Rules

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RULES, REGULATIONS AND RESTRICTIONS ADOPTED BY REST-EVER
MEMORIAL PARK, INC., GOVERNING THE OWNERSHIP IN AND
OPERATION OF THE PROPERTY IN THE SUBDIVISION KNOWN AS THE
SALADINER SUBDIVISION.
The following rules, regulations and restrictions pertaining to and governing the
operation of Rest-Ever Memorial Park, Inc., are hereby adopted. All persons owning
any lot or lots therein, and making interment therein, and making use of the
cemetery, shall be bound by and shall observe the rules and regulations hereby
promulgated, as follows:
PURPOSE
1. These rules and regulations are designed for the protection of owners of
interment rights as a group. They are intended, not as restraining, but rather as
preventing the inconsiderate from taking unfair advantage of others. Their
enforcement will help protect your Cemetery and create and preserve its beauty.
These rules and regulations are hereby adopted as the rules and regulations of the
Rest-Ever Memorial Park, Inc. All owners of interment rights, visitors and
contractors performing work within the Cemetery, shall be subject to said rules
and regulations, as well as amendments or alterations as shall be adopted by Rest-
Ever Memorial Park, Inc. from time to time.
DEFINITIONS
2. The term “Cemetery,” as used in these rules and regulations, is hereby defined to
mean the Rest-Ever Memorial Park, Inc., cemetery and shall be applicable to
such cemetery only.
3. The term “Owner” shall mean the owner of rights of interment.
4. The term “Interment” shall mean cremation and interment, entombment or burial
of the remains of a deceased person.
5. The term “Memorial” shall mean any marker or structure upon or in any lot or
niche, placed thereupon or therein or partially therein for the purpose of
identification or in memory of the interred.
6. The term “Contractor” as used in these rules and regulations shall mean any
person, firm or corporation or anyone engaged in placing, erecting or repairing
any memorial, or performing any work in the Cemetery grounds, other than an
employee of the Cemetery.
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6a. The term “Company” when herein used, shall be taken to mean Rest-Ever
Memorial Park, Inc., applicable only to the cemetery known as the Rest-Ever
Memorial Park Cemetery.
6b. Whenever the term “President” of the Company is herein used, it shall include
the Vice-President; also any officer or the Manager of the Company shall have
the authority, in the absence of the President or Vice-President, to act upon and
pass upon the matters herein provided.
OWNERSHIP
7. Any person of any race shall be permitted to acquire title to interment rights or be
possessed of any interest in any lot or lots in this Cemetery, and it shall be used
for no other purpose than the burial of the human dead.
SUPERVISION OF CEMETERY
8. The Cemetery reserves the right to compel all persons coming into the Cemetery
to obey all rules and regulations adopted by the Cemetery. The Company may
change the rules and regulations without notice to any Owner.
9. The Cemetery shall take reasonable precaution to protect Owners and the
property rights of Owners within the Cemetery from loss or damage. However, it
distinctly disclaims all responsibility for loss or damage from causes beyond its
reasonable control. Especially, from damage caused by the elements, an act of
God, common enemy, thieves, vandals, strikers, malicious mischief makers,
explosions, unavoidable accidents, invasion, insurrection riots, or order of any
military or civil authority; whether the damage be direct or collateral, other than
as herein provided.
10. The cemetery reserves, and shall have, the right to correct any errors that may be
made by it either in making interments, disinterments or removals. The
Cemetery also reserves the right to correct errors in inscriptions, transfer, or
conveyance. The Cemetery may substitute and convey, in lieu thereof, other
interment rights of equal value and similar locations as may be selected by the
Cemetery. Or, in the sole discretion of the Cemetery, by refunding the amount of
money paid on account of said purchase. In the event such error involves the
interment of the remains of any person, the Cemetery reserves and shall have the
right to remove and transfer such remains so interred to such other property of
equal value and similar location as may be substituted and conveyed in lieu
thereof. The Cemetery shall also have the right to correct any errors made by
placing an improper description, including an incorrect name or date either on the
memorial or on the container for cremated remains.
11. Persons within the Cemetery grounds shall use only the avenues, walkways and
roads.
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12. Automobiles shall not be driven through the grounds at a greater speed that
fifteen miles per hour, and must always be kept on the right side of the Cemetery
roadways. Automobiles are not allowed to turn around on the driveways or
roadways, and are not allowed to park or to come to a full stop in front of an open
grave unless such automobiles are in attendance of a funeral.
13. The Cemetery reserves the right to enlarge, reduce, replat or change the
boundaries or grading of the Cemetery, or of a section or sections, from time to
time, including the right to modify or change the locations of/or any part thereof,
or remove or regrade roads, drives and walks. The right to lay, maintain and
operate, or alter or change pipe lines or gutters for sprinkling systems, drainage,
lakes, etc, is also expressly reserved. As well as the right to use Cemetery
property, not sold to individual owners, for Cemetery purposes, including the
interring and preparing for interment of dead human bodies, or for anything
necessary, incidental or convenient thereto. The Cemetery reserves unto itself
and to those lawfully entitled thereto, a perpetual right of ingress and egress over
lots for the purpose of passage to and from other lots.
SALE AND PURCHASE OF INTERMENT RIGHTS
14. The sale or transfer of any interment right by any Owner or purchaser, shall not
be binding upon the Cemetery unless the properly authorized officer of the
Cemetery shall first duly approve it in writing. Then such interment right must
be reconveyed to the Cemetery and the Cemetery shall issue a Warranty
Conveyance to the new Owner. The same rule shall apply in all cases of
assignment of purchase contract for interment right. This procedure is required in
order that the Cemetery may at all times have a complete and accurate record of
all owners and purchasers.
15. Any and all transfers of any interment right, whether it is by conveyance or
assignment of purchase contract, are subject to all rules and regulations of the
Company, which are now in full force and effect or which may be hereafter
enacted. The Cemetery may refuse to consent to a transfer or to an assignment as
long as there is any indebtedness due the Cemetery from the Owner so recorded
in the records of the Cemetery at the Cemetery Office. All transfers of ownership
shall be subject to a charge set by the Cemetery. This charge must be paid to the
Cemetery when the transfer is recorded.
16. The subdivision of interment rights is not allowed without the consent of the
Cemetery and no one shall be buried in any lot not having an interest therein,
except by written consent of all parties interested in such lot and of the Cemetery.
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17. All interment rights in lots hereafter are sold subject to receipt of the Perpetual
Care payment as required by the State of Texas. All work on lots will be done by
the employees of the Cemetery under the direction of the Company, except when
the Company grants permission otherwise. The Company shall do all grading,
landscape work, and improvements. This includes all care of lots, trees, shrubs,
and herbage of any kind. Additionally, the Cemetery will do all planting,
trimming, cutting, and removal. The Cemetery will make all interments,
disinterments, and removals.
18. No enclosure of any kind, such as a fence, curb, hedge, or ditch shall be permitted
around any grave or lot. No lot shall be raised above the established grade.
19. Interment rights can be purchased in this Cemetery only with the written approval
of the Company, and subject to the rules and regulations of said Cemetery now or
hereafter adopted for the government of this Cemetery, and for the purpose of
interment only.
20. No interment rights or contracts for the purchase of interment rights can be sold,
assigned, transferred, pledged or hypothecated without the written approval of the
President or Vice-President of the Cemetery.
21. All agreements for the purchase of Cemetery interment rights must be on the
form approved by the Company and signed by the President of the Cemetery or
his duly appointed agent. All terms and conditions for the purchase of interment
rights must be recited in the purchase contract; verbal agreements or
representations will not be recognized.
22. The Cemetery may exchange interment rights when desired by Owners. When
such an exchange is made, the original conveyance must be surrendered by
proper assignment, or by reconveyance; if considered necessary, before any
change is effected.
23. Each Owner is vested with the ownership of his or her interment right for the sole
purpose of interment of human dead bodies. The Owner of interment rights may
dispose of their interment right by will, subject to the foregoing conditions. If the
owner dies intestate, the interment rights will descend to his or her heirs
according to the laws of descent.
24. No conditional or partial transfer of interment rights and no sale of an undivided
interest; except to a person or persons who are already part owners will be
recorded, as the Cemetery cannot be responsible for the carrying out of the intent
of the grantor. No burial shall be made on any lot until the purchaser shall have
paid on the interment rights therein the amount required by the Company, and
shall have paid the entire amount due the “Perpetual Care Fund.”
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25. The general care of the entire Cemetery grounds and lots is assumed by the
Cemetery under the provisions of the Perpetual Care Trust Fund, as required by
the State of Texas. However, this does not provide for any special care. The
Company will make estimates for any special work, and charges for the work
must be paid in advance.
26. The Company shall direct generally all improvements within the grounds and
upon all lots and graves, before as well as after interments have been made
therein. They shall have charge of the planting, sodding, surveying and
improvements generally.
27. No person other than the proper officers of the Cemetery shall be allowed to
perform any work on any grave or lot within the grounds without a permit from
the Company or its officers.
28. If the Company determines that any memorial, or any structure whatsoever, or
any inscription to be placed thereon is offensive, they shall have the right and it
shall be their duty, to enter upon such lot and remove, change or correct the
offensive or improper object or objects.
29. If any tree, shrub or plant standing upon any lot, by means of its roots, branches,
or otherwise, is or becomes detrimental to adjacent lots or avenues, or if for any
reason its removal is deemed necessary, the Company shall have the right to
remove it. And it shall be their duty, to remove such tree, shrub or plant, or a part
thereof, or otherwise correct the condition existing as in their judgment seems
best.
30. No person shall pluck or remove any plant or flower, either wild or cultivated,
from any part of the Cemetery.
MEMORIALS
31. No memorial may be set to embrace two or more grave spaces except a
companion or a family memorial, nor shall more than one family name be
permitted on any memorial, unless approved in writing, by the Cemetery at the
time of the sale of the interment right. All memorials shall be set on uniform
lines as prescribed by the Cemetery, to conform to the general plan of the
Cemetery.
32. The Cemetery will permit only the use of Bronze Vases to be selected through
the Cemetery or otherwise approved by the President. And they shall be
contained in their own receptacle when not in use, the base of which shall be a
granite foundation installed by Rest-Ever Memorial Park, Inc.
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33. The marking of each lot, grave or graves, except as hereinafter provided, is
restricted and limited to flat bronze memorials on granite foundations, set flush
with the turf, and of such dimensions, materials, design, finish and construction
as designated by the Cemetery. Written approval by the President of the
Cemetery must be secured before any marker or memorial may be delivered to
the Cemetery for installation.
34. To preserve uniform beauty all markers or memorials must meet the approval of
the officers of the Cemetery. All Owners, or any one duly authorized to act for or
on behalf of an Owner, before ordering any memorial, must secure from the
Cemetery written approval of design, size and lettering style.
35. Temporary markers will not be allowed.
INSTALLATION AND FOUNDATIONS
36. The Cemetery shall install all markers or memorials, at the cost of the Owner,
and the Cemetery shall assume responsibility for the proper installation of such
marker or memorial. The Cemetery shall not be liable for any defective materials
or defective workmanship beyond replacement or repair of such defective
materials as have been furnished by the Cemetery. The Cemetery shall specify
the size and material for all foundations.
37. If the marker or memorial is purchased through the Cemetery, the service and
installation charge shall be included in the purchase contract. The Company shall
determine the installation charge.
38. The Company will charge for service and installation if the marker or memorial,
having been approved by the Cemetery as herein mentioned and more
particularly set forth, is purchased from an outside agent. The charge for service
and installation shall be determined on the basis of the square inch area of the
marker or memorial as set forth in the formula by the company, and payable in
advance of setting the marker or memorial.
39. The charges for installation and maintenance of all markers and memorials shall
be reasonable and uniform. No memorial may be installed until the charge due
for installation has been paid in full.
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FUNERAL REGULATIONS
40. Funerals, after entering the gates, shall be subject to the direction of the
Cemetery.
41. The Company or its representatives will locate all graves.
GENERAL REGULATIONS
42. No dogs shall be permitted in the Cemetery.
43. No person shall be permitted within the Cemetery on a bicycle.
44. Bringing lunches, beer, or intoxicating liquors within the Cemetery is strictly
prohibited.
45. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles, or
similar articles will be permitted on any grave, lot or tree.
46. The Cemetery is not responsible for theft or damage to anything placed on graves
or lots.
47. The Cemetery requires all graves to have an outer enclosure. The Cemetery
requires that all outer enclosures be made of concrete, metal, or other approved
material.
48. Any person desiring to remove a body from the grave space to another must
present a written permit signed by the Owner for such removal, and also himself
sign a request to have such removal made. These shall remain on file in the
office of the Cemetery.
49. No wooden or cast-iron bench or chair, or any wooden or wire trellis, shall be
permitted to be brought upon the grounds.
50. The Company and their agents have authority to enter upon any lot and to remove
any objectionable thing or any erection that may have been placed there contrary
to the regulations of the Cemetery, and they may remove any dead or damaged
tree, shrub or vine.
51. No person shall be permitted to enter or leave the Cemetery except by the public
entrance, which will be open at eight o’clock a.m. throughout the year and closed
soon after sunset, according to the season of the year.
52. Any person found on the grounds after dark will be considered a trespasser.
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53. Speed over 15 miles per hour will not be permitted, and no person shall either
ride or drive upon the lawns.
54. Holders containing flowers or other decorations will be removed as soon as the
flowers fade and wither and the right is reserved by the Cemetery to make such
removal. The Cemetery will also remove wreaths, as it deems appropriate. The
Cemetery shall keep such items, at the risk of the owner, for a limited period, as
the Cemetery deems appropriate. If the owner fails to collect said holders within
this period, he thereby forfeits all right, title and interest in said holders and the
Cemetery may dispose of them by sale, destruction or in any other way it deems
best.
55. No person will be permitted to use profane or boisterous language or in any way
disturb the quiet and good order of the Cemetery.
56. All persons are forbidden to hunt, fish, and feed or disturb the fish, fowls, or
other animals about the Cemetery.
57. All persons are strictly forbidden to break or injure any tree or shrub, or mar any
landmark, marker or memorial or in any way deface the grounds of the Cemetery.
58. No money shall be paid the attendants at the entrance or on the grounds. The
entire time of the persons regularly employed on the grounds belongs to the
Cemetery. Visitors and Owners must not otherwise engage them. All orders,
inquiries and complaints must be left at the office.
59. All persons are reminded that the grounds are sacredly devoted to the burial of
the dead and that provisions and penalties of the law, as provided by statute, will
be strictly enforced in all cases of wanton injury, disturbance, and disregard of
the rules.
60. It is of utmost importance that there should be strict observance of all proprieties
due the place, whether embraced in the foregoing regulations or not, as no
impropriety will be tolerated.
61. All well-disposed persons will confer a favor by informing the Cemetery or some
officer of any breach of proper decorum that may come under their notice.
62. No person or persons, other than an employee of the Cemetery shall be permitted
to bring or carry firearms within the Cemetery except a Military Guard of Honor
and then only when in charge of an Officer and during a Military Service.
63. All work and all planting of any kind on all lots and graves are strictly prohibited.
Cut flowers may be used at any time.
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64. Placing potted flowers, plants, wreaths or baskets on or around lots and graves is
not permitted. Placing crosses, angels, and other items on or around lots and
graves is also not permitted. Vases which meet Cemetery requirements are
available for purchase through the Cemetery or as otherwise approved by the
President. All flowers shall be placed in a vase so as to maintain the beauty of
the Cemetery for all Owners. Digging of holes for any purpose whatsoever is
strictly prohibited.
65. The Cemetery reserves the right to remove all flowers, potted plants, wreaths,
baskets of flowers or any other objectionable item as it deems necessary. The
Caretaker is ordered to make such removals when in his or her judgment it is to
the best interest of the Cemetery.
MODIFICATIONS AND AMENDMENTS
66. The Cemetery may, and it hereby expressly reserves the right, at any time, with
or without notice to Owners, to adopt new rules and regulations, or to amend,
alter and/or repeal any rule, regulation and/or article, section, paragraph and/or
sentence in these Rules and Regulations.
67. Special cases may arise in which the literal enforcement of a rule may impose
unnecessary hardship. The Cemetery, therefore, reserves the right to make
exceptions, suspensions or modifications in any of the Rules and Regulations
without notice to Owners. The Cemetery may exercise this right when in its
judgment, the same appear advisable; and such temporary exceptions, suspension
or modification shall in no way be construed as affecting the general application
of such.
The above and foregoing rules, regulations, restrictions and by-laws were
approved and adopted by Rest-Ever Memorial Park, Inc. August 1, 1999
and since amended on July 1, 2007.
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