ORD 2007-16 - Amend Code of Ordinances Title 16, Cemeteries 05-22-2007ORDINANCE NO. 2007 -16
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING TITLE 16
"CEMETERIES" TO THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,
TEXAS, ESTABLISHING POLICIES AND PROCEDURES FOR CITY -OWNED
CEMETERIES; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING
ORDINANCES OR RULES IN CONFLICT WITH THIS ORDINANCE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville operates a cemetery within its corporate limits which
is commonly referred to as "Oakwood Cemetery" and includes the Adickes and Mayes Additions;
and
WHEREAS, the City has adopted policies and procedures for the operation and conduct
with the City -owned cemetery; and
WHEREAS, the City has created a Cemetery Advisory Board to make recommendations
to the City with regard to the cemetery, and the Board has reviewed the proposed policies and
procedures and recommends that they be amended as submitted;
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: Title 16 "Cemeteries" of the Code of Ordinances of the City of Huntsville,
Texas, is hereby amended to change each reference to the title "Parks and Recreation" to
"Community Services."
SECTION 2: Section 16.05 "Fees, Applications, Licenses" of the Code of Ordinances of
the City of Huntsville, Texas is hereby amended as follows:
The final sentence of subsection (A) is amended to read as follows:
"Legal document filing fee shall be equal to the actual amount as charged
by the Walker County Clerk."
ii Subsections (B) and (C) are repealed. The numbering of subsection (A)
as such is deleted, in that the text of such subsection hereafter comprises
all of the text of said Section 16.05.
iii The title to Section 16.05 is hereby amended to read as follows: "Fees"
SECTION 3: The title of Section 16.14 "Actions Prohibited" of the Code of Ordinances
of the City of Huntsville, Texas, is hereby amended to read as follows: "Prohibited."
SECTION 4: If any portion of this Ordinance shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof.
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SECTION 5: All ordinances, parts of ordinances, rules and regulations in conflict with
the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be
only to the extent of such inconsistency, and in all other respects this Ordinance shall be
cumulative of other ordinances regulating and governing the subject matter covered by this
Ordinance. Specifically, Section 21.01.06 of the Code of Ordinances, "Cemetery Property —
Gathering Therein, Passing Through and Damaging and Closure to Public," is not repealed.
SECTION 6: This Ordinance shall take effective immediately from and after the date of
its passage.
PASSED AND APPROVED THIS 22nd DAY OF MAY 2007.
A T:
Danna Welter, City Secretary
APPROVED AS TO RM:
lad
Thomas A. Leep i City Attorney
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CITYisKHONTSVILLE, TEXAS
J. Turner, Mayor
Title 16, Cemeteries
Redline Version
§ 16.03 MANAGEMENT AND CONTROL OF CEMETERIES
All City -owned and operated cemeteries and all the facilities and equipment located therein shall
be under the management and control of the City Manager and shall be part of the 1�
Community Services Department of the City. The Director of
Community Services shall be responsible to the City Manager for administration and
implementation of the policies established by the City for the operation and management of a
cemetery. The terms "authorized representative of the city" and "city official" shall mean the
Director of Par4s aad 4@@r@&4@R Community Services or his/her designee as designated in
writing.
§16.05 FEES,
(A) The City Council shall set such fees as it deems appropriate for the purchase of lots in a
Cemetery or for other Cemetery related activities.
Single grave lot $750.00 (Maximum 2 urns per lot)
Legal document filing feed shall equal the actual amount as charged by the
Walker County Clerk.
Name of the Person mal-ing opplication=,= fiame M:
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§ 16.14 PROHIBITED
(C) No money shall be paid by a corporation, partnership, or individual to any cemetery
employee for any service he /she may render to said corporation, partnership, or
individual. The persons employed by the City shall work solely for the City with regard
to functions at the cemetery. Visitors and plot owners shall refrain from engaging or
directing them to work on certain spaces or lots. All orders, inquiries or complaints about
the operation of the cemeteries shall be filed or directed to the
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Community Services Department at its office at the City's Service Center on Highway 75
North.
§ 16.16 MEMORIAL AND MONUMENT REGULATIONS
(I) Special consideration and a variance to the Policies and Procedures may be applied for by
the owner(s) of an area/plot with eight or more contiguous spaces. A plan and/or design
must be submitted to the Huntsville Cemetery Advisory Board and the City of Huntsville
VQWk. -,d n_ .... Community Services Department for review and approval. The
owner(s) must have an approval /variance before commencing any work. The City must
respond to the variance request within 30 days.
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