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any provision of this Resolution are hereby repealed to the extent of such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:
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Donna Schmoekel, Deputy City Secretary
(CITY SEAL)