RULES AND REGULATIONS
PINECREST, Inc., a Texas Corporation, hereinafter referred to as Pinecrest, having heretofore platted and laid out a cemetery to be known as PINECREST, as shown in the Plat Records of Smith County, Texas, and having laid out and to be laid out walkways, driveways, sections, lots and spaces, etc., as indicated in said plat, for the use of the present and future owners of lots in said Pinecrest, but not for public use, and contemplating the filing of additional plats showing any changes, extensions and other subdivisions of land, etc., and having in mind making other improvements which may be necessary or beneficial in the operation of the cemetery, and providing for its perpetual care, does hereby declare the following Rules and Regulations to be now and hereafter in effect, subject to which all lots and spaces in Pinecrest and sold and to be sold and conveyed.
PURPOSE
These Rules and Regulations are designed for the protection of owners of interment rights as a group. They are intended, not as restraining, but rather as preventing the inconsiderate from taking unfair advantage of others. Their enforcement will help protect the grounds and create and preserve the beauty. These Rules and Regulations are hereby adapted as the Rules and Regulations of Pinecrest, and all owners of interment rights, visitors, and contractors performing work within the grounds, shall be subject to said Rules and Regulations, amendments or alterations as shall be adopted by Pinecrest from time to time.
DEFINITIONS
- The Term “owner” shall mean the owner of rights of interment.
- The term “interment” shall mean burial of the remains of a deceased person.
- The term “memorial” shall mean any marker or structure upon or in any lot, placed thereupon or therein or partially therein for the purpose of identification or in memory of the interred.
- The term “contractor” as used in these rules and regulations shall mean any person, form or corporation or anyone engaged in placing, erecting or repairing any memorial, or performing any work in the cemetery grounds, other than an employee of Pinecrest.
PERPETUAL CARE FUND
A perpetual care fund has been established in conformity with the laws of the State of Texas. Perpetual care means to keep the grounds and all places where interments have been made in repair and to care for plantings placed by the Cemetery. It does not include the cleaning, polishing or repairing of markers.
SUPERVISION OF GROUND
1. Pinecrest reserves the right to compel all persons coming in the grounds to obey all rules and regulations adopted by Pinecrest. The rules and regulations may be changed without notice to any Owner by the Officers of Pinecrest.
2. Pinecrest shall take reasonable precaution to protect Owners, and the property rights of Owners, within the grounds, from loss or damage; but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and, especially from damage caused by the elements, an act of God, common enemies, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasion, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
3. Pinecrest 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 inscriptions, transfer, or conveyance, and substituting and conveying in lieu thereof other interment rights of equal value and similar location as far as possible, or as may be selected by the Officers or, in the sole discretion of Pinecrest, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person in such property, Pinecrest reserves and shall have the right to remove and transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. Pinecrest shall also have the right to correct any error made by placing an improper description, including an incorrect name or date on the memorial.
4. Persons within the grounds shall use only the avenues, walkways and roads.
5. Vehicles shall not be driven through the grounds at a greater speed than fifteen miles per hour, and must always be kept on the right side of the roadways. Vehicles are not allowed to turn around on the driveways or roadways, and are not allowed to park or to come to a full stop in front of an open grave unless such vehicles are in attendance at the funeral.
6. The right to enlarge, reduce, replat or change to boundaries or grading of the grounds or of a section or sections, from time to time, including the right to modify or change the locations of/or any part thereof or remove or regrade, roads, drives and walks, is hereby expressly reserved. The right to lay, maintain and operate, of alter or change pipe lines or gutters for sprinkling systems, drainage, lakes, etc., is also expressly reserved. Pinecrest reserves to itself, and, those lawfully entitled thereto, a perpetual right of ingress and egress over lots for the purpose of passage to and from other lots.
SALE AND PURCHASE OF INTERMENT RIGHTS
7. The sale or transfer of any interment right by the Owner or purchaser shall not be binding upon Pinecrest unless same shall first be duly approved in writing by the properly authorized officer of Pinecrest and then such interment right must be re-conveyed to Pinecrest; and Pinecrest shall issue a Warranty Conveyance to the new Owner. The same rule shall apply in all cases of assignment of Purchase Contract for interment right. This procedure is required in order that Pinecrest may at all times have a complete and accurate record of all owners and purchasers.
8. No one shall be prohibited from owning a lot due to race, creed, color, religion, or national origin.
9. Any and all transfers of any interment rights, whether same be by Conveyance or assignment of Purchase
Contract, are subject to all Rules and Regulations of Pinecrest, which are now in full force and effect or which may be hereafter enacted. Pinecrest may refuse to consent to a transfer or assignment as long as there is any indebtedness due Pinecrest from the Owner so recorded in the records of Pinecrest at its office. All transfers of ownership shall be Subject to a transfer charge, which charge must be paid to Pinecrest when the transfer is recorded. In addition to the ordinary and regular transfer fees, Pinecrest reserves the right to assess the minimum amount as a contribution to the Perpetual Care Fund.
10. The subdivision of interment rights is not allowed without the consent of Pinecrest and no one shall be buried in any lot not having an interest therein, except by written consent of all parties interested in such lot and of Pinecrest.
11. All interment rights in lots hereafter are sold subject to payment of perpetual care fees and all work on lots will be done by employees of Pinecrest under the direction of Pinecrest except when permission is otherwise granted in writing. All grading, landscape work, and improvements of any kind, and all care of lots, shall be done, and all trees, shrubs, and herbage of any kind shall be planted, trimmed, or removed, and all openings and closings of graves, and all interments, disinterments and removals shall be made by Pinecrest or the funeral director.
12. No enclosure of any kind, such as a fence, coping, hedge, or ditch shall be permitted around any grave of lot, and grave mounds will not be allowed and no lot shall be raised above the established grade.
13. Interment rights can be purchased in Pinecrest only with the written approval of the officers or manager, and subject to the Rules and Regulations of Pinecrest now or hereafter adopted for the government of Pinecrest and for the purpose of interment only. This provision applies to all sales, whether made directly by Pinecrest or sales made by Owners.
14. No interment rights or contract for the purchase of interment rights can be sold, assigned, transferred, pledged or hypothecated without the written approval of the officers of Pinecrest.
15. All agreements for the purchase of Pinecrest interment rights must be on the form approved by the officers and signed by an agent of Pinecrest. All terms and conditions to the purchase of interment rights must be recited in the Purchase Contract; verbal agreements or representations will not be recognized. All said agreements must provide for payment as posted in Pinecrest office, for the area of the lot, which amount is to be paid in the Care Fund Trust of Continual Care of the lot and Pinecrest generally.
16. Pinecrest may exchange interment rights when desired by Owners but not for interment rights of lesser value. When such an exchange is made, the original conveyance must be surrendered by proper assignment, or by reconveyance, if considered necessary, before any change is affected.
17. Each Owner is vested with the ownership of his or her interment right for the sole purpose of interment of human dead bodies in Pinecrest. Under the regulations of Pinecrest the interment rights cannot be conveyed without the assent of the Officers, nor any use, division or improvements of them be made which Pinecrest prohibits or may deem improper. The Owner of interment rights may dispose of same by will, subject to the foregoing conditions. If the Owner dies intestate, the interment rights will descend to his or her heirs according to the laws of descent.
18. The general care of the entire grounds and lots is assumed by Pinecrest under the provision of a Care Fund Trust Agreement. This, however, does not provide for any special care. Estimates for any special work will be made by Pinecrest upon application, and charges for the work must be paid in advance.
19. Pinecrest shall direct generally all improvements within the grounds and upon all lots and graves, before as well as after interments have been made therein. They shall have charge of the planting, sodding, surveying and improvements generally.
20. No person other than the proper officers of Pinecrest shall be allowed to perform any kind of work on any graves or lot within the grounds without a permit from the Officers or Manager.
21. If any memorial, or any structure whatsoever, or any inscription to be places on same, shall be determined by the Officers, or Manager, to be offensive, they shall have the rights and it shall be their duty, to enter upon such lot and remove, change or correct the offensive or improper object or objects.
22. If any tree, shrub, or plant standing upon any lot, by means of its roots, branches, of otherwise be or become detrimental to adjacent lots or avenues, or if for any other reason its removal is deemed necessary, Pinecrest shall have the right and it shall be their duty, to remove such tree, shrub or plant, or any part thereof, or otherwise correct the condition existing as in their judgment seems best.
23. No person shall pluck of remove any plant or flower, either wild of cultivated, from any part of Pinecrest.
FUNERAL REGULATIONS
24. Funerals after entering the gates shall be subject to the direction of Pinecrest.
25. Pinecrest requires a minimum of 24 hours notice with specific burial information and location in order to prepare the site of the funeral. If the selection and purchase of a burial space is required, the minimum notice is 24 hours from the selection of the space.
26. The Owner of the interment space shall pay Pinecrest for the opening and closing of each grave. Burial in any lot is not permitted until the cost of the lot and the opening and closing fees are paid in full. An exception is made if payment is guaranteed by an approved funeral home.
27. Graves must be located by the family or its representative.
28. The burial of two bodies on one grave shall not be permitted except where one occupies a space less than three feet in length.
INTERMENT, DISINTERMENT, AND RE-INTERMENT
29. Proper authorization as required by local government or public authority having jurisdiction in the matter must be presented to the Cemetery office at the time disinterment is effected. The Manager shall not be liable for the accuracy of the data contained in said authorization or for the identity of the person to be interred or disinterred.
30. All interments, disinterment and re-interments shall be performed by a funeral director or other person as provided for by the State and local laws. The Cemetery personnel will be responsible only for the opening and closing of the grave.
31. When removal is to be made from a single grave, the formerly occupied single grave space and all rights therein revert to Pinecrest. If no steel of concrete vault has been used for this interment, one must be furnished for re-interment; if there is a steel or concrete vault and same is in a removable condition, a charge for the removal of vault must be paid in advance. Arrangements for the vault removal must be made by someone other than Pinecrest. Pinecrest removal service charge for the body must be paid in advance. Application for removal permit must be signed by next of kin properly notarized prior to time of removal.
GENERAL REGULATION
32. No dogs shall be permitted in Pinecrest
33. No person shall be permitted within Pinecrest on a bicycle.
34. Bringing lunches, beer, or intoxicating liquors within Pinecrest is strictly forbidden.
35. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles, or other articles will be permitted on any grave, lot, or tree.
36. Pinecrest is not responsible for theft or damage to anything placed on graves or lots.
37. All vaults to be used must be approved by Pinecrest.
38. Any person desiring to remove a body from the grave space of another must present a written permit signed by Owner for such removal, and also himself sign a request to have such removal made. These shall remain on file in the office of Pinecrest. Pinecrest removal service charge for the body must be paid in advance.
39. No wooden or cast-iron bench or chair, or any wooden or wire trellis, shall be permitted to be or be brought upon the grounds. Concrete or stone benches and their locations must have written approval of the officers or manager.
40. Pinecrest and their agents have authority to enter any lot and to remove any objectionable thing or any erection that may have been placed there contrary to the regulations of said Board, and they may remove any dead or damaged tree, shrub or vine.
41. Any person found on the grounds after dark will be considered a trespasser.
42. Speed of over fifteen (15) miles per hour will not be permitted, and no person shall either ride of drive upon the lawn.
43. No person will be permitted to use profane or boisterous language or in any way disturb the quiet and good order of Pinecrest.
44. All persons are forbidden to hunt, or to feed or disturb the fowls or other animals about Pinecrest.
45. All persons are strictly forbidden to break or injure any tree or shrub, or mar any landmark, marker or memorial or in any way deface the grounds of Pinecrest.
46. No money shall be paid the attendants at the entrance or on the grounds. The entire time of persons regularly employed on the grounds belong to Pinecrest. Visitors and Owners must not otherwise engage them. All orders, inquires and complaints must be left at the office.
47. All persons are reminded that the grounds are sacredly devoted to the burial of the dead and that the provisions and penalties of the law, as provided by statute, will be strictly enforced in all cases of wanton injury, disturbance, and disregard of the rules.
48. It is of utmost importance that there should be a strict observance of all the proprieties due the place, whether embraced in the foregoing regulations or not, as no impropriety will be tolerated.
49. All well-disposed persons will confer a favor by informing the Manager of any breach of proper decorum that may come under their notice.
50. Touch nothing in Pinecrest that does not belong to you. This is the only safe rule to adopt in visiting Pinecrest.
51. A license holder may carry a concealed handgun on the premises of Pinecrest unless prohibited by state or federal law. No other person or persons, other than law enforcement or an employee of Pinecrest, shall be permitted to bring or carry fire-arms within Pinecrest, except a Military guard of honor and then only when in charge of an Officer and during a Military Service.
52. All work and all planting of any kind on all lots and graves is strictly prohibited. Cut flowers may be used at any time.
53. Pinecrest will permit only the use of Bronze Vases to be selected through Pinecrest, or vases approved by Pinecrest; and, they shall be contained in their own receptacle when not in use, the base of any vase shall be a concrete or granite foundation approved and installed by Pinecrest.
54. Placing fresh or artificial (silk, plastic, or synthetic material) decorative flowers, plants, wreaths or baskets on lots and graves is permitted. The digging of holes for any purpose whatsoever is strictly prohibited.
55. Construction or installation of slabs, curbing, steps, fencing, hedging, or enclosures of any kind will not be permitted on or around any space or lot. Cement, iron, wooden, glass, plastic, paper, or other miscellaneous statues or objects as well as objects of a temporary nature will not be permitted. Hanging any object(s) from any tree, shrub, pole or plant is prohibited. Pinecrest reserves the right to remove any objects which are erected, planted, or placed in violation of this rule.
56. Items which are a distraction to visitors and contrary to the natural setting of the Cemetery are prohibited including but not limited to artificial turf or ground cover of any kind. Also included are all noise, light, motion-producing items such as wind chimes, candles, devotional candles, solar lights , banners, steamers, pinwheels, balloons, ribbons, ornamental balls, and any of the above stated items staked or hung including animal feeders. Chairs are not allowed to be left in the Cemetery. No items of any type may be hung from any tree, shrub or plant. All items of this nature will be removed from the Cemetery without notification by the Cemetery staff.
57. Pinecrest reserves the right to remove all flowers or other decorations and their holders as soon as the flowers fade and wither or for any other reason. Seasonal decorations must be removed within 14 days after the holiday; thereafter, the decorations may be removed by Pinecrest and disposed of immediately.
MODIFICATIONS AND AMENDMENTS
58. Pinecrest may, and it hereby expressly reserves the right at any time or times, with or without notice to Owners, to adopt new rules and regulations, or to amend, alter and/or repeal any rule, regulation and/or article, section, paragraph and/or sentence in the Rules and Regulations.
59. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. Pinecrest, therefore, reserves the right, without notice, to make exception, suspensions or modifications in any of the Rules and Regulations when, in its judgment, the same appear advisable; and such temporary exceptions, suspension or modification shall in no way be construed as affecting the general application of such.
MEMORIALS
60. Only one grave memorial will be permitted on one grave space. No memorial may be set to embrace two or more grave spaces except a companion or a family memorial; nor shall more than one family name be permitted on any memorial, unless approved in writing by Pinecrest at the time of the sale of the interment rights. All memorials shall be set on uniform lines as prescribed by Pinecrest to conform to the general plan of Pinecrest.
61. The marking of each lot, grave, except as hereinafter provided, is restricted and limited to flat tablets, set flush with the turf, and of such dimension, materials, design, finish and construction as designated by Pinecrest and permission must be secured in writing before any marker or memorial may be delivered to Pinecrest for installation.
62. All markers or memorials shall be installed by Pinecrest, on foundations built by Pinecrest, at a cost to the Owner, and Pinecrest shall assume responsibility for the proper construction of the foundation and the proper installation of such marker or memorial; but Pinecrest shall not be liable for any defective materials or defective workmanship beyond replacement or repair of such defective material as have been supplied by Pinecrest. All foundations shall be the size and material specified by Pinecrest.
63. The charge for building foundations, installation, maintenance, and continual care of all markers and memorial shall be reasonable and uniform. No memorial may be installed until the charges due for installation have been paid in full.
CONTINUAL CARE
64. The purchase price of all interment spaces sold and to be sold in Pinecrest includes a deposit for continual care, which amounts are delivered to local trust companies for administration.
65. This continual care includes landscaping with trees and shrubs, their maintenance and replacement, cutting of grass, watering, edging, repair and maintenance of roads, walls, fences, buildings, watering system, equipment, and replacement of equipment.
66. This shall not include maintenance, repair or replacement of any memorial under any circumstance; nor the repair or replacement of buildings, structures or other property when damage is caused by vandals, thieves, acts of God, common enemy, riots or civil authority, or acts beyond the control of Pinecrest.
Revised July 6, 2021.
PINECREST, INC.
KAREN ST. JOHN, President