The name of this organization shall be the “Linden Cemetery Association” The word “Association” whenever used unqualified in these bylaws shall mean the Linden Cemetery Association.
Article II – PURPOSE
The purpose of this Association shall be to conduct the business of the Linden Cemetery, and to provide for its upkeep.
Article III – MEMBERSHIP
This Association shall consist of 5 or more members to be known as Directors.
A member or Director must be either the owner, heir or successor of a lot or partial lot in the Linden Cemetery; or an interested local citizen of the community recommended by a Director, and nominated by another Director.
Directors of this Association shall be elected by a majority of the Directors present at the Annual Meeting after being nominated by either a Director, or by a petition of five (5) or more different individual lot owners, their heir or successors. Each lot owner, or representative, may have only one signature per owner on a petition for Director nomination.
The President shall temporarily fill for the unexpired term, with Board approval, all vacancies caused by the death or resignation of any Director or Officer.
A Director may be removed from the Board by a two-thirds majority vote of the full Board of Directors.
The Board of Directors shall elect the following officers from within the Board of Directors for a term of one (1) year: President, Vice President, Secretary-Sexton, and Treasurer.Article
IV - DUTIES OF OFFICERS
Section 1: President
It shall be the duty of the President:
1. To preside at all meetings;
2. To appoint all committees not otherwise provided for;
3. Sign all certificates issued by the Secretary-Sexton;
4. And assist all the other Directors in the discharge of their duties.Section 2: Vice President
It shall be the duty of the Vice-President:
1. To assist the President in the discharge of his or her duties;
2. To perform such duties and exercise authority as may be conferred upon him or her by the bylaws of this Association;
3. In the absence or temporary disability of the President he or she shall exercise all the authority and discharge all duties of that office until such absence or disability shall terminate;
4. In the case of the death, resignation or removal of the President, the Vice-President shall succeed him or her.Section 3: Secretary-Sexton
It shall be the duty of the Secretary-Sexton:
1. Record and keep the minutes of all meetings of the Association;
2. To make all reports, and conduct any necessary correspondence on behalf of the Association;
3. Sell lots and graves, and issue certificates for same, bearing his or her signature, and the seal of the Linden Cemetery Association;
4. Keep accurate records of the Cemetery as to ownership, right to burial of all lots and graves;
5. Mark all graves for opening;
6. Receive and keep all burial permits;
7. Mark the location for installation of all monuments by, or on behalf of, all lot and grave owners, and/or their heirs; prior to installation;
8. Have charge of all equipment and keep it in good repair;
9. See that the Cemetery is kept in good condition.Section 4: Treasurer
It shall be the duty of the Treasurer:
1. Keep accurate financial records of the Association, with timely recording of all expenditures and receipts;
2. To insure that all financial transactions of the Association are recorded in the Linden Cemetery Association General Fund checking account #30-3533-4 domiciled at the Linden State Bank; the Directors having the authority to designate, at their desecration, the location of the Association’s General Fund checking account at any Federally insured financial institution;
3. Prepare and present at the Annual Meeting, a report for the past year of all receipts, expenditures, assets and liabilities of the Association;
4. Be bonded to the extent which the Board of Directors determines is necessary, the premium for which is to be paid by the Association;
5. Maintain custody of all monies, bonds, securities and other financial instruments belonging to the Association.Article V - THE AUDITING COMMITTEE
The Auditing Committee shall consist of two (2) Directors except the Treasurer, to be appointed by the President at the Annual Meeting.
The Audit Committee shall report to the Board of Directors at the Annual Meeting in February, or upon request of the President.
Article VI - DESCRIPTION
A. That part of the Linden Cemetery containing 93 lots immediately adjoining the “old part” on the south and east, shall be known as Section 1;
B. And all that part lying south of Section I, and between the east and west driveways containing 96 lots, shall be known as Section II,
C. And the south part lying east of the east driveway containing 60 lots, shall be known as Section III;
D. And all north of Section III, and east of Section I containing 45 lots, shall be known as Section IV;
E. And all that part lying south of the west part of Section I, and west of the west driveway (west of Section II) containing 84 lots and/or parts of lots, shall be known as Section V.
The size of a full lot shall be 30 feet by 13 feet, one-half lot shall be 15 feet by 13 feet, and one-quarter lot shall be 7-1/2 feet by 13 feet. Each full lot shall contain space for eight (8) graves.
All graves will be sold in multiples of two. Single graves shall be sold only in the north end of Section IV of the cemetery.
Graves shall be sold for cash (or check) for an amount as determined by the Board of Directors and is on file with the Secretary-Sexton. Payment in full must be made to the Association prior to a Certificate of Ownership being issued, and prior to any burial.
The price of lots may be revised as conditions warrant by a majority of the Board of Directors.
The Cemetery shall charge an Interment Administrative Fee such as is deemed necessary by the Board of Directors for each grave opening at the time of said opening, regardless of the size of the grave opening, for the purpose of administration, cleaning, leveling, and establishing grass and maintenance of the grave.
Lots, partial lots and/or graves may be transferred and assigned within the rights of burial upon said lot(s) for value not to exceed the original purchaser’s cost per grave upon proper execution of Certificate of Transfer to be provided by the Association, and duly recorded by the Secretary-Sexton of the Association.
Article VII - RESTRICTIONS
No shrub, tree, perennial, and/or annual shall be permitted to be planted on any lot, part lot, or grave which will reach a height of more than 4 feet; nor will they encroach on an adjacent lot or grave. Trimming and shaping of these plants shall be the responsibility of lot owners. Should the growth of any plants exceed these requirements, or become unsightly or hazardous, the Association may cause said plants to be trimmed and/or removed.
Any lot corner stones, which are placed after the adoption of these bylaws, shall be deep enough in the ground that a lawn mower may pass over the top.
Foundation minimum specifications shall consist of poured concrete 36 inches in depth for monuments 56 inches or greater in length and/or 48 inches or greater in height. All foundations for monuments less than 56 inches in length and/or 48 inches in height shall consist of poured concrete no less than 30 inches in depth.
The foundation and/or monument shall not encroach on an adjoining lot owner. A representative of the Boar of Directors shall approve the location of all monuments and/or memorials prior to the installation of the foundation.
All monuments and/or markers installed other than tat the head of the lot and/or grave shall be at grade level so that a lawn mower may pass over the top. The foundation for these shall consist of poured concrete according to the aforementioned specifications.
NO monument or memorial shall be permitted to be installed until all accounts with the Linden Cemetery Association are paid in full.
A burial vault is required for all interments; cremains are exempt when they are contained in an approved solid container. Cremains shall be interred in the approved solid container and shall not be scattered above ground.
The Association shall not be responsible for vandalism, or the upkeep of grave stones, monuments, or mausoleums unless sufficient money has been bequeathed the Association for that purpose.
Ignorance of the restrictions contained in any of these by-laws, does not exonerate lot and/or grave owners from their compliance.
Article VIII - MEETINGS
The President shall call for the Annual Meeting of this Association, to be held in February, on a date which shall be set with at least 10 days prior notice.
Officers for the ensuing year shall be elected at this Annual Meeting.
The President shall call any meetings during the year as occasion may require.
Three (3) or more Directors may call for a meeting with at least 10 days prior notice being given to all Directors.
A quorum of at least 51% of the Directors must be present before the presiding officer may call a meeting to order for the transaction of business.
Article IX AMENDMENTS
These bylaws may be amended at any meeting of the Association, and no notice of proposed amendments need be given in the call for the meeting.
No amendments shall be adopted unless the majority of all Directors votes in favor of the proposed amendment(s).Article X
These bylaws shall be written in the minutes of the meeting at the time of their adoption, and made available upon request.