VILLAGE OF CAPITAN
ORDINANCE 2005-02
AMENDING MUNICIPAL CEMETERY ORDINANCE
AN ORDINANCE AMENDING SECTIONS 7-3-3, 7-3-4, AND 7-3-5 OF THE CAPITAN
MUNICIPAL CODE ENTITLED MUNICIPAL CEMETERY OF ORDINANCE 93-17 AS
AMENDED BY ORDINANCE 03-01
PREAMBLE
A. The governing body of the village of Capitan wishes to change and
clarify sections of the municipal cemetery ordinance.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF
CAPITAN:
Section 7-3-3 paragraphs C., E., and G., of the Capitan Municipal Code
is amended to read:
7-3-3: CEMETERY BOARD:
C. Organization; Meetings
The board shall meet within thirty (30) days after its appointment and
organize, by election, one of its members as chairperson. The board
shall also elect one of its members as vice chairperson, and one as
secretary, each of whom shall serve for one calendar year succeeding
his/her election.
1. The board shall adopt regulations governing the time and place of
its meetings, shall notify the board of trustees of the time and place
of its meetings, and shall post notice of its meetings in a conspicuous
place. All meetings shall be conducted in accordance with the open
meeting act requirements.
E. Clerk And Deputy Clerk, Duties: The village clerk
and/or the deputy clerk shall serve as treasurer of the board without
additional compensation and must post all notices of meetings.
G. Officials, Duties:
1. Chairperson: The chairperson shall conduct meetings, request
placement on the board of trustees' agenda and appear before the
trustees with recommendations.
2. Vice Chairperson: The vice chairperson shall perform the duties of
the chairperson in the chairperson’s absence.
3. Secretary: The secretary shall take the official minutes of all
meetings and give them to the clerk or deputy clerk for incorporation
in the village records. The secretary shall prepare and answer
necessary correspondence, which then becomes part of the village record.
4. Expenditures: In accordance with the New Mexico procurement code,
any purchase, or employment exceeding two hundred fifty dollars
($250.00), but less than five thousand dollars ($5,000.00), must have
three (3) written proposals or telephone quotes, approved by the board,
and presented to the board of trustees for final approval. (Ord. 93-17,
12-13-1993)
Section 7-3-4 paragraphs B., C., F., and K. of the Capitan Municipal
Code is amended to read:
7-3-4: CEMETERY RULES AND REGULATIONS: The following
rules and regulations are enacted for the perpetual care of the
cemetery:
B. When a gravesite is marked, the board prefers that
the marker be placed flush with the ground surface in section I and is
required to be flush with the ground surface in section II and in
section III. (Ord. 93-17, 12-13-1993)
C. For ease in mowing or other work by the village or
a private contractor, the cemetery board requests no obstacles be
placed on or around gravesites in section I. Any obstacles, such as
fences, curbing, etc., must be approved by the cemetery board. If not
approved, obstacles will be removed by the cemetery board or its
designee. No obstacles of any kind are allowed in section II or in
section III.
F. Only approved permanent plants requiring little
water are allowed in section I. No permanent plants are allowed in
section II or in section III. Unapproved plants will be removed by the
cemetery board or its designee. (Ord. 93-17, 12-13-1993; amd. 2002 Code)
K. Due to maintenance requirements, the cemetery
board does not allow crypts or other above ground receptacles in any
section of the cemetery. (Ord. 93-17, 12-13-1993)
Section 7-3-5, paragraphs A., B., C., E., and F. of the Capitan
Municipal Code is amended to read:
7-3-5: BURIAL PLOTS; FEES: All fees are exclusive of
Gross Receipts Tax.
A. Purchase Of Plots; Fees:
1. Cemetery plots shall be purchased from the village for a fee of two
hundred and fifty ($250.00) dollars per plot for Village of Capitan
residents or for a fee of twelve hundred and fifty ($1250.00) dollars
per plot for non-residents of Capitan village. The board defines a
non-resident of the Village of Capitan as a person who has their
residence of record in a location other than the Village of Capitan. A
person who moves or is moved to another location for, or because of,
health care needs, but who does not intend to make that location their
residence would be considered a resident of the Village of Capitan.
2. The board will not buy back a perpetual lease(s); however, as a
public service, upon request of a person with a perpetual lease wishing
to sell the lease(s) the board will post the availability of the
lease(s) in the village hall. It is the responsibility of the person
buying the perpetual lease(s) to transfer the perpetual lease(s) into
their name.
B. Reservation Of Plots; Fee:
1. A plot(s) may be reserved for three (3) years for a fee of fifty
($50.00) dollars for each gravesite. By the end of three (3) years, the
plot(s) must be paid in full, the reservation renewed, or the
reservation will be canceled.
2. Reservation fees are nonrefundable.
3. The reservation fee shall be applied to the purchase price.
4. Reserved plots shall be recorded on the cemetery map.
C. Limited Interments: One casket interment, and two
cremation urns interments may be permitted per plot, at the discretion
of the board. (Ord. 93-17, 12-13-1993; amd. Ord.03-01, 01-04-03)
E. Interment fees: The Village of Capitan will
administer all grave openings and closings.
1. The fee for opening and closing the interment of a casket during
normal business hours of the Village of Capitan is three hundred
($300.00) dollars.
2. The fee for opening and closing the interment of a casket during
after normal business hours of the Village of Capitan is four hundred
($400.00) dollars.
3. The fee for opening and closing the interment of a cremation urn
during normal business hours of the Village of Capitan is one hundred
and fifty ($150.00) dollars.
4. The fee for opening and closing the interment of a cremation urn
during after normal business hours of the Village of Capitan is two
hundred ($200.00) dollars.
F. Perpetual lease Fee: A fee of ten ($10.00) dollars
shall be charged for each perpetual lease. At the time of receiving the
perpetual lease, the lessee will acknowledge by their signature that
they have received a copy and understand the cemetery’s rules.
This Ordinance shall take effect on Feburary 3, 2005.
PASSED, ADOPTED AND APPROVED this 18th day of January, 2005.
____________________________________
Steven M. Sederwall
Mayor
ATTEST:
_______________________________________
Anna Gail Grassie
Village Clerk
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