
Income from perpetual care fund; restriction on use; maintenance
of fund.
(1)
Interest income generated from the perpetual care fund shall
be used to defray the cost to the city of the perpetual care provided
by it or under contract with third parties.
(2)
The funds contained in the perpetual care fund can be used for
no other purpose than to provide a fund for the generation of income,
which shall be used as aforesaid.
(3)
The city shall maintain the perpetual care fund for perpetuity
for the use and benefit of owners of lots or spaces with Oakland Cemetery.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
(b)
Price and perpetual care fee for spaces purchased in Oakland
Cemetery.
The purchase price and the perpetual care fee
for all spaces purchased in Oakland Cemetery shall be established
by ordinance of the city council and amended as necessary from time-to-time,
upon recommendation of the city manager.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
A memorial option is available through the Oakland Endowment
Fund established by the City of Navasota. All gifts donated to this
fund shall be used for facility or landscape improvements as approved
in the master landscape plan, maintenance of roads and facilities,
or as designated by the donor.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
A grave space/plot in which the exclusive right of burial is
conveyed is presumed to be the separate property of the person named
as grantee in the certificate of ownership or other instrument of
conveyance.
(b)
The spouse of a person to whom the exclusive right of burial
in a grave space/plot is conveyed has a vested right of interment
of the spouse's remains in the grave space/plot while the spouse
is married to the grave space/plot owner or if the spouse is married
to the grave space/plot owner at the time of the owner's death.
(c)
An attempted conveyance or other action without the joinder
or written, attached consent of the spouse of the grave space/plot
owner does not divest the spouse of the vested right of interment.
(e)
Unless a grave space/plot owner who has the exclusive right
of burial in a grave space/plot and who is interred in that grave
space/plot has made a specific disposition of the grave space/plot
by express reference to the grave space/plot in the owner's will
or by written declaration filed and recorded in the office of the
city secretary:
(1)
A grave, niche, or crypt in the grave space/plot shall be reserved
for the surviving spouse of the grave space/plot owner; and
(2)
The owner's children, in order of need, may be interred
in any remaining graves, niches, or crypts of the grave space/plot
without the consent of a person claiming an interest in the grave
space/plot.
(f)
The surviving spouse or a child of an interred grave space/plot
owner may each waive his right of interment in the grave space/plot
in favor of a relative of the owner or relative of the owner's
spouse. The person in whose favor the waiver is made may be interred
in the grave space/plot.
(g)
The exclusive right of burial in an unused grave, niche, or
crypt of a grave space/plot in which the grave space/plot owner has
been interred may be conveyed only by:
(h)
Unless a deceased grave space/plot owner who has the exclusive
right of burial in a grave space/plot and who is not interred in the
grave space/plot has otherwise made specific disposition of the grave
space/plot, the exclusive right of burial in the grave space/plot,
except the one grave, niche, or crypt reserved for the surviving spouse,
if any, vests on the death of the owner in the owner's heirs-at-law
and may be conveyed by them.
(i)
A person other than the owner who claims ownership of a right
of burial in a grave space/plot must prove their ownership of said
right to the satisfaction of the city manager or his designee.
(Ordinance 1052-24 adopted 9/9/2024)
(a)
The use of the Madeley Chapel is free of charge to the public,
and can be used on a first-come, first-serve basis for memorial funeral
services only. Any individual can request use of the chapel through
authorization of the city.
(Ordinance 562-08, ex. A, adopted 9/8/08; Ordinance
1052-24 adopted 9/9/2024)
(a)
The city secretary's office must be notified by the funeral
home at least forty-eight (48) hours in advance of an interment either
by phone, in person, or by email to allow ample time for not only
the processing of paperwork but also the proper marking of a grave
space.
(b)
The city secretary's office must be notified by the monument
company at least forty-eight (48) hours in advance of monument delivery/installation
to allow ample time for the processing of paperwork but also the proper
marking of a grave space.
(Ordinance 1052-24 adopted 9/9/2024)
