Kyle Cemetery

Interment Rights

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1. Interment Rights shall be used for no purpose other than for the interment and/or memorializing of human remains.

  A Certificate of Interment Rights shall be issued to each owner upon full payment of the purchase price of an Interment Right.  The Certificate of Interment Rights and Rules and Regulations, and any amendments hereto, shall constitute the sole agreement between Kyle Cemetery and the owner and no statement of any board member to the contrary shall bind Kyle Cemetery. The person named in the Certificate of Interment Rights issued and of record will be presumed to be the owner of the Interment Rights unless Kyle Cemetery approves in writing the transfer or assignment of ownership in accordance with these Rules and Regulations as they now exist or may hereafter be amended.

 

 If an owner dies without having transferred unused Interment Rights either by a specific devise in the owners will or by a written direction furnished to Kyle Cemetery any such unused Interment Rights descend to the heirs at law of the owner in accordance with the laws of descent and distribution of the State of Texas, subject to the Interment Rights of the deceased and his or her surviving spouse. Where such a transfer of ownership results in multiple owners of any Interment Rights, each co-owner shall have the right to be interred in any Interment Space of the co-owners which has not been used at the time of co-owners death, and the consent of the other co-owners shall not be required for any such interment; however, no co-owner may convey any Interment Right, or authorize the interment of anyone other than a co-owner, without the consent of all other co-owners of that Interment Right.

 

2. No person shall be permitted to enter the cemetery grounds except by the public gate between the times of 7am to 8pm throughout the year. Any person found on the grounds after the designated cemetery hours shall be deemed a trespasser subject to prosecution for trespass.

 

3. Kyle Cemetery shall take reasonable precautions to protect against loss or damage to property or rights within the cemetery; but it expressly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and specifically, but not by way of limitation, from loss or damage caused by the elements, an act of God, common enemy, thieves, assailants, vandals, malicious mischief makers, explosion, unavoidable accident, invasion, insurrection, riot, government act or regulation, or order of any military or civil authority, whether the loss or damage be direct or indirect.

4. All persons are reminded that the grounds are sacredly devoted to the burial of the dead and that provisions and penalties of the law, as provided by statute, will be strictly enforced in all cases of wanton injury, criminal mischief, disturbance, and disregard of the rules. No alcohol, unauthorized discharge of firearms, bar-b-que pits or open  flames, fireworks, personal canopy or personal tents are allowed on the cemetery property.

 

5. At the direction of the cemetery Board of Directors, any board member or the groundskeeper shall have the authority to remove any items that violate the Kyle Cemetery rules and regulations or interfere with maintenance and grounds keeping.

6. Minors must be accompanied by an adult who will accept the responsibility for their behavior.

 

7. Personal vehicles must stay on or within five feet the road and parking on gravesite/burial spaces is strictly prohibited.

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8. All monuments, headstones, footstones or markers placed in the cemetery must be approved by the Board of Directors and be of traditional style, made of granite, marble, or bronze and must have a reinforced concrete base. Homemade headstone, markers or memorials are not allowed. The Board of Directors reserves the right to require the purchase of markers from the cemetery or approved vendors. The maximum monument size for a single burial space is 2 ft wide. x 1 ft high. For a double space maximum size is 14 inches high x 48 inches wide. Footstone maximum size is 2 ft wide x 1 ft high.  Before purchase the cemetery Board of Directors must approve headstone choice and must be notified to mark and approve the placement for the vendor.

9. Monuments, headstones, or markers for burial spaces purchased after January 1, 2011 must be flat, i.e., no more than 4 inches above the ground for care-taking purposes. 

10. The maintenance of all monuments in the cemetery is the responsibility of the burial space owner or the owner’s surviving family members or descendants. This maintenance will include, but not be limited to, the following:

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a. The cleaning of the monument
b. Ensuring that the monument is seated properly
c. Repairing any damage to the monument or the structure

d. Should any monument become unsightly, dilapidated or a nuisance, Kyle Cemetery shall have the right to repair the monument or, at its option, to remove and replace same. The cost of any repair, removal or replacement shall be paid by the owner of the Interment Rights.

 

11. The mortuary or any person performing interment services on behalf of the mortuary must secure the gravesite, must provide for the immediate cleaning of the gravesite, must remove all debris, fill, or equipment resulting from or used by the mortuary, and are responsible for any damages done by them to any property in the cemetery including damage to the grass and trees. All work is subject to the control and discretion of the Board of Directors.

12. The maximum number of burials allowed per burial space is one casketed burial and one cremation; or two cremations.

13. No plants, shrubs, or trees may be planted unless approved by the Board of Directors and then will become property of the cemetery organization. Kyle Cemetery reserves the right to remove and dispose of these articles without notice to the owner.

14. No curbing of any type is allowed around the gravesite/burial space including rocks, pavers, bricks, stones, or gravel. Kyle Cemetery reserves the right to remove and dispose of these articles without notice to the owner.

 

15. Floral and Landscape Regulations

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1. Floral stands, wreath, baskets and other floral tributes which are part of the floral offering at the time of interment will be left for several days. All flowers will be removed when wilted.  

2. In order to make the cemetery maintenance possible, two decorative items with a height restriction of 15 inches are allowed per gravesite.  Artificial flowers will only be allowed in permanent vases. These flowers will be removed when their appearance, in the opinion of the cemetery board, becomes unsightly.

3. Temporary decorations for Holidays and special occasions listed below are allowed 7 days before holiday until 7 days after holiday. Any special floral tributes or decorations not removed by the family by end of holiday period will be removed and disposed of by Kyle Cemetery Board of Directors. (New Years Day, Valentine’s Day, Easter, Mother’s Day, Memorial Day, Father’s Day, Independence Day (4th of July), Thanksgiving Day, Christmas Day, Birthday of Deceased and Anniversary of death)

4. Trees are considered property of the cemetery and are not to be used for any decorative purpose. Wind chimes and decorations are not allowed in trees. Kyle Cemetery reserves the right to remove and dispose of these articles without notice to the owner.

5. The placing of vigil lights or candles, solar lights, boxes, shells, toys, metal designs, ornaments, signs, cards, pinwheels, ads, chairs, glass vases, glass decorations, wood, iron cases, gravel, rocks, bricks or pavers, glass or concrete statues, decorative stones, concrete urns, concrete planter boxes, benches, pictures, or any article other than the approved family memorial upon the gravesite will not be permitted. Kyle Cemetery reserves the right to remove and dispose of these articles without notice to the owner.

6.  The gravesite may have one flat headstone, one footstone, two decorations, dirt or grass.  A double cremation gravesite may have two flat headstones, two decorations, dirt or grass. 

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16. The construction, installation or placing of any wooden, concrete or cast iron bench, chair, table, or any wooden or wire trellis, shall not be permitted on the cemetery grounds:

 

a. Pre-existing curbed family plots of four or more burial spaces are allowed one bench. 

b. Before placement of a bench the cemetery the board of directors must be notified and approve the placement.

c. The maintenance of all benches in the cemetery is the responsibility of the plot owner, or the owner’s surviving family members or descendants. This maintenance will include, repairing any damage to the bench due to use, weather, or age.

The rules and regulations set forth herein may be amended, altered, and/or repealed and new rules adopted at any time by the Board of Directors of the cemetery organization. The Board of Directors shall have the right without notice to make exceptions or modifications in any of the rules and regulations. Any temporary exception or modification shall in no way be construed as affecting the general application of the rules, and shall be permitted only as specifically allowed by the Board of Directors.