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ORD 2008-26 - Amend Code of ORD Title 16, Cemetery Policies and Procedures 06-17-2008 ORDINANCE NO. 2008-26 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%lhe 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, d the,,3oard has review the proposed policies and procedures and recommends that they�amended as submitted; NOW, THEREFORE, BE IT>HE BY ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS that: SECTION 1: Section 16.01.08A is hereby amended to delete the last sentence. SECTION 2: Section 16.01.08B is amended to delete the current text in its entirety and substitute in its place as follows: To improve the appearance and to aid in maintenance of the cemeteries, when any permitted plant (fresh or artificial), container, basket, ornamentation or holder should fade, wilt, become unsightly or detrimental to the appearance or maintenance of the cemeteries, the City will remove and dispose of such items without notice and at the discretion of the City. City shall not be liable, and no obligation is created, for the value of any item removed and disposed pursuant to this section. SECTION 3: Section 16.01.08C is amended to delete the current text in its entirety and substitute in its place as follows: Cut flowers or artificial flowers may be used at any time if placed in a vase incorporated into the design of the monument. In other cases, the additional placing of one potted plant, one arrangement or basket of fresh flowers, or one arrangement of artificial flowers I is permitted adjacent to a headstone. The placing of one arrangement of artificial plants or flowers is limited to one per grave. SECTION 4: Section 16.01.08F is deleted. I SECTION 5. 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. i SECTION 6: All ordinances, parts of ordinances, rules an4,rggulations in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the ext. of such inconsistency, and in all other respects thiW�srdinance shad be cumulative of other ordinances regulating andgoverning the subject matter covered by this Ordinance. SECTION 7: This Ordinance shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS 17th DAY OF JUNE 2008. { CITY OF HUNTSVILLE, TEXAS J. Turner, Mayor ATTEST: Stephanie Brim, City Secretary APPROVED AS TO FORM: Thomas A. Leeper, City Attorney