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HomeMy WebLinkAbout1984-161-10/16/1984-AMENDING RULES AND REGULATIONS FOR THE OPERATION OF MUNICIPAL CEMETERIES RESOLUTION 84-161 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING RULES AND REGULATIONS FOR THE OPERATION OF MUNICIPAL CEMETERIES WHEREAS, in Resolution 78-97, the City Council adopted Rules and Regulations governing the supervision, management and operation of muni - cipal cemeteries ; and WHEREAS, portions of said Rules and Regulations have been amended from time to time since 1978; and WHEREAS, it is in the public interest and advancement of the general welfare that said Rules and Regulations be modified and updated in full at this time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Rules and Regulations for the Operation of Municipal Cemeteries adopted in Resolution 78-97, as amended, are hereby repealed and that the Rules and Regulations for the Operation of Municipal Ceme- teries attached hereto as Exhibit "A" be, and the same hereby are, approved and adopted, to remain in force and effect until such time as they are altered or modified by action of this Council . Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 16th day of October, A.D. 1984. g i- Mayor 67 A.TTEST: City Clerk RULES AND REGULATIONS FOR THE OPERATION OF MUNICIPAL CEMETERIES FORT COLLINS, COLORADO OCTOBER, 1984 CITY COUNCIL Mr. Gerry Horak, Mayor Mr. John Clarke, Assistant Mayor Mr. John B. Knezovich Mr. William E. Elliott Mr. Kelly Ohlson Ms . Barbara Rutstein Mr. Ed Stoner STAFF Mr. John E. Arnold, City Manager Mr. Richard H. Shannon, Deputy City Manager Mr. H. R. Phillips, Director of Parks and Recreation Mr. Jerry P. Brown, Assistant to the Director of Parks and Recreation Mr. Rick Bott, Cemetery Superintendent Mr. Philip Carpenter, Cemetery Supervisor Ms . Kathleen M. Allin, Assistant City Attorney HISTORY OF FORT COLLINS CEMETERIES Prepared by Patricia Frost Grand View Cemetery, the oldest and most historic cemetery in Fort Collins , was established in 1887 . It is not, however, the first and only cemetery in Fort Collins . It was preceded by the "Post Cemetery," which was located on the site of the old Post Office at the corner of Oak and College Avenue, and also by "Mountain Home Cemetery" which was located in the area of the present-day Eastdale Drive. Lt. Col . William 0. Collins ordered establishment of what he called "a permanent post" here on August 20, 1864. After the Fort Collins Military Post was built and occupied, the need arose for a burial site. The burial ground was located on "high ground" about a half mile southwest of the small post . This cemetery was used for the interment of soldiers who died here between 1864-1867. Less than a dozen soldiers appear to have ended their days here between the fall of 1864 and the spring of 1867, the length of the military occupation of Fort Collins . Ansel Watrous, in his History of Larimer County, Colorado, published in 1911, stated that six or ten remains were found , most of which were unidentified . One burial did contain a small bottle with a note written about the deceased. It iden- tified the remains as those of W. W. Westfall of Co. J, of the 13th Mis- souri Volunteer Cavalry, who died November 3, 1865. The "Post Cemetery" was abandoned in 1873. Ground for a new cemetery, lying southeast of the town , was purchased and laid out into burial lots . It was named "Mountain Home Cemetery." Westfall ' s remains, those of the other unknown soldiers , and some burials of early settlers were removed to the new site in early 1873. No record remains of the number of burials in "Mountain Home Cemetery." Eventually, the cemetery became too confined to meet the demand. By the mid-1880's , the town's population had ex- perienced unprecedented growth, much of it to the southeast. A residential neighborhood threatened to surround "Mountain Home Cemetery" . The City decided to choose a new site far enough from town to keep it in a rural setting. On August 15, 1887, the City purchased from Thomas Connolly what is now the present site of Grand View Cemetery for $50 per acre. It was located a mile and a half west of the City with abundant water rights from the Pleasant Valley and Lake Canals. The tract of land, forty acres , was immediately laid out by expert landscape gardeners for cemetery purposes and named Grand View Cemetery. The grounds were attractively laid out with circular drives . There were several small parks and these were sown to blue grass and beautified with shrubbery and flowers . The first interment was made in the new cemetery November 21, 1887. The burial was a three month old baby named Felix Scoville, buried in an unmarked grave in Section K. The work of removing the remains from "Mountain Home Cemetery" began on December 24, 1887. On that date, the Fort Collins Express stated that "Joe 'Woodcock acts as grave digger and sexton." The job of removal must have taken a great deal of time, according to an article in the Express . W. W. 'Westfall was again moved and now lies at rest on the front edge of the Soldiers ' section at Grand View, marked by a simple marble marker. In Grand View Cemetery, a plat of 1/2 acre was set off and dedicated to the uses of George H. Thomas, Post No. 7, Grand Army of the Republic, which post removed to its plat the remains of the soldiers buried in the old cemetery. Since 1887 , many of the members of that post who were all Civil War veterans have been buried in the Soldiers ' section. Veterans of the Spanish-American War, the two World Wars and the Korean War have also been laid to rest in the same area. Standing in the center of this section is a "Soldier' s Monument," a life size figure of a Union Civil War soldier, standing at "parade rest ." It faces east on a six foot high base. The whole monument is 12 feet high. It was erected in May, 1905, by the Women's Relief Corp. of the George H. Thomas, Post #7. The granite memorial cost $1,250 and stands as a token of patriotism of the members of the Women 's Relief Corp. Four towering silver spruce trees, set out by the boys in blue nearly 80 years ago, stood guard at each corner of the monument 's base. One of these trees had to be removed after it was damaged in a wind storm. There used to be two Civil War cannons in front of the monument which were gifts to the City from the G.A.R. Post, one dated 1862, and the other 1864. Only one of the cannons stands today. The other was complete- ly destroyed by vandals in 1972. There is also a Fireman' s Statue which was dedicated on June 13, 1909 to the Volunteer Fire Department . Grand View Cemetery remained outside the City limits for many years. Its location became an issue only once, in 1907, when citizens objected to the City' s proposed purchase of the blocks on the south side of West Mountain Avenue approaching the cemetery as land for the new City Park. They did not feel the street to the cemetery should have a recreation area bordering it, so that row of blocks was cut off from the original park proposal . Owing to the severe influenza epidemic of 1918, the available space for burials in the old cemetery, including 38 acres , was reduced to such an extent as to make necessary the opening of additional lots in the new cemetery addition including about 10 acres just south of the old location, known as the Grand View Cemetery Addition , which was opened in 1915. In 1924, a reinforced concrete bridge was moved to Grand View Cemetery and placed over the canal . Rustic side walls and ornamental flower receptacles were installed on the bridge and remain to this day, giving the cemetery a very pleasing entrance at a cost of only $700. Thousands of trees and shrubs have been planted over the years , making Grand View Cemetery one of the most beautiful cemeteries in this area . There are many "famous" people buried in Grand View Cemetery, including: - Rocky Mountain Jim Nugent (made famous in Isabella Bird ' s book, A Ladies Life in the Rocky Mountains) - Frank Potts (worked for Lady Moon , said to be involved in a train robbery) - James Howe (only person ever lynched in Fort Collins) - Susan Howe Holmes (grave marked by DAR; daughter of Fortunatus Howe, an American patriot who fought in the Revolutionary War) - Auntie Elizabeth Stone (first white woman settler of Fort Collins) - Elizabeth Stratton (Fort Collins ' first schoolteacher) - Mr. and Mrs. Benjamin Whedbee (he was Fort Collins ' first mayor; Whedbee Street) - Mr. and Mrs. Franklin Avery (Avery House) - Mr, and Mrs. Andrew Cowan (Cowan Street) - Mr. and Mrs. William Drake (Drake Street) - Agnes Giddings (first white child born in Fort Collins ) - Mr. and Mrs. Frank Goeder (he engineered Fort Collins ' first paving) - Alfred Howes (Howes Street) - John C. Mathews (Mathews Street) - Mr. and Mrs. Abner Loomis (Loomis Street) - Dr. and Mrs. Charles Lory (C.S.U. president for 31 years) - Joseph Mason (first white male settler of Fort Collins area ; Mason Street) - Mr . and Mrs . Joseph McClelland ( he edited Fort Collins ' first newspaper; McClelland Drive) - Mr. and Mrs. Frederick Sherwood (Sherwood Street) - Mr. and Mrs. William Stover (Stover Street) - Mr. and Mrs. Walter Taft (Taft Hill Drive) - Charles and Edgar Trimble (Trimble Court) - Peter Anderson (Andersonville) - Clifford Carpenter (Fire Chief killed while fighting a fire at State Drygoods in 1965) - Lee Martinez (Martinez Park) - Rolland Moore (Rolland Moore Park) - Guy Palmes (first City Manager) - (A hired killer, Torn Horn, has been rumored to be buried at Grand View Cemetery , however , after he was hanged, he was buried at Boulder, Colorado) - (Lt . Col . William 0. Collins returned to Hillsboro, Ohio, his home. He died and was buried in Hillsboro. ) Today, Grand View Cemetery (the name has for some time now been written, "Grandview") is under the management of the City of Fort Collins ' Parks and Recreation Department and consists of approximately 45 developed acres , 32,000 grave spaces and nearly 19,000 burials. Roselawn Cemetery, located east on Highway 14, was established in 1947 by a private association and taken over by the City in 1959. It consists of 9.17 developed acres , 6.03 undeveloped acres and 6.77 acres which are being used as a sod farm. There have been approximately 1,200 burials at Rose- lawn Cemetery to date. The Cemetery was established as the need for more space became evident and a more garden-type cemetery was desired. The problem of a high water table was completely alleviated by installation of drain tiles. Many improvements have been made over the years to beautify Roselawn, such as planting of many trees and flowers, and erecting a new Roselawn sign at the entrance of the cemetery. _ M6R CEK: '- r 1I .1 1 _ J � •- \III � - �� � �-I_J i, I may- \�7 ( / 1✓ � _'���arfi`neL � - 1 ' tom IS\ \\� ,f / ;• t 9� af�;n\\ on-la —�l '�>�'-/�J�� 1•- r t�^ �. _� \� C9 rerahm� ' '. owe T.. �/�1` .rl_�Ly/Jr-• Ij lj gyro, I r� l ./„- Aver .'_`-� .: ",. % v. l 1 1' �/ „C /�. /�� t XI-�^/CSI♦ I � �/'��1- ' �. � 11 I � aL71Ll ��\ / \/i/ `•.- _.� JJ �--- -,fir` _I � I -IF 11' I I i I-1 '•I - Pa Ines - - - - - - SD III GRAND VIEW CEMETERY i 1 I - I 5 o 1 i Ld Li Li L-1 ROSELAWN CEMETERY I i i i � I ' I I TABLE OF CONTENTS Page No. 1.0 Introduction 1 2.0 Definitions 2 3.0 Ownership and Management 4 3.1 Owned by the City 4 3.2 Control by City Council 4 3.3 Managed by the Cemetery Superintendent 4 3.4 Cemetery Superintendent to Enforce Rules 4 3.5 Admission to Cemeteries 4 3.6 Business Office 4 3.7 City not Responsible for Damage 4 3.8 Liability for Damage 5 3.9 Appeal of Decision of Cemetery Superintendent 5 3.10 City Shall Not Discriminate 5 4.0 Control of Work by City 6 4.1 Work to he Done by City 6 4.2 City Must Direct and May Remove Improvements 6 5.0 Roadways and Replatting 7 5.1 Right to Replat, Regrade and Use Property 7 5.2 No Right Granted in Roadways 7 5.3 Right to Close Roadways 7 6.0 Conduct Within the Cemeteries 8 6.1 Traversing Cemetery Property 8 6.2 Trespassers on Cemetery Lots 8 6.3 Children 8 6�? Removal of Flowers, etc. Forbidden 8 6.5 Refreshments 8 6.6 Lounging on Grounds 8 6.7 Loud Talking and Profanity 8 6.8 Visitors 8 6.9 Rubbish 8 6.10 Automobiles 9 6.11 Trucks and Heavy Hauling 9 6.12 Bicycles and Motorcycles 9 6.13 Peddling or Soliciting 9 6.14 Firearms 9 6.15 Notices or Advertisements 9 6.16 Dogs, Horses and Other Animals 9 6.17 Hours 9 6.18 Improprieties 9 6.19 Employees and Workers 9 7.0 Service Charges 10 7.1 Payment of Service Charges 10 7.2 Charges for Indigents 10 8.0 Purchase of the Right of Interment; Abandonment 11 8.1 Applications for Purchase 11 8.2 Agreement Conveys Only the might of Interment 1.1 8.3 Errors May be Corrected 11 8.4 Single Burial Spaces 11 8.5 Payment 11 8.6 Installment Purchases 11 8.7 Change of Address 12 8.8 Abandoned Burial Spaces 12 1.0 Transfers and Assignments 13 9.1 Consent of City 13 9.2 Indeb-redness 13 9.3 Transfer by Descent 13 9.4 Repurchase by the City 13 10.0 Perpetual Care 14 10.1 Perpetual Care Mandatory 14 10.2 Perpetual Care Fee 14 10.3 Lots Not Now Under Perpetual Care 14 10.4 Care of Lots Not Nosy Under Perpetual Care 14 10.5 Record of Payment of Fee 14 10.5 Investment of Fees 14 10.7 Expenditure Limited to Income 14 10.8 City Council to Direct Expenditures 14 11.0 Interments 16 11 .1 Subject to Laws and Orders - 11. .2 Disposition - Removal Permit Required 16 11.3 Interment Permit Required 16 11.4 Manner and Charges It 11.5 Time and Scheduling 16 11.6 N :! ice of Intermant Required 17 11.7 Bh ial Receptacle Requirements 17 11 .8 Casket Not to be Disturbed 19 11 .9 Emergency Interments 19 11.10 Interments Involving Virulent Contagious Diseases 19 11 .11 Disasters 20 11 .12 Delays in Interments Caused by Protest 20 11 .13 Authorization of One Lot Owner Sufficient 20 11 .14 Location of Burial Space 20 11 .15 City Not Responsible 20 11 .16 Errors May be Corrected 21 11.17 Embalming ; Identity 21 11 .18 Interment of More Than One Body 21 11.19 Double Depth Burials 21 11.20 Equipment 21 11 .21 Interment of Cremains 21 12.0 Disinterments 22 12.1 Subject to Laws and Orders 22 12.2 Permission for Disinterments 22 12.3 Disinterment Prohibited Under Certain Circumstances 22 12.4 Notice of Disinterment Required 22 12.6 Payment of' Fees 22 12.6 Services Provided 22 12.7 City Not Responsible 22 13.0 Decoration of Lots and Burial Spaces 23 13.1 Grandview Cemetery 23 13.2 Roselawn Cemetery 23 14.0 Memorials , Monuments , Etc. 25 14.1 Producers and Retail Dealers 25 14.2 Grandview Cemetery 26 14.3 Roselawn Cemetery 27 14.4 Design, Finish and Workmanship 28 14.5 Materials 29 14.6 Mausoleums , Tombs , Etc. 29 14.7 Foundations and Delivery of Memorials, Etc. 29 14.8 Miscellaneous 30 15.0 Amendments , Exceptions and Modifications 32 15.1 Amendments 32 15.2 Exceptions and Modifications 32 1.0 INTRODUCTION These Rules and Regulations are adopted as the RULES AND REGULATIONS FOR THE OPERATION OF MUNICIPAL CEMETERIES and are for the mutual protection of all burial space owners and the City of Fort Collins , and to insure the Cemeteries a uniform and permanent beauty. All burial space owners, visitors, Cemetery employees , persons working directlyor indirectly for burial space owners and all lots or burial Y spaces sold shall be subject to these Rules and Regulations, and subject further, to such other rules and regulations , amendments or alterations as shall be adopted by the City of Fort Collins from time to time. The reference to these Rules and Regulations in the sales transaction form or any other document shall have the same force and effect as if set forth in full therein . Requests or complaints should be directed to the Cemetery Office which is located at the entrance of Grandview Cemetery at the west end of Mountain Avenue. All requests and complaints will be promptly acted upon. The City of Fort Collins cordially welcomes the public to the Cemeteries and reminds all visitors that damaging Cemetery property is punishable by law. —1— 2.0 DEFINITIONS Burial Receptacle - a container designed to enclose a body for burial purposes . Burial Space - a single space within a platted lot designed for the inter- ment of one human body. Cemetery - a burial park for earth and crypt owned by the City of Fort Collins , Colorado. City - the City of Fort Collins , Colorado, a municipal corporation. City Council - the Council of the City of Fort Collins , Colorado. Cremains - cremated remains of a human body. Crypt - an above-ground structure of suitable stone for entombment of human remains or cremains . Disinterment - the removal of the buried remains of a deceased person, the casket, if any, and the burial receptacle from the ground. Double Depth Burial Space - a single space within a platted lot designed for the interment of two bodies in separate burial receptacles, one above the other. Interment - the permanent disposition of the remains of a deceased person by earth or crypt burial . Lot - a platted lot within a cemetery consisting of one or more burial spaces . Memorial - a monument, marker, tablet or headstone for family or individual use. Monolith - a one-piece memorial of a particular design; usually a tall stone of narrow width and depth. Monument - a memorial , marker, tablet or headstone for family or individual use. Perpetual Care - the general preservation of lots and burial spaces, as well as the grounds, walks, roadways, boundaries and structures, to the end that said areas shall remain and be reasonably cared for as Cemetery grounds forever; including but not limited to cutting and watering the grass upon the same at reasonable intervals, raking and cleaning the same, the general care and pruning of trees and shrubs -2- that may be placed on the same by the City, and filling in sunken burial spaces. Such care is, of course, subject to weather conditions and other factors beyond the control of the City. The term "perpetual care" shall in no way be construed as meaning the maintenance , repair or replacement of any memorial , monument or monolith placed or erected on lots or burial spaces ; nor the planting of flowers or ornamental plants ; nor the maintenance or doing of any special or unusual work; nor the repair or reconstruction of any marble, granite, bronze or concrete work on any section, lot, or any portion or portions thereof damaged by the elements, an act of God, common enemy, thieves, van- dals , strikers, malicious mischief makers, explosions , unavoidable accidents, insurrections, riots , or by order of any military or civil authority, invasions or causes beyond the reasonable control of the City, whether the damage be direct or collateral . -3- i 3.0 OWNERSHIP AND MANAGEMENT 3.1 OWNED BY THE CITY Grandview and Roselawn Cemeteries are owned and managed by the City . 3.2 CONTROL BY CITY COUNCIL The CityCouncil has the right of general control of the Cemeteries in all 9 matters, whether or not they are specifically covered by these Rules and Regulations . 3.3 MANAGED BY THE CEMETERY SUPERINTENDENT The operation of the Cemeteries shall be under the direction of the Parks and Recreation Department and shall be handled by the Cemetery Superinten- dent, who in turn shall be responsible to the City Manager for direct and complete supervision of the Cemeteries in all matters. 3.4 CEMETERY SUPERINTENDENT TO ENFORCE RULES The Cemetery Superintendent is hereby expressly empowered to enforce these Rules and Regulations , and to exclude from the cemeteries any person violating the same. If any Funeral Director or other individual involved in the funeral or cemetery business is found by the Cemetery Superintendent to have violated these Rules and Regulations , such individual may be excluded from the Cemeteries, effective upon mailing of notice of the same. Such individual shall only be readmitted by the Cemetery Superin- tendent upon proof that the violation has been cured or other appropriate assurances are received. The Cemetery Superintendent shall have complete charge of the Cemeteries' grounds and buildings, and, at all times, shall have supervision of all persons within the Cemeteries , including the conduct of funeral processions (upon reaching a cemetery) , traffic, em- ployees, lot owners and visitors. 3.5 ADMISSION TO CEMETERIES Entrance into the Cemeteries other than through the main entrance is strictly forbidden. The City reserves the right to refuse admission to the Cemeteries and to refuse the use of any of the Cemeteries' facilities to any person or persons whom the Cemetery Superintendent may deem objection- able to the best interest of the Cemeteries. 3.6 BUSINESS OFFICE All fees, payments or charges for any Cemetery property or service shall be paid to the City at the Cemetery Office. All applications for purchase, transfer, assignment or repurchase of Cemetery lots, interment and disin- terment orders, foundation and monument permits, perpetual care or special permits of any kind shall be made at the Cemetery Office. 3.7 CITY NOT RESPONSIBLE FOR DAMAGE The City shall take reasonable precautions to protect lot owners and lots from loss or damage, however, the City disclaims any responsibility for loss or damage from causes beyond its reasonable control , including but not -4- limited to damage caused by the elements , an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoid- able accidents, invasions, insurrections , riots, or order of any military or civil authority, whether the damage is direct or collateral . 3.8 LIABILITY FOR DAMAGE Any person damaging, or causing to be damaged, any Cemetery property, whether owned by the City or an individual , will be held liable to repair said damaged property or to replace the property damaged to its former state , without delay, and in a manner satisfactory to the Cemetery Super- intendent. 3.9 I,KA.L OF DECISION OF CEMETERY SUPERINTENDENT Any person affected by a decision of the Cemetery Superintendent has the right to appeal such decision to the City Manager. 3.10 CITY SHALL NOT DISCRIMINATE All decisions made by the City and its employees in connection with the operation of the Cemeteries shall be made without regard to race , creed, color, national origin, sex, marital status, religion , ancestry, mental or physical handicap or age. 5 4.0 CONTROL OF WORK BY CITY 4.1 WORK TO BE DONE BY CITY Except as otherwise provided herein , all grading, landscape work and improvements of any kind, and all care of lots, shall be done, and all trees , shrubs and herbage of any kind shall be planted, trimmed, cut or removed, and all opening or closing of graves and all interments, disin- terments or removals shall be made by the City. 4.2 CITY MUST DIRECT AND MAY REMOVE IMPROVEMENTS All improvements or alterations of property in the Cemetery shall be under the direction of and subject to the consent , satisfaction and approval of the Cemetery Superintendent, and should such changes be made without his written consent , or, in the event that at any time, in his judgment , they become unsightly to the eye, he shall have the right to remove, alter or change such improvements or alterations at the expense of the lot or burial space owner. -6- 5.0 ROADWAYS AND REPLATTING 5.1 RIGHT TO REPLAT, REGRADE AND USE PROPERTY The right to enlarge , reduce , replat and/or change the boundaries or grading of the Cemeteries or of a section or sections, from time to time, including the right to modify and/or change the locations of or remove or regrade roads , drives and/or walks , or any part thereof, is hereby ex- pressly reserved. The right to lay, maintain and operate or alter or change pipelines and/or gutters for sprinkling systems, drainage, lakes, etc. , is also expressly reserved ; as well as is the right to use Cemetery property, not sold to lot or burial space owners, for Cemetery purposes, including the interring and preparing for interment of human bodies, or for anything necessary, incidental or convenient thereto. The City reserves for itself , and to those lawfully entitled thereto , a perpetual right to ingress and egress over lots for the purpose of passage to and from other lots. 5.2 140 RIGHT GRANTED IN ROADWAYS No easement or right of interment is granted to any lot or burial space owner in any road, drive or walk within the Cemeteries , without the ap- proval of the Cemetery Superintendent, but such roads , drives or walks may be used as a means of access to or within the Cemetery . 5.3 RIGHT TO CLOSE ROADWAYS The Cemetery Superintendent shall have the right, at any time, to close any road , drive or walk . -7- 6.0 CONDUCT WITHIN THE CEMETERIES 6.1 TRAVERSING CEMETERY PROPERTY Persons within a Cemetery shall use only the roads , drives or walks as thoroughfares and no person shall walk on the grass unless it is necessary to do so to reach a particular lot, except that a workman may use such space as is necessary to perform maintenance or other services in connec- tion with a lot. Any person using any portion of a Cemetery other than the roads , drives or walks as a thoroughfare is hereby declared to be a tres- passer and the City shall in no way be held liable for any injury sustained by such trespassers . 6.2 TRESPASSERS ON CEMETERY LOTS Only the lot owner or his relatives or other authorized individuals shall be permitted on any Cemetery lot . Any other person thereon shall be considered to be a trespasser, and the City shall owe no duty to said trespasser to keep the property or the memorial thereon in a safe condi - tion . 6.3 CHILDREN Children under fifteen years of age shall not be permitted within the Cemetery grounds or their buildings unless accompanied by an adult. 6.4 REMOVAL OF FLOWERS, ETC. FORBIDDEN All persons are prohibited from gathering flowers , either wild or culti - vated, or breaking trees, shrubs or plants, or feeding or disturbing fish or birds or other animal life within the Cemeteries. 6.5 REFRESHMENTS No person shall be permitted to have refreshments within the Cemetery grounds, except that City employees may eat their lunch on the Cemetery grounds in connection with their regular employment . 6.6 LOUNGING ON GROUNDS No person shall be permitted to sit or lounge on any of the grounds , graves or monuments within the Cemeteries, or in any of the Cemetery buildings except in connection with a visit to a particular burial space or lot. 6.7 LOUD TALKING AND PROFANITY Loud talking shall not be permitted on the Cemetery grounds. The use of profane language is also forbidden. 6.8 VISITORS Visitors are welcome on the Cemetery grounds during the regular hours. 6.9 RUBBISH Throwing rubbish on any part of the grounds or buildings, except into designated receptacles is prohibited. -8- 6.10 AUTOMOBILES Automobiles shall not be driven through the Cemetery at a speed greater than fifteen (15) miles per hour. Automobiles are not allowed to park or come to a complete stop in front of an open grave unless such automobiles are in attendance at a funeral . 6.11 TRUCKS AND HEAVY HAULING Heavy hauling, trucks or commercial vehicles of any kind are not permitted within the Cemetery grounds , unless they have a business purpose for being in the Cemetery, and then only by permission of the Cemetery Superintendent. 6.12 BICYCLES AND MOTORCYCLES No bicycles or motorcycles shall be allowed in the Cemeteries except such as may be in attendance at funerals or on business. 6.13 PEDDLING OR SOLICITING Peddling of flowers or plants, or the soliciting for the sale of any com- modity is prohibited in the Cemeteries. 6.14 FIREARMS No firearms shall be permitted within the Cemeteries, except in connection with a military funeral or similar occasion, by police officers , or by special permit from the Cemetery Superintendent. 6.15 NOTICES OR ADVERTISEMENTS No signs, notices or advertisements of any kind shall be permitted within the Cemetery grounds . 6.16 DOGS, HORSES AND OTHER ANIMALS No dogs , horses or any other animal shall be allowed in the Cemeteries or in any of the Cemetery buildings. The owner or keeper of any animal which trespasses upon the Cemetery grounds shall be liable for any damage done by said animal . The City shall not be liable for any damage done by animals and does not assume responsibility for keeping animals out of the Cemeteries . 6.17 HOURS The Cemetery grounds will be open at the times posted at the Cemetery office. 6.18 IMPROPRIETIES It is of the utmost importance that there should be strict observance of the proprieties of the Cemetery , whether embraced in these Rules and Regulations or not. No improprieties will be allowed, and the Cemetery Superintendent shall have the power to prevent improper assemblages and the like. 6.19 EMPLOYEES AND WORKERS City employees, as well as other workers, monument dealers, florists, etc. , working within the Cemeteries shall conduct themselves with decorum at all times and in strict accordance with these Rules and Regulations. -9- 7.0 SERVICE CHARGES 7.1 PAYMENT OF SERVICE CHARGES The amount or rates of all charges shall be established by City Council . All charges for any service rendered by Cemetery employees must be paid for at or prior to the time such services are rendered. The payment of the Cemetery service charges relating to interment must be made at the time of the issuance of the interment permit. 7.2 CHARGES FOR INDIGENTS City Council shall establish reduced fees and charges which shall apply to the "at-need" interment of any person who dies leaving an estate of in- sufficient size to pay the regular fees and charges and the persons legally responsible for the support of such person are unable to pay such regular fees and charges. In making such a determination of indigence, the City may rely on information received from the Funeral Director as to the financial status of the deceased. To the extent possible, space shall be made available in the Cemeteries for the burial of indigents. -10- 8.0 PURCHASE OF THE RIGHT OF INTERMENT; ABANDONMENT 8.1 APPLICATIONS FOR PURCHASE Applications for the purchase of the right of interment in lots or burial spaces must be made at the Cemetery Office where plats showing the size, location and description of all lots and the schedule of prices will be kept on file. 8.2 AGREEMENT CONVEYS ONLY THE RIGHT OF INTERMENT All Sales Agreements shall grant to the purchaser the right to use such lots for interment of human remains only , subject to these Rules and Regulations . The fee title to all lots and burial spaces shall remain in the City, subject to the right of interment conveyed to the purchaser. 8.3 ERRORS MAY BE CORRECTED The City reserves the right to correct any errors made by it in the des- cription of the location of the lot or burial space to which the right of interment is conveyed, either by cancelling the sale and substituting in lieu thereof other burial space( s ) or lot ( s ) of equal value and in a similar location as far as possible, or, in sole discretion of the City, by refunding the amount of money paid on account of said purchase. 8.4 SINGLE BURIAL SPACES The right to interment in single burial spaces may be purchased only in those sections of the Cemetery designated for That purpose or immediately next to a previously purchased burial space, subject to the approval of the Cemetery Superintendent. 8.5 PAYMENT Any available lot(s) or burial space(s) may be reserved without payment for a specific purchaser for a period not to exceed sixty (60) days. The right of interment in a burial space shall not accrue to the purchaser until the full purchase price of the same and the perpetual care fee has been paid to the Cemetery Office. 8.6 INSTALLMENT PURCHASES The purchase price and the perpetual care fee for the lot(s) or burial space(s) purchased in the Cemeteries may be paid in installments provided that the purchaser shall enter into a written agreement wherein it is agreed that the number of installments shall not exceed twenty four (24) nor extend over a period of more than two (2) years; that no interest shall be added by the City to the purchase price; that at least ten percent (10%) of the installment purchase price shall be paid in cash at the time of the execution of said agreement; and that failure to pay any installment for a period of six (6) months shall terminate said agreement , together with any legal interest of the purchaser therein, and invest all payments previously made thereunder absolutely in the City. Notice of termination for failure of payments shall be given by the City to the purchaser' s last known address . Until payment is completed in full , the purchaser shall have no right of interment and no burials will be allowed in the designated lot(s) or space(s) . 8.7 CHANGE OF ADDRESS It shall be the duty of the lot or burial space owner to notify the City of any change in the owner' s mailing address . Notice sent to such owner at the last address on file in the Cemetery Office shall be considered suffi - cient and proper legal notification . 8.8 ABANDONED BURIAL SPACES 8.8.1 Reversion: The right of interment in any unoccupied burial space shall , upon abandonment , revert to the City. 8.8.2 Presumption: Failure to inter in any burial space after 50 years from the date of purchase shall create a presumption that the same has been abandoned; except that this presumption shall not apply when a letter of intent is filed by the owner or the owner's heirs or assigns stating that the owner intends to keep specified burial spaces vacant . 8.8.3 Notice Required: Abandonment shall not be deemed complete unless the owner or nis or her heirs or assigns shall be notified of the abandonment in writing, mailed to the owner' s last known address, by the Cemetery Superintendent. In the event that the address of the owner or his or her heirs cannot be ascertained , then notice of such abandonment shall be given by publishing the same in a local newspaper once a week for five (5) weeks . 8.8.4 Failure to Reply: If the owner or his or her heirs or assigns fails to inform the City Clerk of an intention to retain the burial space(s) within sixty (60) days after the date the Notice of Abandonment was mailed or after final publication of such notice, then abandonment shall become final and the City may thereafter sell , transfer, and convey the right to interment therein . The funds derived from any sale of an abandoned space shall be deposited in, and become a part of, the Cemetery Fund. -12- 9.0 TRANSFERS AND ASSIGNMENTS 9.1 CONSENT OF CITY No transfer or assignment of the right of interment in any lot or burial space shall be valid without the prior written consent of the City, which written consent shall thereafter be recorded in the books of the City. 9.2 INDEBTEDNESS The City shall have the right to refuse to consent to a transfer or an assignment as long as there is any indebtedness due the City by the owner of record. 9.3 TRANSFER BY DESCENT If no interment has been made in a lot or burial space which has been transferred to an individual owner or owners by the City, or if all the bodies have been lawfully removed therefrom, in the absence of a specific disposition thereof in the owner's last will and testament, the lot shall , upon the death of the owner, descend in regular line of succession as described in the state statutes to the heirs of the owner. 9.4 REPURCHASE BY THE CITY If, for any reason, it becomes necessary for any lot or burial space owner to dispose of his or her interest in any burial space , the owner may make application at the Cemetery Office for the repurchase of such spaces . When two or snore burial spaces located side by side are involved, the repurchase price shall be equal to 80% of the current selling price for such spaces . When a single or partial burial space is involved , the repurchase price shall be equal to 70% of the current selling price for such spaces . If the perpetual care fee has not been paid on such spaces, however, the current perpetual care fee will be deducted from the above- mentioned repurchase price. The repurchase price will be paid by the City to the owner upon execution of a Repurchase Agreement . -13- 10.0 PERPETUAL CARE 10.1 PERPETUAL CARE MANDATORY All lots or burial spaces shall be sold with perpetual care. 10.2 PERPETUAL CARE FEE The perpetual care fee to be collected from the purchasers of lots or burial spaces shall be set by the City Council for the various sections of the Cemeteries after taking into consideration the absence of or number of monuments in any section, the character of the irrigating system, the physical difficulties in the character of the soil and such other factors as tend to determine the necessary cost of the care of said lands . 10.3 LOTS NOT NOW UNDER PERPETUAL CARE Any lot or portion thereof not now under perpetual care may be placed under perpetual care upon application and payment of the required fee. The amount of such fee shall be the amount that is currently being charged on other burial spaces of similar character or in a similar location. No burial shall be allowed in a burial space on which the perpetual care fee has not been paid. 10.4 CAKE OF LOTS NOT NOW UNDER PERPETUAL CARE General care will be given lots which were originally sold without per- petual care, in order that the general beauty of the Cemeteries may be maintained . However, the City assumes no responsibility to maintain these lots in perpetuity. Whenever any lot needs attention, lots having per- petual care shall in every case have preference. 10.5 RECORD OF PAYMENT OF FEE The record books of the City, and the receipt issued by the City shall show the amount of the perpetual care fee that has been required of the pur- chaser in each case. 10.6 INVESTMENT OF FEES The money received for perpetual care shall be held in trust in the Per- petual Care Fund and invested as provided by law. The City reserves the right, however, either to handle all investment itself, or to deposit said funds with any person, company or corporation qualified to act as trustee or depository for such funds. 10.7 EXPENDITURE LIMITED TO INCOME Perpetual care , whether applied to lots , burial spaces or any other space within the Cemeteries, shall be limited absolutely to the income received from the investment of the perpetual care fund, with no part of the princi- pal being expended. 10.8 CITY COUNCIL TO DIRECT EXPENDITURES The income from the Perpetual Care Fund shall be expended by the City in such a manner as will , in the judgment of the City Council , be most -14- advantageous to the lot and burial space owners as a whole. The City Council has the full power and authority to determine upon what property, for what purpose and in what manner the income from said Perpetual Care Fund shall be expended for the care, reconstruction, repair and maintenance of all or any portion of the Cemeteries ' grounds , and, it may also expend said income for attorney's fees and other costs necessary to the preserva- tion of the legal rights of the City in connection with the Cemeteries. -15- 11.0 INTERMENTS 11 .1 SUBJECT TO LAWS AND ORDERS In addition to these Rules and Regulations, all interments shall be subject to the orders and laws of Larimer County and the State of Colorado. 11.2 DISPOSITION - REMOVAL PERMIT REQUIRED A Disposition-Removal Permit issued by the Colorado Department of Health is required prior to any interment. Such permit must be provided by the Funeral Director to the Cemetery Office. 11 .3 IiNTERMENT PERMIT REQUIRED The City reserves the right to refuse interment in any burial space and to refuse to open any burial space for any purpose, except upon written application by the owner or his representative for an interment permit made on forms provided by the City and duly filed in the Cemetery Office. Interment permits shall be granted by the Cemetery Superintendent or his representative. 11.4 MANNER AND CHARGES All interments must be made in the manner set by the Cemetery Superinten- dent and only after payment of the applicable charges . 11 .5 TIME AND SCHEDULING All interments must be scheduled through the Cemetery Office. No interment or funeral services will be allowed on Saturday afternoons or Sundays or on any of the following holidays : New Year' s Day - Washington's Birthday - Memorial Day - Independence Day - Colorado Day - Labor Day - Veteran 's Day - Thanksgiving Day - Christmas Day or upon the days that these holidays are legally observed. No interments will be allowed on Saturday mornings except on the Saturday mornings which follow a Friday holiday or precede a Monday holiday. The Cemetery Superintendent shall appoint the time for the arrival of funeral processions at the Cemeteries. At least one half hour shall be allowed between the times of arrival of funeral processions to be held on the same day unless waived by the Cemetery Superintendent, in his discre- tion . When two funeral processions arrive at a Cemetery at the same time, the funeral procesion arriving first shall have precedence in entering the Cemetery and the other funeral procession shall proceed in accordance with the instructions of the Cemetery Superintendent or his representative. No funeral procession will be permitted in the Cemetery after 4:30 P.M. except by special permission of the Cemetery Superintendent. The Cemetery staff shall endeavor to have a representative available at the time of the arrival of a funeral procession to lead the funeral procession to the burial space or lot. In the event that no staff person is available to do so, the Funeral Director or other person in control of the funeral procession shall be responsible for leading the funeral procession to the appropriate burial space or lot. -16- 11.6 NOTICE OF INTERMENT REQUIRED Any reservation for an interment submitted after 3:00 P.M. Friday afternoon must be for no sooner than the following Monday morning. Any reservation submitted after 4: 30 P.M. Friday afternoon must be for no sooner than the following Monday afternoon. During the week, at least eight (8) working hours notice must be given . Any exceptions must be approved by the Ceme- tery Superintendent. 11.7 BURIAL RECEPTACLE REQUIREMENTS 11.7.1 Acceptable Burial Receptacles - Every earth interment must be made in a burial receptacle made of appropriate materials, including but not limited to concrete, fiberglass , polyesterine plastic, steel or copper. Only approved receptacles shall be used. A list of previously approved receptacles and requirements for approval of other receptacles shall be kept on file at the Cemetery Office. No wooden boxes may be used except in the case of oversize burials for which a large enough receptacle is not attainable or for infant burials. No burial receptacle of three (3) pieces or more shall be allowed. The Cemetery Superintendent shall have the right to refuse any receptacle that is damaged or in any other way inadequate. 11.7.1.1 Concrete - Concrete burial receptacles shall be made from proportions of cement, aggregates and water (conforming to the specifications stated below) combined in such a manner as to satisfy the strength requirements stated in paragraph 11.6.5, below. Cement shall be Portland Cement conforming to the specifications for Portland Cement ASTM C-15O. Aggregates shall consist of sand, sand-gravel , gravel , crushed stone or limestone. The particles shall be clean, hard, tough , durable, and of uniform quality; free from soft, thin elongated pieces , disinte- grated stone, dirt or organic or other injurious materials occurring either free or as a coating. Water used in mixing concrete shall be clean and free from deleterious amounts of acids, alkaline, or organic materials. Any metal reinforcing bars shall be at least 3/8" in diameter. Wire fabric shall be placed in the entire field of the bottom section . Metal rein- forcing shall be accurately placed and secured in position to insure against displacement during placement of the concrete. The reinforcing shall be free from rust, scale, oil , ice or other coating that will destroy or reduce the bond. Metal reinforcing shall be protected by a minimum of 1/2" of concrete. Concrete proportions, consistency, and air content shall be such as to provide a mixture which will readily work around the rein- forcing and into all corners of the forms . The total air content shall not be less than 4% but not more than 7%. All concrete shall be properly cured before delivery. Concrete shall be cured for a minimum of 28 days except that concrete using Type III (High-early) cement shall be cured for a minimum of seven days . Concrete receptacles showing cracks , exposed aggregate, exposed reinforcing, broken corners , or faces that are warped or not true in depth or line may not be accepted. 11.7.1.2 Polyesterine Plastic or Fiberglass - Polyesterine plastic or fiberglass burial receptacles shall be made of commercial grade resin. The plastic or resin must be a type recommended by the manufacturer for such use based upon the strength, impact, corrosion and life require- ments . The manufacturer shall substantiate its recommendation from test data developed by the manufacturer, by the manufacturer's experience in -17- related environments and service requirements , or by 5 years experience in the manufacturing of fiberglass or plastic burial receptacles with success- ful case histories of their use. Plastic or fiberglass resins shall not contain any fillers or extenders , except as required for viscosity control . Pigments , dyes and colorants shall not be used in any build-up. Rein- forcing for fiberglass shall be a commercial grade of fiberglass having a coupling agent which will provide a suitable bond between the fiberglass reinforcement and the resin. Resin and reinforcing should be measured to ascertain proper rate and volume of material applied. The finished surface shall oe clean, smooth and uninterrupted with no cracks, crazes, resin spills/runs , dry spots , foreign matter or concentration of air bubbles. No air bubbles or pits larger than 1/16" in diameter or 1/32" in depth are allowed. All sanded areas shall be resin coated and no exposed fiber reinforcement shall be allowed . Upon approval of the Cemetery Superintendent, polyesterine plastic and fiberglass receptacles may be used in double depth burials as well as single depth burials provided that if such receptacles are used in double depth burials, no concrete, steel or copper burial receptacles shall be placed in the upper burial space . 11.7.1.3 Steel - Steel burial receptacles shall be manufac- tured from steel sheeting. A minimum sheet thickness of 12 gauge shall be used in the manufacturing of steel burial receptacles. Galvanized coating, Painting or other corrosion protection may be used, as well as increased metal thickness, to provide the durability required. Bent, cracked or damaged steel burial receptacles may not be accepted. 11.7.1.4 Copper - Copper burial receptacles shall be manu- factured from solid copper sheeting. A minimum sheet thickness of 10 gauge shall be used in the manufacturing of copper burial receptacles . Bent , cracked or damaged copper burial receptacles may not be accepted. 11.7.2 Design - Burial receptacles shall be designed to obtain their strength from their shape and construction, taking into consideration the material used. They shall be designed specifically for use as containers to be placed in a burial space. Receptacles shall be of adequate size to completely enclose the casket, if a casket is to be used. Bases for the receptacles are optional , provided that sufficient soil bearing and struc- tural integrity is present without a base . Structural soundness and strength shall be obtained through the receptacle itself without any dependence upon the casket, if a casket is to be used. 11.7.3 Durability - Burial receptacles shall be constructed so as to be capable of providing adequate strength and durability for a minimum of 100 years. Manufacturers shall provide certificates of compliance and/or test results of tests conducted according to standard or acceptable testing methods showing compliance with these specifications if requested by the Cemetery Superintendent. 11.7.4 Identification - Burial receptacles shall be labeled as to model , manufacturer, trademark, etc. The identification must be etched into the receptacle surface, attached by an adhesive label , or affixed to the receptacle by some other means to clearly identify the product. In addition to identification of the manufacturer, concrete receptacles shall have the date of production etched into the receptacle surface. 11 .7.5 Strength - Burial receptacles shall be designed for a maximum burial depth of eight feet from the bottom of the unit, and, after -18- burial with a minimum soil cover of 24" , shall be capable of structurally withstanding passage of a backhoe or truck weighing 20,000 pounds maximum gross weight or approximately 5000 pounds per wheel . Burial receptacles ' structural capabilities and conformance with these specifications shall be tested by a strength test, as described below. The Cemetery Superintendent may waive such testing requirements if, in his discretion, sufficient case histories or other test results are provided which indicate the successful performance of the particular burial receptacle. The Cemetery Superinten- dent shall have the right to require periodic retesting of any or all approved burial receptacles when deemed necessary due to failures of the burial receptacle discovered since approval . 11.7.6 Strength Test - When requested by the Cemetery Superinten- dent, a strength test shall be conducted at the supplier' s or manufac- turer' s expense under the direction of the Cemetery Superintendent or his representative . All costs associated with delivery and removal of a receptacle to and from the test site, as well as any damage to the recep- tacle as a result of the test , shall be borne by the supplier or manufac- turer. The strength test shall be conducted at Grandview Cemetery and shall be witnessed by City representatives and the supplier or manufacturer of the burial receptacle being tested. The strength test shall consist of the burial receptacle being placed in a simulated burial situation such as is common at Grandview Cemetery. Receptacles constructed with bases shall be tested fully assembled with the top unit installed on the base. The receptacle shall be buried and backfilled in the usual method used at the Cemeteries. Backfill material not to exceed two feet in depth (measured at the shallowest point ) shall be placed on top of the receptacle being tested. After backfilling is completed, the burial receptacle must withstand passage of a backhoe or truck weighing 20,000 pounds maximum gross weight or approximately 5,000 pounds per wheel . The burial receptacle shall then be recovered and inspected for cracking, buckling, fractures, or other failures. If any substantial failure is found, the Cemetery Superintendent shall disallow the use of the burial receptacle in the Cemeteries. Any cracking, breaking or excessive settlement of the ground may also result in disallowance of the burial receptacle' s use in the Cemeteries. 11.8 CASKET NOT TO BE DISTURBED Once a casket or other burial receptacle containing a body is in the confines of a Cemetery, no funeral director or his embalmer, assistant , employee, agent, Cemetery official or employee, or any other person shall be permitted to open a casket or to touch the body without the consent of the legal representatives of the deceased or a court order. 11.9 EMERGENCY INTERMENTS Arrangements for emergency interments must be made through the Cemetery Superintendent, upon proof of emergency. 11.10 INTERMENTS INVOLVING VIRULENT CONTAGIOUS DISEASES Advance notice must be given to the Cemetery Office of the intention to inter the remains of any person who died of a virulent contagious disease -19- so that a proper time may be appointed for the interment and proper ar- rangements made for the protection of the public and the Cemetery crew. 11 .11 DISASTERS In the event of a disaster which results in numerous interments in the Cemeteries , the Cemetery crew will work whatever hours are deemed necessary by the Cemetery Superintendent . The Cemetery Superintendent has the authority to void any and all regulations necessary in order to handle the numerous interments as orderly and as quickly as possible. 11.12 DELAYS IN INTERMENTS CAUSED BY PROTESTS The City shall in no way be held liable for any delay in the interment of a body where a protest to the interment has been made, or where these Rules and Regulations have not been complied with; and, further, the City re- serves the right under such circumstances to place the body in a receiving vault until the full rights have been determined. The City shall be under no obligation to recognize any protests of interments unless they are made in writing and filed with the Cemetery Office. 11 .13 AUTHORIZATION OF ONE LOT OWNER SUFFICIENT The City reserves the right to allow interment of the remains of any member of the immediate family of any one of several common lot owners upon the written authorization of any such common lot owner. No person other than a member of an immediate family may be interred in any burial space without the written consent of all common lot owners. 11.14 LOCATION OF BURIAL SPACE The application for an interment permit must specify the exact location on the lot of the burial space desired to be opened. All burial spaces must be at least six inches from the boundary of the lot and must be at least five and one-half feet in depth for adult burials and of a proportionate depth for children. When instructions regarding the location of a burial space on a lot cannot be obtained or are indefinite, or when, for any reason, the burial space cannot be opened where specified, the Cemetery Superintendent may, in his discretion , open it in such location on the lot as he deems best and proper; and the City shall not be liable for damages for any such change. If, for any reason, instructions concerning the location of the burial space to be opened are changed by the Funeral Director, burial space or lot owner or their representatives after the digging has begun, been completed, or the burial has been made, the person requesting the change shall be responsible for the payment of applicable additional fees to the City. Such fees shall be paid before any work is done pursuant to the revised instructions . 11.15 CITY NOT RESPONSIBLE The City shall not be held responsible for any order given by telephone, or for any mistake occurring for want of precise and proper instructions as to the particular space, size or location in a lot where an interment is desired. -20- 11.16 ERRORS MAY BE CORRECTED In the event that an error is made in the description of the location of the burial space to which the right of interment is purchased and remains are subsequently interred in such space, the City reserves the right to remove and transfer such remains to such other property of equal value and in a similar location as may be available, at the expense of the City. 11.17 EMBALMING; IDENTITY The City shall not be responsible for the identity of any person sought to be interred; nor shall the City be responsible in any way for the prepara- tion of the body. 11.13 INTERMENT OF MORE THAN ONE BODY No more than one body may be interred in a single burial space except in the case of members of the same family who will be interred in the same burial receptacle or by written consent of the Cemetery Superintendent. The foregoing shall not apply in the case of cremains . 11 .19 DOUBLE DEPTH BURIALS Double depth burials shall only be permitted in areas designated by the City or in lots approved for such use when requested at the time of pur- chase, subject to the approval of the Cemetery Superintendent. If such request is denied, the Cemetery Superintendent shall provide a written response stating the reason therefore. If a double depth burial request is approved, the first deceased must go in the bottom space in all cases. The requesting party automatically waives any right of disinterment of the remains interred in the lower space. 11 .20 EQUIPMENT Tents , artificial grass , lowering devices and other equipment owned by the City shall be used in making interments except that equipment owned by private parties may be used in lieu of equipment owned by the City on the condition that the charges made shall be the same as if the City's equip- ment had been used . Arrangements for the use of City equipment shall be made in advance at the Cemetery Office at which time applicable charges shall be paid. 11.21 INTERMENT OF CREMAINS In order to inter cremains in the Cemeteries, either in the ground or in a monument foundation, an interment permit must be obtained from the Cemetery Office and the applicable fee paid to the Cemetery Office. The person(s) requesting interment of cremains may chose any adequate container for the cremains approved by Cemetery Superintendent. For an additional fee, the container may be buried in concrete by the Cemetery crew. The City shall not be liable for the protection of the cremains , whether buried in con- crete or not. In the event that the cremains must be relocated for any reason, the City shall not be responsible for any damage to the cremains or the container. -21- 12.0 DISINTERMENTS 12.1 SUBJECT TO LAWS AND ORDERS In addition to these Rules and Regulations, all disinterments shall be subject to the orders and laws of Larimer County and the State of Colorado. 12.2 PERMISSION FOR DISINTERMENTS No disinterment of a body will be made without either a court order of a court of competent jurisdiction or a signed affidavit from the surviving spouse or next of kin, on a form provided by the City, stating that the disinterment is being requested for a vaild reason, that the application is being made by a proper person , that there is no opposition to the disinterment by the surviving spouse, next of kin, or by the expressed wishes of the decedent , and that the affiant agrees to idemnify the City and hold it harmless from any liability that might result from the disin- terment and release it from any claims the affiant may have, then or in the future, by reason of the disinterment . The Cemetery Superintendent shall have the right to require a court order for disinterment at any time prior to the disinterment when circumstances exist or arise which indicate that there is a question as to the reason for the disinterment or as to whether there is opposition to the disinterment. 12.3 DISINTERMENT PROHIdITEO UNDER CERTAIN CIRCUMSTANCES Disinterment of a body so that the lot or burial space may be sold for profit to the heirs of the deceased or to any other persons or removal contrary to the expressed or implied wish of the original lot or burial space owner is repugnant to the ordinary sense of decency and is abso- lutely forbidden. 12.4 NOTICE OF DISINTERMENT REQUIRED The City reserves the right to require at least ten days notice prior to any disinterment. No disinterment will be made on any Saturday, Sunday or legal holiday or on the day upon which any holiday is legally observed. All disinterments shall be done at the convenience of the Cemetery Super- intendent. 12.5 PAYMENT OF FEES All fees assessed by the City for disinterments shall be paid to the Cemetery Office prior to the disinterment. 12.6 SERVICES PROVIDED The services provided in connection with disinterments include removing the remains of the deceased, the casket, if any, and the burial receptacle, placing the same on top of the ground, and backfilling the empty burial space. 12.7 CITY NOT RESPONSIBLE The City shall exercise the utmost care in carrying out a disinterment but it assumes no liability for damage to any casket, burial receptacle or any other property during the disinterment process . -22- 13.0 DECORATION OF LOTS AND BURIAL SPACES 13.1 GRANDVIEW CEMETERY 13.1 .1 Live flowers may be planted and cultivated on any burial space at any time except in Sections 11 and T; however, all plantings shall be located within ten (10) inches of the front and sides of the monument or in an approved vase. 13.1 .2 Under no circumstances may glass vases be placed on the grounds . 13.1 .3 In the areas where there is a main memorial and a secondary flush memorial , there is to be no planting and no vases in front of the secondary flush memorial . 13.1 .4 Artificial or fresh cut flowers may be placed in a metal vase at any time; however, they will be discarded when dead , faded, broken or of a similar nature. Such a vase must he set in concrete .with a minimum three (3) inch border and within six (6) inches of the monument or be an actual part of the monument. The Cemetery crew shall install all vases. 13.1.5 Sprays and wreaths made from fresh cut flowers are allowed, but they will be removed within two weeks or sooner, if they become unsightly or detrimental in the Cemetery Superintendent' s opinion . 13.1 .6 Christmas blankets and wreaths are allowed from December 1st through March 1st . 13 . 1 . 7 Artificial sprays and wreaths are allowed from May 1st through June 15th and from December 1st through March 1st. The Cemetery Superintendent shall order the removal of all artificial sprays and wreaths when they become unsightly or are blown off the burial spaces. 13.1 .8 Bushes or trees of any kind except rose or peony are not allowed. Only one rose bush or one peony will be allowed per burial space. Such bushes must be planted within ten ( 10) inches of the front and sides of the monument. 13.1 .9 The placing of boxes, shells, stones, boulders, toys, metal designs, ornaments , chairs , settees, unattached vases, glass, urns , fences, wood or metal cases , temporary grave markers and similar articles upon lots or burial spaces shall not be permitted. 13.1.10 The City shall not be held liable for lost, misplaced or broken flower vases or for damage caused by the elements , thieves , vandals , or by causes beyond its control . The City reserves the right to regulate the method of decorating lots and the right to remove any decoration so that a uniform beauty may be maintained. 13.2 ROSELAWN CEMETERY 13.2.1 No planting of live flowers or plants on burial spaces shall be permitted except in an approved vase. 13.2.2 Under no circumstances may glass vases be placed on the grounds. 13.2.3 No bushes or trees of any kind are allowed. 13.2.4 In the areas where there is a main memorial and a secondary flush memorial , there are to be no vases in front of the secondary flush memorial . —23— 13.2.5 Artificial or fresh cut flowers may be placed in a metal vase at any time; however, they will be discarded when dead, faded, broken, or of a similar nature. Such a vase must be set in concrete with a minimum three (3) inch border and within six (6) inches of the monument or be an actual part of the monument. The Cemetery crew shall install all vases. 13.2.6 Sprays and wreaths made from fresh cut flowers are allowed, but they will be removed within two weeks or sooner, if they become un- sightly or detrimental in the Cemetery Superintendent 's opinion . 13.2.7 Christmas blankets and wreaths are allowed from December 1st through March 1st. 13.2 .8 Artificial sprays and wreaths are allowed from May 1st through June 15th and from December 1st through March 1st. The Cemetery Superintendent shall order the removal of all artificial sprays and wreaths when they become unsightly or are blown off the burial spaces. 13.2.9 The placing of boxes , shells, stones, boulders, toys , metal designs, ornaments , chairs, settees , unattached vases, glass, urns , fences, wood or metal cases , temporary grave markers and similar articles upon lots or burial spaces shall not be permitted. 13.2.10 The City shall not be held liable for lost , misplaced, or broken flower vases or for damage caused by elements , thieves , vandals, or by causes beyond its control . The City reserves the right to regulate the method of decorating lots and the right to remove any decoration so that a uniform beauty may be maintained. -24- M 14.0 MEMORIALS, MONUMENTS, ETC. The City does not wish to unnecessarily interfere with a family's choice of memorialization. However, in justice to other lot owners and to preserve the beauty and harmony of the Cemeteries, the City reserves the right to remove any structure or object that it deems injurious to the general appearance of the grounds. The City further reserves the right to approve or reject any proposed memorial , monument, etc. The following rules and regulations are offered to avoid any misunderstanding. 14.1 PRODUCERS AND RETAIL DEALERS 14.1 .1 All memorials , monuments, etc. placed in the Cemeteries must be from approved producers and retail dealers. 14.1 .2 In order to procure approval of the City, producers of monu- mental materials, including quarriers, quarriers who also manufacture memorials , and manufacturers of memorials who are not quarriers, must agree to sell only first grade natural stone for memorial purposes , guarantee that such stone is free from sap or anything that will cause rust or other stains and that it will not check or crack, and agree that should such faults develop within five (5) years from the date of setting, the memorial will be replaced without cost or delay to the City or the lot owner . 14.1 .3 In order to procure approval of the City, retail dealers must agree to use only first grade natural stone from producers approved as provided above, and guarantee the memorial to be executed in first grade workmanship, with the agreement that should faults develop within five (5) years from the date of setting due to the setting, treatment or handling of the same by the memorial dealer, such memorial will be replaced without cost or delay to the City or the lot owner. 14.1.4 Letter cutters, persons or firms who engage in the business of cleaning monuments and who are not connected with approved retail dealers and all other persons or firms connected with the memorial business must secure a permit from the Cemetery Superintendent before any work in the Cemeteries is commenced. In order to procure such a permit, it will be necessary for the person or firm to submit satisfactory evidence of their ability to properly perform the work for which they have been engaged. 14.1.5 Before approved retail dealers shall be permitted to erect any stones, lay any foundations or do any work in the Cemeteries, said retail dealers shall file with the Finance Director a good and sufficient bond in the penal sum of $3,000.00 with sureties thereon to be approved by the Finance Director, which bond shall be conditioned upon the principal conforming and complying with all the ordinances of the City of Fort Collins and these Rules and Regulations, and that the principal will fully perform his guarantee covering the sale and erection of said memorials , etc. In addition, approved retail dealers shall provide to the Cemetery Office evidence that their employees are covered by workman's compensation insurance and that the approved retail dealer carries adequate liability insurance in which the City is a named insured. 14.1.6 Workmen employed in erecting or placing monuments or other structures or bringing materials into the Cemeteries shall , as to the City, operate as independent contractors but shall be subject to the general supervision of the Cemetery Superintendent. -25- 14.1 .7 Persons engaged in erecting monuments or other structures are prohibited from attaching ropes or other devices to monuments, trees or shrubs , scattering material or tools over adjoining lots , blocking roadways or walks , or leaving material or tools on the grounds longer than is absolutely necessary. Such persons must do as little injury to the ground, trees and shrubs as possible, remove all debris and restore the ground to its original condition. 14.1.8 Damage done to lots, walks , trees , shrubs , drives or other property by the monument dealers or contractors or their agents shall be repaired by the City, and the cost of such repair shall be charged to the dealer, contractor or his principal , at the City's option. 14.1 .9 No material , machinery or other item used in the construction of vaults , monuments or other structures, or the monuments or structures themselves, shall be brought into the Cemeteries until required for imme- diate use; nor under any circumstances when a funeral is in process ; nor between Saturday noon and Monday morning and no work shall be done during said times ; nor shall such material be placed on lots adjoining the one on which such structure is to be erected, without permission of the Cemetery Superintendent. 14.1.10 Work shall proceed promptly until the erection of the mem- orial is completed. 14.1.11 While a funeral or an interment service is being conducted nearby, all work of any kind shall cease. 14.1.12 Approaching the bereaved and soliciting memorial business within the Cemeteries is prohibited . 14.1.13 Any approved retail dealer or producer who violates these Rules and Regulations will be removed from the list of approved retail dealers and producers. 14.1 .14 If any work is done in the Cemetery by any person or company who is not on the list of approved retail dealers and producers, the result of the work may be eliminated or removed by the Cemetery crew at the expense of such person or such person may be given the opportunity to request such approval , at the Cemetery Superintendent 's option. 14.2 GRANDVIEW CEMETERY 14.2.1 No memorial or monument shall be allowed on any burial space until the space has been fully paid for. 14.2.2 Only one central or family memorial shall be allowed on a family lot. 14.2.3 If more than one memorial is to be placed on a burial space, the second memorial must be made of granite, set flush with the ground directly in front of the main memorial , and must not exceed 2' x 1' x 4" in size. 14.2.4 No lot owner shall erect or place or cause to be erected or placed, on any lot in the Cemetery, any memorial of which the Cemetery Superintendent disapproves. 14.2.5 The area of the face of any memorial shall not exceed thirty percent (30%) of the area of the lot . The length of the base of the memorial shall not exceed seventy five percent (75%) of the width of the lot . The width of the base of the memorial shall not exceed twenty percent (20%) of the length of the lot. Any die or monolith shall have a thickness of at least eight (8) inches . -26- • .t 14.2.6 In flat memorial sections, memorials shall be of one piece of approved stone or bronze and shall not exceed two (2) feet in length or one (1) foot in width. Double memorials may be used and shall not exceed one (1) foot in width and four (4) feet in length. 14.2.7 In Section T (cremains only) , memorials shall be only flat granite set flush with the ground and shall not exceed two ( 2 ) feet in length for a single memorial or three (3) feet in length for a double memorial . 14.2.8 The bottom surface of all monuments or memorials shall be cut level and true. 14.2.9 While the City will endeavor to exercise due care to protect raised lettering, carving or ornaments on any memorial or other structure on any lot in the Cemetery, it disclaims any responsibility for damage thereto. 14.2.10 No coping, curbing, hedging, grave mounds , borders, en- closures of any kind or walks of any kind shall be allowed on any lot in the Cemetery. The City reserves the right to remove the same without recourse, if so planted, erected or placed. 14.2.11 The use of tiles, bricks , gravel , crushed rock, oyster shells, cinders or other material on any lot in the Cemetery is prohibited. If used, such materials may be removed by the City without notice to the lot owner. 14.2.12 Temporary memorials or ornaments shall not be allowed. 14.2 .13 Marble memorials or monuments shall not be allowed . 14.2.14 All memorials and monuments in Section 11 shall be flat bronze or flat granite type. 14.2.15 In all sections other than Sections 11 or T, flat memorials must be set at least four (4) inches above the ground. The memorials must be granite and shall not exceed two (2) feet in length or one (1) foot in width. Double grave memorials may be used and shall not exceed one (1) foot in width and four (4) feet in length. 14.3 ROSELAWN CEMETERY 14.3.1 No memorial or monument shall be allowed on any burial space until the space has been fully paid for. 14.3.2 If more than one memorial is to be placed on a burial space, the second memorial must be made of granite, set flush with the ground directly in front of the main memorial , and must not exceed 2' x 1' x 4" in size. 14.3.3 No lot owner shall erect or place or cause to be erected or placed, on any lot in the Cemetery, any memorial of which the Cemetery Superintendent disapproves. 14.3.4 In flat memorial sections (Apostles, Devotion, Christus , and Good Shepherd) , memorials shall not exceed two (2) feet in length or one (1) foot in width. Double memorials may be used and shall not exceed one (1) foot in width and four (4) feet in length. In any other areas where flat memorials are allowed, they shall conform to the same requirements. -27- 14.3.5 In Section 1, the northern portion is to be used for crypts and the southern portion is to be a veterans ' section using four (4) inch above ground granite government memorials only. A good-sized area will be used for the flag pole and cannon. 14.3.6 In Section 2 and 3, the area of the face of any memorial shall not exceed twenty percent (20%) of the area of the lot. The length of the base of the memorial shall not exceed seventy five percent (75%) of the width of the lot. The width of the base of the memorial shall not exceed twenty percent (20%) of the length of the lot. Any die or monolith shall have a thickness of at least eight (8) inches . 14.3.7 In Section 4, 5, 7 and 8, above ground granite memorials no higher than twenty-two (22) inches will be allowed. The length of the base of the memorial shall not exceed seventy five percent (75%) of the width of the lot. The width of the memorial shall not exceed twenty percent (20%) of the length of the lot. Any stone memorial shall have a thickness of at least eight (8) inches . 14.3.8 In Section 6, memorials and monuments shall be flat bronze or flat granite type or above ground granite type, not exceeding twenty-two (22) inches in height. 14.3.9 The bottom surface of all monuments or markers shall be cut level and true. 14.3.10 While the City will endeavor to exercise due care to protect raised lettering, carving or ornaments on any memorial or other structure on any lot in the Cemetery, it disclaims any responsibility for damage thereto. 14.3.11 No coping, curbing, hedging, grave mounds, borders, enclo- sures of any kind or walks of any kind shall be allowed on any lot in the Cemetery. The City reserves the right to remove the same without recourse, if so planted, erected or placed. 14.3.12 The use of tiles, bricks, gravel , crushed rock, oyster shells, cinders or other material on any lot in the Cemetery is prohibited. If used, such materials may be removed by the City without notice to the lot owner. 14.3.13 Temporary memorials or ornaments shall not be allowed. 14.3.14 Marble memorials or monuments shall not be allowed. 14.4 DESIGN, FINISH AND WORKMANSHIP 14.4.1 Memorial dealers shall be required to furnish, for the ap- proval of the Cemetery Superintendent , a blue print or sketch of the proposed memorial or monument, specifying size, location on lot, inscrip- tion, kind and quality of stone and the name of the producer supplying the stone. 14.4.2 The Cemetery Superintendent shall have the power to reject any plan or design for any memorial , which, in his opinion, on account of size, design, inscription, or kind or quality of stone, is unsuited to the lot on which it is to be placed. 14.4.3 The City reserves the right for the Cemetery Superintendent to stop all work of any nature whenever, in his opinion, proper prepara- tions therefore have not been made, tools or machinery are insufficient or defective, work is being executed in such a manner as to threaten life or -28- property, any reasonable request on the part of the Cemetery Superintendent has been disregarded, work is not being executed in accordance with speci- fications, or when any person employed on the job violates any of these Rules and Regulations. 14.4.4 The completed work is subject to the approval of the Cemetery Superintendent and , if unsatisfactory, it may be removed by the Cemetery Superintendent. 14.4 .5 All die stones shall be finished on at least the front surface. 14.4.6 Photographing of memorials shall not be allowed except on signed order of the lot owner or Cemetery Superintendent. 14.4.7 No memorial showing drill or tool marks or straining from rubber mat used for sand engraving shall be considered as first grade workmanship . 14.5 MATERIALS All memorials , markers or stonework of any kind shall be constructed from first grade natural stone . No artificial stone of any kind or other material shall be permitted unless samples are submitted to the Cemetery Superintendent, in advance, and approved in writing by the Cemetery Super- intendent . 14.6 MAUSOLEUMS, TOMBS, ETC. 14.6.1 Mausoleums , tombs , vaults , sarcophaguses, or columbariums, either wholly or partially above ground, shall be constructed only in lots designated for such structures. Such structures shall be built of first grade natural stone, similar in all respects to stone used in other mem- orials in the Cemetery, unless prior written approval is received from the Cemetery Superintendent for the use of an alternate material . Before such a structure is erected , the proprietor must deposit with the City a sum of money estimated by the City to be sufficient to yield an income for the proper care of such structure in perpetuity. 14.6.2 Plans , specifications and location on the lot or lots shall be subject to the approval of the Cemetery Superintendent . 14.6.3 When an interment is made in a private mausoleum, the crypt access opening shall be properly sealed by an approved monument or mauso- leum dealer. 14.7 FOUNDATIONS AND DELIVERIES OF MEMORIALS, ETC. 14.7.1 Foundations for memorials, monuments, mausoleums, tombs , etc. may be installed by the Cemetery crew or by approved retail dealers. All foundations shall be built to a depth as specified by the Cemetery Superin- tendent and shall extend at least four ( 4) inches in all directions beyond the base of the memorial , etc. The Cemetery Office shall schedule, upon reasonable notice, all foundation installations , taking into account weather and ground conditions, scheduled funeral processions, availability of personnel , etc. In no event shall any foundations be laid between May 27 and June 1 or during freezing weather. All excavated dirt must be removed from the Cemetery by the installer and the installation site must be cleaned up to the reasonable satisfaction of the Cemetery Superintendent. -29- 14.7.2 All foundations shall be constructed of material approved by the Cemetery Superintendent . 14.7.3 Prior to the installation of a foundation by an approved retail dealer, the approved retail dealer shall pay the appropriate fee to the Cemetery Office, which fee shall cover the actual labor costs to inspect the finished product of the approved retail dealer. 14. 7 .4 The Cemetery Superintendent or his representative shall inspect all completed foundations . Any deviations from the required specifications shall be expeditiously corrected by the approved retail dealer after receiving notice of such deviations from the Cemetery Office. If, after notice, any deviation is not corrected, the Cemetery crew shall make such corrections and charge the approved retail dealer for the work . Such approved retail dealer shall not be permitted to do any further work in the . Cemeteries until such bill is paid in full to the Cemetery Office. 14.7.5 In order to request that a foundation be installed by the Cemetery crew, applications for installation of a foundation must be made by the burial space owner or his representative at the Cemetery Office. The charge for the foundation shall be paid at the time the application is made. The City shall assume the responsibility for the proper con- struction of such foundations. The City assumes no responsibility, how- ever, for the correctness of the size and location of the foundation which is based upon information received from the person ordering the foundation. Any alterations required in any foundation shall be made at the expense of the person ordering the foundation. 14.7.6 No monument or memorial shall be delivered to the Cemeteries until the applicable foundation charges have been paid and the perpetual care fee on the burial space(s) has been paid . Each monument or memorial , upon delivery, shall be checked by the Cemetery Superintendent . During the summer months (June through September) , no monument or memorial longer than three ( 3) feet or higher than two (2) feet shall be delivered to the Cemeteries until the foundation has been poured and set-up for it. 14.7.7 Base stones may vary from the size given when the foundation is ordered but not to exceed one (1) inch in width or length. If the base stone is more than one (1) inch larger than the size given when the foun- dation is ordered, the Cemetery Superintendent may refuse to allow such stone to be set until satisfactory arrangements have been made by the lot owner or his representative to correct the foundation. 14.8 MISCELLANEOUS 14.8.1 Should any memorial , monument, masoleum, tomb, etc. , become unsightly, delapidated or a menace to the safety of visitors , the City shall have the right to either correct the condition or to remove the same at the expense of the lot owner. 14.8.2 No monument or memorial shall be removed from the Cemetery, except by the City, unless the written order or permission of the lot owner is presented to the City and permission is granted by the City. 14.8.3 By presenting to the City proper written evidence to prove that any person ordering a memorial cannot or will not complete his con- tract for the purchase of the same, the dealer who sold the memorial -30- Y r F. may obtain permission from the Cemetery Superintendent to remove the memorial from the Cemetery . In the event a memorial is removed by a memorial dealer, it shall be the duty of such memorial dealer to reimburse the City for the expense of returning the Cemetery lot to its original condition . The City shall at no time be responsible or liable for the removal of any memorial and before granting permission for the removal of the same, the City may require a written guarantee or bond from the person or dealer removing the same, in favor of the City, to protect and save the City harmless from any and all liability of whatever kind or nature. —31— 15.0 AMENDMENTS, EXCEPTIONS AND MODIFICATIONS 15.1 AMENDMENTS The City may, and it hereby expressly reserves the right, to adopt new rules or regulations or to amend, alter and/or repeal any rule, regulation , article, section , paragraph or sentence in these Rules and Regulations. Such new or amended rules and regulations shall be binding on the owners of all lots and burial spaces regardless of the date such owner acquired the right of interment. 15.2 EXCEPTIONS AND MODIFICATIONS Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The City, therefore, reserves the right of the Cemetery Superintendent to, without notice, make exceptions, suspen- sions or modifications in any of these Rules and Regulations , when, in his judgement , the same appear advisable ; and such temporary exceptions , suspensions or modifications shall in no way be construed as effecting the general application or enforcement of these Rules and Regulations. -32-