The following are rules and regulations for the interments, disinterments and reinterments within all cemeteries:
(A) Written authorization from the owner of record of a space or his designated representative, successor in interest or other proper legal authority will be required before an interment or reinterment is allowed. In certain cases, the city may require grave sites to be physically located by the family or its representatives and authorization signed by the space owner or legal representative of the space owner prior to opening the space for interment, disinterment or reinterment. This gives the city the right to open the grave space selected by the family.
(B) Proper authorization as required by the State of Texas or any public authority having jurisdiction in the matter must be presented to the city at the time an interment, disinterment or reinterment is effected. The city shall not be liable for the accuracy of the data contained in said authorization or for the identity of the person to be interred or disinterred.
(C) All interments, disinterments and reinterments shall be performed by a licensed funeral director, the city employees or its contractors or other persons as provided by state and local laws. In the event that a funeral home or its contractor is in arrears for charges owed to the city for cemetery services performed by the city or cemetery related fees and permits required of the funeral home or its contractors, and these said charges remain unpaid for a period of 30 days from the date services were rendered or fees or permits were required, the city may prohibit the opening and closing of any other grave site requested by such funeral home or its contractors until such time as the debt is paid in full.
(D) Interment of human remains is allowed only in areas dedicated for grave sites.
(F) The scattering of human cremation remains in any city owned cemetery is not allowed.
(G) Contractor guidelines for work performed in cemeteries.
(1) Contractors shall contact cemetery clerk to locate interment spaces, and the clerk will contact a staff representative to assist if interment location is in question or not found.
(2) Cemetery clerk will take digital pictures of the interment area to record any pre-existing damages prior to the contractor beginning gravesite opening procedures. Additionally, the cemetery clerk will inspect the interment area after closing operations to record any damage that may have been caused by the contractor.
(3) In the event of inclement weather, the cemetery clerk at their discretion may call in a staff representative to look at the site and recommend an alternate digging procedure.
(4) Contractors shall place 3/4 inch sheets of plywood under the front bucket and the outrigger arms of the backhoe during the excavation process to reduce damage to cemetery grounds near the interment area.
(5) If the interment is not on the same day as gravesite opening operations, the contractor must cover the open grave with three 3/4 inch sheets of plywood and cover with a six-foot by eight-foot tarp to protect visitors of the cemetery.
(6) During wet conditions, the contractor shall use plywood for equipment to drive on so as not to create damage to streets or cause ruts.
(7) If ruts are created, the contractor shall repair the area as soon as possible. If the repairs are not made within ten business days, the city will make the repairs and bill the contractor for the cost of repairs. Failure to repair damages may lead to the contractor being removed from the city’s approved contractor list.
(8) Monuments that may hinder the digging operation will need to be moved by the contractor by rolling the monument onto plywood to accommodate the backhoe and dump truck. Two two-inch by six-inch boards should be laid on both sides of the monument’s concrete slab, with two 3/4 inch sheets of plywood on top to protect the slab. After digging has been completed, the monument shall be rolled back into place until the service is over. The monument may need to be rolled again to accommodate a burial vault if the funeral is not on the same day that the gravesite is opened. After the closing duties are performed, the monument will be placed in the original location and the contractor shall reset it using a setting compound.
(9) If the contractor decides they do not need to roll the monument, then the contractor shall use three 3/4 inch sheets of plywood placed under the backhoe outrigger arms to increase the digging height advantage on monuments three feet or more in height. Two 3/4 inch sheets of plywood shall be placed under the backhoe outrigger arms to increase the digging height advantage on monuments two feet or less in height.
(10) The contractor shall cover each monument in close proximity to the interment site with a six-foot by eight-foot tarp to avoid hydraulic spill damage during opening and closing procedures.
(11) Contractor shall maintain general liability insurance coverage of at least $1,000,000 and automotive liability insurance of at least $1,000,000 with the city listed as an additional insured.
(12) All contractors shall be required to sign an acknowledgement that they will abide by these rules and regulations, and obtain a contractor’s registration permit. Permits are available at the cemetery office.
(Ord. 11-1998-86, passed 11-24-98; Am. Ord. 09-2013-58, passed 9-24-13; Am. Ord. 11-2013-80, passed 11-12-13) Penalty, see § 92.99