RESOLUTION NO. 2004-07

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF WILLCOX, COCHISE, COUNTY, ARIZONA AMENDING THE
POLICY AND REGULATIONS FOR SUNSET CEMETERY
AND ESTABLISHING FEES

 

 

WHEREAS, the City of Willcox is authorized by Section 9-240.11(b) Arizona Revised Statutes, to establish and maintain cemeteries and has by prior resolution numbered 89-13 established certain rules, regulations, and fees for the operation of the cemetery, and

WHEREAS, it is in the City's best interest to revise the rules and regulations, the fees and charges, and to establish guidelines for the operation of the cemetery.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council that the following rules, regulations, guidelines, policies, fees, and charges regarding the Sunset Cemetery are adopted effective May 1, 2004, and all previous regulations, policies and charges inconsistent with this resolution are rescinded.

I. Burial Requirements:

a. Prior to all burials, city workers will verify that the burial is planned for the correct space and either owned by the person being buried or notarized authorization by the owner of the space.

b. Prior to all burials, compliance with Title 36 Arizona Revised Statutes for the transportation and disposition of human remains (AZ TRANSIT PERMIT) shall be required.

c. The City is not responsible for persons other than City staff who may damage curbs, waterlines, plantings or other improvements by excavations for burials. The person or entity causing the damage must pay and City for the repairs and/or replaces any damage.

d. The City reserves the right to approve any excavation or digging by hand or backhoe at the Cemetery by non-City staff, including the process of closing of gravesite by non-City staff. Exception: see V. b.

e. Only one casket may be placed in a gravesite, except in areas where the gravesites are large enough for two caskets.

f. Burial space in lots - no more than six (6) spaces or gravesites is allowed in the lot. Properly spaced eight (8) urns may be allowed in a gravesite.

g. Gravesites may be inspected by cemetery personnel to determine if the gravesite has been encroached upon by the interments in adjoining gravesites. If it is found that a casket has been improperly aliened in an adjoining gravesite; or if it is discovered that there is insufficient area to safely open the gravesite without causing a caving condition; or if there is any other encroachment that may cause the gravesite to be unusable for interment; then and in any of these events other arrangements must be made for the interment of the deceased person.

h. Developed areas will be determined as having defined curbs, water and platted gravesites.

i. Certain areas of the cemetery are currently undeveloped. No burial spaces will be sold in these areas until and unless they are developed and platted as lots.

j. On undeveloped areas already deeded, the City will install curbs at City's convenience. The City will provide other services on pathways such as water, weed control, or grading roads the same as provided on developed areas.

k. An unlimited number of lots or gravesites may be purchased by an individual or family.

l. In the area designated as "Indigent Burials", the City provides gravesites for qualified indigent persons, as stipulated by Cochise County.

m. Babies and small children who do not require a full size gravesite will be buried in the area designed in Sunset Cemetery for smaller gravesites.

n. All persons interred must be buried in caskets. Cremation urns may be buried without a casket or use of outer burial container. Indigent burials may be buried without the use of outer burial container. All burials in the grass area require the use of outer burial container. The outer burial container shall be made using materials approved by Public Services & Works staff.

o. Exceptions to these burial requirements may be granted by the City Manager with recommendations from cemetery personnel.

p. "Certificate of Interment Right to Cemetery Lot." In the event that the right is not exercised within 15 years, it will be deemed abandoned after notice or unsuccessful attempt to notify the purchaser or next of kin of the pending abandonment. If the owner or next of kin or other responsible party, indicate in writing that family intends to use the space in the future, then the right shall continue for an additional 15 years

II. Maintenance.

a. Water: A) Cemetery personnel shall water the grass area on a seasonal schedule of the cemetery as dictated by weather conditions and season. If funerals and weed control problems require extra time, watering will be done as time permits. B) In the desert section individuals, responsible parties, may water their plantings on their own. C) The city is not responsible for replacement of personal plantings or trees that suffer due to lack of water or care. D) Watering of City trees is scheduled by cemetery personnel.

b. Trimming: A) Cemetery personnel will trim trees as required upon request not to exceed twice annually. Shrubs and bushes may be trimmed four times annually maximum upon request. If burials or weed control require additional time, the City reserves the right to delay, reschedule, or delete trimming. B) The City is not responsible for damage to trees or shrubs from trimming or for satisfaction of the person requesting the trimming. C) Individuals or responsible parties may trim trees or shrubs and must remove trimmings from the Cemetery. D) The City reserves the right to remove dead plantings that are deemed a safety hazard.

c. Grading: The cemetery personnel will grade and maintain roads and alleys within the cemetery as required. Grading will be done periodically as needed. Other grading activity must be authorized by the Director of Public Services & Works.

d. Filling Settled Graves: The cemetery personnel will restore settled graves upon request. Restoration will include placing dirt, compaction and leveling area. Any improvements on the lot including gravel, plantings, plastic, or concrete must be removed by the person requesting the work. Upon request or as time allows the City cemetery personnel will assist resetting headstones. (See "f")

e. Repairing Water Lines and Curbs: A) the cemetery personnel shall repair water lines and spouts as needed. B) The City will repair curbs bordering the lots as required. The city is not required to maintain curbs installed by private parties between spaces or gravesites or lots.

f. Repairs after Burials: After burials and closing the descendants or relatives or responsible parties must replace and repair any and all improvements. If no relatives exist, the grave will be closed and improvements will not be replaced by the City.

g. Additional Care: The cemetery personnel will do other care activities when authorized by City management.

h. Damage to gravesite: The City is not responsible for damages or loss of personal items on gravesites due to vandalism.

III. General Rules and Regulations of the Desert Section

a. Written approval from the Department of Public Services & Works Building Inspector is required before any structural improvement is made on the gravesite(s). Any improvements in the nature of extra curbing, railing, fencing, must be approved by the Building Inspector.

b. Only evergreen trees, flowering bushes, and desert-type plants may be planted in any gravesite.

c. Grass or colored stone covering is permissible.

d. No animals shall be buried on any gravesite.

e. All burials must be in the gravesite.

f. There shall be no changes to City installed curbing.

g. No mausoleums shall be permitted in this portion of the cemetery.

h. Monuments are to be made of granite, marble, bronze or stone or other durable material approved by the Building Inspector. All monuments must be suitable for the size of the lots and should blend with others in the cemetery.

i. No monuments shall exceed 42 inches in height from the foundation nor shall the monument be closer than 4 inches to the edge of the plot dimensions on all sides. Any enclosure erected on a grave site shall not exceed 42 inches in height and shall be constructed in a safe and sound manner as determined by Public Services & Works Building Inspector.

k. Curbs shall not be more than 6 inches in width, no less than 5 inches or greater than 8 inches above the ground and footing no less than 5 inches or greater than 8 inches deep. There must be no fewer than two reinforcement rods or bars, one above and one below ground, except in the case of brick or rock curbs. Rock or large boulders may be used inside the curbing. Inspection is required by Building Inspector or a representative appointed from the Department of Public Services & Works. The Building Inspector shall approve the method and type of construction for each lot or gravesite improvement.

m. Uncared for lots or gravesites that become unsightly, unsafe, a nuisance or detrimental to the appearance of the cemetery shall be managed by the Department of Public Services & Works/Code Enforcement Officer. Notice shall be mailed to the last known or recorded address of the owner. If no response is received and no repairs made within an appropriate amount of time (not less than 30 days), the Director of Public Services & Works shall direct cemetery personnel to enter said lot or gravesite and remove the items causing the nuisance or safety hazard.

n. Unauthorized structural improvements are subject to removal.

IV. General Rules and Regulations of the Grass Section (Currently Blocks 7, 8, 9, 10, 11, and 12)

a. Flowers. No live plants are to be planted in Blocks 7, 8, 9, 10, 11, and 12 (or areas designated as grass section). Fresh flowers may be placed at the gravesite. Artificial plants will remain until such time as fading or discoloration occurs. Any and all objects, including flowers that block the path of the mower during the mowing season (March 15 through October 31) shall be removed and not replaced. Only flowers in headstone vase may remain. Every effort should be made to keep memorial objects in the vase or on the headstone.

b. Only flat markers will be permitted in Blocks 7, 8, 9, 10, 11, and 12 (or areas designated as grass section). Grave coverings will take on a pleasing appearance and will require a minimal amount of maintenance. Tamping is required if cement is used to set headstone.

c. Vaults shall be used in Blocks 7, 8, 9, 10, 11, and 12 (or areas designated as grass section). Wood is not acceptable.

V. Rates and Fees

a. Rates for Opening and Closing graves at Sunset Cemetery:
Fiscal Years: 2004-2005-2006

Gravesite:

Regular
Grass
Infant
Mausoleum
Urn

Mon.-Fri.

$250-300-350
$350-400-450
$100
$175-205-235
$100

Sat.

$310-360-410
$430-480-530
$160
$235-265-295
$160

Sun.

$370-420-470
$510-560-610
$220
$295-325-355
$220

Holiday

$430-480-530
$590-640-690
$280
$355-385-415
$280

 

Thereafter, every Fiscal Year the Opening & Closing rates will be adjusted to Consumer Price Index (CPI).

b. Option: the deceased person's families or another responsible party may hire an independent private contractor to open and close the gravesite. The independent private contractor must meet the following City criteria:
     1. Registered contractor with the Arizona Registrar of Contractors.
     2. Proof of one million dollars ($1,000,000) worth of public liability insurance and name the City of Willcox additionally      insured. Waiver of Liability signed by a responsible person and notarized.
     3. All work must be performed under the coordination of the Public Services & Works Building Inspector.

Appropriate fees are due and must be paid upon request for interment.

c. Prices for Graves:

Fiscal Year:   

Gravesite:
Regular
Grass

2004


$300
$450

2005


$350
$550

2006


$400 (all years include curb)
$600

Mausoleum Space sales will be conducted by Westlawn Chapel
Infant Lots

 

$100 - if a larger baby gravesite is required two (2) gravesites may be purchased in infant area which is a full sized gravesite at the Regular Gravesite Price.
Urn $100

 

d. Gravesites and the opening and closing of the grave must be paid for in advance of the use of the service. Payment arrangements are available on reserved gravesites, not on the opening and closing, at $15 per month per gravesite, plus $10 setup fee and 1.5% interest per month on the balance due.

e. Indigent burials: The City shall charge the Cochise County rate set in the Contract for Cemetery Services for Indigent Dead dated August 23, 1989. The Contract for Cemetery Services for Indigent Dead shall be adjusted from time to time through a written agreement with Cochise County.

Infant Adult
Opening and Closing Graves: $100 $200
Prices for Gravesites: $  65 $200

 

Indigent burials plots or gravesites are in an area designated for County Burials. County Burials shall be conducted on Monday through Friday excluding Holidays.

PASSED AND ADOPTED, by the Mayor and Council of the City of Willcox, Cochise County, Arizona, this ______ day of _________________2004.

    

 

____________________________
Marlin S. Easthouse, Mayor

ATTEST:

___________________________
Cristina G. Whelan, City Clerk

 

 

 

APPROVED AS TO FORM:

 _____________________________
 James E. Holland, City Attorney

 

Resolution NO. 2004-07

 

 

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