O-1565-12-97ORDINANCE NO. 1565-12-47
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING ORDINANCE NO. M84-88 AND CHAPTER 4.5, "CEMETERIES," OF
THE ALLEN CODE OF ORDINANCES BY FIXING THE AMOUNT CHARGED FOR
A GRAVE SITE IN THE ALLEN CEMETERY AND RESTRICTING THE SALE OF
SAID GRAVE SITES; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Allen, Texas, is the permanent trustee for the perpetual maintenance of the lots and
graves in the Allen Cemetery; and,
WHEREAS, the City of Allen has the authority, pursuant to V.T.C.A. Health & Safety Code §713.003, to
set an amount required by the City for the permanent maintenance of a grave or burial lot on behalf of a
person or a decedent.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this Ordinance, Ordinance No. 8484-88 and Chapter
4.5, "Cemeteries," of the Allen Code of Ordinances, are hereby amended by adding the following sections,
to -wit:
"Sec. 4.5-5. Mah,tnnonce fee.
The city shall charge a person or decedent a fee of $125.00 per grave site for
permanent maintenance of said grave site on behalf of the person or decedent, said fee to be
payable m the Cemetery Endowment Fund.
Sec. 4.5-6. Sale restrictions.
The city shall restrict the sale of all grave sites within the Allen Cemetery to
residents of Allen, Texas."
SECTION 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section
of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of
competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase,
clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have
passed the remaining portions even though it had (mown the affected pans would be held unconstitutional.
SECTION 3: This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 18TH DAY OF DECEMBER, 1997.
APPROVED AS TO FORM:
A. Don Y ATTORNEY
APPROV,EDD:
ROfee
Stephen Terrell, MAYOR
ATTEST:
1iS.L441--
Jug Mo n, CMC, CrfY SECRETARY