MACHU CEMETERY RULES & REGULATIONS

RULES AND REGULATIONS

PURPOSE

In accordance with the by-laws of the Machu Cemetery Association (the "Association"), the following Rules and Regulations have been adopted as a guide for the use and management of the Machu Cemetery and surrounding grounds. The rules and regulations will help protect all who have an interest here. All owners of interment plots, visitors, and contractors performing work on the property are subject to these rules and regulations together with all amendments or alterations as shall be adopted by the Board of Directors of the Machu Cemetery Association from time to time.

GENERAL RULES AND REGULATIONS

1. The Board of Directors may, and it hereby expressly reserves the right to at any time, with or without notice to owners, adopt new rules and regulations or amend, alter and/or repeal any rule, regulation and/or article, section or paragraph in these Rules and Regulations. Special cases may arise in which a literal enforcement of the rule may impose unnecessary hardship. The Board of Directors, therefore, reserves the right, without notice, to make exceptions, suspensions or modifications of any of the Rules and Regulations when, in its sole judgment, such action appears advisable. Any such temporary exception, suspension or modification of the Rules and Regulations by the Board of Directors shall not be construed as affecting the general application of such Rules and Regulations.
2. The Board of Directors retains, for the benefit of all interment right owners, full and complete supervision, control and management of the land, improvements, roads, walks, utilities, development, books and records, and the full and complete authority, rights and privileges to make, change, administer and enforce all rules and regulations and restrictions not inconsistent with the laws of the State of Texas.
3. All burial spaces in the Cemetery shall be used in accordance with the provisions of the laws of the State of Texas and shall not be used for any purpose other than as a burial place for human remains.
4. Visiting hours are from dawn to dusk every day. Any person who is found on the Cemetery grounds outside these hours, without prior authorization from the Board of Directors, will be considered a trespasser.
5. Purchasers of burial spaces acquire the right of interment in that specified location and bear all responsibility for its identifying markers / monuments.
6. The naming of more than one owner is indicative of joint ownership in common with rights of survivorship. Duplication of ownership of interment rights is prohibited. Only one owner of interment rights per burial space is permitted at any one time.
7. The Association shall be free (but not obligated) to make public or otherwise disclose the names of the person(s) to whom any reservation of interment plot has been provided. New purchasers of plots are encouraged to purchase and have installed an identifying marker prior to interment(s). No unmarked burials are allowed at the Machu Cemetery. (see, Markers & Monuments)
8. The owner of interment rights hereunder may dispose of same by will or, should the owner die intestate, such interment rights shall pass according to the laws of this State governing intestacy. The Association shall not be bound by such transfers until an exemplification of record has been presented to it and such change has been recorded on the records of the Cemetery. Any lot or burial space in which there are no burials, entombments, or inurnments may be transferred to a new owner, providing the information is submitted to the Association immediately.
9. Any assignment or transfer of burial space interment rights by original purchaser of a plot must be reported to the Board of Directors immediately. Upon verification of the transaction, the Association will make the necessary revision to Cemetery records describing the location and naming the owner(s) of said location.
10. All owners are required to notify the Association of any change of contact information. Notices of the Machu Cemetery Association required to be sent shall be sent to the last recorded address and such notices are deemed adequate.
11. No person, other than agents of the Association, shall be allowed to perform any work within the Cemetery without permission of the Board of Directors.
12. The Board of Directors shall direct all work and improvements within the grounds and upon all burial spaces before and after interments have been made.
13. The Board of Directors will not be responsible for any loss, damage or injury occurring on the site.
14. The use of the Cemetery and surrounding land as a thoroughfare is prohibited.
15. Vehicles and equipment used to perform the business of the Cemetery shall take precedence over vehicles being driven by Cemetery visitors.
16. The right to use automobiles in the Cemetery is authorized solely and exclusively for the purpose of transporting persons to visit burial plots. The speed limit within the Cemetery is five (5) miles per hour. Parking and/or driving on any grassy areas or areas other than designated drive are prohibited for purposes other than those obtained from the Board of Directors.
17. Dogs are not permitted into the cemetery grounds. Children under the age of 18 must be accompanied by an adult when visiting the Cemetery.
18. Bringing alcoholic beverages or illegal drugs into the Cemetery and/or site is strictly prohibited. Smoking is prohibited on the entire site due to frequent dry conditions.
19. The Board of Directors shall have the right to enter upon or use any adjoining burial space or lot to carry out its duties as to interments, placement of monuments, etc., without prior notice to the owner thereof.
20. No signs, notices, or advertisements of any kind shall be allowed on the cemetery site unless placed by the Board of Directors.
21. Panhandling, peddling of any kind or soliciting the sale of any commodity by outside parties is prohibited within the confines of the Machu Cemetery.

INTERMENT AND FUNERAL REGULATIONS

22. All burials must be authorized by the Board of Directors.
23. A representative from the Machu Cemetery Association Board will locate the burial space for the funeral home. This sexton will follow the established row and plot marker tags and a measurement system approved by the Machu Cemetery Association.

    A plot measures 8 ft. x 3 ft. and 2 ft. space on either side.

    The Machu Cemetery grid is designed with rows of 10 sites consisting of 2 plots each. Requests for "squeezing in between" - even if it is "just an urn" - will not be granted.

    The Board of Directors strongly recommends using one of the following funeral homes as they are familiar with the Cemetery and its requirements:

    • Providence Funeral Home; Taylor Texas
    • Condra Funeral Home; Taylor Texas
    Other funeral homes may be used if approved in advance on a case-by-case basis by the Board of Directors or its agent.
24. Interments into a burial space are restricted to those entitled to interment therein according to these rules and regulations.
25. The Association shall not be 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 followed.
26. The use of one grave space shall be limited to the interments of one burial, two urns of cremated remains, one burial with one urn of cremated remains buried on top of a casket, or one urn of cremated remains placed in the casket as long as cremains are from a previous death. Once buried, the casket is to remain closed.
27. No disinterment will be allowed without permission of next of kin, the burial space owner, the Board of Directors, and the proper authorities.
28. No interment of a body may be made unless the remains are contained in a casket which is enclosed in either a vault or liner. A permanent type of urn is required for ground interment of cremated remains. The scattering of cremated remains in the Cemetery is prohibited.
29. Machu Cemetery Association does not participate in funeral arrangements other than the location of burial spaces.

MARKERS AND MONUMENTS

30. Unmarked burials are not permitted at the Machu Cemetery. All interments of remains or cremains must have an identifying marker of some type. The Machu Cemetery Association requires that headstones and monuments be placed within two years of the burial. If an extension is needed, a request can be submitted to the Board of Directors. These may include a ground-level flat marker or plaque, headstone, or monument. Such markers and monuments are to be professionally installed by a funeral home or a reputable monument company.
31. Monument companies require approval in advance by the Board of Directors and must comply with Machu Cemetery installation requirements. Any installation with precast pads will not be approved. The company that makes the monument is responsible for installation. The monument company is responsible for scheduling installation with the Board or its agent.
32. RESPONSIBILITY FOR MARKER/MONUMENT MAINTENANCE

    Plot owners and their heirs are responsible for not only arranging the professional installation of identifying markers erected on their plot - including headstones, monuments, plaques - but, as well, bear full responsibility for the long-term condition and care of such structures.

    The Machu Cemetery Association, its Board of Directors, and its groundskeepers bear no responsibility for repair, leveling, or other maintenance of such structures nor any responsibility for bodily injury caused to any persons resulting from such disrepair or unlevel conditions.

    The Board of Directors reserve the right to:

    • contact plot owners and/or their heirs about such structures whose state of disrepair or unlevel condition has been determined to present a hazardous situation; and
    • not having been successful in contacting such owner/heirs or achieve satisfactory remedy, may select to brace and/or lay prone any monument whose angle of lean has been determined to present a hazardous situation.
33. Monument bases on individual graves shall be no more than 3.5 feet long with the actual marker somewhat smaller. The height of individual upright headstones should be no taller than 3 feet. Double monuments should have a base no longer than 6.5 feet with the monument somewhat smaller and no taller than 3 feet. The thickness of both individual and double markers should be between 6 and 8 inches. Standard material for monuments and their base shall be high-quality granite/cement of soft colors such as gray, black, white, rose, or beige. Any proposed installation of monument
    • exceeding a height of 4 ft., or
    • of unusual, non-standard design or material
    must receive Board approval of design and its installation will be supervised by a Board representative.
34. Concrete curbing around a burial site and/or installation of rock beds are no longer permitted at the Machu Cemetery. Installation of concrete benches at a plot site must receive Board approval.
35. Professional installation of small glass photos on a headstone / monument are permitted. Glass flower urns are permitted in the immediate 90-days following an interment. Following that period all glass vases or other forms of glass should be removed by family members or will be removed by groundskeeper. No other glass at any time is permitted on burial plots or associated monuments.
36. Honorary military flat markers must be placed immediately in front of the headstone monument below the individual's identifying information on headstone.
37. The Board of Directors shall have the authority to prevent the placement of any monument that does not comply with these rules and regulations. The Board of Directors reserves the right to remove any monument or other objects that do not comply with the standards of the Cemetery.
38. All fees or encumbrances due on the burial space must be paid in full prior to the placement of any headstone or monument.
39. In the event a monument is placed where it is necessary to temporarily remove it for an interment or disinterment, unforeseen natural events, construction, or necessary grounds repairs, the Association will have the right to remove the monument without notice to the burial space owner. It will be reinstalled to its original position when work is completed.
40. The Association may, at its own expense and without any liability, correct any error that may occur in the placing of a monument.

FLOWERS AND DECORATIONS REGULATIONS

41. Fresh flower arrangements, fresh cut flowers and/or potted plants, and artificial floral arrangements befitting the season may be placed on the graves throughout the year.
42. All flowers, wreaths, or other decorations set at time of an interment should be removed by family members within 90 days, or sooner if they have become unsightly.
43. Seasonal arrangements remaining after a seasonal period has passed will be removed from burial spaces or as soon as they become unsightly. All artificial flowers or items removed from graves will be disposed of immediately.
44. American and/or Texas flags may be placed on graves on Memorial Day, the Fourth of July, Flag Day, and Veterans Day. Flags should be kept to 12" x 18" in size or smaller. Flags are subject to removal if in poor state or deteriorated condition. The Machu Cemetery flagpole displays the American and/or Texas flags throughout the year and in the month of October, Czech Heritage Month, may display the Czech flag.
45. Concrete curbing around a burial site and/or installation of rock beds are no longer permitted at the Machu Cemetery. Installation of concrete benches must receive Board approval.
46. The installation of permanent plants, shrubs, trees, is not permitted on gravesites.
47. Trees, shrubs, plantings, and benches are placed throughout the Cemetery by the Association for overall beauty and serenity of the grounds. All landscaping, maintenance, and/or removal of any plants, bushes or trees is only allowed under the supervision of the Board of Directors.