Rules & Regulations

Rules & Reg. of Wharton Cemetery 1.15.24

WHARTON CEMETERY ASSOCIATION, INC.

P. O. BOX 681
WHARTON, TEXAS 77488

RULES AND REGULATIONS

These rules and regulations are hereby adopted by the Board of Directors of the Wharton Cemetery Association, Inc. (Association and WCA). All owners of interment rights, visitors and contractors performing work in the Cemetery will be subject to said Rules and Regulations and any amendments thereto adopted by the Association. Wharton Cemetery Association, Inc. is a non- sectarian and non-profit cemetery dedicated in Wharton, Texas. The funds and purpose of the Association are directed toward preservation of the lots and spaces sold by the association to various individuals and families.

GENERAL RULES

Since 1953, the Wharton Cemetery Association, Inc. (Cemetery or Association) and the Board of Trustees have been empowered to oversee all aspects of facility operations in order to maintain the high standards that our clients have come to expect. In questions of Cemetery operations and policy, the decisions of the Board of Trustees are final. The Association makes no guarantees for previous work or complaints.

For the mutual protection of every Grave or Lot Holder these Rules and Regulations have been established as the guiding elements of the operation of Wharton Cemetery. The Cemetery issues a Certificate of Interment Rights and/or Quitclaim Deed in which the grant of rights is made to the Grave or Lot Holder subject to the Rules and Regulations existing at the time of the delivery of the Certificate as well as any subsequent changes to the Rules and Regulations thereafter adopted. As part of the agreement to purchase from Wharton Cemetery, Grave or Lot Holders and the parties for whom they have responsibility, have agreed to comply with all rules and regulations established by the Cemetery. All Rules and Regulations defined herein will apply uniformly.

The statement of any employee of the Cemetery shall not be binding upon the Cemetery except as such statement coincides with the document conveying the Rights of Interment, and with these Rules and Regulations.

In all matters not specifically covered by these Rules and Regulations, the Cemetery follows the State of Texas statutes regarding Health and Safety Code Requirements, Title 8 “Death and Disposition of the Body” Subtitle C. “Cemeteries and Crematories”, Chapters 711 through Chapter 15. The cemetery reserves the right to make any decision which, in its judgement, is deemed reasonable under the circumstances and such determination shall be binding upon the Grave or Lot Holder and all parties concerned.

The Cemetery reserves the right at any time and from time to time to change, amend, alter, repeal, rescind or to adopt new Rules and Regulations or any part thereof or to adopt any new rules and regulations with respect to the Cemetery or anything pertaining thereto.

1. DEFINITIONS:

• 1.1  The term “Cemetery” will mean the Wharton Cemetery located in Wharton, Texas.

• 1.2  The term “Owner” will mean the owner of record of the legal rights of interment.

• 1.3  The term “Interment” will mean the burial of the remains of a deceased human being or Cremation with Inurnment. No scattering of Cremated remains will be allowed.

• 1.4  The term “Memorial” will mean any type of grave marker or structure upon any grave space or lot place thereupon or therein or partially therein for the purposes of identification or in memory or the interred. A memorial shall include only a monument, marker, tablet, headstone, private mausoleum or tomb for family or individual use, tombstone, urn, and crypt and niche plates.

• 1.5  The term “Contractor” will mean any person, firm, corporation, or anyone engaged in placing, erecting, or performing any work in the cemetery grounds other than a cemetery employee.

• 1.6  The term“monument” shall include a tombstone or memorial of granite, or other approved stone, which shall extend above the surface of the ground.

• 1.7  The term “Cemetery” means either the corporation owning and/or operating Wharton Cemetery, including the grounds and building themselves.

• 1.8  General. The terms used in these Rules and Regulations shall have the same meanings as said terms are defined in Chapters 711, 712, 713, 714, and 715 of the Texas Health and Safety Code, except as otherwise specifically defined in these Rules and Regulations.

2. ASSIGNMENT OF INTERMENT RIGHTS

• 2.1  Those persons desiring to obtain interment rights in the Cemetery are referred to the Administrative Coordinator of the Cemetery Association who will arrange to assist the person by showing available lots or spaces of the Cemetery. Upon full payment of charges and fees, the Coordinator will assign interment rights and/or a Quitclaim Deed for the selected cemetery lot and/or space(s) to the person paying the fees and charges or to the person he or she designates as the assignee.

• 2.2  Assignment of Interment Rights will be made based on prices adopted by the Association.

• 2.3  No sale, assignment, transfer, pledge or hypothecation of interment rights shall be effective until notice of same is given to, received, and approved by the Association and all outstanding assessments are paid in full.

• 2.4  The Association encourages any owner of interment rights to consult with an attorney for appropriate paperwork to transfer ownership if such owner desires to transfer same. When the transaction is completed, the transferring owner or the new owner shall notify the Association in order that the Association may at all times have a complete and accurate record of all owners. They should submit all paperwork, attorney’s records or Quitclaim Deed, to the Association.

• 2.5  The owner of Interment Rights may dispose of same by Will or “Signed Probate Letters of Testamentary”, subject to the provisions of Section 711.039 of the Texas Health and Safety Code including but not limited to rights of the owners spouse and children specified in said statutory provision. If the owner dies intestate the interment rights will descend to his or her heirs according to the laws of the descent and distribution of the State of Texas.

• 2.6  The subdivision of interment rights is not allowed without the written consent of the Association.

• 2.7  The cemetery will not be liable for the interment permits nor for the identity of the person sought to be interred.

• 2.8  AllintermentrightsareassignedsubjecttopaymentagreeduponassetbytheAssociation.

• 2.9  All agreements for the assignment of Cemetery interment rights must be on forms approved and signed by the Association. Verbal agreements or representations will not be recognized.

• 2.10 Abandoned Plots – The Wharton Cemetery Association, Inc. shall exercise the rights provided in the Texas Statutes (Section 714.003).

3. INTERMENTS

• 3.1  At the time of burial a signed Order for Interment is required and assignment of deed provided to the Association. The Cemetery shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made, or where the Rules and Regulations have not been complied with or where said Rules and Regulations forbid such interment.

• 3.2  All funerals, upon entering the Cemetery, shall have all the necessary paperwork; a signed Order for Interment signed by the Grave or Lot Holder or his/her legal representative, giving the deceased name, last residence, age, date of death, place of death, cause of death, name of Funeral Director, burial permits and payment of all assessed charges.

• 3.3  The casket may not be opened within the Cemetery without the express permission of the Cemetery. The Cemetery reserves the right to refuse permission to anyone to open the casket or to touch the body without the consent of the legal representative of the deceased or without a Court Order with the Funeral Director present.

• 3.4  The interment of cremated remains requires a permanent container approved by the Cemetery.

• 3.5  Removal of interred remains from the Cemetery may be made only upon a final Court Order from a court of competent jurisdiction authorizing the removal, wherein all periods of appeal have expired. The Court Order shall be subject to the sole approval of the Cemetery. In the absence of such a Court Order, no removal of interred remains from the Cemetery shall occur without the consent of the Cemetery and the written authorization of the Grave or Lot Holder, and/or any other interested party pursuant to Texas Health and Safety Code. All physical removals of interred remains shall occur in the presence of Cemetery personnel and with licensed Funeral Director present. Cemetery personnel shall exercise due care in making a disinterment, but it shall assume no liability for the damage to any casket, burial case or memorial incurred in making the disinterment.

• 3.6  The Cemetery shall have the right to designate the hour and manner in which interments/inurnments and disinterments will or will not be permitted.

• 3.7 Only equipment operated or under the direction of the Cemetery shall be used in making interments/inurnments.

• 3.8 Only human remains shall be interred in the Cemetery.

• 3.9 No bodies shall be buried or interred within or on any lot in the cemetery unless previous arrangements have been made with and permission given by the cemetery. A deed or Vital Statistics record must be on file with the Cemetery Manager prior to any burial.

• 4. REGULATIONS

• 4.1  No pets will be allowed to accompany visitors in the Cemetery, unless the pet is a service animal.

• 4.2  No person is permitted in the Cemetery on a bicycle except on designated roadways.

• 4.3  Bicycles are allowed, but have to be walked to the gravesite.

• 4.4  Visitors shall only use marked and established avenues and paths to gain immediate access to a gravesite. The Cemetery expressly disclaims liability for any injuries sustained by anyone violating this rule.

• 4.5  All vehicles will remain on roadways and observe a maximum speed of 5 mph.

• 4.6  No alcoholic beverages are allowed in the cemetery.

• 4.7  Lawns shall not be disturbed for any purpose.

• 4.8  The Association is not responsible for the theft or damage to anything placed on or in graves or cemetery lots.

• 4.9  The Cemetery shall have the right to provide security or traffic control if it deems necessary, but is under no obligation to do so.

• 4.10 All persons are reminded that the grounds are sacredly devoted to the burial of the of the deceased and that the provisions and penalties of the law, as provided by statute, will be strictly enforced in all cases of injury, disturbance or disregard of the rules. No solicitation will be allowed on cemetery grounds.

• 4.11 Loitering, loud noise, music, discourteous or boisterous behavior within the Cemetery or any of its buildings is prohibited.

• 4.12 Rubbish – Throwing of trash, waste or rubbish on roads, driveways, paths, walks, or any part of the grounds or in the buildings is prohibited.

• 4.13 Flowers and Shrubs – No one shall pick or disturb any flowers or foliage, or break any branches, or remove, injure or cut any tree, plant or shrub without specific permission of the Cemetery.

• 4.14 Peddling or Soliciting – No one will be permitted to peddle flowers, plants or any other article or items, or to solicit the sale of any commodity whatsoever within the Cemetery or near the Cemetery gates.

• 4.15 Signs and Advertising – No signs, notices or advertising of any kind shall be allowed within the Cemetery except those placed by the Cemetery.

• 4.16 NOT USED

• 4.17 When a Disinterment or Removal is to be made from a single grave to another grave, the formerly occupied single grave space and all rights thereto revert to the Association, to be confirmed by deed from the party requesting the change or removal. If no steel or concrete box/vault has been used for the interment, one must be furnished by the party requesting the change. If there is a steel or concrete box/vault which is in removable condition, charge for the removal of the vault or box must be paid for in advance. This charge will be based on the cost of equipment, materials and labor. Application for a removal permit must be signed for by the family or its representative and properly notarized prior to the time of removal. Disinterments will be made in the manner prescribed by the Laws of the State of Texas. Burials shall be on lots of sufficient size to accommodate the burial. Size of lot shall be determined by cemetery management. In cremation burials, urns are permitted to be placed in the lot area occupied by a casket burial if sufficient space is remaining for the urn burial.

• 4.18 One grave space may contain no more than one (1) human body burial and one (1) cremation or two (2) cremations, or an infant and a cremation all subject to depth requirements of the State of Texas. The interment of two bodies in one grave is not permitted, except in case of mother and infant or twin children, or two children buried at the same time or in the case of burial of cremated remains.

• 4.19 A minimum grave liner of at least a concrete box is required on all interments, and only non-degradable containers are required for all cremations. A sectional concrete box or equivalent type of permanent box or container constructed so as to prevent the possibility of collapse thereof shall be required for all burials. Graves will be re-opened for inspection only for investigation.

• 4.20 Graves and memorial locations must be located by a cemetery representative.

• 4.21 Prior to placing a marker or memorial, permission must be obtained from the Association. All markers and memorials must be made of granite, marble or bronze composition. Benches must be made of granite, marble, or concrete and mounted on an approved foundation. Park style benches made of metal, plastic, wood, etc. and fencing are prohibited. No granite or concrete curbing of any lot or space is allowed.

• 4.22 If any memorial or any structure what-so-ever, or any inscription to be placed on same, is determined by the Association to be offensive or in violation of the Rules and Regulations, the Association has the right to enter upon said lot and remove, change or correct the offensive or improper memorial or structure or inscription at the cost of the owner or the person who placed same on said lot.
  Nothing of value, especially breakables, will not be allowed in or around trees or on cemetery grounds. Glass, ceramic or plastic containers or any objects that could interfere with normal cemetery mowing or maintenance are expressly prohibited.

• 4.23 Any person or business planning to do work of any nature within the cemetery grounds or upon any lots and graves shall be required to fill out a Work Approval Form describing in detail the work to be performed, including proposed start and completion dates and shall agree to abide by the Rules and Regulations contained herein as well as any directions from the Association. This form must be submitted to the Association at least five (5) working days before any marking is done and work is scheduled to begin. Written approval of the project must be granted by the Association before any marking is done or work can be started. The work site must be returned to the condition prior to the job, such as dirt leveling and replacing grass/artificial turf.
  Any party causing damage or injury within the cemetery shall be responsible for repair of same and/or compensation for damage or injury. These requirements shall apply to all lots and graves before and as well as after interments have been made. All work on lots, all opening and closing of graves before and after all internments and disinterments will be performed under the direction of the Association, except when permission is otherwise granted in Advance.
  No monument work is to be done on Saturdays, Sundays or holidays or when a funeral service is taking place. Monument work to be done between 8 A.M. and 5 P.M.
  All opening and closing of graves must be done by a designated contractor approved by the Association.

• 4.24 Planting, maintenance of lots and placing of monuments contrary to these Rules and Regulations will be corrected at the direction of the Association at the owner’s expense. Any requests from lot owners in regard to planting, trimming or removing trees or plants will be handled on a case by case basis. The exception is magnolia trees/palm trees which are not to be planted or replanted on the Wharton Cemetery grounds.

• 4.25 If any tree, shrub or plant standing upon any lot, be means of its roots, branches or otherwise, becomes detrimental to adjacent lots, walkways or roadways or if for any other reason its removal is deemed necessary, the Association has the right to remove said tree, shrub or plant or otherwise correct the condition.
  This will also apply to any decorative or other items, including but not limited to glass, or ceramic containers, fencing, etc. that may impede the ability of the Association to provide the proper landscaping and maintenance, which includes mowing, trimming and weed eating around monuments, curbing, etc., of the cemetery grounds in general.

• 4.26 No person, unless otherwise authorized herein, will pluck or remove any plant, wild or cultivated, from any part of the cemetery grounds.

• 4.27 Future grave lots or spaces are to be laid out in such locations and sizes as the Association designates in its absolute discretion. All grave spaces will be a maximum width of 40 inches wide by 108 inches long. Exceptions can be granted by the Association.

• 4.28 It is possible that special cases could arise in which the literal enforcement of a rule may impose unnecessary hardship. Therefore, the Association reserves the right, without notice, to make exceptions, suspensions or modifications to any of the Rules and Regulations, when in their judgement, it appears advisable to do so. 
  Temporary exceptions, waived suspensions or modifications or any modifications are not to be construed as affecting the general application of such Rules and Regulations or constituting a permanent waiver.

• 4.29 The Association reserves the right to amend the Rules and Regulations at any time without notice.

• 4.30 Copies of the Rules and Regulations will be posted online at www.whartontxcemetery.org or provided as requested distributed to Owners of lots, at the time of purchase, to persons making general inquires or interment arrangements and to local funeral homes, monument companies and contractors doing any work on the Cemetery grounds.

• 4.31 Subject to Laws. Besides being subject to these Rules and Regulations, all interments, disinterments, and removals are made subject to the orders and laws of the duty constituted authorities of the city, county, and state.

5. LOT CARE

• 5.1 Care shall include the cutting of grass at reasonable intervals, the raking and cleaning of the grounds, and the pruning of shrubs and trees that may be placed by the management.

• 5.2 The general care assumed by Wharton Cemetery Association, Inc. shall in no case mean the maintenance, repair, or replacement of any memorial, tomb, or mausoleum placed or erected upon lots, nor the doing of any special or unusual work in the cemetery, including work caused by the impoverishment of the soil, nor does it mean the reconstruction of any marble or granite work on any section or lot, or any portions thereof in the cemetery caused by the elements, an act of God, common enemy, thieves, vandals, accidents, invasions,

6.0 FLORAL DECORATIONS & PLANTINGS

• 6.1 The cemetery will undertake to maintain, as may be practicable, the planting of trees and shrubs, to preserve and maintain landscape features, but does not undertake to maintain individual plantings or urns of plants located on specific lots.

7.0 NOT USED

8.0 GRADING AND IMPROVEMENTS

• 8.1 The Cemetery reserves the exclusive right to do all grading, landscape work, improvements of any kind and all care of graves and lots; likewise to plant, trim, cut or remove all trees and shrubs.

• 8.2 All improvements or alterations of graves or lots shall be under the direction of and subject to the approval of the Association and should they be made without its prior consent, the Association reserves the right to remove, alter or change such improvements or alterations at the expense of the Grave or Lot Holder.

9.0 FEES CHARGES AND PAYMENTS

• 9.1 All fees and charges are set by the Association.

• 9.2 The Association has the expectation that all fees and charges shall be paid prior to interment. The Association is aware that there will be times that this Rule could cause undue hardship and will direct the Administrative Coordinator to make necessary judgements and work with the funeral directors and families as needed.

10. SPECIFICATIONS

• 10.1 All monuments, markers and memorials must have a base or concrete foundation below each item, so as to avoid uneven settling or the monuments, headstones or markers with the exception of double memorials when there is to be a future burial.
  If and when the future burial takes place, a concrete base or foundation must be installed within ninety (90) days of said burial.

• 10.2 Only approved benches of granite, marble, or concrete mounted on concrete will be allowed. Any bench type memorial must be located within the boundaries of said lot or space.

11. LOSS OR DAMAGE

• 11.1 The Cemetery disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by an act of God, the elements, insurrections, riots, order of any military or civil authority, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents or any cause similar or dissimilar beyond control of the Cemetery whether the damage be direct or collateral. In the event it becomes necessary to reconstruct or repair any or portions thereof in the Cemetery, which has been damaged by such causes, the Cemetery shall give a 10 day written notice of the necessity for such repair to the Grave or Lot Holder of record. The notice shall be given by depositing the same in the United States mail, with postage there on duly prepaid, addressed to the owner of record at his/her address stated on the books of the Cemetery. In the event the Grave or Lot Holder fails to repair the damage within a reasonable time, the Cemetery may direct that the repair be made and charge the expense to the Grave or Lot Holder of record.

12. GRAVE OR LOT HOLDERS/REPRESENTATIVES CHANGE IN ADDRESS

• 12.1 It shall be the duty of the Grave or Lot Holder to notify the Cemetery of any change in his/her post office address, phone number, and email address. Notice sent to a Grave or Lot Holder at the last address in the Cemetery’s records shall be considered sufficient and proper legal notification.

13. CORRECTION OF ERRORS

• 13.1 The Cemetery reserves the right to correct any errors which may have occurred in making interments and disinterments. If the error was due to incorrect information on the part of the person or persons giving or signing the interment order, the Cemetery shall have the right to remove the remains and make such disposition of them as it may deem best. In the event such error involved the interment of the remains of any person in an interment space which had been granted through error, the Cemetery shall have the right to remove and/or transfer such remains so interred to another interment space of equal value and similar location.

• 13.2 Management appreciates the cooperation of all that visit Wharton Cemetery in maintaining the integrity of our beautiful Cemetery. We welcome your suggestions and assure you the entire staff of Wharton Cemetery is ready to assist you at any time. The Rules and Regulations of Wharton Cemetery are available in the administration office and are also available on our web site at www.whartontxcemetery.org.

14.REASONABLE PROTECTION AGAINST LOSS AND NON-LIABILITY OF CEMETERY

• 14.1 Cemetery Liability – The Cemetery shall take reasonable precaution to protect the plot owners, and the property rights of plot owners, within the Cemetery from physical loss or damage. However, the Cemetery shall not be responsible or liable (except as may be otherwise provided or required by applicable law) in any manner whatsoever for any loss or damage of any kind to plot owners or their property resulting, directly or indirectly, from causes beyond the Cemetery’s reasonable control. The Cemetery hereby expressly disclaims all responsibility and liability for any such loss or damage, including, but not limited to, loss or damage caused by the elements, and act of God, the common enemy, thieves, vandals, labor strikes, malicious mischief, explosions, unavoidable accidents, invasions, insurrections, riots, or by order of any military or civil authority.

15. RIGHT TO REPLAT

• 15.1 The following rights and privileges are hereby expressly reserved to the Cemetery to be exercised at any time or from time to time for the erection of buildings, or for any purpose or use connected with, incident to, or convenient for, the care of, preservation of, or preparation for disposal or interment of, deceased human remains or other Cemetery purpose:

1. To resurvey, enlarge, diminish, replat, alter, in shape or size, or otherwise to change all or any part or portion of the Cemetery.

2. To lay out, establish, close, eliminate, or otherwise modify or change, the location of roads, paths, walks or drives, provided ingress and egress to and from any Grave or Lot is preserved.

• 15.2 The following rights and privileges are hereby expressly reserved to the Cemetery to be exercised at any time or from time to time:

1. Easements and rights of way over and through all of the Cemetery premises for the purpose of installing, maintaining and operating pipe lines, conduits or drains for sprinklers, drainage, electric, or communication lines or for any other Cemetery purpose.

16. CONCLUSIONS

• 16.1 Notwithstanding, the items and provisions contained within other documents delivered and provided to the Owner in conjunction with his/her purchase of Interment Rights at Wharton Cemetery, in the event that similar terms and provisions contained herein, then the Owner acknowledges that the terms and provisions shall be construed according to its definition and understanding contained within these Rules and Regulations.

• 16.2 Other specifications may be adopted by the Association from time to time as deemed necessary by the Association.

• 16.3 In order to perpetuate the beauty and continuity of the cemetery, Wharton Cemetery reserves the right to enforce all rules and regulations here set forth and others that might seem necessary for a particular situation.