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13-SECOND READING DELIBERATE AND POSSIBLY ACT ON ORDINANCE AMENDING SECT. 21-7 LIMITATION ON BURIALSCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department- Presented By: Agenda Item No.: 03/03/201 l Council Date: City Attorney W. Kent McIlyar 13. 03/14/2011 RECOMMENDED MOTION: Second reading, deliberate and move to approve an Ordinance amending Section 21-7, Limitation on Burials, of Article I, Cha ter 21 of the Code of Ordinances. PoLicY IssuE(s): Legal BACKGROUND: On February 2$, 2011, City Council discussed amending Section 21-7 of the Code of Ordinances to mirror State Law. It was a consensus of City Council to have staff draft an amendment to the current Ordinance to follow the changes made in State Law. This amendment will change the depth requirement of burying the dead from two feet below the surface to one and one-half feet below the surface, if the container is made of an impermeable material. $pARD/CAMMISSION RECOMMENDATION: E XHIBITS: Ordinance ACI'ION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ Presentation ~ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other AccName Acct Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City C1erk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court [D Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 171 DRAFT Ordwork\Limitatton an Burials ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 21-7, LIMITATION ON BURIALS, OF ARTICLE I, CHAPTER 21, OF THE CITY OF PARIS CUDE OF ORDINANCES BY REVISING SECTION 21-7 OF SAID CODE BY REVISING THE REQUIREMENTS FOR BURIAL DEPTH TO COMPLY WITH STATE LAW; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 714.001 Depth of Graves of Chapter 714 of the Texas Health and Safety Code provides that the body of a decedent may be buried one and one-half feet below the surface of the ground if the container if made of an impermeable material; and WHEREAS, the City Council of the City of Paris hereby finds that Section 21-7, Limitation on Burials of Chapter 21 of the Code of Ordinances of the City of Paris, Texas, should be amended to comply with State Law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNFIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 21-7, Limitation on Burials of Article I, Chapter 21, of the Code of Ordinances of the Ciry of Paris, Texas, be and the same is hereby amended to read in its entirety as follows: "Sec. 21-7. Limitation on burials and depth of graves. (a) It shall be unlawful to bury the dead body of any person within the corporate limits of the City outside the limits of an established cemetery or a duly established columbarium. The body of decent may not be buried in a manner so that the outside top surface of the container of the body is: (1) Less than two feet below the surface of the ground if the container is not made of an impermeable material; or (2) Less than one and one-half feet below the surface of the ground if the container is made of an impermeable material. (b) This section does not apply to burials in a sealed surface reinforced 17 concrete burial vault. ***I, Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section S. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon canviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. Introduced and read on first reading on February 28, 2011, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on March 14, 2011, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris Section 8. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 14th day of March, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk 1_'7 3 APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 174