Rules and Regulations governing the Cemetery of St. John Francis Regis Parish, Arnaudville, Louisiana
Preamble
The Catholic Cemetery is a sacred place.
As the last resting place of members of the family of God, the Church solemnly blesses her Cemeteries and dedicates them to the service of God and His people. This concern for the burial place of her children is an outgrowth of the deep respect and reverence she holds for the human body which is the dwelling place of the soul during man’s life on earth and shares in his life in eternity.
When Christ rose from the dead, he gave to man a promise and a guarantee of his own resurrection one day. In her Masses for the deceased and in the prayers of the funeral services, the Church voices her belief in “the resurrection of the body and life everlasting.” In the same spirit, she sets aside and makes sacred the final resting places in which the bodies of her children await the day of their resurrection.
The Rules and Regulations which follow have been adopted by the St. John Francis Regis Pastoral Council for the mutual protection of the plot owners and the Church itself whose responsibility it is to manage and maintain the Cemetery. They are intended to safeguard the sacredness of the Cemetery, to promote its beauty and attractiveness and to honor the beloved dead.
The Rules and Regulations seek also to protect the rights and interests of plot or crypt owners and other patrons of the Cemetery. They are the result of many years of practical experience in the management and maintenance of Catholic Cemeteries. They are based on the conviction that only if Management and plot owners both recognize a common interest and a mutual responsibility will our Catholic Cemeteries become and remain forever the beautiful and sacred places demanded by our Faith.
Rules and Regulations Governing the Cemetery of the St. John Francis Regis Parish
All present plot owners and all persons entering the Cemetery; all plots, crypts, memorials, etc. which have been sold or will be sold shall be subject to these rules and regulations and such amendments or alterations as may be adopted by the St. John Francis Regis Parish Pastoral Council. The reference to these rules and regulations in the document conveying the right of ownership and of interment shall have the same force and effect as is set forth therein.
I. Definitions:
A. The term “Cemetery” shall mean one or all of the properties dedicated to the burial of the dead. The singular term Cemetery refers to both St. John Francis Regis Cemeteries #1 (Adjacent to St. John Francis Regis Church) and #2 (on Highway 31/South Main Street).
B. Management: The term ‘Management’ shall mean the person or persons duly appointed and authorized to manage and direct the cemetery owned and operated by the St. John Francis Regis Parish, within the jurisdiction of the congregation of St. John Francis Regis Parish of Arnaudville, Louisiana, in the Diocese of Lafayette, Louisiana. The Pastor of St. John Francis Regis Parish and the Administrator of the Cemetery are included in the term “Management”. Advisory board consists of the St. John Francis Regis Parish Pastoral Council.
C. Administrator of the Cemetery: The term “Administrator of the Cemetery” shall mean the person in charge of conducting the various operations and services at the cemetery.
D. Office of the Cemetery or Cemetery Office: The term “Office of the Cemetery” or “Cemetery Office” shall mean the office of the Administrator of the Cemetery located at 232 Main Street, Arnaudville, Louisiana.
E. General Care: The term “General Care” shall mean the ordinary maintenance of the Cemetery and mausoleum.
F. Lot, Plot, Crypt, Burial Place: Except for when hereafter noted, the terms “Lot, Plot, Crypt, Burial Place” or a similar term shall be used interchangeably, shall include any structure thereon, and shall apply with like effect to one or more adjoining lots, plots, etc.
G. Memorial: The term “Memorial” may refer to a mausoleum, tomb, coping, monument, marker, headstone, tablet, or crypt front for one or more deceased persons.
H. Interment: The term “interment” shall mean the unexposed disposition of the remains of a deceased person either temporarily or permanently.
I. Above Ground Burial or Interment: The term “Above Ground Burial or Interment” shall mean the entombment of a deceased person in a vault, crypt, tomb or mausoleum erected on a plot above the normal level of ground.
J. Ground Burial or Interment: “Ground Burial or Interment” shall mean an interment made in coping or underground vault.
K. Plot Owner: The term “Plot Owner” shall include person or persons who have purchased interment or entombment rights or who own same by right of inheritance or transfer. The “Plot Owner” does not acquire a proprietary interest in the land on which the burial place is situated; he does acquire full proprietary ownership of the coping, tomb or other improvements erected thereon and is solely responsible for bearing the expenses maintenance and repairs to all improvements.
L. Legal Custodian of Remains: The term “Legal Custodian of Remains” shall mean the person or persons as provided for by testament or by statute.
M. Contractor or Contractors: the term “Contractor or Contractors” shall mean architects, builders, cleaners, letter cutters, pavers, gardeners, etc., or their agents or employees.
N. Receiving Vault: the term “Receiving Vault” shall mean a crypt in which a body is interred temporarily, usually for a rental fee to await permanent burial.
O. Annual Care: the term “Annual Care” shall mean the normal upkeep on a yearly basis of a plot, provided at a fee (Annual Dues) for service by Management. It does not include painting or any repairs of any kind or any maintenance of structures upon a plot.
II. Purpose of the Cemetery:
A. The Catholic Cemetery is established and operated to provide members of the Roman Catholic Church with ground for burial purposes.
B. In all matters pertaining to the cemetery, including sales, burials, maintenance, policies, services, monuments, monument plaques, and other operations, these Rules and Regulations and the current discipline of the Church shall govern at all times; any situation not specifically covered or provided for in these Rules and Regulations shall be at the discretion of Management.
C. Appeals against decisions and policies may be made only to the Administrator of the Cemetery who, when circumstances are warranted, will bring an appeal to the Administrator of the Parish for a definitive judgment.
III. Admissions to the Cemetery:
A. The Management reserves the right to determine who may enter its Cemetery and shall refuse admission and / or the use of its facilities to any person or persons as these Rules and Regulations or its judgment may dictate.
B. Automobiles and other motor vehicles and automotive equipment are allowed into the Cemetery only with the permission of Management.
IV. Arrangements for Funerals and Interments:
A. Management shall have the right to request those wishing to secure a burial place or to arrange for an interment and funeral to call in person at the Cemetery Office during office hours and in ample time to complete arrangements.
B. The plot owner or his duly authorized representative shall have the right to order the location of each interment in a mausoleum if, in the judgment of the Administrator of Cemetery conditions permit. Should no such order be made, the Management reserves the right to make the interment in a location designated by the Administrator of Cemetery. Certificates for ground burials are sold in order of next available.
C. Louisiana law provides that any person signing any authorization for the interment of any remains warrants the truthfulness of any fact set forth in the authorization the identity of the person whose remains are sought to be interred, and has authority to order the interment, and such person shall be personally liable for all damages occasioned by or resulting from breach of such warranty.
D. Management shall assume, upon presentations of a title or written order authorizing the opening of a plot for interment or disinterment, that all interested parties have acquiesced in the interment of the party or parties to be interred, and Management shall not be liable for improper opening or closing of a burial place unless a protest in writing has been made and filed in advance with the Administrator of the Cemetery.
E. Management shall in no way 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 complied with, or where said Rules and Regulations forbid such interment; and, further, said Management reserves the right, under such circumstances, to place the body in a receiving vault until full rights have been determined. Persons filing such protests must guarantee the interment fee and all other costs which may arise from such action.
F. Management reserves the right to refuse interment in any plot, vault, crypt, or tomb and to refuse to open any burial place for any other purpose, except on the presentation of the title or written application by the plot owner or owners of record or their designated agent. To avoid inconvenience, Management may accept from the plot owner or title holder a faxed /telegraphed authorization for interment.
G. Management shall not be responsible for any order not in writing or instruction given by telephone directly or indirectly, or any mistake or delay occurring from said telephone order, or from want of precise and proper instruction as to the particular space or crypt to be used, size and location of plot or tomb, etc, where interment is desired. Management reserves the right to make an equitable charge whenever additional labor costs result from mistakes or changes in the orders.
V. Interment and Removal Procedure:
A. No person or persons shall inter, disinter or re-inter any human remains within the confines of the Cemetery without first contacting the Cemetery Office, completing the necessary forms and obtaining permission from Management. Management may request an authentic Act of Authorization of the person or persons entitled by law to order the disinterment and / or removal. (Incorporation of C13).
B. All orders for interments, disinterments and removals are accepted subject to the laws and ordinances of the city, parish and state, the laws and discipline of the Catholic Church, and these Rules and Regulations. Orders and Permits will be valid for 30 days unless an extension is granted by the Administrator of the Cemetery.
C. Title or a statement of title location to the burial place to be used must be presented at the Cemetery Office before an interment will be made. The Administrator of the Cemetery must have assurances of the right of interment as requested before a burial place will be opened. Fees and other charges fixed by Management for interments, disinterments, removals or other services related thereto are due and payable at the Cemetery Office before a burial or disinterment will be permitted.
D. The necessary burial permits must be completed by the Funeral Director and presented to the Cemetery Office. The completed permit is signed by a representative of the parish and then mailed to LA Vital Records.
E. The Management shall not be liable for the accuracy of the information contained in such burial permit nor for confirming the identity of the person to be interred.
F. Payment or arrangement for payment of any and all indebtedness due to the Cemetery must be made before an interment will be allowed. This applies to the Plot Owner, Legal Custodian of Remains, or Contractor.
G. No casket shall be opened within the Cemetery by any person without the consent of Management.
H. Management shall not be liable at any time for any damage or breakage to doors, tablets, slabs or other parts of tombs, mausoleums, vaults, copings, or memorials and same are always handled only at the owner’s risk.
I. Management reserves the right to refuse to make an interment in any tomb, vault or crypt which in the opinion of the Administrator of the Cemetery, is not airtight, is unsafe or does not conform to the regulations of the Board of Health.
J. Management assumes no liability for the damage to any casket or burial case incurred in making the disinterment and removal.
K. Management shall have the right to designate the hour and manner in which interments, disinterments and removals will be permitted.
L. All interments, disinterments and removals shall be subject to the payment of such charges as shall be fixed by Management.
M. Temporary vaults may be used if there is sufficient reason for temporary interment. The remains shall be removed from the temporary vault and reinterred in proper entombment on correct plot within a reasonable amount of time, which in no case shall exceed twelve (12) months, unless Management consents to a longer period of time. The Management neither assumes nor recognizes any liability for any damage to the casket or burial box which may occur from the temporary entombment or from the removal from the temporary vault and making the permanent burial.
N. Management reserves the right to inter, or have interred, and disinter or have disinterred, paupers.
VI. Correction of Errors:
A. Management reserves and shall have the right to correct any errors that may be made by it, either in making interments, disinterments or removals, or in the descriptions, transfer or conveyance of any interment rights or plot, either by canceling such conveyance and substituting any conveyance in lieu thereof other interment rights or plot of equal value and similar location as far as possible, as may be selected Management. In the event any such error shall involve the interment of the remains of any person in any plot, Management reserves, and shall have, the right to remove and re-inter the remains in such other plot of equal value and similar location as may be substituted and conveyed in lieu thereof.
VII. Rights Obligations of Plot Owners:
A. Management reserves the right to specify the terms of purchase of all interment rights and plots, crypts, etc.
B. All rights of interment and all proprietary rights to improvements on this burial plot shall be presumed to reside in the party or parties named in the title or their legal heirs; these rights and other rights which may be alleged as related to the burial place shall be subject to all conditions, regulations and restrictions set forth in the title and in these Rules and Regulations.
C. The use of plot, crypt, etc. is for the interment of human remains only.
D. Plot owners shall not permit interments to be made in their plot or plots for remuneration, but may sell said plot with all rights, privileges and obligations which accompany ownership thereof, provided the Cemetery is so notified and the new owner(s) are identified in the Cemetery records.
E. Should the purchaser of a burial place, his heirs, and assigns fail to carry out the terms of the purchase agreement, Management may declare said agreement cancelled and all rights of the purchaser, his heirs and assigns forfeited as well as to all payments made after first having fifteen (15) days written notice by deposit of a letter in the United States Post Office with adequate postage thereon duly prepaid to the person or persons making the purchase at the address stated or the Cemetery records. In the event of such failures or default and an interment has been made in said burial place, Management is empowered to act as duly appointed agent in obtaining any and all necessary interment or health permits for removal and re-interment in another location. As long as the remains are with said Management this agency shall be coupled with an interest and this power shall be irrevocable. Management reserves and shall have the right, immediately or at any time thereafter, without further notice and at its discretion, to remove all remains from said plot, then re-inter in any part of said Cemetery grounds and there after all liability or responsibility of Management shall cease. Management shall be under no obligation to locate place of interment or remains.
F. No interment rights or contracts from the purchaser of interment rights can be sold, assigned, transferred, pledged or hypothecated without the written approval of Management. This provision applies to all sales, whether made directly by the Cemetery, its agents, or by plot owners.
G. No coping or mausoleum, nor shall any inscriptions be placed upon any plot, tomb, coping or monument, effigy or structure of any kind shall be erected upon any plot, tomb, mausoleum without the consent of Management and, should any such monument, effigy or structure or any inscriptions be placed upon said plot, tomb coping or mausoleum, then Management shall have, at its discretion, the right to remove same and bill the offender for costs thereof.
H. No tomb, mausoleum, coping, monument, marker, etc shall be erected on any plot or plots other than by a memorial contractor approved by Management.
I. The plot shall not be used for any purpose other than a place of burial for the human dead and no trees, shrubs, etc. may be planted within the plot or adjacent thereto without the written permission of the Management.
J. If any trees, shrubs, etc. are planted on any plot by the owner or his heirs without written consent of Management, then Management shall have the right to enter upon said plot and remove such trees, shrubs, etc. at its discretion.
K. It is the duty and responsibility of the plot owner to maintain his plot and memorial. In event of default, Management reserves and shall have the right at the expense of the plot owner and as a charge against said plot to remove all grass and over-growth, including trees, shrubs, etc. from the lot as often as it necessary, charging the prevailing rate for such service. In the event of default for maintenance to memorials, Management will have the right at the expense of plot owner and as a charge against said plot to repair and remove any memorial that has become dangerous or dilapidated or any other object of embellishment that has become unsightly or dangerous. Prior to undertaking or causing such work to be executed, Management shall notify the owner or his recorded assignee or successor in title, in writing by letter directed and mailed to his last known address not less than fifteen (15) days prior to causing the work to be performed. Management reserves and shall have the right to permit or deny further interments in the plot until all monies due the Cemetery for such services have been paid.
L. Work made necessary by Acts of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosion, unavoidable accident, invasion, insurrection, war, riot, the elements, or other conditions or circumstances which render immediate work necessary in order to protect the public and / or adjacent property in the event municipal, health or police authorities have ordered such work, then and in those events, it shall not be necessary to advise the purchaser or his assign or successor in title, and in all events plot owner shall be responsible for all work done or damage sustained.
M. Description of plots will be in accordance with the Cemetery plats which are kept on file in the Cemetery’s offices.
VIII.Titles, Transfers and Assignments:
A. Only one title shall be issued for each plot, crypt, vault or place of burial.
B. A plot shall be indivisible and the whole of such plot becomes inalienable except in cases of succession or transfer recognized by Management.
C. In event of the intestate death of a plot owner, interment rights descend to his heirs according to the law of descent as defined by the State of Louisiana, subject to the limitations set forth herein.
D. Duplicate titles will be issued only upon proper proof of ownership in the form of a notarized affidavit.
E. Transfer of ownership will be recognized when Management is provided in proper form as may be provided by law:
1. An act of donation (executed by the donor and donee in front of a notary and two witnesses), an inter vivos trust instrument, or act of sale, any of which must have been executed by the title owner during his/her lifetime, in authentic form; or
2. A certified copy of Judgment of Possession from judicial succession of a court of competent jurisdiction to administration of the estate or probate of the last will and testament or of the title owner.
3. In the event no judicial succession is opened to administer the estate of the title owner or probate the will of the title owner:
a. In the event of an intestate estate all heirs of the title owner may provide the Management with an affidavit indicating that the title owner died without a known last will and testament, the identity of all known heirs of the title owner, and that all known heirs, who must each execute the affidavit requesting Management issue new title in the name(s) directed in the affidavit.
b. In the event that the title owner left a last will and testament, the heirs and legatees of the title owner may provide the Management with an affidavit indicating that the title owner left a last will and testament, a true and correct copy of which must be provided to Management for its records, with a statement that it is not anticipated that a judicial proceeding will be opened to probate the testament; and setting forth the identity of all known heirs of the title owner, and establishing that all known heirs, and the legatees, who must each execute the affidavit, request Management issue new title in the name(s) directed in the affidavit.
In the absence of any of the requirements of the above methods of transfer of title being satisfied, Management reserves the right to deem title to a plot abandoned after 5 years after the death of a title owner.
If, during the entirety of that 5-year period, any person has identified himself or herself as a responsible party for such plot and has paid all dues and fees, associated with that plot throughout that five-year period, Management may in its sole discretion issue title to that individual. Notwithstanding any such title transfer, any child or the former title owner may be buried in the plot if the former title owner is buried in that plot. The authority of the Management to utilize this discretionary method of transfer shall be retroactive to the adoption of these regulations and apply for persons who have been paying the fees and dues associated with plots under the names of other persons under circumstances as set forth above.
F. A fee will be charged for duplicate titles, transfers, assignments and endorsements according to the prevailing schedule or charges.
G. Any conveyance by a plot owner contrary to these Rules and Regulations, or any attempt to sell or give away all or any part of a burial plot in any manner other than set forth in the above rules, shall be void and of no effect.
H. On all duplicate titles, endorsements, transfers, affidavits authorizing certain services, and similar documents, the owner shall agree to indemnify the Cemetery from any and all liability or damages which might ensue from the issuance or acceptance of a document or the performance of a service.
I. Limitations on Transfer of Title/Designation of Title Owner Representative: Notwithstanding any other provision of these rules and regulations allowing for the transfer of ownership, whether through assignment, donation, sale, inheritance or otherwise, in the event of multiple persons being title owners it is the responsibility of the title owners of record to designate one individual title owner of record who shall serve as the representative of the title owners for the purpose of communications to/from St. John Francis Regis Administrator of the Cemetery with respect to any notices due to the title owners and who shall serve as mandatory (agent) with respect to all decisions which the title owners are entitled or obligated to make with respect to the subject plot.
IX. Service Charges and Payments:
A. The Management shall have the right to fix a charge and time of payment for each interment, disinterment, removal, sale of plot, plot transferred or returned, maintenance of plots, and for the performance of any other service rendered by the Management; and all work in connection with such service shall be subject to the approval and supervision of said Management.
B. All fees or charges for service are payable at the office of the Cemetery and a receipt should be requested.
X. Right to Re-Plat:
A. The following rights and privileges are hereby expressly reserved to Management to be exercised, at any time or from time to time in perpetuity, 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 the disposal or interment of, human remains or other cemetery purpose:
1. To resurvey, enlarge, diminish, re-plat, alter, in shape or size, or otherwise to change all or any part of portion of the Cemetery.
2. To lay out, establish, close, eliminate, or otherwise modify or change, the location of roads, walks or drives, provided ingress and egress to and from any plot is preserved or is allocated to the plot holder.
B. The following rights and privileges are hereby expressly reserved to Management to be exercised at any time or from time to time in perpetuity:
1. Easements and rights of way over and through all of said Cemetery premises for the purpose of installing, maintaining and operating pipelines, conduits or drains for sprinklers, drainage, electric or communication lines or for any other Cemetery purposes.
XI. No Easements Granted:
A. No easement or right of interment is granted to any plot owner in any road, drive or walk within the Cemetery, but such road, drive or walk may be used as a means of access to the Cemetery and its buildings as long as Management devotes such road, drive or walk to that purpose.
XII.Use of Cemetery:
A. Visitors: Within the Cemetery shall use only the avenues, roads and walks allotted by the Cemetery for ingress or egress. Management expressly disclaims liability for any injuries sustained by anyone violating this rule.
B. No one is permitted to sit or lounge on any of the grounds, graves or monuments in the Cemetery, or in any of the buildings.
C. Trespassers: Only the plot owner and his relatives or friends shall be permitted on the Cemetery plot. Any other person thereon shall be considered a trespasser, and Management shall own no duty to said trespasser to keep the property or the memorial thereon, in a reasonably safe condition.
D. Children: Under sixteen (16) years of age are not permitted within the Cemetery unless accompanied by an adult.
E. Animals: Shall not be allowed in the Cemetery or in any buildings in the Cemetery, except such animals as are connected by the sight impaired.
F. Lawns: Shall not be disturbed for any purpose except under the supervision of Management.
G. Ornaments and Flower Vases: Management reserves the right to regulate the method of decoration of plots so that uniform beauty and utility of the cemetery is maintained.
H. Liability for Floral Pieces or Vases: Management shall not be liable for vases, floral pieces or baskets in which or to which such floral pieces are attached.
I. Removal of Floral Frames: Management reserves the right to remove or demand the removal of any flowers, vases, frames or designs. If floral frames are not collected within three days after a burial, or in time to allow access by other plot owners as needed for interment, by those entitled to them, Management may remove and dispose of them in any manner it sees fit.
J. Motor Vehicles: Automobiles, funeral coaches and trucks must be kept under control at all times and at no time shall such vehicles drive through the gates within the Cemetery at a speed in excess of five miles per hour.
K. Bicycles and Motorcycles: Management reserves the right to refuse admission to the Cemetery of bicycles or motorcycles.
XIII.Conduct in Cemetery:
A. Idling, loafing, loitering or any boisterous behavior within the cemetery or its buildings is prohibited.
B. Rubbish, wastepaper, wilted flowers, waste from maintenance activities may not be left on cemetery grounds, plots, walkways, roadways or buildings.
C. Flowers and shrubs: No one is permitted to cut, break, pick or remove any flower, branch, or otherwise cut, remove or injure any tree, plant or shrub without the specific permission of Management.
D. Peddling or Soliciting: No one shall be permitted to peddle flowers, plants or any other articles or items, or to solicit funds for any purpose whatsoever within the cemetery unless authorized by Management and under its direct supervision.
E. Signs and Advertising: No signs, notices or advertising of any kind shall be allowed within the Cemetery except those placed there by Management.
F. Improper Assemblages: Management reserves the right to forbid and prevent assemblages which it deems improper or unbecoming to a Catholic cemetery.
G. No person or persons, other than an agent of Management, or an employee authorized by Management, 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.
H. All persons are reminded that the Cemetery grounds are sacred and devoted to the burial of the dead and that the provisions and penalties of the law, as provided by Statute, will be enforced in all cases of wanton injury, disturbance or disregard of these Rules and Regulations.
XIV.Grading and Improvements:
A. All grading, landscape work and improvements of any kind shall be done, and all trees, shrubs and herbage of any kind shall be planted, trimmed, cut or removed solely by Management or under its direction.
B. All improvements or alterations of plots in the Cemetery shall be under the direction of and subject to the approval of Management; and should such be made without its written consent, said Management reserves the right to remove, alter or change such improvement or alteration at the expense of the plot owner.
XV.Cemetery Hours:
A. Management shall have the right to fix the opening and closing hours of the Cemetery, Cemetery Office and buildings. No one is permitted in Cemetery when gates are locked.
XVI.Outside Workers:
A. No workmen other than employees of Management will be permitted to work in the Cemetery unless authorized by said Management. However, plot owners may have certain work done in accordance with these Rules and Regulations at their own expenses upon application to Management.
XVII.Employees:
A. Cemetery employees are not permitted to perform any work for plot owners except under the order of Management.
B. Management shall have the right to maintain guards if in its discretion it deems it necessary but is under no legal obligation to do so.
C. Cemetery employees are instructed to be courteous and cooperative with plot owners and visitors. Lack of courtesy and civility should be reported to the Administrator of the Cemetery where the incident occurs.
XVIII.Loss or Damage:
A. Tombs, coping and all other improvements on a site are the property of the purchaser and heirs. The Cemetery assumes no responsibility for loss or damage to said property by visitors, vandals or unauthorized parties who enter the Cemetery. Management also disclaims all responsibility for loss or damage due to an Act of God, the elements, earthquakes, wars, common enemy, air raids, invasions insurrections, riots, order of any military of civil authority, thieves, vandals, strikers, malicious mischief makers, explosions, automobiles or any cause similar or dissimilar beyond control of Management whether the damage or loss be direct or collateral.
B. In the event it becomes necessary to reconstruct or repair any section or plot, including graves, tombs or crypts, or any portion or portions thereof, which has been damaged by such causes, Management shall give a fifteen (15) day written notice of the necessity for such repair to the plot holder of record. The notice shall be given by depositing the same in the United States mail, with postage thereon duly prepaid, addressed to the plot owner of record as his or her address stated on the books of the Management. In the event the plot owner fails to repair the damage within a reasonable time, Management may direct that the repairs be made and charge the expense against the plot and the plot owner of record.
XIX.Plot Owners Change of Address:
A. It shall be the duty of the plot owner or his legal heirs to notify Management of any change in his address. Notice sent to a plot owner at the last address in Management’s records shall be considered sufficient and proper legal notification.
XX.Care and Maintenance:
A. The annual care and maintenance fee (Annual Dues) is due in advance on or before November 5 of each year and said fee will be set by Management. Perpetual dues are included in new purchases. It is to be understood that general care is that care and maintenance necessitated by natural growth and ordinary wear, and includes but is not limited to, cutting of lawns and the cleaning and maintenance of roadways, walks and buildings, provided there are sufficient funds for these purposes.
B. The term “Care and Maintenance” shall in no case mean the maintenance, repair or replacement of any memorial placed or erected upon any plot; or planting flowers or ornamental plants; nor any special or unusual work in the Cemetery, including work caused by impoverishment of the soil or disruption of water supply or facilities; nor does it mean the reconstruction of any marker, granite, bronze or concrete work on any section of plot, or any portion or portions thereof in the Cemetery, injured or damaged by any cause, direct or indirect, beyond Management’s reasonable control.
C. All grass cutting, grading, and care of plots shall be done under the direction of Management except where permission has been granted to plot owners to do such work on their plots personally or by their gardeners.
D. No plot owner is permitted to bring in dirt, sand, fertilizer etc., for the purpose of filling graves or raising the level of the plot except with written permission of Management.
E. In the event of a plot, tomb, coping, mausoleum, etc. having neglected upkeep and maintenance of the plot and / or structures to such an extent as to depreciate the value of plots adjoining and to become a detriment to the Cemetery as a whole, Management reserves the right after properly notifying the owner or owners by letter sent to the last known address, or by advertisement in the local newspaper, to disinter the remains which may be therein, dismantle any such structure, re-inter remains, and level off the plot.
F. Management reserves the right to refuse to make interments in any tomb, mausoleum, crypt or plot which may be in such bad structural condition that opening and closing would be in violation of City and State Health Regulations or, in its sole judgment, would be dangerous to its employees.
XXI.Memorials and Rules for Memorial Work:
A. General:
1. These provisions set forth in these regulations and instructions shall govern generally the activities of independent sellers and installers of memorials and monuments, hereinafter referred to as Contractors, and other work done in connection with the preparation and installation of memorials and any other work done on or to memorials on Cemetery property.
2. Memorial dealers shall abide by all the Rules and Regulations of the Cemetery.
3. The lot owner and his agent, next-of-kin, or personal representative shall have the right to purchase a memorial and/or installation service from any Contractor provided that the memorial and installation service is in accordance with the lawful published specifications, guidelines and instructions of the Cemetery.
4. The Contractor of memorials may be authorized by the lot owner or his agent, next-of-kin, or personal representative to perform all necessary work related to preparation and installation of the memorial.
5. It is understood that it is the owner’s responsibility to have the contractor meet the needs of the order.
6. Mausoleums, tombs and copings, either wholly or partially above ground, shall be constructed only in plots designated. Plans, specifications, material and location in the plot of such mausoleum, tomb, or coping shall be subject to the approval of Management.
7. The Cemetery is entitled to determine that the person ordering the memorial and installation service is authorized to do so, to the extent this may be determined by the records of the Cemetery.
8. The Cemetery shall provide lot owners, next of kin, their families and their agents, including Contractors, without charge, locations and any other information from its records essential to locate the proper grave.
9. Management reserves and shall have the right to correct any error that may be made by its employees or by any other person or persons in the location of or placing of a memorial in the Cemetery.
10. Management reserves the right to stop all work of any nature, whenever, in its opinion, proper preparation therefore has not been made; or when work is being done in such a manner as to endanger life or property; or when there is evidence of misrepresentation; or when work is not being executed according to specifications; or when any reasonable request on the part of Management is disregarded; or when any person doing the work violates any rules of Management.
11. The Cemetery may charge a fee based on its actual labor costs to inspect the finished work product of contractors of memorial foundation and installation services. Actual labor costs, in accordance with general accounting practices, are defined as the hourly compensation including fringe benefits of those employees whose normal duty is to inspect memorials and contract work. Normal inspection time will vary with different types of memorials and conditions.
12. Management accepts no responsibility for the protection of raised lettering, carving or ornaments on any memorial or structure on any plot.
B. Permit:
1. A permit from the Cemetery office must be obtained by the contractor before a tomb can be opened for a burial or disinterment or removal or rearrangement of human remains or before any construction or work of any kind may be performed inside Cemetery locations.
2. The contractor, acting on behalf of the memorial purchaser/authorizer, shall present to the Cemetery the work order with the full name, address and relationship of the purchaser/authorizer to the decedent or owner for whom the memorial is being installed. The work order must also contain the type and size of memorial, the material (such as granite, marble or bronze), and the full name and dates of the person(s) to be interred or the person(s) whose name and dates are being inscribed.
3. A detailed plan and design of all memorials must be submitted to the Management for approval before a permit is issued, and no memorials shall be erected or placed until reviewed, approved and accepted by the Management. If the memorial does not conform in every detail to the approved design, it shall be the sole responsibility of the dealer to correct any errors or deficiencies in workmanship and material.
4. Before a permit will be issued, the Contractor must show current proof of Workers Compensation as required by state laws and must also show current proof of liability insurance in the amount required by the Diocese of Lafayette, naming the Diocese of Lafayette and St. John Francis Regis Church as additional insured, to indemnify the Cemetery against claims resulting from his work.
5. Management reserves the right:
a. To fix the days and hours when a permit may be obtained and when a memorial may be delivered to the Cemetery.
b. To refuse a permit to any person, dealer or contractor whose workmanship in the past has been unsatisfactory or who has previously violated the Rules and Regulations of the Cemetery.
c. To refuse a permit if the size, type, quality, thickness or finish of any material to be used in construction does not receive its approval.
d. Fix charges for memorial permits, and the right to demand that said charges be paid in advance and before the work is done. Management also reserves the right to fix and charge a fee for any memorial left at the Cemetery before the Cemetery permit has been issued.
e. To refuse a permit, if there is any outstanding debt on said location which includes, but is not limited to, cemetery dues.
6. Following notice from the Contractor that the installation/work has been completed, the Administrator of the Cemetery will inspect the installation/work. If it is determined that specifications were not followed, or the finished work may endanger life or property, the Administrator will contact the contractor to correct the infraction(s).
C. Performance:
1. The contractor will not sell or install any memorial that is not in accordance with the lawful published specifications, guidelines and instructions provided by the cemetery.
2. The Contractor shall locate the grave space as outlined on the Cemetery plot plan. The Cemetery may require that the Contractor’s representative certify the location prior to any work by the Contractor, and the Cemetery shall not be responsible for compliance with any order not in writing for any mistake due to the lack of precise and proper instructions as to the particular space, size and location in a space where work is to be done.
3. All installation work and the cutting of inscriptions will be done during Cemetery normal weekly working hours or at such other times as may be arranged by the Cemetery.
4. All work in connection with the preparation and installation of a memorial or the cutting of an inscription will cease while a funeral is in procession, or a committal service is being conducted nearby.
5. The type of memorial permitted and the location and position in which said memorial is to be placed or erected on a plot shall be entirely subject to the approval of Management.
6. All memorials shall be constructed of concrete, marble or granite. Concrete blocks, bricks or spars are not acceptable for exterior construction of a burial place. Exterior natural stone, precast stone, marble, granite and other materials must be of a thickness acceptable to and approved by Cemetery.
a. Replacement crypt doors in Mausoleum in Cemetery must be made of the same material, in like thickness, as the originals.
b. Replacement crypt doors in Garden Mausoleum in Cemetery must be made of the same material, in like thickness, as the originals.
c. Crypt doors in mausoleums must be of the same material, in like thickness, as those of the originals.
d. All work done in all mausoleums must be of a nature that the appearance will be uniform with the original workmanship.
7. The memorial will be transported to the Cemetery lot in a manner which will not cause damage to the Cemetery lawn.
8. As a rule, only one monument shall be erected on a plot and the same must be placed at the rear of the coping or enclosure. In no case shall a monument or marker encroach upon space required for interment.
9. The Contractor shall follow the Cemetery’s instructions regarding positioning of the marker or memorial.
10. The stacking or placing of one tomb on top of another is not allowed.
11. The centerline of the memorial will be aligned laterally and longitudinally with the center of the grave in accordance with the Cemetery’s written instructions.
12. The memorial may be a single or double vault. (For a triple vault, please consult with the Cemetery personnel.)
13. All foundations and all memorials are to be erected on proper footings with reinforced concrete and set to conform with plans, Rules and Regulations, or when not specified in the Rules, construction is to be governed by the City code and / or building code of each craft.
14. A coping and front porch (one foot) is required on all new construction.
15. All sod and dirt during excavation will be carefully removed. None will be left on the Cemetery lot except that needed to fill the space between the memorial and the adjacent lawn. Check with cemetery personnel to determine if there is a designated site for dirt removed.
16. The Contractor will remove equipment and any type of debris which may have accumulated in the process of installing the memorial.
17. The Contractor will carefully fill in any areas around the memorial with topsoil or sand; the contractor will also check to see if any adjacent memorials have become soiled due to his work of installing the memorial and, if so, will clean such memorials.
18. All excess concrete will be removed from Cemetery. No dumping anywhere in front ditch, along the highway, or along the fence line.
19. If the Contractor should damage any Cemetery property, he shall first notify the Administrator of the Cemetery of the damage. He shall then repair such damage as soon as possible to the satisfaction of Management and/or plot owner. Upon failure of the person or entity to make such repairs, same will be undertaken by Management and the cost charged to the dealer or contractor and, in their default, to the plot owner. Said charges must be paid before the plot can be used for an interment.
20. When the Contractor has completed the memorial installation/work, he must notify the Cemetery office that the work is completed.
21. If the Administrator of the Cemetery believes a memorial has not been installed correctly, or that the Contractor has damaged the Cemetery grounds or property, the Administrator of the Cemetery will notify the Contractor in writing of such errors, in a timely manner.
22. If the Management should find any debris, equipment, or any other undesirable thing that the Contractor has left in the Cemetery, then the Administrator of the Cemetery will call the Contractor immediately upon discovery and the Contractor will then be required to remove such items.
23. If a memorial should sink, tilt or become misaligned within twelve (12) months and the Administrator of the Cemetery believes this is due to faulty installation, the Administrator of the Cemetery shall notify the Contractor in writing so that the Contractor can correct it.
24. Equipment owned by the Contractor shall be used exclusively in making interments, disinterments and removals.
XXII. General Provisions:
A. The statement of any employee of Management shall not be binding upon Management except as such a statement coincides with the document conveying the right of interment and these Rules and Regulations.
B. These Rules and Regulations shall apply to any plot, memorial, mausoleum, etc. now in existence or which may hereafter be erected in the Cemetery.
C. Management shall in no way be liable for any delay in fulfillment of any of its contractual or legal obligations, including but not limited to maintenance care, burial of the dead, memorial work or construction, which may arise from causes beyond its reasonable control including delays caused by the elements, Acts of God, common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or order of any military or civil authority.
D. Management reserves the right, without notice, to make exceptions, suspension or modifications in any of these rules or regulations when, in its judgment, the same appears advisable; and such exceptions, suspension or modification shall in no way be considered as affecting the general application of such rule.
E. In all matters not specifically covered by these Rules and Regulations Management reserves the right to do anything which in its judgment is deemed reasonable in the premises, and such determination shall be binding upon the plot owner and all parties concerned.
F. Management reserves the right at any time and from time to time to change, amend, alter, repeal, rescind or add to these Rules and Regulations or any part thereof or to adopt any new rule or regulation.