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HomeMy WebLinkAboutORD 2006-34 - CemeteryORDINANCENO..cr, An Ordinance of the City Council of the City of Georgetown, Texas Amending Chapter 12.40 of the Code of Ordinances Pertaining to the Regulation of "City Cemeteries" to Allow the City Manager to Set Lot Sale Prices and Other Fees; to Establish a "Cemetery Maintenance Fund;" to Allow "Double Stacking"' on Certain Lots in the 1993 Addition of the Cemetery; Repealing All Ordinances and Parts of Ordinances in Conflict Herewith; Including a Severability Clause; and Establishing an Effective Date. WHEREAS, the City of Georgetown finds it necessary to amend its ordinance relating to city cemeteries to update provisions and fees and to allow double stacking on certain lots in the 1993 addition of the cemetery; and WHEREAS, the City of Georgetown finds that amending the ordinance is necessary to protect the public health, safety, and welfare of the citizens of the City of Georgetown. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part thereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Century Plan Element. 1.0 The community enjoys the benefits of well -planned land use in which conflicting needs are balanced. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2: Chapter 12.40 "City Cemeteries," Section 12.40.040 "Payment for lot prerequisite to use" of the Code of Ordinances is hereby amended as follows: Ordinance No. Revisions to Chapter 12.40 City Cemetery Page 1 of 3 CHAPTER 12.40, CITY CEMETERIES Sec.12.40.040. Payment for lot prerequisite to use. No burial will be allowed in any cemetery lot until the purchase price of such lot and any other charges have been paid in full. The purchase price of a lot and any other cemetery fees shall be as established by the City Manager, and subject to review by the City Council during the annual budget process. SECTION 3: Section 12.40.045 "Sale of lots in 1980 addition" is deleted and replaced as follows: Section 12.40,045. Sale of certain lots in 1993 addition of cemetery. Certain lots in the 1993 addition of the cemetery will allow for double stacking of caskets. All portions or parts of the permanent burial container shall be at least one foot below the surface of the surrounding ground level. SECTION 4: Section 12.40.290 "Cemetery Maintenance Fund Established" is added to Chapter 12.40 "City Cemeteries" as follows: Section 12.40.290 Cemetery Maintenance Fund Established. The City Council hereby authorizes the City Manager to create a "Cemetery Maintenance Fund" whereby the City Manager will solicit donations for maintenance needs at the cemetery from all existing families that have relatives buried in the cemetery. The Cemetery Maintenance Fund shall be administered by the City Manager, or his designee, and shall only be used to finance maintenance and upkeep of the cemetery as necessary. SECTION 5: This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. Ordinance No. & - Revisions to Chapter 12.40 City Cemetery Page 2 of 3 SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 7: The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED and APPROVED on First Reading on the6 55- "6day of p Lfl, 2006. PASSED and ADOPTED on Second Reading on theg4'h day ofPTIOU f 2006. CITY OF GEORGETOWN, TEXAS 10 ATTEST: SaR�e, y Secretary APPROVED AS TO FORM: r Patricia E. Carls, Brown & Carls, L.L.P. City Attorney Ordinance No. e9- a(s " Revisions to Chapter 12.40 City Page 3 of 3