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Home My WebLink AboutORD 2003-43 - Cemetary St. Helens Church00343 ORDINANCENO r Y 1.It a.■ Y * i ... r i •. M f �. Y WHEREAS, on January 14, 2003 the City Council was approached by parishioners from Saint Helen's Catholic Church wishing to establish a cemetery within 2 miles of the City's municipal boundaries to be located on Berry Lane off of Highway 29 (University Avenue); WHEREAS, Section 711.008 of the Texas Health and Safety Code prohibited the establishment and use of cemeteries within 2 miles of the boundaries of a municipality with a population of 25,000 to 50,000; WHEREAS, on January 14, 2003 the City Council authorized the submittal of a letter of support to the State Legislature encouraging an amendment to Section 711.008 of the Texas Health and Safety Code to allow the establishment of a cemetery within 2 miles of the municipal boundaries of Georgetown; WHEREAS, Senate Bill 667 (78th LEG. SESS. 2003, eff. May 6, 2003) amended the Texas Health & Safety Code to allow a corporation to file a written application with certain cities (including the City of Georgetown) to establish or use a cemetery located outside the municipality but within two (2) miles of the city limits if an application for same is submitted not later than December 1, 2003; WHEREAS, Senate Bill No. 667 also requires that the subject municipality adopt an ordinance which prescribes the information to be included in an application for the establishment and use of such a cemetery; WHEREAS, Senate Bill No. 667 further requires a city that authorizes such a cemetery to do so by ordinance after finding that the establishment and use of a cemetery will not adversely affect public health, safety and welfare. THEREFORE,ORDAINED BY THE CITY COUNCIL OF 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 hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policies of the Century Plan - Policy Plan Element: 1. Growth and Physical Development Policy 7.0 which states: "Georgetown's land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development'; and Ordinance No. a;� Q J 3 F 43 Cemetery Applications Under SB 667 (2003) Page 1 of 3 2. Growth and Physical Development Policy 7.1, which states: "The City's regulations implement the Policy Ends and provide the opportunity to seek change with reasonable effort and expense"; and and 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. An application for the establishment and use of a cemetery located outside of the municipality but within two (2) miles of the municipal boundaries shall be subject to the following: A. "Cemetery" shall be defined as a place that is used or intended to be used for internment, and includes a graveyard, burial park, or mausoleum, as those terms are defined in the Texas Health & Safety Code Ch. 711.. B. An application to establish a cemetery shall be made not later than December 1, 2003 to the City's Planning and Development Services Division by a corporation, either for profit or not for profit, that is authorized by its articles of incorporation to conduct a business for cemetery purposes. C. The application shall include the following information: 1. Name, address, and telephone number of the applicant; 2. Name, address, and telephone number of the applicant's authorized agent; 3. Property location and legal description; 4. A sworn affidavit, executed by the applicant or the applicant's authorized agent, stating that: a. The proposed establishment and use of the property as a cemetery will be in compliance with all applicable Codes and Ordinances of the City of Georgetown; b. The proposed establishment and use of the property as a cemetery will be in accordance with all applicable State and local laws and regulations, including but not limited to Chapters 711 and 712 of the Texas Health and Safety Code; C, The proposed establishment or use of the property as a cemetery will not adversely affect the public health, safety or welfare; d. Above ground crypts shall be floodproofed and restrained in such a manner as to resist flotation and lateral movement; e. Upright headstones shall be restrained in such a manner as to resist lateral movement produced by floodwaters; and, f. Below ground vaults shall be secured in such a manner to prevent flotation from ground water pressure. Vault lids shall be attached in such a manner to prevent separation. Ordinance No. co2003 -X13 Cemetery Applications Under SB 667 {2003) Page 2 of 3 D. In addition, the application shall include a site plan showing the following: 1. Site layout; 2. Internal circulation; 3. Site access (ingress and egress); 4. Internment areas; 5. Any planned improvement, including but not limited to, structures, landscaping, irrigation, walkways, parking areas, maintenance shops, chapels, etc... E. The application must include a statement that the cemetery shall be constructed, operated, maintained, and financed by the corporation and not the City. The application must also include financial statements demonstrating the corporation's financial ability to construct, operate, and maintain the cemetery. F. No application for the establishment of a cemetery pursuant to this Ordinance shall be accepted after December 1, 2003, SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. 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 5, 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 on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 24th day of June 2003, PASSED AND APPROVED on Second Reading on the 8th day of July 2003, ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Ordinance No. of 0 0 3- q 3 Cemetery Applications Under SB 667 (7.003) Pa.ge 3 of 3 THE CITY OF GEORGETOWN: Mayor Nelon AN ACT relating to the establishment or use of certain cemeteries. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: S.B. No, 667 SECTION 1. Section 711.008, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (g) to read as follows: (a) Except as provided by Subsections (b), (f),c), and (k), an individual, corporation, partnership, firm, trust, or association may not establish or operate a cemetery, or use any land for the interment of remains, located: (1) in or within one mile of the boundaries of a municipality with a population of 5,000 to ' 25,000; (2) in or within two miles of the boundaries of a municipality with a population of 25,000 to 50,000; (3) in or within three miles of the boundaries of a municipality with a population of 50,000 to 100,000; (4) in or within four miles of the boundaries of a municipality with a population of 100,000 to 200,000; or (5) in or within five miles of the boundaries of a municipality with a population of at least 200,000. (a) Not later than December 1 2003 a corporation may file a written application with the goveming body of a municipality that has a population of at least 27,000 and not more than 30,000 and, that is located in a county with a population of at least 245,000 and not more than 250,000 to establish or use a cemetery located outside the municipality but within two miles of the municipal boundaries The municipality by ordinance shall prescribe the information to be included in the application The governing body by ordinance may authorize the establishment or use of the cemetery if the municipality determines and states in the ordinance that the establishment or use of the cemetery does not adversely affect public health. safety, and welfare. SECTION 2. This A ct t akes effect i mmediately i f i t receives a v ote o f two-thirds of a Il the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. President of the Senate Speaker of the House I hereby certify that S.B. No. 667 passed the Senate on March 27, 2003, by the following vote: Yeas 31, Nays 0. Secretary of the Senate I hereby certify that S.B two present not voting. Chief Clerk of the House Approved: No. 667 passed the House on May 6, 2003, by the following vote: Yeas 143, Nays 0, 180 Governor