CC Resolution No. 1987 RESOLUTION NO. 1987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A MEMORIAL PROGRAM FOR THE CITY OF
BAYTOWN;CONTAINING A REPEALING CLAUSE;AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby adopts a
Memorial Program for the City of Baytown, which policy is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: All resolutions or parts of resolutions inconsistent with the terms of this
resolution are hereby repealed;provided,however,that such repeal shall be only to the extent of such
inconsistency and in all other respects this resolution shall be cumulative of other resolutions
regulating and governing the subject matter covered by this resolution.
Section 3: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED,READ and PASSED,by the affirmative vote of th ity Council of the City
of Baytown this the 28`h day of May, 2009.
71PHMH. DONCARLO ,Mayor
A T:
4 -
Y n DARNELL, City Clerk
APPROVED AS TO FORM:
4WAA10 RAMIREZ, SR., C' Attorney
RAKaren\Files\City Council\Resolutions\2009Way 28\MemorialProgram.doc
Exhibit "A"
CityBaytownof
MEMORIAL PROGRAM
BAYTOWN POLICY AND PROCEDURES
I. Purpose.
The purpose of this policy is to establish the guidelines and procedures for the
City of Baytown's Memorial Program, which includes both a Roadside Memorial
Program and a Parks Memorial Program.
II. Definitions.
The following terms and phrases, when used in this policy, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Board means the Parks and Recreation Board.
Commission means the Planning and Zoning Commission.
Immediate family means the deceased's father, mother, son, daughter, and spouse.
Memorial request form means that document required to be submitted to the City
pursuant to the City's Memorial Program and shall contain, when complete, the
following information:
1. name of the deceased;
2. name,address, and telephone number of the applicant;
3. relation of the deceased to the applicant;
4. written approval of a member of the deceased's immediate family
for the application and memorial requested;
5. designation of whether the request is under the Parks Memorial
Program or under the Roadside Memorial Program;
6. type of memorial requested;
7. requested location of the requested memorial;
8. whether the City has installed in the past a memorial for the
deceased;
Memorial Program Policy and Procedures Page 1
9. if the request is under the Roadside Memorial Program,
a. date of the accident,
b. location of the accident,and
C. cause of the accident.
10. if the request is under the Parks Memorial Program, a description
of significant achievements and/or contributions the deceased
accomplished demonstrating service and commitment to some
aspect of the Baytown Community;and
11. other information as may be necessary as determined by the City.
Parks Memorial Program shall mean that program administered through the
City's Parks and Recreation Department, which entails the planting of trees or the
placement of fixtures such as benches in City parks as memorials for people that
have died.
Residential area shall mean:
1. land area included in one or more recorded subdivisions where the
predominate land use is or is intended to be a single-family or
duplex use; or
2. an area with readily identifiable physical boundaries where the
predominate land use is a single-family or duplex use.
Roadside Memorial Program shall mean that program administered through the
Traffic Division of the Public Works Department, which entails the placement of
standardized roadside memorials for people that have died as a result of a motor
vehicle, pedestrian or bicycle crash within a City-maintained right-of-way on
segments of roadway in incorporated Baytown.
III. Process.
A. Request.
Requests for a memorial shall be submitted in writing to the City Clerk by
filling out a memorial request form. The form will be available online
from the City's website or by calling the City Clerk's office. Requests
may be made by immediate family members or friends. Requests from
friends require written approval from a member of the deceased's
immediate family.
Memorial Program Policy and Procedures Page 2
B. Processing the Request.
The City Clerk shall forward all memorial request forms made under the
Parks Memorial Program to the Director of Parks and Recreation and all
memorial request forms made under the Roadside Memorial Program to
the Director of Public Works.
1. The Director of Parks and Recreation, upon receipt of a memorial
request form shall determine whether the request is complete. If
the Director of Parks and Recreation determines that the form is
not complete, he shall contact the applicant and note the
deficiencies. If the Director of Parks and Recreation determines
that the form is complete, he shall send it to the Board. After
receiving a memorial request form, the Board shall review the
form and hold a public hearing to obtain input on the requested
memorial. Thereafter, the Board shall grant or deny the memorial
request based upon the criteria specified in Subsection C.I. The
Director of Parks and Recreation shall give notice of the Board's
decision to the applicant within ten days of the decision.
2. The Director of Public Works, upon receipt of a memorial request
form shall determine whether the form is complete. If the
Director of Public Works determines that the form is not complete,
he shall contact the applicant and note the deficiencies. If the
Director of Public Works determines that the form is complete, he
shall send it to the Commission. After receiving a memorial
request form, the Commission shall review the form and hold a
public hearing to obtain input on the requested memorial.
Thereafter, the Commission shall grant or deny the memorial
request based upon the criteria specified in Subsection C.2. The
Director of Public Works shall give notice of the Board's decision
to the applicant within ten days of the decision.
C. Criteria.
1. The Board shall consider the following when determining whether
to grant or deny a memorial request under the Parks Memorial
Program:
a. whether the memorial is appropriate at the proposed
location; and
b. whether the deceased accomplished significant
achievements and/or contributions demonstrating service
and commitment to some aspect of the Baytown
Community.
Memorial Program Policy and Procedures Page 3
2. In order for the Commission to grant a memorial request under the
Roadside Memorial Program,the Commission must find that:
a. the deceased was killed by a motor vehicle; and
b. the deceased was not the operator or a passenger in the
vehicle being operated by the party under the influence of
illegal drugs or alcohol.
IV. Installation.
A. If approved, memorials will be designed, constructed and installed by the
City of Baytown. The City will be responsible for designing the memorial
or designating the type of tree, as appropriate, and ensuring proper and
safe placement—the exact location will be at the discretion of the City.
B. Memorials will not be allowed within the limits of active construction
work zones.
C. Memorials shall not pose a potential safety hazard to the public.
D. Memorials under the Roadside Memorial Program to be installed in
residential areas may only be installed with the written permission of the
owner whose property is abutting the residential right-of-way where the
memorial is to be placed.
E. The applicant will be notified once the installation is complete.
F. The City retains the right to remove the memorial should it become pose a
danger to the public or otherwise become a traffic hazard.
V. Time Period
A. Parks Memorial Program.
For memorials erected under the Parks Memorial Program, the signage on
the memorial will be allowed to remain in place for two years after
installation unless earlier removal is necessitated by construction
activities. After two years, the memorial plaque may be removed by the
City.
B. Roadway Memorial Program.
For memorials erected under the Roadway Memorial Program, memorials
will be allowed to remain in place for two years after installation unless
Memorial Program Policy and Procedures Page 4
earlier removal is necessitated by construction activities. After two years,
the memorial marker shall be removed by the City.
VI. Memorial Design
A. Parks Memorial Program
1. After completion of the planting of the tree or the construction and
installation of the fixture (such as a bench), the City shall erect a
small but visible memorial plaque.
2. The design, size, and placement of the plaque shall rest in the sole
discretion of the City.
3. The plaque message will state `In memory', and the family will
have the option of adding the deceased's name to the sign.
B. Roadside Memorial Program
1. The memorial marker shall be a 15" diameter aluminum sign with
a white background and black letters.
2. The sign message will state `Drive Safely — In memory', and the
family will have the option of adding the deceased's name to the
sign.
3. As an option, the City can offer an alternate safety message to the
`Drive Safely' legend if desired by the family that would be
specific to the type of crash, and as long as it will fit on the sign.
Examples could be `Don't Drink and Drive', `Buckle Up', `Slow
Down', etc. A sign shall not indicate that the death was the result
of intoxicated driving unless the memorial request form is
accompanied by proof of a DWI conviction.
4. The sign will be mounted at a height of approximately 3.5' (42")
from the ground to the top of the sign.
VII. Cost
The applicant will incur the actual cost of the tree or fixture and plaque under the
Parks Memorial Program and the sign under the Roadside Memorial Program.
The City will install and remove the plaque or sign in accordance with this policy.
Once removed,the plaque or sign may be returned to the applicant upon request.
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