Thank you for choosing our cemetery. It is our honor and privilege to serve you. As the Board of Directors for Wortham Bend Cemetery (herein entitled “The Cemetery”), we are responsible for the general care of the cemetery grounds and interment spaces. Those who wish to be interred or entombed in the cemetery must purchase the use of such space, otherwise known as interment rights, and abide by our rules and regulations.

 

The Board of Directors and the Officers of the Cemetery can face many challenges.  In order to rectify these challenges as much as possible, some rules and regulations have been set forth for the operation of The Cemetery as necessary.

 

The Board of Directors have therefore adopted the following Rules and Regulations.  Their purpose has been to provide for the preference of the lot and space owners as well as to secure the future care of The Cemetery.  Some of the rules may seem arbitrary, but they have been found to be necessary.  Our rules and regulations were developed to preserve the beauty and dignity of the cemetery. 

 

History

Located in China Spring, Texas, the Wortham Bend Cemetery (also known as Oak Grove Cemetery) is a historic Civil War-era burial ground.  The site is linked to Tennessee settler William Green Duke Wortham, who arrived in 1854, with burials dating back to at least 1864, including that of Sarah Bird. An early notable grave is J.B.M. Howard (d. 1865), who was killed by "The Quantrel Men". The land was formally donated for community use by James W. and William N. Wortham in 1874.

In 2004, the cemetery received official recognition as a historic site, having been documented by the Texas Historical Commission. 

Marker Text: Tennessee native William Green Duke Wortham came to Texas around 1854. His wife, Charlotte Coke, whom he wed in 1841, was sister to Texas Governor Richard Coke. The couple settled in this area, and the community that developed here was named for Wortham.

This site was in use as a cemetery as early as 1864, when Sarah Bird was interred here. Several graves are marked only with rocks and may predate 1864. Another early grave is that of J.B.M. Howard (d. 1865), whose tombstone indicates he was killed by "The Quantrel Men," referring to the Civil War vigilante W.C. Quantrill. James W. and William N. Wortham, descendants of the original settlers, formally donated the land to the community for use as a burial ground in 1874.

​Over the years, various individuals cared for the burial ground. Carrie Crump Hanna oversaw the maintenance for approximately 40 years, and her daughter, Mary Hanna Bryant, later did much to protect and expand the cemetery. Family members, as well as the cemetery association, continue to care for the burial ground and the more than 300 graves. (2004)

 

Definitions.

As used in these rules and regulations, the following terms have the meanings assigned below. a. Cemetery means Wortham Bend Cemetery of China Spring, Texas. b. Cemetery organization means Wortham Bend Cemetery Association,  c. Certificate of ownership means a certificate or receipt of purchase issued by an authorized officer or representative of the cemetery organization indicating the ownership of one or more interment spaces in the cemetery. d. Certified plot owner means a plot owner to whom the cemetery organization has issued a certificate of ownership. e. Grave means a burial space in the cemetery. f. Interment space means a single grave, crypt, or niche in the cemetery. h. Plot means an interment space in the cemetery and all adjoining interment spaces owned by a single plot owner. Thus, a single plot may consist of more than one interment space. i. Plot owner means a person who owns the exclusive right of sepulture in a plot. Any plot owner that is not a certificated plot owner is an uncertificated plot owner. j. Plot representative means a person designated by all certificated plot owners to represent the plot. The term includes both persons whose authority is irrevocable and those whose authority is revocable, provided that no notice of any revocation of the authority has been delivered to the cemetery organization. k. Memorial means a monument, tombstone, gravemarker, or headstone identifying a grave or a nameplate with an inscription identifying a crypt or a niche. l. Monument means an upright memorial made principally of stone. m. Niche means a space in a mausoleum or columbarium in the cemetery used or intended to be used for the inurnment of cremated human remains. n. Right of interment. The right of a person to be interred in a particular plot, even if the person does not own the right of sepulture to the plot. o. Right of sepulture. The exclusive right to intern human remains in a grave or crypt or, as the case may be, cremated human remains in a niche. p. Urn means a container designed to hold cremated human remains.

 

Duties of the President & Vice-President

As in the By-Laws, the President and the Vice President have entire charge of Wortham Bend Cemetery and are authorized to enforce all rules, to maintain order, to overlook all workmen, visitors, and drivers, to expel those who disregard the rules of the cemetery, to inspect all contracts, and to refuse all workmanship or materials that may be below the recognized standards of the cemetery. 

 

Website

The current version of these rules and regulations is available on the cemetery’s website, worthambendcemetery.com. In addition to other information, the website contains information regarding: days and hours of operation, office hours, and any special protocols that may be required from time to time for health-related emergencies.

 

Duties of the Caretaker

The primary duty of a cemetery caretaker is to act as the guardian of the grounds, enforcing rules to maintain a respectful, safe, and pristine environment. This includes maintaining the landscaping, regulating visitor behavior, enforcing decoration policies, and assisting with burial logistics.

 

Hours of Admission

Wortham Bend Cemetery will be open at all times to owners and visitors from dawn to dusk unless it becomes necessary to have designated hours.

Visitors are expected to engage in activities associated with visiting graves, genealogy research, or maintaining plots. Loitering without a clear, respectful purpose violates local property rules and posted guidelines. 

 

Legal Notice: Under the Texas Penal Code Section 30.05, a property is legally protected by notice if it has fences, locked gates, or explicit "No Trespassing" signs.

 

Violations on this property can be enforced directly by local municipal or county law enforcement. 

 

Ownership of Plots & Spaces

All plots and spaces shall be held and used in accordance with the Rules and Regulations now in force or hereafter adopted by the Board of Directors, who are the authorized agents of the Wortham Bend Cemetery, with authority under the laws of Texas, to enforce any measure that can be proved reasonable and for the general good of the Wortham Bend Cemetery.

When a person purchases a grave, mausoleum crypt, or cremation niche, he or she is really purchasing

interment rights for the grave, crypt, or niche only. Actual ownership of the property remains with The Wortham Bend Cemetery Association.

Each interment space in the cemetery may be used only for the interment of the remains of deceased human beings, and no interment space in the cemetery may be used for any other purpose. Specifically, pets may not be interred in the cemetery.

 

Loss or Destruction of Certificate of Ownership.

If a certificate of ownership is lost, misplaced, or destroyed, the cemetery organization will issue a replacement certificate of ownership in accordance with the procedure provided in this rule.

To receive a replacement certificate of ownership, all appropriate persons must deliver to the cemetery organization the required fee and each of the following documents: 

1. A request for replacement certificate of ownership signed under oath before a notary public, which explains to the satisfaction of the cemetery organization the circumstances surrounding the loss of the original certificate.  

2. An agreement to indemnify the cemetery organization and its officers, directors, agents, successors, and assigns from any loss or damage caused by or arising from the issuance of the replacement certificate.

 

If there is only one plot owner, then the sole plot owner is the appropriate person. But if there is more than one plot owner, then— a. If the plot owners have duly designated a plot representative, then the plot representative is the appropriate person. b. Otherwise, each plot owner is an appropriate person.

 

Transfers of Reassignment

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.

 

Donations & Memorial Contributions

The Cemetery operates as a non-profit cemetery, and therefore, its only sources of income are the sales of interment plot(s), interment fees collected at the time of burial, maintenance fees upon purchase of interment plot(s), donations, memorials, and estate gifts designated to the Wortham Bend Cemetery Association. Funds are used for improvements and required maintenance. 

 

Driving Restrictions

Automobiles, funeral coaches, and trucks must be kept under control at all times, and at no time shall such vehicles drive within the cemetery at a speed in excess of ten (5) miles per hour. Automobiles are not allowed to park or to come to a full stop in front of an interment area prepared for burial unless such automobiles are in attendance at the funeral. It is prohibited to park or leave any motor vehicle on any road or driveway within the cemetery at such location or in such position as to prevent any other vehicle from passing, or to leave the vehicle unattended for any length of time, and if so parked or left, the Cemetery Authorities may remove said vehicle. Vehicles obstructing a road or driveway or left unattended shall be towed at the vehicle owner’s expense. Vehicles are not permitted to drive or park on the grass. The Cemetery Authorities reserve the right to refuse admission of bicycles, snowmobiles, trail bikes, skateboards, and other such vehicle.

Driving or riding on any area that is not marked as the roadway is not permitted.

 

Protective Regulations

To guard against theft, no one may pick flowers or remove any tree or shrub from any area without the permission of the Board of Directors. All seasonal (holiday) flowers may only be put on the owner's property thirty days before the holiday season and shall be removed within thirty days after. 

The cemetery will take every reasonable precaution to protect all property (plot or space) owners from loss or damage, but disclaims any responsibility for loss or damage beyond its reasonable control

 

Regulations on Properties

Placement of all items, decorations, landscaping, and monuments/headstones must be approved by the Wortham Bend Cemetery Association.

Anything deemed objectionable by cemetery management or in interference with daily maintenance and operation of the cemetery will be removed without notice. Wortham Bend Cemetery Association is not responsible for any items placed on any gravesite or cemetery property and any individual agrees that placing any item at the cemetery is done at such individual’s own risk and loss. The cemetery authorities shall have full rights to fill and level graves when needed. 

The cemetery prohibits enclosure of any kind, including curbing, hedges, or shrubs that would enclose lots or spaces. The Board of Directors also requests the cooperation of property owners in reference to placing ornaments, chairs, or any other object which may be considered objectionable to cemetery authorities. 

The following are NOT allowed. 

• No sign indicating “property for sale” will be permitted. 

• No signs claiming property ownership.

• If trees, bushes, plants, or shrubs situated on any lot or space shall by means of their roots or branches, become detrimental to the adjacent property or street, become unsightly or inconvenient for visitors or others, become hazardous or infringe upon routine maintenance, it shall be the duty of the cemetery authorities to remove said trees, bushes, plants, or shrubs. The cemetery shall have the right to remove any tree, bush, plant, or shrub that may be infected with disease. 

• No planting of any trees, bushes, plants, or shrubs will be permitted anywhere without written consent of the Wortham Bend Cemetery Association and the cemetery will not be responsible for any special care of said plants.

• Advertisements or signs of any kind are prohibited.

• Artificial flowers must be in approved containers (No glass, ceramic, or breakable material)

• Balloons

• Bird Baths measuring over 3 feet in height

• Bones of any sort (animal or human)

• Cans of any sort

• Candles or any item with an open flame

• Ceramic Vases or Ornaments

• Chairs or benches

• Cooking Devices (grills, fryers, smokers, barbecue pits, etc.)

• Crockery jars

• Fireplaces or firepits

• Flagpoles or Flags – “Cemetery” flags are allowed, only one per grave

• Garden flags

• Glass of any kind

• Hangers

• Hanging Baskets

• Items Hanging in or on Trees

• Lawn Ornaments

• Metal Brackets, Poles, Rods of any kind, including iron, metal or plastic

• Pennants

• Photographs, unless incorporated into the headstone

• Picture Frames

• Pinwheels

• Plastic Decorations of any kind

• Pottery Items

• Shells

• Marbles, Glass Beads, or Flat Glass

• Tin Decorations

• Toys

• Tree Lights or Ornaments

• Urns that are not incorporated into headstones

• Landscaping

  • Bricks

  • Cedar Planting or Trees

  • Concrete markers

  • Rocks/ Boulders used as markers

  • Coping, Curbing, Borders, Border Stones or Edging of any kind.

  • Decorative Stones or Garden Stones

  • No planting of flowers on or around property

  • Fencing – around a gravesite or lot

  • Grass – without approval of the Wortham Bend Cemetery Association

  • Gravel or Rock of any kind

  • Groundcovers

  • Hedges and Shrubs

  • Mulch

  • Rose Bushes

  • Trellises

Any hanging item must be on a shepherd's hook and placed on the grave plot (not beside it)

 

Questions or requests for clarification should be referred to the Vice President, Lindsay (254) 495-2564.

 

Monument, Headstone, and Markers

No monument or mausoleum shall be constructed until plans and specifications thereof have been approved in writing by the cemetery association. Plans for monuments and mausoleums must be submitted to the cemetery for approval before construction can begin.

• Monuments must be made of granite or bronze and set on concrete foundations of properly mixed concrete.  Monuments of marble are not recommended, as they tend to chip and stain and are not suitable for permanency. 

The cemetery reserves the right to prohibit the erection of any mausoleum, monument, marker or any other monumental work that may be considered by the cemetery authorities inappropriate either in material, design, content, workmanship, size or location.

Any gravesite opening is nonrefundable. If any gravesite opening is cancelled, any following opening pertaining to such cancellation will be subject to the standard fees and costs associated with such opening.

The following are not allowed.

• Angels or Statues – except when attached to a monument/headstone

• Benches – except with approval of the cemetery association. Before a bench may be set, a fee must be paid, and a permit must be issued by the cemetery association. Furthermore, notwithstanding the foregoing, only one bench shall be allowed on any contiguous spaces, regardless of the size of the property.

• Monuments/Headstones made of any material other than Granite or Bronze.

• Wooden Markers of any kind

Anything deemed objectionable by cemetery management or in interference with daily maintenance and operation of the cemetery will be removed without notice.

 

Interments

Funeral homes shall contact the Vice-President, Lindsay Pack at 254-495-2564 for all burial and cremation services and will also collect an interment fee, set forth by the Board of Directors, for the cemetery. 

Funeral floral pieces will be removed from graves when they become wilted and unsightly and will be removed after 72 hours. Persons desiring to retain the same must remove them within 72 hours. 

Funeral directors will be held responsible for the action of vehicle drivers employed by them while within the grounds. Funeral home staff shall remain at sight until all work is complete. Funeral home must furnish a temporary grave marker to mark decedents if no permanent marker is already in place. 

All fees, back annual care, endowed care or balance due on the entire lot, along with all related fees, must be paid in full prior to the interment.

The cemetery organization shall not be liable for any delay in any interment where a protest to the interment has been made or where the rules and regulations have not been complied with.

 

Grave-side funeral services must start no later than 3:00 p.m., on any day of the week. All graveside services must be held within the provided covered pavilion. There are to be no tents or shelters erected for any temporary/ permanent use. 

 

Since most interments occur outdoors, plan ahead. Make sure that the clothes you wear to the service are appropriate for the weather and time of year. Also, due to the forces of nature and other outdoor elements, make sure to read safety signs. If you feel that a certain path inside the cemetery is too dangerous for you to walk on, don’t! 

The cemetery organization shall have the right to enter upon or use any adjoining plots to carry out its duties with respect to interments, erection of monuments or markers, and general maintenance without prior notice to, or approval from, the affected plot owners.

 

Disinterment and Removals

The remains of a deceased person can only be removed with the consent of the cemetery and a written consent of the next of kin or by a court order. The cemetery requires a licensed funeral director to be present for all disinterments. A state-issued Disinterment Permit is required by law if the deceased person is disinterred from the cemetery and re-interred in another cemetery. A Disinterment Permit is not required if the deceased person is disinterred and re-interred within the same cemetery. 

 

Erection of Monuments

Monument companies must contact the caretaker before erection of any stone. It is the responsibility of the property owner or responsible party to contact management about the size and shape of the monument or marker. If a monument or marker is deemed unsightly, it will be removed at the expense of the requesting party.

Monuments erected by monument company employees shall be placed in the marked area and aligned as noted. 

 

Within twelve months from interment, a permanent memorial shall be installed. Final (death) date shall also be inscribed within twelve months following interment. Those duties fall to the responsibility of the next of kin and/ or lot owner. Should a grave not be permanently marked or death date inscribed within this time frame, the cemetery, at its discretion, can order a permanent suitable marker or death date inscription and bill the next of kin and/ or lot owner from reimbursement of such task. 

 

Prohibited Activities.

• Dogs are not permitted inside the cemetery unless they are kept on leashes or in a vehicle. If they defecate, you are responsible for removal and disposal of the feces. 

• Alcoholic beverages and illegal drugs are prohibited inside the cemetery. Any alcoholic beverages or containers left on grave plots will be removed by the cemetery association. 

• No peddling or soliciting by anyone other than the cemetery organization is permitted inside the cemetery.

 

Enforcement of Rules and Regulations.

When you visit the cemetery, it is unlikely that you will be the only person there to visit a loved one. While it’s good to express yourself in a way that you feel comfortable, it’s also courteous to remember those around you. Playing loud music, shouting, or otherwise being disruptive may make visitation hard for others. The cemetery organization may regulate any disruptive behavior at the cemetery.

 

Under Texas law, the cemetery organization, acting by and through its authorized officers and employees, has the same powers, duties, and immunities as those granted by law to a constable or sheriff of McLennan County, Texas. The cemetery organization shall maintain order and enforce these rules and regulations and state law in the cemetery and as near the cemetery as necessary to protect cemetery property.

 

Notices and Consents.

Each plot owner and plot representative must keep the cemetery organization informed in writing of the person’s current mailing address. The cemetery organization may send any notice or other communication to the most recent mailing address provided in writing (email or mailed letter) to the cemetery organization by the person. The cemetery organization shall have no duty to discover the person’s current address, if different from the most recent mailing address provided in writing to the cemetery organization. The cemetery organization shall have no duty to send any further notice or communication to the person at the person’s most recent mailing address on record with the cemetery organization once two letters properly addressed to the person at that address have been returned to the cemetery organization unclaimed.

 

If a plot owner or plot representative provides the cemetery organization with an e-mail address, then the cemetery organization may, but is not required to, send any notice or other communication to the person at the e-mail address so provided.

 

Maintenance Care

The cemetery assumes the responsibility for continuous maintenance care of all properties, even after purchase.

 

General Provisions

These rules are general and may be varied from time to time to meet special conditions. All other rules and regulations are superseded by these rules and regulations set forth in this revision for the betterment and existence of the Wortham Bend Cemetery Association. 

 

Frequently asked questions.

Maintaining graves is a very important task for our staff. Some common questions we hear involve how long it takes for a grave to settle, what the process entails, and when grass will be planted.

 

• What is grave settling? Grave settling is the process of the earth (soil, clay, etc.) surrounding the burial readjusting.

• How long does is take a grave to settle? The duration of time it takes for a grave to settle varies greatly on the season, type of burial, and other external factors. However, on average its takes about a year for a grave to fully settle.

• What is the process of leveling a grave? Directly after the burial, the outer burial container is surrounded by filler. While many cemeteries use only soil, we use fill sand to the top of the liner and then soil from the vault to the top of the grave. Sand is much more durable against water and therefore speeds and assists in the settling process. As the grave settles throughout the year, additional soil is added. 

 

Correction of Errors and Limitation of Liability.

The cemetery organization reserves the right to correct any mistake or error made by any officer, director, employee, contractor, agent, representative, or attorney of the cemetery organization in accordance with the terms of this rule.

 

If the cemetery organization inadvertently sells to a person a plot that has already been sold to another person, then the cemetery organization may cancel the second sale, void any certificate of ownership issued in connection with the sale, and refund to the person all consideration paid to the cemetery organization for the plot. The person shall have no further recourse against the cemetery organization.

 

If the cemetery organization inadvertently inters remains in the wrong interment space, then the cemetery organization may transfer the remains from the wrong interment space to another interment space in the cemetery without a court hearing. In that event, the cemetery organization shall refund to the person all consideration paid to the cemetery organization. If the person decides to leave the remains in the new interment space, then the cemetery organization shall issue to the person a certificate of ownership to the space. If the person decides to move the remains, then the cemetery organization shall consent to the disinterment and, if and when all necessary consents are obtained, open the space at no charge to the person to facilitate the disinterment. The person shall have no further recourse against the cemetery organization.

 

If the cemetery organization inadvertently issues to a person a certificate of ownership that incorrectly describes the interment spaces sold or the identity of the owner or owners or that includes any other mistake of any kind, then the cemetery organization may cancel the incorrect certificate and issue a new certificate in proper form. If the person disagrees with the new certificate and the disagreement cannot be resolved by the parties, then the cemetery organization may cancel the new certificate and refund to the person all consideration paid to the cemetery organization in connection with the incorrect certificate. The person shall have no further recourse against the cemetery organization.

 

If the cemetery organization makes a mistake involving a marker, monument, or other memorial, then the cemetery organization shall correct the mistake by providing the correct marker, monument, or memorial. Once the cemetery organization has been notified of the error and has corrected it, the person who ordered the marker, monument, or memorial shall have no further recourse against the cemetery organization.

 

If the cemetery organization makes any other mistake or error, then the cemetery organization may take any action necessary or appropriate to correct, revise, reverse, remedy, or otherwise fix the mistake or error. Any person affected by the mistake or error shall have no further recourse against the cemetery organization.

 

If any mistake or error involves a person not receiving an interment space that the person contracted to receive from the cemetery organization, then the cemetery organization may offer the person a different interment space in the cemetery of equal or greater value located to the extent possible in a similar location. If the cemetery organization elects not to offer the person a different interment space or if the person rejects the proffered space, then the cemetery shall return to the person all consideration paid by the person to the cemetery organization. The person shall have no further recourse against the cemetery organization.

 

In all cases, the cemetery organization shall have no liability to any person greater than the consideration, if any, that the person paid to the cemetery organization, unless the person can prove that an officer, director, employee, contractor, agent, representative, or attorney of the cemetery organization acted with a conscious intent to cause injury or harm. Specifically, the cemetery organization shall never be liable to any person for conduct that is merely negligent or even grossly negligent. 

 

Regardless of the mistake or error, the cemetery organization shall not be liable to any plot owner or any other person for special, consequential, or incidental damages arising from an error or mistake. Nor shall the cemetery organization be liable to any person for mental anguish damages allegedly arising from a mistake or error. Regardless of the error or mistake, neither the cemetery organization nor its officers, directors, employees, contractors, agents, representatives, or attorneys shall be liable to any person in an amount exceeding the consideration paid to the cemetery