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Res 19-20 Repealing Res 10-10; Approving IOOF Cemetery Rules and Regulations and Sales policies TOWN OF WESTLAKE RESOLUTION NO. 19-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,REPEALING RESOLUTION 10-10 AND APPROVING THE UPDATED I.O.O.F WESTLAKE CEMETERY RULES AND REGULALTION AND SALES POLICIES. WHEREAS, the Town of Westlake wishes to maintain the Westlake I.O.O.F Cemetery as a peaceful and restful place of solace to those who have been bereaved and demonstrate respect for the memory of the people for whom the cemetery is a final resting place; and, WHEREAS, the increased sales and activity in the Cemetery require more time and cost for maintenance, administrative duties and oversight to maintain the current level of service; and, WHEREAS, the survey conducted supports an increase in the price for spaces and interment fees to meet the cost of increased expenses to maintain the Cemetery; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the proposed policy, attached as Exhibit A Cemetery Rules and Regulations and Exhibit B I.O.O.F Westlake and Sales Policies, governing the cemetery. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 19-20 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 17TH DAY OF JUNE 2019. ATTEST: 44 �iy_a ''!i_;, Laura L. Wheat, Mayor E I Q.. l:�L l APPRO D� S F RM: Kell Edwa1`d , Town Secretary anton L6vvfyyT Attorney O� VV E S 14 o Resolution 19-20 Page 2 of 2 I.O.O.F WESTLAKE CEMETERY 3101 J.T. Ottinger Road T H E T 0 W H O F Westlake, Texas 76262 W E S T L A K E 817-430-0941 01STIRCT'VF BY OFSIG,`I RULES AND REGULATIONS Purpose It is the desire of the Town of Westlake(hereafter also referred to as"Town')that the I.O.O.F Westlake Cemetery be maintained in a peaceful and respectful manner, in order to provide a place of solace to those who have been bereaved, and to demonstrate respect for the memory of the people for whom the cemetery is a final resting place. The Town of Westlake adopted these Rules and Regulations for the management of the I.O.O.F Westlake Cemetery. All Certificate holders of interment rights, visitors, contractors or any other person entering into the I.O.O.F Westlake Cemetery(hereafter also referred to"Cemetery") shall be subject to these rules and regulations. General Rules and Regulations 1. Final Upon Passage. The Rules and Regulations of the cemetery, including prices for burial space, services made available by the Town and all other Rules and Regulations are to be set by the governing body of the Town of Westlake(hereafter referred to as the"Town Council")and become effective upon approval by the Town Council. Applications for any exceptions are to be submitted to the Town Manager or his/her designee (hereafter known as the Town Manager) for review and approval. 2. Changes and Amendments. The Town Council expressly reserves the right to adopt, amend, change, alter or repeal any rule, regulation, article, section or paragraph of these Rules and Regulations, without prior notice to certificate holders or others. 3. Administration of Cemetery. Day-to-day administration of the cemetery and enforcement of the Rules and Regulations shall be carried out by the Town Manager. The Town Manager may grant exceptions to these Rules and Regulations. "Town'as used herein, includes the Town, the Town Council, the Town Manager, the Town staff, agents or volunteers, as may be understood from the context. 4. Exceptions. The Town reserves the right to make exceptions, suspensions or modifications in any of the Rules and Regulations. Such exceptions may be made by the Town Council or the Town Manager when, in the judgment of the Town Council or the Town Manager such an exception, suspension or modification is advisable. Exceptions, suspensions or modifications shall not be construed as affecting the general application of the Rules and Regulations. If a question arises that is not addressed by these Rules and Regulations,the question shall be addressed and decided by the Town Manager. Resolution 19-20 Page 1 of 8 I.O.O.F Westlake Cemetery Rules & Regulations 5. Control of Cemetery. The Town retains full and complete supervision, control and management of all the land, buildings, improvements, roads, landscaping, walks, utilities, development, books, records or other property of the cemetery. The Town,through the Town Council,Town Manager and Town staff, shall have the full and complete authority, rights, and privileges to enforce all laws, rules and regulations and restrictions concerning the cemetery. 6. Work on Grounds by Staff or with Permission. No person, other than employees of the Town, shall be allowed to perform any work within the cemetery, unless such person has received written permission from the Town Manager. 7. Improvements and Interments. The Town will be in charge of all improvements made on cemetery grounds and upon all plots before and after interments are made. 8. Town Not Responsible for Loss or Damage. The Town will take all reasonable precautions to protect the cemetery and the structures contained therein, but neither the Town, Town Council, Town Manager, or Town staff, agents for the Town or Town volunteers shall be responsible for any loss, damage, injury or other harm occurring on cemetery grounds. 9. Vehicle Use in Cemetery. The use of automobiles or other vehicles within the cemetery is authorized solely and exclusively for the purpose of transporting persons to burial plots for burial ceremonies or to visit such plots. 10. Speed Limit. The speed limit within the cemetery is no greater than ten(10)miles per hour. 11. Parking or Driving on Grounds. Parking or driving on grounds, gardens or any grassy areas is prohibited,unless permission is given by the Town Manager in writing. 12. Bicycles, etc. Prohibited. Bicycles, skates, skateboards, snowmobiles, motorcycles, horses, etc. are not permitted in the cemetery unless prior written approval has been granted by the Town Manager. 13. Animals. Dogs and other domesticated animals(with the exception of service animals) are not permitted unless on a leash or inside a vehicle. Horses shall be allowed only with written permission of the Town Manager. The person who has care and control of the animal while it is in the cemetery shall be responsible for the disposal of any animal waste. 14. Alcohol and Drugs Prohibited. Possession of alcoholic beverages or illegal drugs is prohibited on cemetery grounds. Alcoholic beverages or drugs found on cemetery grounds shall be subject to removal. Page 2 of 8 I.O.O.F Westlake Cemetery Rules & Regulations 15. Use of Plots by Town. The Town shall have the right to enter upon or use,without prior notice to certificate holder or others,any plot or plots to carry out its duties, including but not limited to, maintenance of grounds, interments, erection of monuments or markers. 16. Signs, Advertisements Prohibited. Signs, notices, advertisements or similar structures shall be prohibited in the cemetery unless placed by the Town. 17. Sales on Cemetery Grounds. Peddling, soliciting or sales of any goods or services other than burial plots are prohibited on cemetery grounds. 18. Cemetery Landscaping. Trees and shrubs are placed throughout the cemetery for the overall beauty and serenity of the grounds and shall only be placed on the grounds by Town staff. Individual plots are not permitted to have trees, shrubs, plants or any vegetation without written approval from the Town. Free standing planter pots are prohibited. Any trees, shrubs, plants or vegetation that has been planted or placed in the cemetery without written approval of the Town Manager may be removed without notice. 19. Trees and Other Landscaping. Trees and other landscaping, such as bushes or shrubs, are located throughout the cemetery and may be located on certain plots in a way that could interfere with space that otherwise might be used for burials. In such a case,the Town shall have the right to remove the trees, landscaping or other vegetation. Trees on cemetery grounds are excepted from the provisions of the Town Tree Ordinance. Sales and Right of Use 1. Sale and Use of Cemetery Plots. The right of interment in the cemetery shall be sold in accordance with the provisions of the laws of the State of Texas the Town of Westlake and these Rules and Regulations. All burial plots shall be sold with permanent maintenance provisions. Prices for burial space shall be set by the Town Manager. 2. Charges for Work, Services or Materials. Charges for materials, work or services performed by the Town shall be at rates approved by the Town Manager. 3. Use of Cemetery Plots. Plots shall be sold and used for the burial of deceased human beings only. 4. Certificate of Interment Rights. Recognition of rights of interment of an unoccupied plot shall be by issuance of a Certificate of Interment Rights. A Certificate of Interment Rights ("Certificate") shall be issued to each person purchasing burial space. The Certificate shall have the name of the holder of the Certificate and describe the location of the plot. Possession of a Certificate by a person not named on the Certificate is not in itself evidence of the right to interment in the space designated on the Certificate. Named Certificate holders only acquire the right of burial. The Town Manager may require additional documentation to establish interment rights. 5. Joint Ownership. If more than one person is named in the Certificate, it is indicative of joint ownership with rights of survivorship. Page 3 of 8 LO.O.F Westlake Cemetery Rules & Regulations 6. Lost Certificate. In the event of loss or destruction of a Certificate, a Certificate holder may make a written request to the Town Administrative offices, for a duplicate Certificate. The written request must be accompanied by a properly executed and sworn affidavit that sets forth the circumstances of the loss or destruction and any other documentation required by the Town Manager. 7. Transfer of Interment Rights. a. Rules Applicable. A Certificate holder may only transfer rights in accordance with these rules and all laws concerning such transfers. b. Town Manager Approval Required. In order to transfer the right of interment, a Certificate holder must obtain approval from the Town Manager for such transfer to be effective. c. Repurchase b. Town. Upon application for approval to transfer interment rights,the plot may be subject to repurchase by the Town at the 75% of the purchase price. The Town manager may waive such repurchase. d. Indebtedness Must Be Paid. All indebtedness due to the Town in connection with the Certificate of Interment Rights must be paid before such transfer will be allowed. e. Town Records. All Certificate holders are required to notify and update Town records regarding any transfer of a Certificate. f. Transfer Fee. A transfer fee, as set by the Town Council, must be paid in order to transfer a Certificate of Interment Rights. g. Transfer by Inheritance. A Certificate may be transferred by Will. The person receiving such an inheritance shall be responsible for following the Rules and Regulations required to complete and record the transfer with the Town. The new Certificate holder must provide the original Certificate,the proof of inheritance of the burial space, pay any indebtedness due, pay a transfer fee and request that Town records be updated. h. Transfer by Intestacy. A Certificate may be transferred through the laws of intestacy. The person receiving such an inheritance shall be responsible for following the Rules and Regulations required to complete and record the transfer with the Town. The new Certificate holder must provide the original Certificate,the proof of intestate rights to the burial space, pay any indebtedness due, pay a transfer fee and request that Town records be updated. 8. Town to be Notified of Changes. All Certificate holders are required to notify Town administrative offices of any changes, including a change of addresses. Notices will be sent to the address shown in Town records and it shall be the Certificate holder's responsibility to update those records with any changes in information concerning the Certificate holder. Page 4 of 8 I.O.O.F Westlake Cemetery Rules & Regulations Visiting Hours 1. Visiting. Tile cemetery is open for visitation year-round from dawn to dusk. 2. Trespass. Any person found on cemetery grounds outside of visiting hours will be considered a trespasser, unless given written permission from the Town Manager to be on the cemetery grounds outside of visiting hours. Interment and Funeral Rules and Regulations 1. Interments. All interments must be arranged and approved in advance with Town staff. An interment will not be allowed without prior approval. An interment will not be allowed in a space unless the person to be buried holds the interment rights in the space as shown in Town records. Interments must be in accordance with all applicable laws and Rules and Regulations for the cemetery. 2. Delay in Burial. The Town shall not be liable or responsible for any delay in the interment of a body where a protest to the interment has been made and/or where the Rules and Regulations have not been complied with or where there is a legal dispute regarding the interment. Under such circumstances,the Town reserves the right to have the body placed in a receiving vault or to take other appropriate steps until the proper legal course has been determined. 3. Use of Grave Space. The use of one grave space shall be limited to interments as follows, unless otherwise permitted by the Town Manager or Town Council, as shown in writing and reflected in Town records: i. One adult burial; or ii. One adult burial and one infant burial; or iii. One adult burial and one urn of cremated remains; or iv. Two urns of cremated remains. 3. Fees Must be Paid. All fees or amounts due on a plot must be paid in full prior to an interment. 4. Outer Container. No burial of a casket over three(3)feet in length will be made unless placed in an outer container or receptacle of concrete or such other material found by Town staff to be of sufficient strength or resistance to deterioration. 5. Funeral Times. Funerals and/or burial services held at the cemetery must be between the hours of 8:00 a.m. to 3:30 p.m. Monday through Friday or from 8:00 a.m. to 2:00 p.m. on Saturday. Exceptions may be made by the Town Manager and will be provided in writing. Page 5 of 8 I.O.O.F Westlake Cemetery Rules & Regulations 6. Disinterment. Disinterments must meet the requirements of all state laws in effect at the time a request is made. The current law can be found in the Health and Safety Code section 694.001, 711.004 and Texas Administrative Code 181.6 but may be amended from time to time. If applicable, a copy of the application for a disinterment permit or a disinterment consent form must be provided to the Town for their records. 7. Cremated Remains. A permanent type of urn or vault is required for ground interment of cremated remains. The scattering of remains anywhere on cemetery grounds is prohibited. 8. No Liability. The Town shall not be liable for any container, receptacle or urn of cremated remains placed in a plot. Rules and Regulations for Flowers and Decorations 1. Removal of Flowers and Decorations at any time.ime. The Town reserves the right to remove all flowers, wreaths or other decorations from plots at any time. Such removal may be due to safety, unsightly appearance or because such removal is deemed necessary by the Town. 2. Spring and Fall Cleanups. The grounds will be cleared of decorations twice a year. Spring cleanup begins March 1 and Fall cleanup begins October 1. Weather or other circumstances may delay the start date of said cleanups. In order to save any decorations placed upon a grave, decorations should be removed prior to these dates. Decorations may be returned to the graves or new decorations placed on graves beginning April 1 and November 1 respectively. Temporary decoration may be placed on gravesite for five (5)days prior to an anniversary, birth date or national holiday. All decorations must be removed two (2) days after the anniversary, birth date or holiday. A request form must be completed to place temporary decorations on a grave site. 3. Flower Arrangements. Fresh flower arrangements are allowed on plots in a permanent bronze vase or a disposable vase. Silk flower arrangements are only allowed to be placed in a permanent bronze vase. 4. Flags. Flags may be placed on graves on Memorial Day, the Fourth of July, Flag Day, and Veteran's Day, provided that such flag is not larger than 8 inches by 12 inches(but may be smaller in size.) Flags are subject to removal by Town staff after ten(10)days of the above listed holidays. 5. Grave Blankets. Blankets may be temporarily placed on gravesites for five (5) days prior to an anniversary, birthday or national holiday. All blankets must be removed two(2)days after the anniversary, birthday or holiday. A written request must be completed to place blankets on a gravesite. 6. Prohibited Items. Glass is prohibited at all times. Devotional lights of any type are prohibited in the cemetery. No decorations of any type are permitted in trees or cemetery plantings. Other items that are prohibited include, but are not limited to,the following: plants, plantings, Page 6 of 8 I.O.O.F Westlake Cemetery Rules & Regulations shepherd's hooks, standup decorations, coping, curbing, decorative rocks, fencing, hedging, grave mounds, borders, solar lighting, enclosures or items that are worn, deteriorated, or cause visual clutter. 7. Removal of Unauthorized Items. The Town shall have the right to remove all flowers, plants or objects if the appearance or condition of those items warrant removal or if the objects or plants violate the Rules and Regulations of the cemetery. The Town will not be liable for such removal or for the loss of any objects, plants or flowers. Markers and Monuments 1. Approval and Permit Required. Markers, monuments or other memorials must be approved by the Town Manager prior to installation. In order to obtain approval and a permit,the Certificate holder must submit a sketch of the marker or monument showing the dimensions, material content, lettering and any other information as requested by Town staff. All markers, monuments or memorials must be made of the stone materials or bronze and approved by the'Town Manager. All markers, monument or other memorial foundations shall be placed by Town staff or agents of the Town only. Corner markers are allowed on all lots and must be installed at grade level. a. Benches-One bench per gravesite may be placed at the foot or head of the gravesite. The bench must have a concrete pad and be approved by the Town Manager prior to installation. Benches are required to be made of stone or metal materials and must be pre-approved by Town staff. b. Monuments—Upright monuments are required to be made of stone materials, may not exceed four(4)feet in height and eight(8)feet wide for a double marker and four(4)feet wide for a single marker and must be pre-approved by Town staff before being placed on a gravesite. i. Monuments may only be placed on the Certificate holder's gravesite and only in the specified areas as marked by the Town, at the head and foot of the space ii. Flush ground monuments are required to be made of stone or bronze materials iii. Foot markers may be placed at the foot of the gravesite and made of stone materials and must be flush ground monuments. iv. All monuments must be placed on a concrete base. 2. Fees Must be Paid. All fees or amounts due (including any installation fee)on a plot must be paid in full prior to the placement of any marker, monument or other memorial on the plot. 3. Removal Required. In the event a memorial, monument or marker is placed in a location where it is necessary to remove it for an interment or disinterment, the Town shall have the right to remove such memorial, monument or marker without notice. Page 7 of 8 I.O.O.F Westlake Cemetery Rules & Regulations 4. Memorial Placement. Memorials shall be set in accordance with the general plan or map for the cemetery. No more than two (2) memorials, markers, or monuments may be placed on a grave, one at the head and the other at the foot, unless otherwise approved by the Town. 5. Change in Placement. The Town may correct any error that may occur in the placing of a foundation or memorial, marker, or monument. There shall be no liability for the actions taken by the Town in correcting such an error. Any costs incurred to relocate an incorrectly placed monument that was not pre-approved will be billed to the Certificate holder. 6. Photographs/Porcelain Material. Photographs and porcelain material may be incorporated into any memorial, monument or marker upon approval of the Town Manager. No protective glass or breakable material of any kind will be allowed on the memorial, marker, or monument. Page 8 of 8 I.O.O.F WESTLAKE, CEMETERY 3101 J.T. Ottinger Road T H E T 0 W N O F Westlake, Texas 76262 W E S T L A K E 817-430-0941 DISTINCTIVE BY DESIGN SALES POLICIES The following are sales policies of the I.O.O.F Westlake Cemetery: (1) Before an interment, entombment, inurmnent can be done all fees and charges must be paid in full. (2) Burial Spaces (Also known as lots, graves, plots, or spaces). One full burial space will accommodate one adult burial, or one adult and one infant, or one adult and one urn of cremated remains, or two urns of cremated remains. (3) Cemetery fee schedule for burial space includes perpetual care, grounds and administrative fees of: a. Adult burial space- $2,100.00 b. Infant burial space- $800.00 c. Interment fee- $300.00 d. Urn interment fee- $400.00 (4) When pre-arranging for graves, niches, memorials, or service fees, the patron may finance the purchase and fees as follows: a. Payment in full at point of purchase. b. Down payment of 20% or more with the remainder of the purchase price paid in twelve (12)consecutive monthly payments. c. Memorials or monuments, pre-need or at-need, may not be placed until all space fees are paid in full. d. $200 of the Interment fee $200 is refundable if marker is place within 12 months. (5) Prepaid service fees are placed in our escrow fund as cash is received. One hundred percent (100%)of the fee is escrowed. The patron will not pay more for the service when it is provided. The price is frozen. If, for whatever reason,the funds are refunded to the patron or the patron's estate,the patron receives only the original amount paid with no interest accrued. (6) For graves or niches, where no burial has occurred,the patron may offer them back to the Town and the Town will pay the patron 75% of the original purchase price. No interest shall accrue. (7) Cancellations: When the patron fails to make regular payments,the Town shall cancel the agreement if payments are more than 120 days delinquent. Any money paid to-date on said purchase is forfeited. Resolution 19-20 Page 1 of 2 (8) The Town will accept payment in the form of a check, money order or credit card with a 3% user fee. (9) All installment sales must be made on a Town Installment Agreement and must be approved by the Director of Parks or his designee. The Director of Parks at the Town shall maintain a contract log for all numbered contracts. (10) For all burials at the Cemetery, a signed Interment Authorization must be on file. (11) Graveside-The funeral procession enters our gates and will be met by an I.O.O.F Westlake Cemetery employee in an I.O.O.F Westlake Cemetery vehicle and will be led to the appropriate graveside location. All graveside arrangements and services will be provided by the funeral home/director.. A brief committal service will be performed immediately followed by the burial. The family and their visitors are permitted to witness the burial if they desire. (12)Memorials—I.O.O.F Westlake Cemetery requires that all pennanent memorials be lawn-level and bronze(except in Sections A,B E,and F Monument Gardens,as designated.)Granite bases are required for all memorials. Permanent vases are optional however,they are required for the placement of any type of artificial floral tribute.Vases may be part of the bronze memorial or a separate unit but must be permanent(bronze) in nature. Memorials are placed at the HEAD of the grave; a second bronze or stone memorial is allowed on any single grave as long as it is an individual marker and contains no vase. Resolution 19-20 Page 2 of 2