Rules and Regulations
FIRST MEMORIAL PARK CEMETERY RULES & REGULATIONS
Revised May, 9 2022
First Memorial Park, Inc., a Texas cemetery corporation (the
cemetery organization) owns and operates First Memorial Park Cemetery of Von
Ormy, Texas (the cemetery). The cemetery organization is a for-profit cemetery
corporation. The cemetery is not a perpetual-care cemetery; consequently, the
cemetery organization has not established a perpetual-care fund. The cemetery
organization has adopted these rules and regulations in accordance with §
711.031 of the Texas Health and Safety Code to govern the conduct of all
persons entering the cemetery. All plot owners, visitors, contractors, and all
other persons entering the cemetery are subject to these rules and regulations,
and to any and all amendments to them hereafter adopted by the cemetery
organization.
1. Website.
The current version of these rules and regulations is
available on the cemetery’s website, firstmemorial.net. In addition to other
information, the website contains information regarding: • days and hours of
operation, • office hours, • unscheduled closings, • any special protocols that
may be required from time to time for COVID-19 or other health-related
emergencies.
2. Definitions.
As used in these rules and regulations, the
following terms have the meanings assigned below. a. Cemetery means First
Memorial Park Cemetery of Von Ormy, Texas. b. Cemetery organization means First
Memorial Park, Inc., a Texas nonperpetual-care cemetery corporation. c.
Certificate of ownership means a certificate issued by an authorized officer or
representative of the cemetery organization indicating the ownership of one or
more interment spaces in the cemetery. d. Certified plot owner means a plot
owner to whom the cemetery organization has issued a certificate of ownership. e.
Crypt means a casket space in a mausoleum in the cemetery used for—or intended
to be used for—the entombment of human remains. f. Grave means a burial space
in the cemetery. g. Interment space means a single grave, crypt, or niche in
the cemetery. h. Plot means an interment space in the cemetery and all adjoining
interment spaces owned by a single plot owner. Thus, a single plot may consist
of more than one interment space. i. Plot owner means a person who owns the
exclusive right of sepulture in a plot. Any plot owner that is not a
certificated plot owner is an uncertificated plot owner. j. Plot representative
means a person designated by all certificated plot owners to represent the
plot. The term includes both persons whose authority is irrevocable and those
whose authority is revocable, provided that no notice of any revocation of the
authority has been delivered to the cemetery organization. k. Memorial means a
monument, tombstone, gravemarker, or headstone identifying a grave or a
nameplate with inscription identifying a crypt or a niche. l. Monument means an
upright memorial made principally of stone. m. Niche means a space in a
mausoleum or columbarium in the cemetery used or intended to be used for the
inurnment of cremated human remains. n. Right of interment. The right of a
person to be interred in a particular plot even if the person does not own the
right of sepulture to the plot. o. Right of sepulture. The exclusive right to
intern human remains in a grave or crypt or, as the case may be, cremated human
remains in a niche. p. Urn means a container designed to hold cremated human
remains.
3. Plot Ownership.
3.1. The ownership of each interment space sold by
the cemetery shall be indicated by a certificate of ownership. 3.2. Each plot
purchased in the cemetery may consist of one or more interment spaces. By
purchasing a plot in the cemetery, the plot owner purchases only the exclusive right of sepulture to the interment space or spaces forming in the
plot. The cemetery may convey to a plot owner more than one plot in a single
certificate of ownership. 3.3. If the cemetery intends to sell—and a plot owner
intends to purchase— the right of sepulture to more than one interment space in
a single contract, then it shall be the responsibility of both the cemetery and
the plot owner to ensure that each interment space intended to be purchased by
the plot owner is properly and separately identified in both the contract and
the certificate of ownership. 3.4. Each interment space in the cemetery may be
used only for the interment of the remains of deceased human beings, and no
interment space in the cemetery may be used for any other purpose.
Specifically, pets may not be interred in the cemetery. 3.5. Although a
certificate of ownership provides some evidence of the ownership of an
interment space in the cemetery, a certificate of ownership is not a negotiable
certificate of title. The ownership of a specific interment space in the
cemetery is determined solely from the records of the cemetery organization.
Nevertheless, the cemetery organization may refuse to issue a new certificate
of ownership (following a transfer of plot ownership) or a replacement
certificate (upon the loss, misplacement, or destruction of a certificate of
ownership) unless (a) the original certificate of ownership is surrendered to
the cemetery organization or an affidavit explaining the absence of the
certificate is provided to the cemetery organization and (b) a transfer fee is
paid in full to the cemetery. 3.6. Any interment space in the cemetery is
presumed to be the separate property—as contrasted to the community property—of
a married plot owner. This presumption is irrebuttable. Nevertheless, if both
spouses are identified as the owners of an interment space in the cemetery,
then they are presumed to own the interment space as joint tenants with right
of survivorship under Rule 4.
4. Multiple Plot Owners.
4.1. More than one
person may be identified as the owners of the right of sepulture to interment
spaces conveyed in a single certificate of ownership. 4.2. Unless the
certificate of ownership indicates otherwise, the plot owners identified on a
single certificate of ownership are presumed to own each plot identified on the
certificate as joint tenants with right of survivorship. This presumption is
irrebuttable. The surviving spouse or child of a deceased joint plot owner
shall have no right of interment in any such plot provided that at least one
joint plot owner survives the deceased joint plot owner. 4.3. If any such plot
consists of more than one interment space, then each plot owner shall own an
equal undivided interest in each interment space forming a part of the plot.
4.4. When more than one person owns a single plot, the certificated plot owners
may unanimously designate a plot representative in accordance with Rule 5. 4.5.
If a notice designating a plot representative is not delivered to the cemetery
organization, then the cemetery organization may inter or permit an interment
in the plot at the request or direction of any certificated owner of the plot.
Any other action concerning the plot, however, requires the unanimous, written
approval or consent of each certificated plot owner, including, without
limitation: (a) consent to a second or third interment in a single interment
space in the plot; (b) consent to the disinterment of remains from any
interment space in the plot; (c) transfer of an interment space in the plot;
and (d) decisions regarding the design and placement of markers and monuments
on the plot. 4.6. If an uncertificated plot owner who owns an undivided
interest in an interment space pays the required transfer fee and submits to
the cemetery organization the required documentation, then the cemetery
organization will issue a certificate of ownership to the plot owner that duly
reflects the ownership of an undivided interest in the interment space.
5.
Designation of Plot Representative.
5.1. If two or more persons own a single
plot, then they may collectively designate a person to serve as the plot
representative. To do so, each certified plot owner must sign and deliver to
the cemetery organization a written notice of the designation on a form
provided by, or otherwise acceptable to, the cemetery organization. 5.2. The
written designation may provide that the authority granted to the
representative is (a) irrevocable; (b) irrevocable for a period; or (c)
revocable. If the authority of the plot representative is irrevocable for a
period, then that period must be clearly defined. If there is any ambiguity
whether the authority of the plot representative is irrevocable, then the
cemetery organization may assume that the plot representative’s authority is
revocable. 5.3. If the authority of a plot representative is revocable, then
any certificated plot owner may revoke the plot representative’s authority to
represent the plot by delivering to the cemetery organization a written notice
of revocation signed and dated by the certificated plot owner. The signature of
the certificated plot owner must be properly acknowledged before a notary
public who must provide a proper certificate of the acknowledgment and affix
the notary’s seal to the instrument. 5.4. No revocation of the plot
representative’s authority is binding on the cemetery organization until a
proper written notice of the revocation delivered to the cemetery organization.
Though a plot representative’s authority may be revocable when the cemetery
organization is dealing with the representative, the cemetery organization may
nevertheless deal with the representative until a proper written notice of
revocation is delivered to the cemetery organization. Once notice of the
revocation of a person’s authority has been delivered to the cemetery, the
person ceases to be a plot representative. 5.5. If a plot representative’s
authority is properly revoked by a certificated plot owner, then no one may
inter remains in an interment space in the plot until the cemetery organization
is shown satisfactory proof that the plot representative and all certificated
plot owners have been given at least three-days’s notice of the revocation or
have consented in writing to the interment. 5.6. If a plot representative’s
authority is irrevocable, then the cemetery organization shall follow the
directions provided by the designated plot representative and shall follow only
the directions of the plot representative. That is to say, it shall not follow
directions provided by any individual plot owner who is not also the designated
plot representative. 5.7. The cemetery organization shall have no liability for
following the directions of a plot representative.
6. Transfer of Plot Ownership
During Life of Plot Owner.
6.1. During a plot owner’s lifetime, a certificated
plot owner may transfer the right of sepulture in an interment space, but only
by (1) filing with the cemetery organization a written declaration of the
transfer which specifies the particular interment space to be transferred and
the name of person to whom it should be transferred and (2) paying to the
cemetery a transfer fee in the amount then specified on the cemetery’s fee
schedule. 6.2. If more than one person owns the right of sepulture in a plot,
then the written declaration of transfer must be signed either (1) by a plot
representative or (2) by all surviving certificated plot owners sign the
written declaration of transfer. 6.3. Once an appropriate written declaration
of transfer has been duly signed and delivered to the cemetery organization and
the transfer fee has been paid in full, the cemetery organization will issue a
new certificate of ownership to the new plot owner or owners designated in the
written designation of transfer. 6.4. The cemetery organization will not
issue a new certificate of ownership until the current plot owner has also paid
in full all indebtedness, if any, owed to the cemetery organization in
connection with the plot. 6.5. Once the cemetery organization has issued a new
certificate of ownership in accordance with this rule, all statutory rights of
interment, if any, previously belonging to the children of a former plot owner
are void.
7. Transfer of Plot Ownership Upon Death of Plot Owner.
7.1. Transfer
of a plot upon the death of a plot owner will be handled in accordance with
this Rule 7. 7.2 If (1) the certificated plot owner made a specific disposition
of an interment space in the plot by express reference to the interment space
in the plot owner’s will, (2) the will is admitted to probate, and (3)— • if
the clerk of the probate court has issued letters testamentary or of
administration to an executor or administrator with will annexed duly appoint
by the probate court, then the cemetery will transfer the interment space to
the beneficiary named in the will in accordance with instructions provided by
the executor or administrator upon being provided with (a) certified copies of
the will and the order admitting it to probate and authorizing the issuance of
letters testamentary or of administration (b) an original letter testamentary
or of administration that is less than 60 days old. • if the probate court has
admitted the plot owner’s will to probate as a muniment of title only, then the
cemetery organization will transfer the interment space to the beneficiary
named in the will once the cemetery organization has been provided with a
certified copy of the plot owner’s will and a certified copy of the order
admitting it to probate as a muniment of title. 7.3. If the plot owner failed
to make a specific disposition of an interment space by express reference to it
in the plot owner’s will, then the cemetery organization will transfer it to
the plot owner’s heirs at law as determined by a probate court of competent
jurisdiction. 7.4. No transfer of a plot in the cemetery will be made following
the death of a plot owner until all necessary paperwork has been received by
the cemetery organization and a transfer fee has been paid in the amount then
specified on the cemetery organization’s current fee schedule. Tex. Health
& Safety Code Ann. § 711.039(b), (c). 7.5. Once the cemetery organization
has issued a new certificate of ownership in accordance with this rule, all
statutory rights of interment, if any, previously belonging to the children of
a prior plot owner are void.
8. Rights of New Plot Owners.
8.1. Only a
certificated plot owner may exercise the rights and privileges of a plot owner
in the cemetery. Thus, no beneficiary under a deceased plot owner’s will, no
heir of a deceased plot owner who died intestate, and no other transferee of a
right of sepulture from a plot owner, whether the transfer occurs by operation
of law or otherwise, may exercise any of the rights and privileges of a plot
owner unless and until the appropriate transfer fee has been paid and the
cemetery organization has issued a certificate of ownership to the transferee.
8.2. Any transferee of an interment space in the cemetery from a plot owner
must inquire whether the transferring plot owner is married. If so, then the
transferee is cautioned to make sure that the transferring plot owner’s spouse
either joins the transfer or consents to it in writing. Otherwise, the
transferee of an interment space receives the transfer subject to the vested
right of interment owned the former plot owner’s spouse as described in Rule 9.
9. Rights of Interment.
9.1. Texas law provides a vested right of interment to
a plot owner’s spouse as follows: (b) The spouse of a person to whom the
exclusive right of sepulture in a plot is conveyed has a vested right of
interment of the spouse’s remains in the plot while the spouse is married to
the plot owner or if the spouse is married to the plot owner at the time of the
owner’s death. (c) An attempted conveyance or other action without the joinder
or written, attached consent of the spouse of the plot owner does not divest
the spouse of the vested right of interment.1 9.2. The spouse’s vested right of
interment terminates, however, once the spouse and plot owner are legally
divorced, unless the final decree of divorce provides otherwise. It also
terminates if the spouse’s remains are interred elsewhere upon the spouse’s
death. 9.3. A married certificated plot owner who desires to transfer—or permit
an interment in—an interment space in which the plot owner’s spouse has a
vested right of interment may not do so without the prior written consent of the
plot owner’s spouse. If the plot owner’s spouse consents in writing to the
transfer or interment, then the spouse’s vested right of interment in the
interment space terminates upon the transfer or interment. 9.4. If a plot owner
dies and is interred in the plot, then the deceased plot owner’s children have
a limited right of interment in the plot. Under those circumstances, the plot
owner’s children, in order of need, may be interred in any remaining unused
interment spaces in the plot without the consent of any person claiming an
interest in the plot. As used in is paragraph, the term need means only need of
interment, not financial need. 9.5. The surviving spouse or a child of an
interred plot owner may each waive the person’s right of interment in the plot
but only in favor of (a) a relative of the plot owner or (b) a relative of the
plot owner’s spouse. The person in whose favor the waiver is made may then be
interred in the plot. 9.6. If, during the life of a plot owner’s spouse, the
spouse appointed an agent other than the plot owner to control the disposition
of the spouse’s remains, and if, upon the spouse’s death, the agent so
appointed directs that the spouse’s remains shall be interred in an unused
interment space owned by the plot owner, then, absent an order from a court of
appropriate jurisdiction, the cemetery organization shall permit the interment
as directed, even over the objection of the plot owner, because Texas law
grants the spouse a vested right of interment in the plot. 9.7. Conversely, if,
during the plot owner’s life, the plot owner appointed an agent other than the
plot owner’s spouse to control the disposition of the plot owner’s remains, and
if, upon the plot owner’s death, the agent so appointed directs that the plot
owner’s remains shall be interred in an unused interment space owned by the
plot owner in the cemetery, even if only one unused interment space remains, then,
absent an order from a court of appropriate jurisdiction, the cemetery
organization shall permit the interment of the plot owner’s remains in the
interment space, even over the objection of the plot owner’s spouse or of any
other person claiming to own the interment space as a result of the plot
owner’s death. Until Texas law on this subject is clarified, the cemetery
organization will assume that the deceased plot owner’s right of sepulture in
an interment space purchased by the plot owner during life is superior to any
mere right of interment in the plot owned by the plot owner’s spouse.
10.
Interments.
10.1. The cemetery organization will permit an interment in the
cemetery only on the written direction of a certified plot owner or a plot
representative duly appointed by all certified plot representatives. 10.2. No
interment in the cemetery shall occur until all papers required by the cemetery
organization have been signed and all charges have been paid in full.
Therefore, to avoid delays: • all necessary arrangements must be made, • all
necessary documents must be signed, and • all required charges must be paid at
least 72 hours prior to a scheduled interment service. If this deadline is
missed, then in its discretion the cemetery organization may delay or cancel
any service previously scheduled. 10.3. The cemetery organization shall not be
liable for any delay in any interment where a protest to the interment has been
made or where the rules and regulations have not been complied with; and,
further, the Cemetery reserves the right, under such circumstances, to place
the body in a temporary mausoleum crypt until the full rights have been
determined. 10.4. A single grave may not contain more than: a. three adult
caskets, providing that a triple-depth interment was chosen as first burial; b.
three adult casket and one infant or cremation burial, providing that a
triple-depth interment was chosen as first burial; or c. four urns containing
cremated remains. 10.5. No burial of a casket over three feet in length will be
made unless there has been provided an outer container or receptacle of
concrete or such other material which the cemetery organization will deem to
have comparable strength or resistance to deterioration. The only exceptions to
foregoing rule are for all burials in Garden of Friendship and for services
provided for the pauper burial program. 10.6. Grave-side funerals services must
start no later than 3:00 p.m., on Mondays through Fridays and noon on
Saturdays. 10.7. Since most interments occur outdoors, plan ahead. Make sure
that the clothes you wear to the service are appropriate for the weather and
time of year. Also, due to the forces of nature and other outdoor elements,
make sure to read safety signs. If you feel that a certain path inside the
cemetery is too dangerous for you to walk on, don’t! Check to see if the
cemetery office provides escorts. If so, an escort will be able to guide you
safely to an interment space. 10.8. The cemetery organization shall have the
right to enter upon or use any adjoining plots to carry out its duties
with respect to interments, erection of monuments or markers, and general
maintenance without prior notice to, or approval from, the affected plot
owners.
11. Hours of Operation.
11.1. The cemetery organization intends for the
cemetery grounds and office to be open according to the following schedule. Of
course, any schedule is subject to change at the last minute due to unexpected
or unforeseen circumstances. These may include, among other circumstances, acts
of God, strikes, insurrection, riots, accidents, inclement weather, and
illness. 11.2. Cemetery grounds. The cemetery grounds shall open as follows: Everyday 8 am to 6pm (Standard Time) or 7 pm (Daylight Savings Time) Occasionally the grounds will be closed for clean up after strong wind or heavy rain. Notice will be posted online and on the cemetery gates. 11.3. Cemetery office. The cemetery office
shall be open as follows: Monday–Friday 9 am to 5 pm: Saturday: Appointment Only: Sunday: Appointment Only 11.4. Any person
found on the cemetery’s grounds outside of the normal hours of operation as
indicated above or while the gates to the cemetery are closed will be
considered a trespasser.
12. Loss or Destruction of Certificate of Ownership.
12.1. If a certificate of ownership is lost, misplaced, or destroyed, the
cemetery organization will issue a replacement certificate of ownership in
accordance with the procedure provided in this rule. 12.2. To receive a
replacement certificate of ownership, all appropriate persons must deliver to
the cemetery organization the required fee and each of the following documents:
a. A request for replacement certificate of ownership signed under oath before
a notary public which explains to the satisfaction of the cemetery organization
the circumstances surrounding the loss of the original certificate. b. An
agreement to indemnify the cemetery organization and its officers, directors,
agents, successors, and assigns from any loss or damage caused by or arising
from the issuance of the replacement certificate. 12.3. If there is only one
plot owner, then the sole plot owner is the appropriate person. But if there is
more than one plot owner, then— a. If the plot owners have duly designated a
plot representative, then the plot representative is the appropriate person. b.
Otherwise, each plot owner is an appropriate person.
13. Prohibited Activities.
13.1. A plot owner may not receive compensation or remuneration of any sort for
allowing a person to be interred in an interment space owned by the plot owner
in the cemetery. 13.2. No person, other than an employee of the cemetery
organization may set any marker, monument or other memorial or perform any
other work in the cemetery without first receiving written permission from the
cemetery organization. Before receiving written permission to perform work in
the cemetery, the person must sign the required agreement and provide the
cemetery organization with a current certificate of general liability insurance
acceptable to the cemetery organization having a minimum limits of liability in
the amount of One Million Dollars for (a) general liability; (b) commercial
auto; and (c) worker’s compensation. If the policy does not provide blanket
coverage, then it must list the cemetery organization as an additional co-loss
payee. 13.3. Dogs are not permitted inside the cemetery unless they are kept on
leashes or in a vehicle. 13.4. Alcoholic beverages and illegal drugs are
prohibited inside the cemetery. 13.5. No signs, notices, or advertisements of
any kind are permitted inside the cemetery unless put in placed by the cemetery
organization. 13.6. No peddling or soliciting by anyone other than the cemetery
organization is permitted inside the cemetery. 13.7. No one may plant or dig
inside the cemetery without the prior written approval of the cemetery
organization. 13.8. The scattering of cremated remains inside the cemetery is
prohibited.
14. Enforcement of Rules and Regulations.
14.1. When you visit the
cemetery, it is unlikely that you will be the only person there to visit a
loved one. While it’s good to express yourself in a way that you feel
comfortable, it’s also courteous to remember those around you. Playing loud
music, shouting, or otherwise being disruptive may make visitation hard for
others. The cemetery organization may regulate any disruptive behavior at the
cemetery. 14.2. Under Texas law, the cemetery organization, acting by and
through its authorized officers and employees, has the same powers, duties, and
immunities as those granted by law to a constable or sheriff of Bexar County,
Texas. The cemetery organization shall maintain order and enforce these rules
and regulations and state law in the cemetery and as near the cemetery as
necessary to protect cemetery property.
15. Notices and Consents.
15.1. Each
plot owner and plot representative must keep the cemetery organization informed
in writing of the person’s current mailing address. The cemetery organization
may send any notice or other communication to the most recent mailing address
provided in writing to the cemetery organization by the person. The cemetery
organization shall have no duty to discover the person’s current address, if
different from the most recent mailing address provided in writing to the
cemetery organization. The cemetery organization shall have no duty to send any
further notice or communication to the person at the person’s most recent
mailing address on record with the cemetery organization once two letters
properly addressed to the person at that address have been returned to the
cemetery organization unclaimed. 15.2. If a plot owner or plot representative
provides the cemetery organization with an e-mail address, then the cemetery
organization may, but is not required to, send any notice or other
communication to the person at the e-mail address so provided. 15.3. Any notice
required to be given by these rules and regulations must be given in one of the
following methods. a. Written waiver. A person to whom the notice must be given
may sign a written waiver of the notice. To be effective, the written waiver of
notice must be dated; it must be signed by the person receiving the notice; and
the person’s signature on the waiver must be duly acknowledged by a notary
public who must provide a proper certificate of the acknowledgment and affix
the notary’s seal to the instrument. b. Receipted delivery. The notice may be
given by any commercial delivery service that obtains a receipt signed by the
person to whom the notice is delivered. c. Mail. The notice may be
given by mail. Any notice given by mail must be sent by U.S. certified mail,
return receipt requested. The letter must be properly addressed and postage
must be fully prepaid. 15.4. When notice is properly waived, the notice shall
be deemed given on the date the written waiver is signed and acknowledged. When
notice is given by receipted delivery, the date of the receipt of delivery is
deemed to be the date that notice is given. When notice is given by certified
mail, return receipt requested, the date of delivery of the certified letter as
indicated on the return receipt is deemed to be the date on which the notice is
given. If no date appears on the return receipt, then the notice shall be
deemed given on day that the certified letter was delivered to the recipient as
indicated on the official public website of the U.S. Postal Service. If no
delivery is indicated on the official website of the U.S. Postal Service, then
the letter shall be deemed delivered the tenth day following the date that the
letter was mailed. 15.5. Whenever these rules permit an action to be taken upon
a person’s consent, such consent must be (a) written, (b) signed and dated by
the person giving the consent, and (c) properly acknowledged before an
authorized notary public who must provide a proper certificate of the
acknowledgment and affix the notary’s seal to the instrument.
16. Improvements
and Maintenance at the Cemetery.
The cemetery organization alone has the sole
right and authority to manage, maintain, and improve the lands, buildings,
roads, walks, and other improvements at the cemetery. 17. Vehicles and Cemetery
Roads. 17.1. Vehicles may be used inside the cemetery only for transporting
persons to interment spaces. The speed limit on all cemetery roads is 10 miles
per hour. 17.2. All vehicles must be driven only on paved cemetery roads. No
one may park or drive on any garden or grassy area without express permission
from the cemetery organization. 17.3. No bicycles, skates, go-carts,
motorcycles, horses, or other animals are permitted inside the cemetery without
the prior, written approval of the cemetery organization.
18. Flowers and other
decorations.
18.1. The cemetery organization reserves the right to remove all
flowers, wreaths, and other decorations from plots as soon as they become
unsightly. During summer months this may be as soon as one week. 18.2. Flower
arrangements are allowed on plots in approved vases. Ceramic and glass
containers are prohibited. 18.3. Items not allowed to be placed on a lot within
the cemetery include, but are not limited to shepherd’s hooks, standup
decorations, coping, curbing, decorative rocks, fencing, hedging, grave mounds,
borders or enclosures. No decorations of any type are permitted in trees. 18.4.
Flags may be placed on graves on Memorial Day, the Fourth of July, Flag Day,
and Veterans Day. Flags should be kept to 12” by 18” in size or smaller. Flags
are subject to removal by the cemetery organization ten days after the holiday.
18.5. Trees and shrubs are placed throughout the cemetery by the cemetery
organization for overall beauty and serenity of the grounds. Any planting not
approved by the cemetery organization may be removed without notice to the lot
owner. 18.6. Certain plots embrace a tree that may interfere with space that
otherwise might be used for burial. In such a case, the cemetery organization
will make any adjustments needed to provide the burial service in selected
plot. If tree removal is needed the cemetery organization will remove it at its
own expense. 18.7. Glass and solar lights are prohibited inside the cemetery.
18.8. The cemetery organization has the right to remove all objects whose
appearance and condition warrant removal or violate these rules and
regulations. 18.9. The cemetery organization is not liable for the loss of—or
damage to—any flower or other item of decoration left on an interment space,
even if the damage is caused by the cemetery organization. Families are warned
that routine maintenance such as the mowing of grass and the trimming of weeds
and grass near plots may cause the inadvertent loss of, or damage to, flowers
and other items of decoration left on an interment space.
19. Markers and
Memorials.
19.1. All memorials must be made of the highest quality standard
bronze or of granite approved by the cemetery organization. Further, all
markers, memorial, and foundations to be placed with the cemetery must conform
to the following standards:
• Single grave flat marker: 2 feet x 1feet x 4 inches
• Single grave upright marker: 3 feet x 1 foot-2 inches x 6 inches
• Cremation marker: 1foot-8 inches x 1foot x 4 inches
• Two side-by-side graves: 6 feet x 1 foot-2 inches x 8 inches
19.2. No marker or
memorial may be place in the cemetery without the prior written approval of the
cemetery organization. Further, the cemetery organization may reject any
proposed marker or memorial that, because of its size, type, design,
inscription, quality, color or method of construction, is unsuitable for the
particular interment space on which it is to be placed. The cemetery
organization reserves the right to prevent the placement of—and to remove—any
marker or other object that does not comply with the standards adopted by the
cemetery organization. 19.3. All markers and memorials must be purchased either
from the cemetery organization itself or from producers or retail dealers
approved by the cemetery organization. 19.4. No marker or monument will be
accepted by the cemetery organization for installation unless a foundation form
approved by the cemetery organization has been properly installed and all
required fees have been paid in full. 19.5. All fees due with respect to an
interment space must be paid in full prior to the installation of any memorial
or memorial, including any installation and foundation fee. 19.6. Orders for
headstones and markers will not be processed until the cemetery organization
has received payment in full. Changes to any such order must be made in
writing, including a detailed description of all changes, prior to final
payment. Any such change must be approved in writing by all parties. Since the
cemetery organization will process the order for a headstone or marker once it
has received payment in full, notice of any change to the order must be
delivered to the cemetery organization before it has received payment in full
for the order. All markers and headstones purchased through the cemetery
organization will be ordered from a third party once final payment has been
received and processed. 19.7. If any memorial or marker placed inside the
cemetery must be removed to permit the cemetery organization to make an
interment or disinterment, then the cemetery organization shall have the right
to remove the memorial without notice to the plot owner. If this occurs, the
cemetery shall replace the marker or memorial as quickly as possible. 19.8. The
cemetery organization may, at its own expense, without any liability, correct
any error that may occur in the placing of a foundation or memorial. 19.9.
The cemetery organization shall set all markers and memorials in accordance
with the general plan adopted by the cemetery organization. Not more than two
memorials may be placed on a grave, one at the head and the other at the foot,
unless otherwise approved by the Cemetery.
20. Mausoleum.
20.1. All entombments
or inurnments in the mausoleum must be performed by regular employees of the
cemetery organization. All remains to be entombed in the mausoleum must be
embalmed. 20.2. All such entombments must be made in a casket with of a
standard size that is no larger than 2 feet-5 inches x 6 feet-11 inches x feet (29 inches x 83 inches x 24 inches).
20.3. The cemetery organization will decide on the style for all inscriptions,
lettering, or crypt plates on the crypt or niche fronts to ensure uniformity.
20.4. The cemetery organization reserves the right to limit floral tributes.
Only one floral tribute per individual crypt or niche is allowed. It must be
placed on holders where provided. 20.5. The cemetery corporation reserves the
right to remove all flowers, wreaths or other decorations from the mausoleum as
soon as they become unsightly. 20.6. No decorative objects or photos may be
affixed to the crypt fronts by tape or other means. No toys, glass containers,
ceramic containers or like objects shall be permitted in the mausoleum. All
such unauthorized items will be removed by the Cemetery without notice. 20.7.
All niche spaces in the mausoleum are intended for an individual inurnment. A
suitable urn is required.
21. Removal of Remains.
21.1. Remains may be removed from
a plot in the cemetery in accordance with § 711.002 of the Texas Health and
Safety Code with the written consent (a) of the cemetery organization, (b) of
the current plot owner or owners, and (c) of the following persons in the
priority listed: (1) the decedent’s surviving spouse; (2) the decedent’s
surviving adult children; (3) the decedent’s surviving parents; (4) the
decedent’s adult siblings; or (5) the adult person in the next degree of
kinship in the order named by law to inherit the estate of the decedent. A
person listed in clause (c) above may consent to the removal only if there is
no person in a priority listed before that person. 21.2. If a consent required
by § 21.1 of these rules and regulations cannot be obtained, the remains may be
removed by permission of a county court of the county in which the cemetery is
located. Permission of the county court shall be sought by filing an
application with the county court and by giving all notices required by §
711.002. 21.3. In an emergency circumstance that necessitates the immediate
removal of remains before the date on which the court is required to hear an
application for permission to remove remains, the cemetery organization may
remove remains from one interment space in the cemetery to another interment
space in the cemetery without the court hearing. The cemetery organization
shall send written notice of the removal by certified mail, return receipt
requested, to the last known address of the persons designated in § 21.1 of
these rules and regulations not later than the fifth day after the date the
remains are removed. The notice must indicate that the remains were removed,
the reason for the removal of the remains, and the location of the reinterment
of the remains. “Emergency circumstances” means a natural disaster or an error
in the interment of remains.
22. Frequently asked questions.
Maintaining graves
is a very important task for our staff. Some common questions we hear involve
how long it takes for a grave to settle, what the process entails, and when
grass will be planted.
What is grave settling? Grave settling is the process of
the earth (soil, clay, etc.) surrounding the burial readjusting.
How long does
is take a grave to settle? The duration of time it takes for a grave to settle
varies greatly on the season, type of burial, and other external factors.
However, on average its takes about a year for a grave to fully settle.
What is
the process of leveling a grave? Directly after the burial, the outer burial
container is surrounded by filler. While many cemeteries use only soil, we use
fill sand to the top of the liner and then soil from the vault to the top of
the grave. Sand is much more durable against water and therefore speeds and
assists in the settling process. As the grave settles throughout the year,
additional soil is added.
When will grass be planted? Grass will be
planted on a grave before the grave has settled completely. Typically, the
first seed application will occur within a few months of the burial, depending
on the season. As the grave continues to settle throughout the year, more soil
and seed are applied until the grave is level and the grass has grown in fully.
Please keep in mind that grass seed cannot be planted during summer and winter
months as the seeds will not germinate. We understand that leveling and seeding
can cause distress to a family and we ask for your patience during the process.
When can a memorial or monument be placed? This answer varies depending on the
individual situation. Many memorials can be set soon after the burial, weather
permitting. The type of memorial (flush or above ground) will also affect how quickly
it can be placed on a grave. It is also important to consider the production
time of the memorial and if a poured cement foundation is required. Generally,
memorials are not able to be set during late fall through early spring.
23.
Correction of Errors and Limitation of Liability.
23.1. The cemetery
organization reserves the right to correct any mistake or error made by any
officer, director, employee, contractor, agent, representative, or attorney of
the cemetery organization in accordance with the terms of this rule. 23.2. If
the cemetery organization inadvertently sells to a person a plot that has
already been sold to another person, then the cemetery organization may cancel
the second sale, void any certificate of ownership issued in connection with
the sale, and refund to the person all consideration paid to the cemetery
organization for the plot. The person shall have no further recourse against
the cemetery organization. 23.3. If the cemetery organization inadvertently
inters remains in the wrong interment space, then the cemetery organization may
transfer the remains from the wrong interment space to another interment space
in the cemetery without a court hearing in accordance with § 21.3 of these
rules and regulations and applicable law. In that event, the cemetery
organization shall refund to the person all consideration paid to the cemetery
organization. If the person decides to leave the remains in the new interment
space, then the cemetery organization shall issue to the person a certificate
of ownership to the space. If the person decides to move the remains, then the
cemetery organization shall consent to the disinterment and, if and when all
necessary consents are obtained, open the space at no charge to the person to
facilitate the disinterment. The person shall have no further recourse against
the cemetery organization. 23.4 If the cemetery organization inadvertently
issues to a person a certificate of ownership that incorrectly describes the
interment spaces sold or the identity of the owner or owners or that includes
any other mistake of any kind, then the cemetery organization may cancel the
incorrect certificate and issue a new certificate in proper form. If the person
disagrees with the new certificate and the disagreement cannot be resolved by
the parties, then the cemetery organization may cancel the new certificate and
refund to the person all consideration paid to the cemetery organization in
connection with the incorrect certificate. The person shall have no further
recourse against the cemetery organization. 23.5. If the cemetery organization
makes a mistake involving a marker, monument, or other memorial, then the
cemetery organization shall correct the mistake by providing the correct
marker, monument, or memorial. Once the cemetery organization has been notified
of the error and has corrected it, the person who ordered the marker, monument,
or memorial shall have no further recourse against the cemetery organization.
23.6. If the cemetery organization makes any other mistake or error, then the
cemetery organization may take any action necessary or appropriate to correct,
revise, reverse, remedy, or otherwise fix the mistake or error. Any person
affected by the mistake or error shall have no further recourse against the
cemetery organization. 23.7. If any mistake or error involves a person not
receiving an interment space that the person contracted to receive from the
cemetery organization, then the cemetery organization may offer the person a
different interment space in the cemetery of equal or greater value located to
the extent possible in a similar location. If the cemetery organization elects
not to offer the person a different interment space or if the person rejects
the proffered space, then the cemetery shall return to the person all
consideration paid by the person to the cemetery organization. The person shall
have no further recourse against the cemetery organization. 23.8. In all cases,
the cemetery organization shall have no liability to any person greater than
the consideration, if any, that the person paid to the cemetery organization,
unless the person can prove that an officer, director, employee, contractor,
agent, representative, or attorney of the cemetery organization acted with a
conscious intent to cause injury or harm. Specifically, the cemetery
organization shall never be liable to any person for conduct that is merely
negligent or even grossly negligent. 23.8. Regardless of the mistake or error,
the cemetery organization shall not be liable to any plot owner or any other
person for special, consequential, or incidental damages arising from an error
or mistake. Nor shall the cemetery organization be liable to any person for
mental anguish damages allegedly arising from a mistake or error. Regardless of
the error or mistake, neither the cemetery organization nor its officers,
directors, employees, contractors, agents, representatives, or attorneys shall
be liable to any person in an amount exceeding the consideration paid to the
cemetery
FIRST MEMORIAL PARK CEMETERY RULES & REGULATIONS rev. May
9, 2022