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15-R-31 - John Kuempel Supported Legislature regarding Cemetaries in MunicipalitiesRESOLUTION NO. 15 -R -31 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IN SUPPORT OF HOUSE BILL 1415 INTRODUCED BY REPRESENTATIVE JOHN KUEMPEL DURING THE 84' REGULAR SESSION OF THE TEXAS LEGISTLATURE RELATED TO THE ESTABLISHMENT OR USE OF CEMETARIES IN CERTAIN MU1vICIPALITIES. WHEREAS, The City of Schertz does not have a public cemetery within its borders; and WHEREAS, Developers of land that lies within the Runway Clear Zones (CZ) and Accident Potential Zones (APZ), have expressed a desire to utilize this land for a variety of permissible public use purposes including a Cemetery; and WHEREAS, The Texas Health and Safety Code does not allow the establishment of a cemetery within two miles of the boundaries of a municipality with a population between 25,000 and 50,000 without express enabling legislation; and WHEREAS, the City of Schertz wishes to have a public cemetery for its citizens to utilize for themselves and their families; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Schertz, Texas hereby requests that the Texas Legislature approve and submit to the Governor for passage of House Bill 1415 as introduced to include: Section 1. A person may file a written application with the governing body of a municipality to establish or use a cemetery located inside the boundaries of the municipality in a format as established by ordinance of the governing body of the municipality. Section 2. The municipality must be one that is located within three counties, has a population of 18,000 or more and does not have a cemetery within its boundaries, other than a family cemetery. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21" day of April, 2015. CITY OF—SGHf,%TZ, TEXAS Michael R Carpenter, Mayor ATTEST: �'4Aae Donna Schmoekel, Deputy City Secretary (CITY SEAL)