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Constitution &  By-Laws

A Texas State Historic Cemetery
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DECKER PRAIRIE CEMETERY ASSOCIATION

 

ARTICLE ONE: NAME

The name of this association shall be the DECKER PRAIRIE CEMETERY ASSOCIATION.

 

ARTICLE TWO: PURPOSE

The purpose of this association is to maintain, regulate, and perpetually preserve for the benefit of its members on a non-profit basis, that certain cemetery known as the DECKER PRAIRIE CEMETERY, which is located on a 2.75 acre tract of land out of the Isaac Decker Survey Abs 166 in Montgomery County, Texas which said property is more particularly described in General Warranty Deed dated June 25, 1969 from, FRANK PFEIFFER, ET US TO ED COE, HOWARD BRUNER, MRS. A. R. COE, SR. AND MRS. C. C. HEUGATTER, as Trustees and Officers of the DECKER PRAIRIE CEMETERY ASSOCIATION of Montgomery County, Texas, which said Deed is recorded in volume 484, Page 605 of the Deed Records of Montgomery County, Texas.

 

ARTICLE THREE: MEMBERSHIP

SECTION ONE        Charter Members: The Charter Members of this association number 92 families and their names are indicated on the attached list of charter members, which said list is herewith incorporated by reference.

SECTION TWO       New Members New members may be admitted to membership in the association upon their:

I. Being approved by a majority vote of the Executive Committee of the association.

2. Paying the Secretary of the Association, within thirty (30) days of approval for membership by the Executive Committee, a membership fee as follows:

a. If the applicant for membership desires a regular cemetery lot, the membership fee shall be an amount equal to $100 less than the cost of an average lot at Klein Memorial Park, Decker Prairie. In the event the Klein Memorial Park, Decker Prairie reaches capacity and no longer offers lots to the public, the Executive Committee shall select another comparable cemetery upon which to base membership fees

b. If the applicant for membership desires only an urn interment space, the membership fee shall be $250.

c. If application for membership is not made until death of the applicant is imminent, the membership fee shall be:

(I) if the application is made under subparagraph (a), above, such fee shall be $200 more than the cost of an average lot at Klein Memorial Park; or

(ii) if the application is made under subparagraph (b), above, such fees shall be $100 more than the amount set out in said subparagraph.

3. Paying the secretary of the Association the annual dues for the current fiscal year (non proratable) at the time the membership fee is paid

4. Subscribing their names to this Constitution and By-Laws and agreeing to abide by the regulations thereof.

SECTION THREE:All members, both charter and new, shall be entitled to participate in the affairs of the association, and if over the age of eighteen (18) years shall be entitled to vote at all its regular and special meetings and hold office in the association.

SECTION FOUR:    A membership in the association may consist of a husband and wife and all children until 18 years of age

 

ARTICLE FOUR: DUES

SECTION ONE:       This association was originally organized on September 27, 1959, and its fiscal year shall be from January 1, each year to December 31, the same year. (Amended 6/17/89 and 10/8/2000).

SECTION TWO:      The annual dues for each member shall be at the rate of $50.00 per year payable to the Decker Prairie Cemetery Association each year in advance. Fiscal year begins on January 1 (Amended 10/15/95, 10/4/98, 10/8/2000 and 1/15/06 and 1/11/15).

SECTION THREE:To maintain membership in good standing in the Decker Prairie Cemetery Association, any member neglecting to pay the annual dues of $50.00 per member for three years will forfeit their membership and will be notified by registered mail of their suspension from the membership rolls. (Amended 10/27/68, 8/9/72, 10/15/89, 10/4/98, 10/08/2000, 01/15/06, and 01/11/15).

SECTION FOUR:    The dues shall be used solely for the preservation and maintenance of said cemetery.

 

ARTICLE FIVE: OFFICERS

SECTION ONE:       The officers of this association shall be a President, Vice-President, Secretary-Treasurer, and a Grave Record Keeper. No two offices may be held by the same person. (Amended 10/8/2000 and 1/15/06).

SECTION TWO:      The term of office of each office shall be four years from his/her election, but each officer shall serve until his/her successor shall have been fully elected.

SECTION THREE:Each officer of the association shall have all the rights, powers, duties and privileges usually incident to his/her respective office.

SECTION FOUR:    The officers elected as of September 27, 1959 are as follows, to-wit

I President                                   Ed Coe

2. Vice-President                       Howard Bruner

3. Secretary                                 Mrs. A. R. Coe, Sr.

4. Treasurer                                 Mrs. C. G. Heugatter

5. Grave Record Keeper

 

ARTICLE SIX: EXECUTIVE COMMITTEE

SECTION ONE:       The Executive. Committee of this association shall have the general management of the business and affairs of the association and shall consist of the four (4) duly elected officers set forth in Article Five above.

SECTION TWO:      A majority of the Executive Committee qualified and acting shall constitute a quorum.

SECTION THREE:The Executive Committee shall serve from its election for four (4) years and until their successors have been duly elected and qualified.

SECTION FOUR:    The Executive Committee shall meet from time to time and as often as may be necessary to conduct the affairs of the association.

SECTION FIVE:       Notice of any meeting of the Executive Committee shall be mailed to each member of the Executive Committee at least five days prior to any meeting date so set and scheduled , said notices to be mailed to the address of the individual Executive Committee Members by the Secretary. At the request of any one member of the Executive Committee, the Secretary shall mail notices and indicate the time and place of said meeting.

SECTION SIX:         It shall be the duty of the Executive Committee to formulate policies with reference to the location of the individual graves and available grave space within the cemetery, to make charts of said cemetery and to generally direct and supervise the Grave Record Keeper to the end that an orderly system may be derived for the location and spacing of graves within said cemetery.

SECTION SEVEN:  Any vacancy occurring in this Executive Committee or in any office of this association shall be filled by appointment of the Executive Committee until the next regularly scheduled meeting of said association.

SECTION EIGHT:   The President of this association shall act as Chairman of the Executive Committee and as Chairman of the General Meeting of all members.

SECTION NINE:      It shall be the duty of the Grave Record Keeper to keep a careful record of all grave spaces in said cemetery, and anyone desiring burial in said cemetery shall contact either the said Grave Record Keeper or the President who will designate the space available and to be used. Any member dissatisfied with the space so assigned may appeal to the Executive Committee at a special called meeting for that purpose and if dissatisfied with this location as assigned by the full Executive Committee may at the next regular scheduled meeting of the membership appeal to the full membership of said association, whose decision shall be final and binding upon all members.

 

ARTICLE SEVEN: MEETINGS

SECTION ONE:       The full membership of this association shall have an annual meeting during the month of January, the exact date and place to be selected by the Executive Committee, said meeting place to be either in Harris or Montgomery County, Texas

SECTION TWO:      The Secretary of the association shall, at least two weeks in advance the meeting, notify all members in good standing of the place and time of said meeting.

SECTION THREE:The members present at said meeting, after due notice as above set forth, shall constitute a quorum to conduct business.

SECTION FOUR:    A special meeting may be called at any time by three (3) members of the Executive Committee, and notice of the time and place of said meeting shall be given to all members by the Secretary at least five (5) days prior to said meeting time.

 

ARTICLE EIGHT: ADOPTION AND AMENDMENT

SECTION ONE:       This constitution and by-laws shall become binding upon all members of this association when it is adopted at a regular or special called meeting of this association, said adoption shall be by a majority vote of those present after due notice, as above set forth, of said meeting.

SECTION TWO:      This constitution and by-laws may be amended by a majority vote of those members present at a regular or special called meeting, after due notice. Any member proposing a change or amendment to this constitution and by-laws shall in writing notify every member at least ten (10) days prior to said regular or special called meeting of the proposed change, which said change or amendment may then be adopted or rejected at the regular or special meeting so called and shall become binding as of the date of its adoption.

 

ARTICLE NINE: DISSOLUTION

In the event of the dissolution of the Decker Prairie Cemetery Association of Decker Prairie, Texas, the assets of said cemetery shall be conveyed to a tax exempt organization with similar purpose with the meeting of Internal Revenue Code Section 501 c-13. (Article added 6/17/1989).

 

ARTICLE TEN: MARKING OF GRAVES

A permanent grave marker must be placed on the gravesite or an urn interment space within six (6) months after burial. Prior to interment, a $800 deposit made payable to the Decker Prairie Cemetery Association is required. If a permanent marker is installed on the grave within six (6) months after burial, the deposit will be returned. If no permanent marker is installed, the association will place a small flat marker of its choice with the name and dates of birth and death on the grave site, and the deposit will be forfeited. (Article added 10/14/1995 and Amended 10/4/1998, 01/13/2008 and 10/04/18).      

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