The municipality has to delete a passage from the cemetery fee statute because it does not treat everyone equally.
The municipality has to pay for a new water pipe.
Gauting
- Because a person concerned wanted to sue the newly introduced fee for commercial use, which is anchored in the current Gautinger cemetery statutes, the main and finance committee recommended that the local council delete the passage. Reason: Because the fee cannot be checked by the cemetery administration on weekends, it contradicts the principle of equal treatment, explained Mayor Dr. Brigitte Kössinger. For better or worse, the committee members also had to grant an unplanned EUR 47,400 - for the renewal of the leaky water pipes in the forest cemetery.
Kössinger emphasized in the meeting that the set of rules, which was only adopted at the beginning of the year, corresponds to the model statutes of the Bavarian Municipal Assembly, but a person concerned has sued with the greatest chance of success against the phrase "commercial use". The newly introduced fee regulates “commercial work or work aimed at economic success”. A fee of 60 euros should therefore be charged for one-off work in the cemetery and a fee of 300 euros for work performed annually, according to the proposal for the meeting. But since the forest cemetery is open all day including the weekend, there is no control by the cemetery administration. Thus the new clause violates the principle of equal treatment of the Basic Law "and cannot be held in court," said the mayor.After consultation, the local council also advises that this fee be canceled without replacement. The committee followed suit. The town hall chief emphasized that nothing would change in the other paragraphs such as grave use fees. The municipal council has the final say next Tuesday.
But that did not end the issue of the forest cemetery. The Würmtal Zweckverband reported an extremely high water loss through a leaky water pipe shortly before the summer holidays. The damage had led to the closure of wells and toilets for weeks. First experts found a leak, then another and another - so the municipalities had part of the water pipe replaced. After that, however, it didn't get much better because the other, equally old part of the pipes was also leaking. That is why this was also renewed later, so the entire line together.
The over-budget costs of around 47,400 euros for leak location and the construction of the new water pipes must be met from the “construction maintenance” item.
There is money for it: Since there are delays in projects such as the planning for the “Am Patchway-Anger” area or the future “Gautinger Feld” industrial park, funds are available, according to Kämmerer Stefan Hagl in the submission.
The committee agreed without debate.
