Finalized 01/24/2019 Revised 07/07/23 & 08/09/23
RULES AND REGULATIONS
Linden Cemetery Association
Linden, Texas
Table of Contents
I. Introduction and Purpose
II. Headstones, Footstones, Columbaria, Monuments, Markers, and Mausoleums
III. Interment
IV. Embellishment of Footstone, Headstone, or Plot
V. Permission for Interment or Disturbing a Plot
VI. Respect, Peace, and Tranquility of the Cemetery Setting
VII. Display of Flags
VIII. Organizational Status, Funding of the Association, and Change in Ownership
IX. Participation and Questions
X. Definition of Terms
XI. Applicable Texas Public Law Regarding Cemetery Rules and Regulations
I. Introduction and Purpose
The Linden Cemetery Association partners with all interested persons of our Cemetery to maintain a beautiful, dignified, and reverent setting, while being safe for both visitors and workers. The purpose of this document is to share the established rules of the Association and to express that everyone’s cooperation, support, and contribution is greatly appreciated.
II. Headstones, Footstones, Columbaria, Monuments, Markers, and Mausoleums
A. Only markers, headstones, and footstones shall be placed on plots. Monuments, mausoleums, columbaria, or any other structures are considered exceptions to the rules and require the written approval, by a majority vote, of the Board of Directors, for the design and placement location. Note that the presence of benches on plots existing at the time this rules document was approved (November 2018) has been grandfathered. If the grandfathered benches fall into disrepair, they will be removed at the direction of
the Board of Directors by a majority vote.
B. To prevent the occurrence of unmarked graves, it is expected that a permanent, identifying marker or headstone will be placed on all grave sites (plots) within 36 months of interment. The marker or headstone shall be inscribed with the first and last name, date of birth, and date of death of the person interred. Temporary markers provided by funeral homes at the time of interment shall be placed flat on the head portion of the plot. If an extension for the allotted time of 36 months is needed, a written request may be made to the Board of Directors.
C. Construction of all headstones, foot stones, or other approved structures shall be granite or marble or United States Bureau of Standards quality bronze.
D. Exceptions to the specifications for the markers and headstones described in this document shall be requested of the Board of Directors who may deny through a majority vote any object which, in their opinion, is not in keeping with general standards of good taste, appropriateness, and the Association’s rules.
E. The height of headstones shall be no more than five and one-half feet. All headstones require bases and each headstone shall be no closer than four inches to the interior edges of the lot. That is, there must be four inches between each edge of a headstone and the edge of the lot. No headstone or footstone shall be installed that interferes with the movement of the Cemetery maintenance equipment, future grave openings, or
extends beyond the boundaries of the designated lot.
F. Each lot is sized to accommodate up to three headstones of small to medium size and three foot stones or, two larger headstones and foot stones. See Section III. B regarding interment of cremains and related headstones and foot stones.
G. Maintenance of headstones, markers, and foot stones is the responsibility of the family or interested party.
H. No offensive inscriptions shall be permitted anywhere in the Cemetery. The Board of Directors, through a majority vote, shall have the right, and it shall be their duty, to remove any objects in violation of this rule. If the removal of such objects incurs any costs, the lot owner or immediate family may be liable for the cost.
III. Interment
A. No interment of a body other than that of a human shall be permitted.
B. Cremains may not be scattered. Cremains shall be inurned and interred, with written permission of a majority vote of the Board of Directors of the Linden Cemetery Association. The lot owner may inter cremains in the plot if the appropriate rigid receptacle such as wood, metal, plastic, or concrete is used. Cremains shall be identified permanently by a headstone, marker or military plaque with the first and last name, birth date, and death date. The name and location of the deceased must be recorded in the Linden Cemetery’s interment records. See Section II. Headstones, Foot stones, Columbaria, Monuments, Markers, and Mausoleums and Section V. Permission for Interment or Disturbing of a Plot. See the Association’s website for more details.
C. A combination of one casket and one individual’s cremains may be interred in a single plot.
D. Up to six cremains may be interred per individual plot. All cremains shall have a marker, placed flush with the ground with the name, date of birth, and date of death inscribed on it. Only one upright headstone is permitted per plot.
IV. Embellishment of Footstone, Headstone, or Plot
A. Flowers/decorations shall be placed only in a vase securely affixed to the headstone. Floral saddles shall be securely mounted on headstones. Decorations and flags shall be removed prior to them becoming unpleasant, frayed, or offensive to view. The groundskeeper will remove decorations if they become deteriorated.
B. Wired flowers/decorations, toys, figurines, and other objects shall be securely affixed to the headstone to avoid a mowing hazard.
C. Holiday embellishments shall be allowed annually during the no mowing time of December 1 through February 28. If not removed, they will be removed by the Cemetery groundskeeper. During this time, wreaths, baskets, etc. shall be firmly secured in the ground at the base of the headstone.
D. No live plantings, except for grass, shall be allowed on the lot.
E. Nothing shall be placed on the plot/lot other than the marker, headstone, and footstone. Examples of items not allowed on the plot shall include, but may not be limited to the following: floral/decorative easels and baskets, except for first (3) weeks of a fresh grave, shepherd hooks, fences, walls, retaining walls, curbing, blocks, metal rods, freestanding crosses or statues, decorative rock(s), stones, crushed stone, shells, brick chips, marble chips, mulch, artificial carpeting or grass, solar or other decorative lighting, glass, ceramic, or earthenware vases/containers, glass marbles or discs, glass decorations, bottles. The cemetery’s groundskeeper has the right to remove and dispose of unauthorized items without notice.
F. All photos of persons or things shall be allowed only as an inscription on a bronze or stone headstone or footstone. Photos that are attached separately to the markers, headstone, or footstone and/or covered with glass, metal, or other material are not allowed and are subject to removal by the cemetery’s groundskeeper.
G. The Board of Directors of the Association, through a majority vote, has the right to remove any plot embellishment or inscription which, in the opinion of the Directors is unsightly, dangerous, or otherwise inappropriate in the context of its surroundings.
V. Permission for Interment or Disturbing a Plot
A. Any and all digging on the Linden Cemetery property, disturbing of a plot, and opening/closing of a grave shall be performed exclusively by the Association’s contractor, the Linden Reeder-Davis Funeral Home, and includes, but is not limited to, opening/closing of a grave/grave site for interment (including cremains).
B. Prior to interment, the responsible representative of the individual being interred shall contact the Linden Reeder-Davis Funeral Home, phone 903-756-5211.
C. Prior to the interment, any funeral home other than the Linden Reeder-Davis Funeral Home, contracted to inter an individual or their cremains shall submit in writing their licensing and insurance information to the Linden Reeder-Davis Funeral Home to receive written permission for interment from the Linden Cemetery Association. Note the restrictions for digging in Section V, item A above.
D. When the Linden Reeder-Davis Funeral Home staff learns of a planned burial or need to disturb a plot or lot, they will notify the president of the Linden Cemetery Association. If the President is not immediately available, a member of the Executive Board or another designated board member will be notified. Notification is required before any burial or disturbance of a plot or lot. In turn, the president of the association or designated board member will notify the Linden Reeder-Davis representative immediately upon learning of a burial or need to disturb a plot/lot or headstone. Association members with responsibilities for notifications are required to keep their contact information current with Reeder-Davis.
E. All interments shall adhere to the Association’s interment rules found in this document.
VI. Respect, Peace, and Tranquility of the Cemetery Setting
A. No disrespectful behavior or actions disrupting the peace and tranquility of the Cemetery are allowed. This shall include, but is not limited to, the following:
a. sitting, standing, or climbing on any structure
b. tying balloons to a structure or releasing them at an interment
c. consuming or possession of alcohol or illegal drugs
d. behaving in a rude or lewd manner
e. talking in a loud voice, yelling, or playing loud music
f. fighting
g. playing or operating mechanical devices except for equipment used for official maintenance or interment
h. skateboarding
B. No pets shall be allowed on the Cemetery grounds.
C. Children under 16 years of age shall be permitted to visit only when accompanied by a responsible adult.
D. Only licensed and insured drivers shall drive in the Cemetery; drivers are liable for damage caused to any structure or improvement as the result of their driving or parking.
E. Vehicles shall be driven and parked on the pavement only. Parking on the edge of the pavement causes erosion of the edge, thus not allowed nor is parking on the grass.
F. Vehicles that may potentially damage the roads of the Cemetery shall not be allowed. Examples include all-terrain vehicles (ATV’s), heavy trucks, or heavy equipment.
G. Cemetery visiting hours shall be from daylight until dark, seven days a week, 365 days of the year. For the Cemetery’s protection, gates shall be locked at sunset and unlocked at sunrise.
VII. Display of Flags
A. United States of America Flags shall be displayed in accordance with the guidelines found at www.usa.gov/flag. Some examples of the guidelines are that no American Flag should be used to cover a statue or monument, should be flown aloft and free, never hung horizontally, no dirty, damaged, or torn flags permitted, no disfigurement, no attached mark, insignia, letter, word, figure, design, picture, or drawing. American Flags are not to touch the ground. The groundskeeper shall remove any flag that is in violation of the stated guidelines.
B. The United States of America Flag shall be illuminated on a flagpole on the grounds of the Cemetery 24 hours per day and shall be the only flag flown on the Cemetery’s flagpole.
C. Small United States of America Flags may be placed at the headstones of veterans in recognition of Veteran’s Day and Memorial Day. They shall be removed by the organization placing them one month after the holiday or when they become frayed, whichever is sooner.
VIII. Organizational Status, Funding of the Association, and Change of Ownership
A. The Association is a volunteer, nonprofit charity, and is funded solely by donations from individuals.
B. While the Association budgets and spends in a cost-effective manner for maintenance of the grounds, everyone’s help with funding is needed to cover the basic maintenance costs such as mowing, weed-eating, and pest control. The Cemetery is not a perpetual care Cemetery.
C. For funding to be achieved for the costs of maintaining the Cemetery (such as the basics of mowing and edging), the Cemetery needs donations on a monthly, quarterly, or annual basis. Remembering the Linden Cemetery in wills/trusts will assist with maintenance for the longer term. Donations may be made in person at the Linden Reeder-Davis Funeral Home or at the Texana Bank. Checks or money orders may be sent in care of the Treasurer of the Association, P.O. Box 863, Linden, Texas 75563. Automated electronic donations may be set up by following the instructions provided on the Association’s website.
D. Procedures for the transfer of the deed of a Cemetery lot follow:
a. If a change in the ownership of a Cemetery lot occurs, the seller or new owner, shall notify the Association’s contractor, the Linden Reeder- Davis Funeral Home, of the change in ownership so accurate records may be maintained and the rules of the Association may be provided to the new owner. Upon notification of a transfer of ownership, the representative of the Linden-Davis Funeral Home shall report the change to an Officer of the Association.
b. While not required, it is advisable for accurate record purposes, that the new owner on record the transfer of ownership with the Cass County Clerk’s office. Upon notification of the change in ownership, both the Linden Reeder-Davis Funeral Home and the Association Officer notified of the change in ownership, shall inform the new owner of the suggestion to transfer the ownership officially with the Cass County Clerk’s office.
c. In the event of the death of the deeded owner, the privileges of ownership shall pass according to Texas law.
IX. Participation or Questions
The Executive Board and Directors of the Linden Cemetery Association welcome all questions and invite participation. See the Association’s website for contact information. Association’s Website: https://lindencemeteryassociationtx.com
X. Definitions of Terms
A. “Association” means the Linden Cemetery Association, a nonprofit charity, volunteer group of lot owners, funded by donations.
B. “Cemetery lot” means the deeded 12 feet by 12 feet portion of land, accommodating up to three adult interments, with respective medium or small headstones and footstones. Several cremains can be interred with respective identifying markers.
C. “Cemetery plat” means the map, drawn to scale, showing the sold or planned Cemetery lots. The plat for the Linden Cemetery is maintained by the Officers of the Linden Cemetery Association.
D. “Cemetery plot” means an area of sufficient size to accommodate one adult interment.
E. “Cemetery space” means a deeded Cemetery lot. A space is a common term for a lot.
F. “Columbaria (plural) or Columbarium (singular)” means a burial vault or other structure with recesses in the walls for cremains. Columbaria follow the same rules as headstones and must be approved in writing by a majority vote of the Board of Directors of the Linden Cemetery Association.
G. “Directors” mean the Board of Directors of the Linden Cemetery Association.
H. “Footstone” means a shaped stone or flat bronze plaque marker at the foot of the plot, typically, a military marker, or a stone with a nickname such as Mother or Father engraved/inscribed on it.
I. “Interment” means the permanent disposition of the remains of a deceased person by inurnment, entombment, or burial.
J. “Marker/headstone” means a shaped stone laid over or erected at the head of the plot and inscribed with the name, date of birth, and date of death of the person interred.
K. “Mausoleum” means an external free-standing building enclosing the interment space for one or more persons. Mausoleums are considered exceptions to the rules and must be approved in writing by two of the Officers of the Linden Cemetery Association.
L. “Members of the Association” mean interested parties attending meetings of the Association.
M. “Monument” means a shaped stone extending above ground and not referring to a headstone or footstone. Monuments are considered exceptions to the rules and must be approved in writing by a majority vote of the Board of Directors of the Linden Cemetery Association.
N. “Officers” mean the officials elected by the Board of Directors of the Linden Cemetery Association including: President, Vice President, Treasurer, Assistant Treasurer, and Secretary. These officers constitute the Executive Board.
O. “Ownership” means the individual holding a deed to a Cemetery lot. Owner’s rights of a Cemetery lot are subject to the rules and regulations or bylaws/policies of the Association.
XI. Applicable Texas Public Law Regarding Cemetery Rules and Regulations
Source: https://texas.public.law/statutes/tex._health_and_safety_code_section_711.031
A. Cemetery organizations may adopt and enforce rules
a. concerning the use, care, control, management, restriction, and protection of the Cemetery operated by the Cemetery organization
b. to restrict the use of Cemetery property
c. to regulate the placement, uniformity, class, and kind of markers, monuments, effigies, and other structures in any part of the Cemetery
d. to regulate the planting and care of plants in the Cemetery
e. to prevent the interment of remains not entitled to be interred in the Cemetery;
f. to prevent the use of a plot for a purpose that violates the Cemetery organization’s restrictions
g. to regulate the conduct of persons on Cemetery property and to prevent improper meetings at the Cemetery, and
h. to consider other necessary items for the proper conduct of the Cemetery organization’s business, and for the protection of the premises and the principles, plans, and ideals on which the Cemetery was organized.
B. Rules adopted under this section must be plainly printed or typed and maintained for inspection in the Cemetery organization’s office or another place in the Cemetery prescribed by the Board (decided by a majority vote of the Board of Directors).
C. The Board of Directors, through a majority vote, may prescribe a penalty for the violation of a rule adopted under this section. The Cemetery Association may recover the amount of the penalty in a civil action.