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FAIRMOUNT CEMETERY REGULATIONS

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					Fairmount Cemetery Rules

FAIRMOUNT CEMETERY REGULATIONS
PURPOSE These regulations are for the protection of owners of interment rights (“Owners”) at Fairmount Cemetery (“Cemetery”), a perpetual care cemetery, and to create and preserve its beauty. All owners of interment rights, visitors, and contractors, performing work within the Cemetery, are subject to these regulations and amendments later adopted by the Board of Directors of Fairmount Cemetery and the City Council. PERPETUAL CARE FUND A perpetual care fund has been established in conformity with the laws of the State of Texas. Perpetual care means to keep the sod and all places where interments have been made in repair and to care for plantings placed by the Cemetery. It does not include the cleaning or polishing of markers. DEFINITIONS “Interment” means cremation and interment or burial of the remains of a deceased person. “Memorial” means any marker, monument, or structure upon any lot or niche, for purpose of identification or in memory of the interred. “Contractor” means any person or business entity, other than an employee of the Cemetery, engaged in placing, erecting, or repairing any memorial or performing any work on the Cemetery grounds. “Planting” means any tree, shrub, flower or other vegetation. OWNERSHIP, PURCHASE AND SALE OF INTERMENT RIGHTS Anyone shall be permitted to acquire title to interment rights in any lot or lots in the Cemetery for the sole purpose of burying deceased persons, provided space is available. Any Owner shall have the right at any time to sell or transfer his/her interest in any lot, if the purchase price has been fully paid. Sales or transfers must be recorded with the Cemetery’s office prior to the transfer to ensure that the Cemetery, at all times, has a complete and accurate record of all owners.

The subdivision of interment rights is not allowed without the consent of the Cemetery Supervisor, and no one shall be buried in any lot unless he/she has a legal interest therein except by written consent of the Cemetery and all parties interested in such lot.

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Fairmount Cemetery Rules The right to enlarge, reduce, replat, or change the boundaries or grading of the Cemetery and the right to lay, maintain, operate, or change pipelines or gutters is expressly reserved for the Cemetery. The Cemetery reserves for itself, and those lawfully entitled thereto, a perpetual right of ingress and egress over lots for the purpose of passage to and from other lots. Burial in any lot is not permitted until the cost of the lot and the opening and closing fees are paid in full. An exception is made if payment is guaranteed by an approved funeral home. Stacking of burials is permitted in the Cemetery. The cost for a lot, when stacking is intended, is double the cost of a single lot. The bottom interment must be in a concrete box and deep enough to allow the top burial to meet all State guidelines. GENERAL These regulations are binding on all persons who enter the Cemetery. The Board of Directors reserves the right to adopt, repeal and amend any regulation without notice. Special cases may arise in which the literal enforcement of a regulation may impose unnecessary hardship. The Cemetery reserves the right, without notice, to make exceptions, suspensions, or modifications in any of the regulations when advisable at the discretion of the Cemetery Supervisor with the approval of the Board of Directors. Temporary exceptions, suspensions, or modifications in no way affect the general application of these regulations. The Cemetery office is located at 1120 West Avenue N, San Angelo, Texas. It is closed on the following holidays: Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the day after Christmas Day, and New Year’s Day. This list is subject to the scheduling of holidays by the City of San Angelo. The Cemetery takes reasonable precautions to protect Owners and the property rights of Owners within the Cemetery from loss or damage. The Cemetery is not responsible for any loss or damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasion, insurrections, riots, or any order by any military or civil authority, whether the damage be direct or collateral.

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Fairmount Cemetery Rules

PROHIBITED ACTS The following acts are prohibited: 1. Discharging any firearm within the Cemetery grounds except for a military funeral and/or on Memorial Day. Removal of any objects from any place in the Cemetery or make any excavation without the consent of the Cemetery Supervisor. Allowing any tent, carpet, chairs or other items used for funeral services in the Cemetery to be used outside the Cemetery. Allowing rubbish, unsightly material, or debris to accumulate. The person or persons causing its accumulation must promptly remove all such accumulations. All tools and related items shall be removed immediately from any gravesite after the funeral service is completed. Obstructing any drive or path in the Cemetery or in any way injure, deface, or destroy anything in the Cemetery. Placing any objectionable items in the Cemetery. If any object or structure or any part of any structure within the Cemetery shall be deemed under the direction of the Cemetery Board of Directors, to be objectionable or to have become objectionable or unsightly, the Cemetery Supervisor shall have the right to remove such object or structure. Driving any vehicle faster than 15 miles per hour or to drive on any pathway or walk within the Cemetery. Driving any vehicle on the left side of Cemetery roadways. Disturbing the quiet of the Cemetery by any unnecessary noise of any kind or other improper or illegal conduct. Using the Cemetery grounds or any road therein as a public thoroughfare or driving any vehicle through the Cemetery grounds except for the purpose of visiting the gravesites or conducting other Cemetery-related business. Permitting any child less than 16 years of age, to play or be allowed to stay within the Cemetery unless accompanied by and in the control of an adult. Allowing any animal to run at large within the Cemetery or be buried within the Cemetery. 3

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Fairmount Cemetery Rules 13. Loitering on the grounds, walks, drives or on any lot within the Cemetery. Any person found within the Cemetery who fails to give a good and sufficient reason for his/her presence shall be asked to leave the Cemetery. 14. 15. Bringing intoxicating liquors or drugs into the Cemetery. Sitting, lounging or lying at full length on lots, mounds, or ornamental grounds, or to stand on graves therein. Exceptions may be made for Cemetery employees or contractors engaged in the proper conduct of Cemetery business. Damaging any planting or mar any landmark, marker, or memorial, or in any way deface the grounds of the Cemetery. Removing any flowers or arrangements from the Cemetery or moving them to another gravesite without the permission of the owner(s) or approval of the Cemetery Supervisor. If arrangements no longer meet established guidelines, the Cemetery Supervisor is responsible for removing them.

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All persons are reminded that the grounds are sacredly devoted to the burial of the dead, and the provisions and penalties of the law will be strictly enforced. FUNERALS When a lot is to be used, the owner, family or its representatives must sign an authorization from at the Cemetery office. Family plots containing more than one lot and not completely used, require a family representative to indicate which lot is to be used. This ensures the Cemetery opens the correct grave space. Funerals are generally held Mondays through Fridays, except on holidays (Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and New Year’s Day). They can be held on Saturday mornings from 8 a.m. to 12 noon, Good Friday, the Friday after Thanksgiving, and the day after Christmas, but there is an overtime charge. The latest a funeral can be scheduled is 4:00PM graveside on weekdays and 11:00AM graveside on Saturdays. Additional overtime charges will apply after 4:30 weekdays and after 12:00 on Saturdays. Fairmount Cemetery requires a minimum of 24 hours notice with specific burial information and location in order to prepare the site of the funeral. If the selection and purchase of a burial space is required, the minimum notice is 24 hours from the selection of a space. Cemetery employees under the direct supervision of the Cemetery Supervisor open and close graves and perform all other work on the lots, except when the Cemetery Supervisor grants permission otherwise. Revised 10/12/2009 4

Fairmount Cemetery Rules No enclosure of any kind, such as a fence, coping, hedge, or ditch shall be permitted around any grave or lot. Grave mounts are not allowed, and no lot shall be raised above the established grade. Curbs are not allowed around individual or family plots.

MEMORIALS Monuments may not be placed over burial spaces until spaces are paid for in full. The placement and type of markers is strictly regulated. No markers other than those made by a professional monument company may be placed in the cemetery. Monuments may only be placed by a professional monument company. Certain areas of the Cemetery require flat markers and others areas are approved for upright markers. A map indicating which type of marker is specified for given areas is located in the Cemetery office. The Cemetery requires all monument dealers or builders placing any marker in the Cemetery to work under the direct supervision of the Cemetery Supervisor. A marker-survey fee is charged for markers placed in the Cemetery, and a form must be signed at the Cemetery office prior to the placement of the marker.

PLANTINGS General If, for any reason, any planting on any lot or elsewhere in the Cemetery dies, is damaged or is detrimental to adjacent lots or avenues, the Cemetery Supervisor has the authority and the duty to remove all or any part of the planting or to otherwise correct the condition. All grading, landscaping and improving of the lots, including, but not limited to, any planting, trimming, cutting or removing of any planting shall be done by Cemetery employees under the supervision of the Cemetery Supervisor. Application of pesticides and fertilizer to any plants or trees in the cemetery must be done by the Supervisor and/or cemetery employees under his supervision. Space owner wishing to have chemicals applied to their areas should contact the Supervisor. No person, other than Cemetery employees, shall pluck or remove any planting, either wild or cultivated, from any part of the Cemetery. Nothing shall be placed on the grave area itself that will hinder mowing and upkeep activities.

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Fairmount Cemetery Rules Benches Bench placement must be coordinated through the cemetery office and communicated to the grounds supervisor before placement to ensure that it will not interfere with grounds maintenance. Benches must be constructed of a material that will withstand the elements and not become unsightly over time. Examples of approved materials are: Concrete, Marble, or Granite. Any bench that has broken or become unsightly will be removed by the grounds crew. Benches currently in the cemetery will be evaluated and moved if it is determined by the Cemetery Supervisor that they interfere with maintenance. Benches currently in the cemetery and cemented to the ground will be allowed to remain. Fairmount cemetery reserves the right to refuse permission to place benches if it determines that a bench or its placement does not conform to cemetery requirements or in a position that will impede maintenance equipment. Fairmount cemetery accepts no responsibility for the benches should they be damaged, broken or stolen.

Trees and Shrubs The Cemetery Board of Directors and the Cemetery Administration decide the types and placement of trees and shrubs. Those wishing to place trees and/or shrubs in the Cemetery must make an appointment with the Cemetery Supervisor to discuss these matters. Full-grown plantings are preferred in order to prevent damage to markers, water lines, right of ways, and other lots. Cemetery employees will water and care for all new trees as they are able. However, the Cemetery is not responsible if the planting does not survive.

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Fairmount Cemetery Rules Flowers On January 15 of each year, the Cemetery will conduct a cleanup involving the picking up of ALL flowers, wreaths, and any unsightly materials and placing the vases down in their canisters. Should January 15th fall on a Saturday or Sunday, the cleanup will occur on the following Monday. Please pick flowers you want to keep before this date. Flowers can be placed or put back on graves one week after the cleanup. At any given time unsightly flowers or decorations of any kind on or near graves will be picked up at the discretion of the Cemetery Supervisor to insure the good and orderly appearance of the Cemetery as directed by the Cemetery Board.

CEMETERY BOARD OF DIRECTORS Carolyn Cargile Chris Holt Katie Johnson Jean Millspaugh Bitsy Stone Donna Crisp Eva Horton Mary Manitzas Caroline O’Connor Beverly Stribling Charlotte Fisher Jean Johnson Jackie Martin Susan Pfluger

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