This Ordinance shall be known as the Cemetery Ordinance. [Ord. 93-17,
replacing former Ord. 91-4]
This Ordinance is enacted for the following purposes and intent:
A. To effect and accomplish the protection, enhancement and perpetuation
of a municipal cemetery that represents and reflects the Village's cultural
and social history;
B. To safeguard the Village's cemetery by a regular system of upkeep;
and
C. To foster civic pride in the beauty and remembrance of the deceased
residents of the Village of Capitan. [Ord. 93-17, replacing former Ord. 91-4]
A. Creation: There shall be and hereby is established a Capitan Cemetery
Board to administer the provisions of this Article, hereinafter called the
"Board".
B. Members: The Board shall consist of five members appointed by the
Mayor with the advice and consent of the Board of Trustees. The members
shall serve for a term of two years, without compensation, and shall qualify
for Board membership by taking an Oath of Office to faithfully and impartially
discharge the duties of the Office.
C. Organization: The Board shall meet within thirty days after their
appointment and organize by the election of one of its members as chairman.
The Board shall also elect one of its members as vice-chairman, and one
as secretary, each of whom shall serve for one calendar year succeeding his/her
election. 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 open meeting requirements.
D. Removal of Board Members - Filling Vacancies: The Board of Trustees
may remove a member of the Cemetery Board for cause and shall fill any vacancy
as stated in paragraph (B). Removal will be automatic when the member does
not attend, without adequate reason, three (3) consecutive meetings. Such
member shall be notified in writing of his/her removal. Thereafter, the
Board of Trustees will be notified of the vacancy and requested to make a
successor appointment.
E. Cemetery Board - Duties of Municipal Clerk and/or Deputy Clerk: The
Municipal Clerk and/or the Deputy Clerk shall serve as Clerk/Treasurer of
the Board without additional compensation and must post all notices of meetings.
[Ord. 93-17, replacing former Ord. 91-4]
2-1-4 CEMETERY BOARD - POWERS AND DUTIES:
The Board shall be responsible for the cemetery belonging to the municipality;
and the management of the cemetery; recommend rules and regulations for the
operation, management, care and custody of the cemetery; and may employ a
sexton and other employees necessary for the care, maintenance, and beautification
of the cemetery; and prescribe the manner and place of burials.
A. Chairman: The Chairman shall conduct meetings; request placement on
the Board of Trustees' Agenda and appear before the Trustees with recommendations.
B. Vice-Chairman: The Vice-Chairman shall perform the duties of the Chairman in his/her absence.
C. Secretary: The Secretary shall take the Official Minutes of all meetings
and give them to the Clerk/Deputy Clerk for incorporation in the Village
records. He/she shall prepare and answer necessary correspondence which
then becomes part of the Village record.
D. 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 written proposals or telephone
quotes, approved by the Board, and presented to the Board of Trustees for
final approval. [93-17, replacing former Ord. 91-4]
2-1-5 CEMETERY - RULES AND REGULATIONS:
The following rules and regulations are enacted for the perpetual care
of the Cemetery:
A. Village Hall must be notified when any work is planned on gravesite.
Notification is not required for clean-up or placing of flowers.
B. If a plot is to be marked by a stone, flat tombstones are preferred
in Section I and are REQUIRED in Section II.
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, obstacle will be removed by the
Cemetery Board. NO OBSTACLES OF ANY KIND ARE ALLOWED IN SECTION II.
D. Wilted flowers, flower stands, etc. must be disposed of ten days after
the burial or the Cemetery Board will remove them.
E. When plastic flowers become unsightly, and if they are not disposed
of by family or friends, the Cemetery Board will remove them.
F. Only APPROVED permanent plants requiring little water are allowed
in Section I and no permanent plants are allowed in Section II. Unapproved
plants will be removed by the Cemetery Board.
G. A Memorial Board is in the cemetery for installation of a plaque for
a loved one buried in the cemetery. Plaques must be obtained through the
Village Hall. An additional fee is charged if tree identification is included
on the plaque.
H. A memorial tree may be purchased (an acceptable tree) and planted
along the inside perimeter of the fence upon approval by the Board. A standard
brass 3" x 5" plaque may be used for identification on the Memorial Board.
I. The Cemetery Board reserves the right to do any maintenance work necessary
to keep the Cemetery in proper condition.
J. Only human remains may be buried in the Capitan Cemetery.
K. Due to maintenance requirements, the Cemetery Board does not allow
crypts or other above ground receptacles in either section of the cemetery.
[93-17, replacing former Ord. 91-4]
2-1-6 PENALTIES FOR VIOLATION, NMSA 3-17-1:
Penalties for the violation of the rules and regulations of this Article
shall be in accordance with applicable State Law NMSA 3-17-1. [Ord. 93-17,
replacing former Ord. 91-4]
2-1-7 TRANSFER OF OTHER CEMETERIES TO THE BOARD:
A. Subject to the approval of the Board of Trustees of Capitan, the Cemetery
Board may accept any cemetery within or adjacent to the municipality, from
any person, corporation, or organization owning, controlling, or maintaining
the cemetery.
B. Any cemetery accepted by the Board, as provided in this Section, shall
become a part of the Village of Capitan and shall be governed as any other
municipal cemetery is governed. [Ord. 93-17, replacing former Ord. 91-4]
A. Cemetery plots are purchased from the Village of Capitan for a fee
of two hundred ($200.00) dollars per plot.
B. A plot(s) may be reserved for three years for a fee of fifty ($50.00)
dollars for each gravesite. By the end of three years the plot(s) must be
paid in full, the reservation renewed, or the reservation will be canceled.
Reservation fees are non-refundable. The reservation fee is applied to
the purchased price. Reserved plots are recorded on the cemetery map.
C. No more than two (2) internments per plot.
D. The Board will reserve certain areas within the cemetery consisting
of half lots for the internment of cremation urns. The cost of said plots
will be one-half the cost of full size plots.
E. A fee of two hundred ($200.00) dollars is charged for opening and
closing the gravesite by the Village. If, by religion or tradition, a family
prefers to close the grave, reduction is made in the closing fee.
F. A fee of five ($5.00) dollars is charged for each plot deed.
G. All fees are determined by the Capitan Board of Trustees. [Ord. 97-4, amending Ord. 93-17, which replaced former Ord. 91-4]
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This ordinance shall be known as the "Capitan Water Advisory Board Ordinance",
except as referred to and cited herein where it shall be known as "this Ordinance".
The Capitan Water Advisory Board shall hereinafter be referred to as the
"Water Board". [Ord. 94-4]
The duties and responsibilities of the Water Board hereinafter provided
are intended to establish the nature, quantity and quality of water necessary
to meet the needs of the existing citizenry of the Village of Capitan and
such future needs as can be reasonably projected as necessary for the orderly
growth and economic development of the community. [Ord. 94-4]
2-2-3 AUTHORITY AND JURISDICTION:
This ordinance is enacted for the purpose of establishing and carrying
into effect the powers, duties, and responsibilities conferred upon the Water
Board, including such future responsibilities as the Board of Trustees of
the Village of Capitan may deem appropriate and necessary for the health,
welfare and safety of the community. [Ord. 94-4]
2-2-4 COMPOSITION AND ORGANIZATION:
A. Composition
The Water Board is established to carry out the duties set forth otherwise in this Ordinance. The Water Board shall consist of five (5) members appointed by the Mayor and confirmed by the Board of Trustees. The members shall be residents or property owners of the Village of Capitan. In making the appointments to the Water Board, the Mayor and Board of Trustees shall give consideration to maintaining the balance of interests and skills of the Water Board, and to the individual qualifications of the candidates, including their interest, experience and knowledge in water issues.
B. Terms
The term of each member of the Water Board shall be for two (2) years.
In the event a vacancy occurs on said Water Board prior to the expiration
of the term of a member, it shall be filled within sixty (60) days by appointment
as hereinabove provided of a member whose term shall expire at the end of
the original term in which said vacancy occurred.
C. Removal
Removal of a Water Board member shall only be by a majority vote of
the Board of Trustees unless the member has failed the attendance requirement
set forth below, in which case removal is automatic. If a member fails to
meet the attendance requirement, the Mayor and the Board of Trustees will
be notified immediately thereafter by formal request to appoint a new member
to that position.
D. Compensation
The members of the Water Board shall serve without compensation, but
shall receive mileage and per diem when required to travel outside of Lincoln
County.
E. Officers
Officers of the Water Board shall consist of at least the chairperson,
vice-chairperson and secretary elected by the Water Board. Each shall serve
for one (1) year and be eligible for re-election.
F. Meetings
The Water Board shall meet at a reasonable and regular time and place fixed by the Water Board. All meetings shall be open to the public. The Water Board shall keep minutes and records of all meetings and proceedings including motions, voting records, attendance, resolutions, findings, determination, and decisions. All such material shall be public record. A copy shall be on file for public inspection at Capitan Village Hall.
Notices of meetings shall be posted at five (5) places, including Village
Hall. Notices will be posted seventy-two (72) hours prior to a regular meeting.
Such notices shall include an Agenda for the meeting to be held. Notices
will be posted twenty-four (24) hours prior to a special meeting and twelve
(12) hours prior to an emergency meeting.
G. Attendance Requirement for Water Board Members
Any member of the Water Board who misses three (3) consecutive regular
meetings is automatically removed from the Water Board. Members can apply
to the Board of Trustees for continuation on the Water Board upon a demonstrated
showing of extenuating circumstances.
H. Voting
A majority of three (3) members shall constitute a quorum, and any action
taken shall require the affirmative vote of a majority of those present.
Water Board members are required to abstain from voting on any action in
which their financial interest or business interests or those of their immediate
families are directly involved.
I. Legal Counsel.
The Village Attorney or his designated representative shall be the legal
advisor for the Water Board. [Ord. 94-4]
A. The Water Board shall have such power as is necessary to:
1. Fulfill and perform its functions;
2. Make long range water planning recommendations to the Village Board of Trustees; and
3. Carry out such other purposes as are reasonably necessary to accomplish
the responsibilities set forth in this Ordinance.
B. The Water Board shall adopt rules and regulations for the conduct
of its business, together with procedures for compliance with the rules and
regulations. The rules and regulations shall be submitted to the Board of
Trustees for their approval.
C. The Water Board shall make reports and recommendations regarding the
acquisition of additional water capacity and recommendations regarding requests
for additional water taps in the municipality to the Board of Trustees.
D. Members of the Water Board in performance of its functions may:
1. Examine the official records of the Village of Capitan;
2. Meet with Village employees regarding additional water capacity,
transmission lines, and connections.
E. The Water Board shall:
1. Conduct a study to determine the current capacity of the water resources owned by the Village of Capitan.
2. Based on current capacity, make reasonable projections regarding the anticipated need of the Village.
3. Advise the Board of Trustees on the most appropriate means to obtain
additional capacity, including acquisition of new water rights, storage facilities
and pumping facilities.
F. The Water Board shall review all requests for annexation to the Village
which include a request for water service, and independently of the Planning
and Zoning Board's recommendation, make its recommendation to the Board of
Trustees. [Ord. 94-4]
2-2-6 RESPONSIBILITY OF BOARD OF TRUSTEES WITH REGARD TO THE WATER BOARD:
The Board of Trustees being duly elected shall:
A. Receive recommendations on acquisition of new water production or
storage facilities and make determinations upon same in terms of budget and
other financial commitments of the Village.
B. Request additional information as necessary from the Water Board regarding
an adverse recommendation to an annexation petition which would require commitment
of additional water resources of the Village. [Ord. 94-4]
2-2-7 INTERPRETATION AND CONFLICTS:
It is not intended by this Ordinance to interfere with or abrogate or
annul any other ordinance, rules, regulations, or permits previously adopted
or issues, or such rules and regulations contemplated in any other zoning
or regulatory ordinance of the Village. [Ord. 94-4]
If any section, subsection, paragraph, sentence, clause or phrase or part hereof is for any reason declared unconstitutional or invalid, the validity of the remaining portions hereof shall not be effected since it is the express intent of the Village of Capitan to pass each section, subsection, paragraph, sentence, clause or phrase and every part thereof separately and independently of every other part. [Ord. 94-4]
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