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BY-LAWS OF THE LOVETTSVILLE UNION CEMETERY COMPANY
Revised and approved by the LUCC Board of Trustees January 5, 2009
ARTICLE I NAME, PURPOSE AND LOCATION
Sec. 1. NAME — This Association shall be known as The Lovettsville Union Cemetery Company (LUCC) as given in the Act of Incorporation by the State of Virginia. Sec. 2. PURPOSE — The purpose of the Lovettsville Union Cemetery Company is to provide land and necessary services for a cemetery at Lovettsville, Virginia in accordance with An Act of Incorporation by the Virginia General Assembly passed December 19, 1879 and revised March 24, 2004. Sec. 3. LOCATION — The Lovettsville Union Cemetery is located in Loudoun County, Virginia. The LUCC Board of Trustees will determine the location for the Lovettsville Union Cemetery Company office and its meetings.
ARTICLE II MEMBERSHIP AND MEETINGS
Sec. 1. MEMBERSHIP — All owners of Cemetery property (lots or sites), as recorded by “Lot Holder Certificate” registration, shall be Members in the Lovettsville Union Cemetery Company. Lot Holder Certificates may be registered in single or multiple names. Sec. 2. ANNUAL MEETING — There shall be an annual meeting of the Members of the Company every year at a place specified by the Board of Trustees, for the election of nine trustees, and the consideration of other matters affecting their interests in the Cemetery. A prior notice of ten days is required for the Annual Meeting through the medium of at least one local newspaper, at a time and place established by the Board of Trustees. Sec. 3. SPECIAL OR GENERAL MEETINGS — Special or General meetings may be called by the President at his own option, or at the request of a majority of the Trustees, or any ten members. Notice shall be given to said parties affected ten days before the meeting. A schedule of other regular meetings shall be published in the annual LUCC Business Statement (as described in Article X). Sec. 4. QUORUM — At all annual meetings nine members shall constitute a quorum, and at Trustees’ meetings, five, without which, all proceedings, shall be irregular and invalid. Sec. 5. PROXY — Any member unable to attend annual or special meetings may be represented by Proxy, but he/she or heirs shall name the proxy in writing addressed to the Secretary prior to the scheduled meeting. Sec. 6. VOTING — Each member or proxy is entitled to one vote at annual or special meetings regardless of the size of lot owned.
ARTICLE III TRUSTEES
Sec. 1. TRUSTEES — The nine Trustees, as soon as possible after their election, shall elect a President, Vice-President, Secretary, Treasurer and Superintendent, who shall serve a one year term; (unless removed) or until their successors shall have been duly elected. The trustees shall have full charge of all the affairs of the Company. Sec. 2. COMMITTEES — The Trustees may create or abolish committees to which it may delegate various governance functions, provided the Trustees issue to the committee a specific mission statement with a definition of the committee’s authority. Sec. 3. FINANCIAL AUDIT — The Trustees shall designate an independent auditor to review the financial records and report the findings to the Trustees in writing within 90 days after the close of the fiscal year. Sec. 4. VACANCY — The Trustees, by a two-thirds majority of their entire number, for any cause which shall seem to them adequate, shall have power to vacate, and fill any office during their term of service. Sec. 5. FEE SCHEDULES AND RULES — The Trustees shall perform an annual review of the fee schedules and general rules for the Cemetery and revise as necessary. Sec. 6. MEMORIAL DAY — They shall observe a Memorial Day service annually, as deemed appropriate by the Board of Trustees.
ARTICLE IV PRESIDENT AND VICE PRESIDENT
Sec. 1. PRESIDENT — The President shall preside at all meetings of the Company and of the Trustees, and not having voted before, in case of a tie shall give the decisive vote. The President may, of his own volition, or at the request of three Trustees, call special meetings at any time named therein. Sec. 2. VICE PRESIDENT — In the absence of the President, the Vice-President shall preside, and if both be absent, any member whom the majority may select. The Vice President, in the absence of the President, or of a vacancy in his office, shall, during the interim, discharge all the duties thereof. Sec. 3. COMPENSATION — The President and Vice-President shall receive for their services such compensation as the Board of Trustees may award at the close of their terms.
ARTICLE V SECRETARY
Sec. 1. MEETING RECORDS — It shall be the duty of the Secretary to record and preserve a true and full statement of the transactions of the Board of Trustees and of any other meetings of the Company. The Secretary shall also perform such other duties as may be incidentally required by the Trustees. Sec. 2. MEMBERSHIP RECORDS — The Secretary shall prepare and keep in a permanent record file, provided for that purpose, an accurate list of Members (owners of record), specifying the number of each Member’s lot, the date of its purchase and any other pertinent information provided by the Superintendent and the Treasurer. Sec. 3. DEATH RECORDS — The Secretary shall prepare and keep in a permanent record file, provided for that purpose, an accurate list of interments specifying the lot number, site, names, ages and any other pertinent information about burials provided by the Superintendent. Sec. 4. NOTICES — The Secretary shall notify the members of the annual meeting time and place as specified by the Trustees through the medium of at least one local newspaper. Sec. 5. ANNUAL LUCC BUSINESS STATEMENT — The Secretary shall prepare the annual LUCC Business Statement within thirty days after the annual Members meeting. Sec. 6. REGULATIONS — The Secretary shall maintain a listing of approved Cemetery regulations (indicating when adopted). Sec. 7. COMPENSATION — The Secretary shall receive for his services such compensation as the Board of Trustees may award at the close of his term.
ARTICLE VI TREASURER
Sec. 1. DUTIES — It shall be the duty of the Treasurer to pay all bills for services and material authorized by the Trustees and report in writing the financial condition of the Company, to the Trustees, whenever called for by them, and to the Company at its annual meeting. The Treasurer shall also receive and safely keep all money paid from time to time, as fees, perpetual care, the sale of lots, etc. and shall invest such funds as appropriate. The Treasurer may draw up in proper form whatever claims may be due the Company from delinquent members, and put them in the hands of an officer for collection. The Treasurer shall deliver up to his successor in office, or upon demand of the Trustees to them, all moneys, books, papers, records or other property of the Company he/she may have in his/her possession, or for which he/she is accountable. Sec. 2. BOND — The Treasurer shall be covered by a Commercial Bond Policy purchased by the Company for the purpose in the amount to be determined by the Trustees. Sec. 3. COMPENSATION — The Treasurer shall receive such compensation as the Trustees may award at the close of his term of office.
ARTICLE VII SUPERINTENDENT
Sec. 1. DUTIES — The Superintendent, subject to the Board of Trustees, shall have entire direction and control of the Cemetery. He shall enforce the Regulations and General Rules adopted for the improvement, decoration and preservation of the Cemetery. Specifically the Superintendent shall: 1. Maintain in conspicuous places about the Cemetery a list of pertinent Regulations and General Rules. 2. Have the authority to sell lots and must report the same promptly to the Secretary. 3. List and have charge of all loose property belonging to the Company used upon the premises. 4. Provide to the Secretary a true account of all interments which are made during his term. 5. Make reports of interments yearly to the Company, and, when appropriate, to the Trustees. 6. Inspect the work of putting up tombstones and monuments and be fully satisfied that their foundations are solid and substantial. 7. Notify any lot-owner of damage to or displacement of any stones or monuments upon his premises. If the lot-owner has not corrected the damage or displacement within 30 days of notification the superintendent may repair the same at the owner’s expense and may prosecute said owner if payment be refused Sec. 2. GRAVE OPENING/CLOSING — The Superintendent may, with Trustee approval, employ for his term an assistant to dig graves and perform such other labor as may be essential within the Cemetery or may contract out or otherwise provide referral for such services. Sec. 3. GENERAL MAINTENANCE — The Superintendent may with Trustee approval appoint one or more assistants to maintain the Cemetery, mow, collect and remove trash, fill and remove dirt, repair or restore monuments, etc., or contract out such services as appropriate. Sec. 4. SERVICE FEES — The Superintendent shall prepare a list of Cemetery fees for service to be approved annually by the Trustees during their term of office. Such fees shall include interments, lot sale prices, perpetual care, lot transfers, and any other fees approved by the Trustees. Sec. 5. COMPENSATION — The Superintendent shall at the end of his term have such compensation, as the Trustees shall determine.
ARTICLE VIII INDEMNIFICATION AND INSURANCE
Sec. 1. INDEMNIFICATION — To the fullest extent permitted by the law, the LUCC shall indemnify and hold harmless all agents against claims arising out of any alleged or actual action or inaction in the good-faith performance of their duties. “Agents” for this purpose shall include Trustees, Officers and volunteers. Sec. 2. INSURANCE — The LUCC shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its agents against any liability asserted against or incurred by the agent in such capacity arising out of the agent’s status as such.
ARTICLE IX PARLIAMENTARY AUTHORITY AND INTERPRETATION
Sec. 1. PARLIAMENTARY AUTHORITY — The parliamentary authority of the LUCC shall be Sturgis, The Standard Code of Parliamentary Procedure. Sec. 2. INTERPRETATION — These BY-LAWS are subject to the Virginia Nonprofit Corporation Law and must be interpreted so as to conform with that law, as it is interpreted and amended from time to time.
ARTICLE X ANNUAL LUCC BUSINESS STATEMENT
The Board of Trustees shall provide an annual Business Statement within thirty days after the annual Members meeting. The letter shall be displayed at the cemetery and copies shall be available for pick up at the cemetery entrances or electronically. It shall contain at least the following: 1. A welcoming statement 2. A list of the LUCC officers and trustees 3. A list of scheduled meetings for the current year 4. A schedule of fees for lot purchases 5. A list of other available services
ARTICLE XI ORDER OF BUSINESS FOR ANNUAL MEETING
1. Calling roll of members and proxies, if any shall have been named 2. Reading minutes of last general meeting and all subsequent meetings of Trustees 3. Report of Superintendent 4. Report of Treasurer 5. Reports of Committees 6. Election of Trustees and Officers 7. Unfinished Business 8. New Business 9. Adjournment
ARTICLE XII AMENDMENT OF BY-LAWS
Any alteration of these By-Laws must be made, or provided for, at a general meeting of the Company.
ARTICLE XIII REGULATIONS and GENERAL RULES
The Trustees are hereby empowered to adopt any Regulations and General Rules, which in their judgment, circumstances may require for the welfare of the Company and its Members, not in conflict with the foregoing, or with the Act of Incorporation. A listing of approved Regulations (indicating when adopted) shall be maintained by the Secretary and included as an appendix to the LUCC By-Laws. A list of General Rules pertaining to day-to-day operations of the Cemetery shall be established by the Trustees and maintained by the Superintendent. Those Regulations and General Rules pertinent to the public shall be prominently displayed at the Cemetery and all Regulations shall be provided to new Members upon purchase of Cemetery property. APPENDIX 1 REGULATIONS (Effective January 6, 2014) 1. Burial lots shall be laid off, numbered, and sold by the Superintendent. Each full lot shall be 20 x 20 feet, each half lot 10 x 20 feet, each quarter lot 10 x 10 feet, and each single site 5 x 10 feet. The price of each lot, or portion thereof, shall be established by the Trustees and published in the annual LUCC Business Statement. 2. Upon full payment of the purchase price the purchaser shall receive a Lot Holder Certificate for his lot, signed by three trustees. Failure to pay within one year from the time of purchase may render the sale null and void, unless there shall have been an interment upon the lot, in which event, legal process shall be instituted for collection, whereof the delinquent shall pay all costs. 3. No interment in LUC shall be permitted unless authorized by the Superintendent or other officer. 4. Members shall be privileged to fill up, sod and ornament their graves, but failing to do this in proper time, the Superintendent shall have it done, and charge at prevailing rates to lot-owners. No member shall fill his lot with dirt so as to cause harm to other lots. 5. A part of the Cemetery may be designated by the Trustees for single interments or pauper grave sites. 6. All full-body interments shall be in a concrete liner or vault. Remains for cremation burials (cremains) shall be properly prepared by a licensed facility and a cremation certificate provided to LUCC prior to burial. The cremation burial site shall be opened and closed by a gravesite preparer authorized by LUCC. Cremains shall be inurned or vaulted. The top and sides of any container must be at least 12 inches from the ground surface and the burial site boundary. Cremains containers may be added to an existing burial site as long as the above restrictions are met. 7. All tombstone and monument personnel shall notify the Superintendent of the time of their erection of any structures on the grounds of the Cemetery. They also shall remove all materials originating from their work. 8. All foundations for tombstones shall be at a depth of not less than 18 inches for small stones, and shall increase in depth according to the size of stone and condition of ground, to the depth of 3½ feet for large monuments, and shall be concreted from the bottom up. A three inch wide, four inch thick concrete border shall be required around all base stones and markers. 9. Any border enclosure, erected on lots, must be within six inches of the boundary thereof, and must be level to the ground upon which it stands. 10. The LUCC shall keep all monuments in good order, unless seriously leaning or broken. In such case, it shall be repaired at the expense of the Member. 11. Rights of ownership of lots of LUC cannot be transferred without consent of the Trustees, but shall remain inalienably in the family of the original purchaser by descent. This, however, in no way interferes with the free interment of any person not of his family whom the owner of the lot may admit. 12. Shrubbery, not exceeding five feet in height, may be planted upon lots, but no trees may be planted without permission of the Trustees. The Superintendent should always be consulted before planting. The planting of myrtle and all other vines of a spreading tendency is expressly prohibited on the grounds of the Cemetery. |