R-00-04-27-12C1 - 4/27/2000RESOLUTION NO. R- 00- 04- 27 -12C1
WHEREAS, Bratton Cemetery is a cemetery located within the
boundaries or extraterritorial jurisdiction of the City of Round
Rock, Texas, and
WHEREAS, said cemetery is in a state of unkept maintenance
and /or abandonment, and
WHEREAS, the current condition of said cemetery constitutes
a threat or endangerment to public health, safety, comfort, or
welfare, and
WHEREAS, Vernon's Texas Codes Annotated, Health and Safety
Code §713.009, entitled "Local Possession and Control of Unkept or
Abandoned Cemetery," authorizes and sets forth procedures for the
City of Round Rock, Texas to take possession and control of said
cemetery, and
WHEREAS, it is the expression of the City Council of the
City of Round Rock, Texas to hereby give notice of its declaration
of intent to take possession and control of said cemetery, as
authorized by statute, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
The City Council hereby finds and declares that Bratton
Cemetery is within its jurisdiction; that the current maintenance
condition of said cemetery constitutes a threat or endangerment to
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public health, safety, comfort, or welfare; and that the City of
Round Rock, Texas intends to take possession and control of said
cemetery on behalf of the public, as authorized by V.T.C.A., Health
& Safety Code §713.009.
The City Council hereby specifies that, not later than the
sixtieth (60th) day after the date of passage of this resolution
giving notice of the city's declaration of intent to take
possession and control of said cemetery, the City of Round Rock
shall do the following only as appropriate:
(1) remove or repair any fences, walls, or other
improvements;
(2) straighten and reset any memorial stones or
embellishments that are a threat or danger to public
health, safety, comfort, or welfare; and
(3) take proper steps to restore and maintain the premises in
an orderly and decent condition.
The City Council hereby directs that notice be given by mail
to all persons shown by the records in the Williamson County
Clerk's Office to have an interest in the cemetery, and to all
interested persons by publication in a newspaper of general
circulation in the city.
The City Council hereby specifies that, after assuming local
possession and control of said cemetery, the city shall continue to
maintain the cemetery so that it does not endanger the public
health, safety, comfort, or welfare of the public; and the City
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Council further specifies that the city shall keep said cemetery
open to the public; and the City Council further specifies that the
city may not offer for sale additional burial spaces therein.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED
ATTEST:
this 27th day of April, 2000.
City Secretary
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RbSERT A. STLUKA/ JR., Mayor
City of Round Rock, Texas
DATE: April 21, 2000
SUBJECT: City Council Meeting — April 27, 2000
ITEM: 12.C1. Consider a resolution giving notice of the City's intention to take
possession and control of the Bratton Cemetery. This resolution
will authorize the City to give notice to the owner of the Bratton
Cemetery that it intends to take possession and control of the
cemetery. Staff Resource Person: Sharon Prete, Parks and
Recreation Director.