BY-LAWS FOR THE CONDUCT, OPERATION AND REGULATION OFText Box: Sections marked with an asterisk (*) are required by the ELCA.   Underlined words are additions.   Words with a line through them are to be deleted.

THE MT. ZION LUTHERAN CEMETERY, NEW MARKET, VA.

 

WHEREAS, there was adopted by the Congregation of the Mt. Zion Lutheran Church, New Market, Virginia, a resolution under date of the sixteenth of November, 1986, approving an addition to the Congregational By-Laws establishing five (5) Trustees to be elected by the Congregation for Mt. Zion Lutheran Cemetery, and

 

WHEREAS, it is the will and expressed desire of said Congregation to set up rules and regulations for the guidance of said Trustees, the following Cemetery By-Laws, after having been read individually and discussion allowed, are hereby adopted, as follows, to wit:

I

Trustees elected shall serve for a term of five years, without limit as to number of terms. However, the office shall be declared vacant upon the death, resignation, or failure to continue on the roll of active confirmed members on the part of the person serving as Trustee. When there is a vacancy in the office of Trustee, the congregation shall elect a person who is on the active roll of confirmed members and who is of legal age and the congregational officers shall recommend to the court that the person so elected be appointed a Trustee.

II

The Trustees of the Mt. Zion Lutheran Cemetery shall hold in trust all property belonging to Mt. Zion Lutheran Church that has been set aside to be used for said cemetery, said property having been conveyed to the Trustees of Mt. Zion Lutheran Church by deed dated November 1, 1880 from George Lohr and Malinda Lohr, his wife and by deed dated June 14, 1962 from Austin Knupp and Alice L. Knupp, his wife and Rufus Franklin Knupp and Margaret L. Knupp, his wife.

III

A further responsibility of these Trustees shall be to provide proper supervision, care, management, of the said cemetery belonging to Mr. Zion Lutheran Church, New Market, Virginia, to assume control and management of all funds which shall be paid into its hands for the benefit of said cemetery. Funds shall be derived from the creation of a Perpetual Care Fund as described in Article VIII following.

 

IV

The said Trustees shall from its members select:

a. A Chairman whose duty it shall be to provide leadership to the whole group and to preside over all meetings of the group.

b. A Secretary whose duty it shall be to keep records of actions taken at any and all of their meetings.

c. A Treasurer whose duty it shall be to collect all funds that are paid

toward Perpetual Care of lots and/or grave sites, and to assume control of all funds deposited with the Trustees and to invest and disburse said funds as directed by them.

V

The Trustees shall be subject to and guided by the Congregation of the aforesaid Church and shall exercise only such authority as shall be delegated to them by the aforesaid Church as set out in the congregational by-laws, and as set out in these cemetery by-laws.

VI

The Trustees shall and hereby are authorized to employ such persons or persons and to furnish such equipment as they shall deem necessary and pay for the same out of such funds in their hands or as available from income derived from invested Perpetual Care Funds in the care and keeping of the Mt. Zion Lutheran Church Cemetery Trustees, received for the purpose of maintaining and providing proper care for the aforesaid cemetery.

VII

The Trustees shall determine the exact location of each grave and shall assume control and management of said cemetery and shall make such reason­able regulation as to types of monuments, markers, etc. as they shall deem necessary. A map of the present grave sites, filled and unfilled, shall be in the possession of the Trustees at the time these By-Laws and regulations are adopted, and the Trustees shall have the sole responsibility for the assignment of unfilled grave sites from this day forward. Assignment of gravesites shall be in agreement with guidelines established by the Church Council and revised from time to time as deemed necessary.

The following guidelines shall be in effect as of the date for the adoption of this resolution:

a. Opening of a grave site shall be only upon the authorization of such person or persons selected by this governing group;

b. No lot or grave site shall have a fence of any description placed around it which is above ground level;

c. Placement of above ground monuments or markers shall be accompa­nied by a base which allows for a three (3") inch border at ground level;

d. All monuments shall be in keeping with those already placed in the cemetery and shall be of such nature and design that they not detract from the demeanor of cemetery. Designs for odd or unusual monuments must be submitted for approval before placement.

e. Footstones and comer stones shall be limited to the ground level;

f. No glass containers shall be permitted as flower holders;

g. No artificial flowers or wreaths shall be used in this cemetery between the dates of May 1 and November 1. To aid in mowing and upkeep operations the Trustees are empowered to remove same;

h. No plantings shall be permitted in the cemetery other than those specifically authorized by the Trustees for landscape purposes;

i. The Trustees reserve the right to trim or remove all existing trees and shrubs, etc. as seems necessary in their judgment for the proper care of the grounds;

j. Tombstone maintenance is normally not to be included in those respon­sibilities covered by those funds received either for Perpetual Care or for annual upkeep.

k. Gravesites located in sections of this cemetery set aside for the burial of cremated remains - as determined by the Trustees - shall be subject to the following additional guidelines:

      1. All markers shall be placed at ground level;

      2. Markers shall be limited in size to no more than 20” in width or length.

      3. No more than one set of cremated remains shall be buried in a cremated remains gravesite.

VIII

All funds collected from the assignment of gravesites by number shall be deemed to be for the purpose of establishing a Perpetual Care Fund. These funds are to be managed and disbursed as provided for in Article III and Article VI above. Gifts, endowments, donations for care of the cemetery shall be deposited to the Perpetual Care Fund.

IX

During a period of six months from date of adoption of these By-Laws and Regulations, the active members of Mt. Zion Lutheran Church, New Market, Virginia, shall be given an opportunity to select a lot for the use of themselves and their immediate family at no charge for Perpetual Care from that portion deeded by the Lohrs. Present active members may on behalf of former members, their spouses and dependent children select a gravesite for a one time Perpetual Care fee of $100.00. Following the six month grace period the Trustees shall release to active members the remaining gravesites in the Lohr addition, if any, and then the Knupp addition on an individual site basis at the base price of $100.00 per gravesite which shall be for Perpetual Care. A gravesite shall be deemed to be a lot measuring 4' x 10' (four feet by ten feet). A cremated remains gravesite shall be deemed to be a lot measuring 2’ x 2’ (two feet by two feet). A gravesite may be sold to active members of the congregation and their immediate family members at a base price of $100 per gravesite or $50 per cremated remains gravesite. A gravesite may be sold to those who are not active members at a base price of $500 per gravesite or $100 per cremated remains gravesite.  The Trustees in consultation with the Church Council, are empowered to increase the Perpetual Care base charge for unfilled lots in the future depending upon economic conditions existing at the time and may establish an annual fee, if necessary, to assure continued proper maintenance of the cemetery. (See Addendum on Page 4.) Approval of the purchase of all lots is at the discretion of the Trustees and may be granted for such things as a misunderstanding of membership status and the relationship of existing communing members.

                                                                             X                                            

Once a gravesite has been assigned and recorded according to the guidelines set forth in these cemetery by-laws, and the Perpetual Care fee has been paid (if applicable), that site shall be for the exclusive use of that member and that member only and cannot be assigned by the member to anyone else.

In the event the member moves or transfers to another church and wishes to relinquish claim to a numbered gravesite, the member shall, be entitled to a refund of the $100.00 Perpetual Care fee, if paid. That site shall then become available for reassignment.

Since there is no proprietary right of ownership to a numbered gravesite, once it has been determined that because of death and burial elsewhere a member will not be interred in Mt. Zion Lutheran Cemetery, all rights to that gravesite shall be relinquished and it shall immediately become available for reassign­ment.

 

The Trustees shall and they are hereby authorized to make provision regarding unfilled portions of lots already released for use; and the Trustees shall consult with known living members, if any, of a lot owner's family and obtain written permission to dispose of said unfilled section of said lots. Should there be no known living members of the said lot owner' s family then the Trustees shall have and are hereby designated as the proper agent to dispose of any unfilled portions of lots in said cemetery, taking due care to in no way disturb occupied sections of any such lot.

XII

These bylaws may be amended by a majority vote of the congregation present at any Annual or Called meeting provided proper notice shall have been given to the Congregation that such change will be proposed.

XIII

An annual audited report shall be made by said Trustees to the Congrega­tion of the financial condition of said cemetery. The Congregation shall have the right by a majority vote of those present to select any person whom they deem qualified to audit the accounts of the Cemetery at any time, giving to the Trustees at least two weeks notice to prepare the financial books for an audit.

XIV

These by-laws and any amendments which shall be duly adopted shall supersede all previous rules and regulations, written, verbal or implied, hereto­fore used for the conduct and maintenance of this cemetery and shall be with its amendments, the sole authority under which said cemetery shall be ruled.

 

Addendum: By action of the Trustees on December 14, 1997 and approval of the Church Council on January 18, 1998, a fee of $500.00 for burial of non-members due to extenuating circumstances was approved. This approval is at the discretion of the Trustees and may be granted for such things as a misunderstanding of membership status and the relationship of existing communing members. This fee will be billed to the funeral home making the arrangements. (This action was taken under authority of Article IX above.)

 

COUNTY OF SHENANDOAH
STATE OF VIRGINIA                                      DATE

 

The foregoing by-laws with additions, corrections and amendments governing the conduct, operation, and regulation of the Mt. Zion Lutheran Church Cemetery at New Market, Virginia, were duly read, discussed and adopted by the Congregation of Mt. Zion Lutheran Church at a meeting held on the sixteenth ­               day of                     , 1986 2008, duly attended by sufficient members as required by the laws of the Church for the conduct of its business and the signatures of the officers of the Church hereinafter appearing signed hereto were fixed at the direction of the said Congregation.

 

Secretary                                  Vice Chairman of Church Council President of the Congregation

 

Revised January 18, 1998                              , 2008