Constitution & By-Laws

By-Laws of the Wortham Bend Cemetery Association, a Texas non-profit

Revised 2020, 8/2026

Constitution

Article 1

Name. The name of this organization shall be the Wortham Bend Cemetery Association.

Article 2

The purposes for which the Association is organized are as follows:

2.1 The Association is organized and shall be operated exclusively not for profit and for the benefit of its members for purposes of disposing of bodies by burial or cremation, including, but not limited to, (i) managing, maintaining, improving, and operating Wortham Bend Cemetery as a non-perpetual care cemetery, which cemetery is located at 658 Oak Grove Loop, in the City of China Spring, County of McLennan, State of Texas, and (ii) conducting any one or more or all of the businesses of a cemetery which are not prohibited by the Internal Revenue Code or the corresponding provisions of any subsequent federal tax law or the regulations under any such federal tax law (collectively, the “IRC”) or the laws of the State of Texas, which are necessary or appropriate to carry out the foregoing purposes, as determined by the Board of Directors of the Association (the “Board of Directors” or the “Board”) pursuant to Section 501(c)(13) of the IRC.
2.2 The Association shall be operated exclusively for nonprofit purposes. The net earnings of the Association shall be dedicated to the operation, maintenance, and improvement of the cemetery, and no part of the net earnings of the Association shall be to the benefit of or be distributable to, its directors, officers, trustees, managers or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth above. No substantial part of the activities of the Association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Association shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. The Association shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(13) of the IRC, or corresponding section of any future federal tax code or (b) by a corporation, contributions to which are deductible under Section 170(c)(5) of the IRC, or corresponding section of any future federal tax code.
2.3 Dissolution: Upon the dissolution of the Association, the Board of Trustees shall, after paying or making provision for payment of all the liabilities of the Association, distribute all the remaining assets of the Association only for tax-exempt purposes to an eligible organization or organizations (as hereinafter defined) as the Board of Trustees shall determine. Any of such assets not so disposed of shall be disposed of by the District Court of the county in which the principal office of the Association is then located, exclusively for such purposes, or to such eligible organization or organizations as said court shall determine. For purposes of this article, "eligible organization or organizations" refers to any organization or organizations that are tax-exempt under Section 501(c)(3),(13) or similar subpart, Internal Revenue Code, or described by Section 170(c)(1) or (2), Internal Revenue Code, as the Board of Trustees shall determine.

Article 3

Members. A Member is an individual who joins the Wortham Bend Cemetery Association and meets at least two (2) of the following requirements:

resides in the City of China Spring or within a twelve mile radius of Oak Grove Loop.
has relatives buried in the Wortham Bend Cemetery.
is a direct descendant of a member of the Wortham Bend Cemetery Association by blood, marriage, or legal adoption.
has contributed or donated to the association

Article 4

Board of Directors. The Board of Directors will be composed of three (3) Members which serve as Officers.
The Officers serving will each serve until they choose to vacate the position or are asked to leave. A vacancy may be filled at the Annual Meeting or at a Called Meeting.

Article 5

Officers. The Officers shall be a President, a Vice-President, and a Secretary. The Officers will be discussed and appointed by the President.

Article 6

Committees. The President will appoint all committees as needed.

Article 7

Meetings. An Annual Meeting will be held in May of each year unless otherwise noted. Notices will be sent to the members as a reminder. Called Meetings may be held at the request of the President or any two (2) Members giving notice at least two (2) weeks before the meeting is to be held. Notice must contain specific information as to the time, place, and purpose of the meeting.

Article 8

Amendments. Amendments to the Constitution and Bylaws of the Wortham Bend Cemetery Association may be presented at any meeting. A majority vote of the Members present at such a meeting is required to adopt amendments. If the Board of Trustees deems mail ballots necessary, a majority vote of members responding to such a mail ballot is required to adopt amendments.

By-Laws

Article 1

Quorum. In order to conduct business at any meeting of the Board of Directors, a quorum of three (3) Board Members is required. In order to conduct business at the Annual Meeting, or a Called Meeting, a majority of those Members attending constitutes a quorum.

Article 2

Rights and Duties of Members. Members may serve on committees, vote and hold office. A Member and spouse will have one vote each, but in no circumstance can one Member have more than one vote.

Article 3

Membership Fees. Membership fees are not required for Members qualified under Article III of the Constitution.

Article 4

Operating Account. An operating account shall be established to be funded by earnings from donations and contributions by Members. Any miscellaneous receipts, donations, contributions, and disbursement from this operating account are to be used only for routine cemetery maintenance, repairs, and incurred expenses.

Article 5

Burial Plot Assignments, Burial Plot Restrictions and Burial Plot Relinquishments.

5.1 Burial Plot Assignment. Burial plot assignments shall not be limited per family, unless the Board of Directors decides otherwise. At the time of assignment the individual will be given a purchaser’s receipt listing the location of the burial plot and provided with the Associations website address where the By Laws & Rules & Regulations can be found.
5.2 Burial Plot Restrictions. All burial plot regulations & restrictions can be found in the Rules & Regulations.
5.3 Burial Plot Relinquishment. Should an individual desire not to retain their burial plot(s), they may relinquish such burial plot(s) by writing a letter to this effect to the Wortham Bend Cemetery Association, at 1841 Oak Grove Loop, China Spring, Texas 76633. If you are wishing to reassign a plot, please include the first and last name of the person you are assigning the plot to, along with their date of birth and current phone number and address. Relinquished burial plots will NOT be reimbursed.

Purchase of General Casket Burial or Alternate Burial of Cremated Remains

Cost of Endowment
- $450.00 per individual
- $50.00 Additional Monument Setting/Placement fee (will be collected by the funeral home). This fee is collected for having to mark the grave for the funeral home (for the gravedigger) and having to go out to meet the individuals who set the headstones for placement. This also covers the cemetery maintenance fee.

Article 6

Capital Improvements. The Wortham Bend Cemetery Association is responsible for the physical assets in the common areas of the cemetery. Such physical assets would include roads, road borders, fences, gates, fence retaining walls, walkways, grounds, signage, irrigation piping, and trees. From time to time the need arises to construct new physical assets or repair or replace damaged or deteriorating physical assets. The Board of Directors shall remain knowledgeable regarding the physical condition of the cemetery and recommend capital improvements to ensure a safe and well-kept cemetery. The physical assets on and in a Member’s burial plot are the responsibility of the Member and their family.

Article 7

General Maintenance and Upkeep. Periodic maintenance is necessary and required to maintain the cemetery in a safe and well-kept manner. The Wortham Bend Cemetery Association and its Members are responsible for the general maintenance and upkeep.

Members are responsible, during their lifetimes, for maintaining their own assigned burial plots.
Members are asked to volunteer for work days to be scheduled each year as needed. Notices will be printed and mailed, posted on the Wortham Bend Cemetery Association’s website and Facebook page, as well as in the cemetery.
General maintenance and upkeep means:
1. the cutting of the grass at reasonable intervals;
2. the general care and pruning of the trees and shrubs that may be placed in common areas along the walks, roadways and boundaries; and,
3. the general care and preservation of the burial plots, common areas, including roads, road borders, fences, gates, fence retaining walls, walkways, grounds, signage, irrigation piping, and trees, is intended to accomplish the purpose of maintaining safe and well-kept cemetery grounds.
General maintenance and upkeep shall not include any of the following items.
1. the maintenance, repair or replacement of any gravestones, headstones, monuments, memorials or structures of any kind situated within a burial plot or serving as a border or curb around the burial plot;
2. the planting of flowers or ornamental plants;
3. the maintenance or doing of any special or unusual work in the cemetery unless approved by a majority of the Board of Trustees; and,
4. the construction or reconstruction of any marble, granite, bronze, masonry or concrete work on any burial plot where the same is damaged from any cause whatsoever.

Article 8

Burial. The rules and procedures regarding burials are listed below:

At the time of an impending burial, the caretaker or the Vice-President of the Wortham Bend Cemetery Association shall verify and stake the burial plot;
All applicable fees must be paid in full at the time of the first burial on a given burial plot. Hardship cases, as determined by a majority vote of the Board of Directors, will be permitted to make installment payments to cover applicable fees;
Multiple or stacked coffin burials in the same grave are not permitted in traditional burial plots;
Multiple cremation burials are permitted in regular burial plots or cremation burial plots (not to exceed three), and
Burials above ground or the spreading of cremains above ground are not permitted.
Members are required to install permanent headstones or markers for any burials on their plot within 12 months of any internment.

Article 9

Duties of the Board of Directors. The duties of the Board are to ensure that the management of the business and financial affairs of the Cemetery Association conforms to the provisions of its Constitution and Bylaws. The Board of Directors shall meet bi-monthly to keep informed and conduct the business of the Wortham Bend Cemetery Association

Article 10

Duties of Officers.

The President shall preside at all regular meetings, and appoint all committees.
The Vice-President shall assume the duties of the President in absence of the President, send out notices and attend to correspondence as required, be responsible for keeping all the records of the Wortham Bend Cemetery Association, be responsible for the assignment of all cemetery burial plots, and assume the duties of the Treasurer by: keeping an accurate account of all receipts and disbursements, giving a report at each regular meeting showing the balance on hand, paying all bills as approved, and filing the required reports each year with the U. S. Internal Revenue Service.
The Secretary shall keep the minutes of all meetings, collecting and maintaining the historical records of the Association including but not limited to : Obituaries of those interred in the Cemetery, copies of the Annual Meeting packets and other accounts of historical happenings at the Cemetery.
The Officers shall have the customary powers of such offices in nonprofit associations and shall discharge their duties in full compliance with the provisions of the Constitution and Bylaws of the Wortham Bend Cemetery Association.

Article 11

Order of Business for Meetings.

Agenda

A. Introduction of Officers

B. Reading and Approval of the Minutes

C. Financial Report

D. Unfinished Business

E. Notice of interments

F. New Business

G. Adjournment

Article 12

Expenditures for Operating Expenses and Capital Improvements. The Board of Trustees can authorize expenditures of the funds of the Association subject to the following restrictions.

The President and the Treasurer can authorize and disburse routine expenditures of less than fifteen-hundred dollars ($1,500).
A majority of the Board of Trustees can authorize expenditures from fifteen-hundred dollars ($1,500) to ten-thousand dollars ($10,000).
A majority vote of the Members attending a meeting or responding to mail ballots is required to authorize any expenditure that will exceed ten-thousand dollars ($10,000).

Article 13

Membership List. The list of members of the Wortham Bend Cemetery Association shall not be released to anyone, unless the majority of the Board of Trustees believe it is in the best interests of the Members to do so.