Forbis Cemetery

City of Emory Cemetery Bylaws

Article I. Purpose and Authority

1. The City of Emory Cemetery is owned and operated under the authority of the City of Emory, Texas.
2. These bylaws establish the rules, responsibilities, and procedures necessary for the respectful care, management, and preservation of the Cemetery grounds.

Article II. Governance

1. Cemetery Board / Committee
• The City Council may appoint a Cemetery Board or Committee to oversee operations, maintenance, and policy recommendations.
• The Board shall meet as needed and maintain written records of meetings.
• The Board will consist of five members.  Two members shall be City employees, and the remaining three shall be long-term residents of Rains County or individuals who have relatives buried in the cemetery.
2. City Oversight
• Final authority for budgets, fees, and policy approvals rests with the City Council.

Article III. Ownership and Interment Rights

1. Plot Purchase
• Purchase of a burial plot grants interment rights only and does not transfer ownership of land.
• A deed or certificate of interment rights shall be issued by the City.  
• The City of Emory will not repurchase cemetery plots under any circumstance.  Plots may be voluntarily donated to the City, subject to the submission of proper documentation, including a certified copy of the deed as recorded with Rains County.
2. Transfer of Rights
• Interment rights may be transferred solely with the City’s approval, and the transfer must be accompanied by a certified copy of the deed after it has been officially filed with Rains County. 
3. Use of Plots
• Each plot may be used for burials as designated by City policy.
• Each plot is designated for one casket or may be used for up to two cremation interments.   
• The City of Emory shall allow interments only in a casket or in a cremation urn.  No other forms of burial are permitted.

Article IV. Interments

1. Burial Procedures
• All burials, including cremated remains, must be scheduled with the City at least 24 hours in advance.
2. Restrictions
• No interment shall occur without proper authorization from next of kin or legal representative.
• No disinterment or relocation shall occur without a court order or written consent of the legal authority.
• The possession or consumption of alcoholic beverages is strictly prohibited within the City of Emory Cemetery.

Article V. Monuments, Markers, and Decorations

1. Monuments & Markers
• All monuments, headstones, and markers must be permanent. Wooden markers and bushes are prohibited.
• Installation must be performed by a professional monument company or approved installer.
• The placement of grave blankets, rocks, or similar items on graves is strictly prohibited.  Items will be removed by the City in placed in violation of this rule.
2. Decorations
• Decorations such as flowers, wreaths, and small personal items are permitted but may be removed when faded, damaged, or obstructing maintenance.
• Prohibited items may include glass containers, fencing, borders, rocks, or items posing safety hazards.
• Any Benches placed in the cemetery shall not encroach upon, interfere with or impede access to adjoining plots.
3. Maintenance Responsibility
• The City of Emory maintains the grounds; families are responsible for the upkeep of monuments and personal decorations.
• The City of Emory is responsible for maintaining the cemetery grounds and may remove any decorations, plantings, or shrubs that impede maintenance or create safety or access issues.
• The City of Emory shall remove all damaged, deteriorated, or weather-worn decorations twice annually, during the first week of March and the first week of October.
• Fresh floral arrangements will be removed by the city two (2) weeks after interment.

Article VI. Grounds and Maintenance

1. General Care
• The City provides routine mowing, trimming, and overall grounds upkeep.
2. Plantings
• Trees, shrubs, or permanent plantings are prohibited.
• Unauthorized plantings may be removed without notice if they interfere with maintenance.
3. Prohibited Activities
• No littering, alcohol use, vandalism, firearms (except at military funerals), or commercial activities without permission.

Article VII. Visitation

1. The Cemetery is open to the public from dawn til dusk
2. Visitors must behave in a respectful and peaceful manner.
3. Children must be accompanied by an adult.

Article VIII. Fees

1. The City Council shall establish and periodically review fees for:
• Plot purchases
• Opening and closing graves
• Monument setting inspections
• Special services such as after-hours burials
2. All fees must be paid in full prior to burial or service.

Article IX. Records

1. The City shall maintain accurate burial records, plot ownership documents, maps, and financial records.
2. Records shall be available for public inspection in accordance with state law.

Article X. Liability

1. The City is not responsible for loss or damage to monuments, decorations, or personal items caused by vandalism, weather, or natural events.
2. The City is responsible only for reasonable care of cemetery grounds.

Article XI. Amendments

1. These bylaws may be amended by majority vote of the City Council.
2. Notice of any proposed changes shall be made public prior to adoption.