Important Rules to Note
HOF CHURCH INC. d/b/a/ Mt. Zion Cemetery
In the spirit of maintaining the sacred nature and dignity of the Mt. Zion Cemetery, the following will be enforced. We ask for your understanding.
Sales of plots are binding only when signed in writing by an authorized agent of HOF CHURCH Inc. and recorded in the Mt. Zion Cemetery Authority office. Purchase of a plot does not give the purchaser the present or future right to purchase adjacent plots, and notwithstanding anything to the contrary, the availability for purchase of adjacent plots cannot be assured.
No sale, transfer, or assignment of any interest in a plot or plots shall be valid without the written consent of HOF CHURCH Inc., which shall not be unreasonably withheld. HOF CHURCH Inc. reserves the right to refuse approval of any transfer which is considered prejudicial to the best interests of the Cemetery and to the other plot owners. A plot is intended as a family burial place for the permit holder and his/her family. Plot owners shall notify HOF CHURCH Inc. at once of any change of address.
HOF CHURCH Inc. does not buy back plots once purchased. HOF CHURCH Inc. will not refund down payments on plots, nor will the HOF CHURCH Inc. credit purchased plots towards larger plots.
A plot may be held in joint ownership. However, in such cases only one monument will be permitted on the entire plot. HOF CHURCH Inc. , will not enforce any agreement between the owners as to which portions of the plot are to be used by each. HOF CHURCH Inc. will accept order for interments from either owner, or for other action affecting said plot as allowed by the governing rules and regulations.
Decent of title to cemetery spaces shall governed by the provisions of Louisiana Revised Statute, 8:803, which provides: “Except as herein otherwise provided, every right of internment and cemetery space shall be subject to the laws of Louisiana pertaining to community property, inheritance, including but not limited to the laws of intestacy, donations inter vivos and mortis causa, and successions.”
RIGHT OF BURIAL
Subject to the provisions of Louisiana Revised Statute, 8:803, any person who at the time of death is the legal holder of contract evidencing a Right of Internment, may be interred in the grave plot designated in the contract. Any member of the immediate family of any contract owner may be interred in that plot with the written permission of the legal holder of the contract relating to such plot. No other person may be interred in any plot without the legal written consent of both the legal holder of the plot permit and HOF CHURCH Inc., which shall not be unreasonably withheld. HOF CHURCH Inc. reserves the right to refuse such consent in any case when it deems such interment prejudicial to the best interests of the Cemetery and the other contract holders. Subject to the provisions of Louisiana Revised Statute, 8:803, contract holders who desire to give the privileges for future interment to relatives, with consideration, may file with HOF CHURCH Inc. such instructions in writing and duly notarized.
FUNERALS AND INTERMENTS
While within the grounds, funerals will be under the control of the Cemetery Supervisor or one of her/his assistants. All graves shall be opened and closed by employees of HOF CHURCH Inc. or its designees. No interment will be permitted without the required burial permit. Whenever interments are to be made, at least forty-eight (48) hours’ notice must be given in order that the grave may be prepared. Only human remains are intended to be buried in the Cemetery. No animals or fowl shall be interred in the cemetery. Charges for opening and closing private vaults and tombs at time of interment and at other times are regulated by services rendered. Not more than one interment is allowed per grave, except for a parent and infant child, two children buried at one time and in one casket, or a maximum of four (4) cremations if the grave site will accommodate. Only one casket shall be placed in each grave. Every casket earth interment must include the use of a vault or the minimum of a concrete liner. Every cremation earth interment container must be approved by the Cemetery Supervisor. Interments may not be made in plots which have not been paid for in full. Grave openings under four feet in length shall be considered infant or child interments. Grave openings four feet or over in length shall be considered adult interments. HOF CHURCH Inc. shall identify the exact location of every grave and/or burial space prior to internment.
DISINTERMENTS OR REMOVALS
No disinterment or removal of a body from any plot will be allowed except where the party seeking disinterment is in strict compliance with La.R.S. 8:659. Which provides:
The remains of a deceased person may be moved from a cemetery space to another cemetery space in the same cemetery or to another cemetery with the consent of the cemetery authority and the written consent of one of the following, in the order named, unless other specific directions, in the form of a notarial testament or a written and notarized declaration, have been given by the decedent:
(1) The surviving spouse, if there is no pending petition for divorce filed by either spouse prior to the death of the decedent spouse.
(2) A majority of the surviving adult children of the decedent.
(3) A majority of the surviving adult grandchildren of the decedent.
(4) The surviving parents of the decedent.
(5) A majority of the surviving adult siblings of the decedent.
B. If the required consent cannot be obtained, a final judgment of the district court of the parish where the cemetery is situated shall be required.
In case of disinterment from single graves for removal of the remains from the Cemetery or to a family burial plot, where permitted by law, the party seeking disinterment shall pay all cost associate with the disinterment. The current charge will also be made for re-interment.
CARE AND IMPROVEMENTS
All work in the care and improvements of plots shall be done by employees of HOF CHURCH Inc. or designated sub-contractors. No plot or grave shall be defined by fence, railing, coping, or hedge. Steps leading to plots will not be permitted. Boxes, shells, toys, wire screens, arbors, trellises, tripods, chairs, benches, decorative gravel, stones, or rocks, plastic piping chairs, benches and objects of similar description will not be permitted on any plot or grave or ground adjacent to a plot or grave. Mementos left on a grave or monument, or anywhere in the Cemetery, may be removed at any time by HOF CHURCH Inc. without notice to the family. Contract holders or other interested persons may not plant trees or shrubs on any grave or plot. HOF CHURCH Inc. has the right and authority to remove any thing that the management considers unsightly or not conforming to the standards of the Mt. Zion Cemetery. HOF CHURCH Inc. reserves the right to regulate the method of decorating plots so that a uniform beauty may be maintained. Artificial flowers will be removed and destroyed when they become faded, dirty or unsightly in the sole opinion of the Cemetery Supervisor. Cut flowers and potted plants shall be permitted at any time but will be removed when unsightly at the sole discretion of the Cemetery Supervisor. No person shall trim, prune, or remove any part of any tree or shrub in the Cemetery. HOF CHURCH Inc. shall mow and maintain the grass on plots year-round.
GENERAL RULES AND REGULATIONS
Visitors and family members are welcome to visit the graves of loved ones, keeping in mind the purpose of the area. Visitors are reminded that these grounds are sacredly devoted to the interment of the human dead and that strict observance of the decorum due such a place will be required by all.
Conduct in Cemeteries: Contract holders shall enter or leave the Cemetery through an established gates or entranceways. Dogs, except service animals, are not permitted on Cemetery grounds. Child under the age of fourteen (14) years of age shall be accompanied by an adult. Contract holders shall not consume of alcoholic beverages on HOF CHURCH Inc. property, or allow anyone visiting the Cemetery with their permission, to consume alcoholic beverages on HOF CHURCH Inc. property. Contract holders shall not discharge fireworks or firearms on cemetery property. Contract holders shall not use metal detectors on cemetery property. Contract holders shall not disturb any tree, shrubs, or other planted material without permission of HOF CHURCH Inc.
No person shall enter the Mt. Zion Cemetery except by the public entrance. No person shall remain on, or occupy the Cemetery prior to sunrise or after sunset, without express permission.
Automobiles shall not be driven on, or parked on the grounds, except in specifically designated parking areas, unless authorized by HOF CHURCH, Inc.
Firearms shall not be discharged on Mt. Zion Cemetery property without express permission of HOF CHURCH, Inc. No person other than law enforcement authorities or HOF CHURCH, Inc. security personnel, shall be permitted to bring concealed or open carried firearms onto cemetery grounds, except a military guard of honor and then only when in the charge of a military officer and during a military service, and upon prior approval of the Cemetery.
Prior to the commencement of any work an owner shall submit blueprints, sketches or other adequate description of each outer burial container, memorial or foundation specifying material, size, inscription, name of manufacturer and style number prior to receiving authorization to place any outer burial container, memorial or foundation.
No materials except granite, approved marble or standard bronze shall be used for any marker or monument. HOF CHURCH Inc. reserves the right to prescribe the kind, size, design, symbolism, craftsmanship, quality and material of memorials, inscriptions, monuments, or markers placed or to be placed in the Cemeteries. No curbing, coping, fence, bench, urn, or similar object, independent of the monument or marker, will be permitted on any plot or grave without the expressed permission of the Cemetery Supervisor. Not more than one monument shall be erected on any plot. No marker or monument shall be set in place until approved by HOF, Inc. Where permitted, monuments shall be placed in the center of a plot except when alignment with existing nearby monuments justifies another location. Unless permitted by the Cemetery Supervisor only one marker shall be placed at any traditional grave burial site, and all markers must be placed at the end of the grave as platted in flush markers sections. A maximum of two (2) markers shall be placed at a cremation burial site containing two (2) to four (4) cremation interments with one marker being placed at the end and the second being placed directly above the end marker. No monument shall be erected on a plot in a flush marker section. No marker shall embrace two or more graves, except on a cremation interment grave site as stated above or a two (2) or three (3) grave plot where a double or three grave marker is permitted. Contract holders shall be responsible for third parties placing monuments on plots and shall provide planking adequate to protect turf and shall remove materials and equipment immediately upon completion of work. Markers and monuments cannot be delivered until proper foundation has been installed. Foundations for monuments and markers must: (1) Extend 10 inches in depth except where granite is used and then a 4 inch foundation is required. (2) Be one piece not to exceed 5 inches overall margin. (3) Not project above the ground on Concrete piers must extend to the vault. (4) Any foundation over any actual grave area, or portion of grave area, must be bridged over the actual grave with at least six inches of footing on solid ground. The footing must extend down to the vault and/or liner. Materials for stonework cannot remain in the cemetery longer than three (3) days after completion of the work, and the site shall be left in a clean, orderly condition. The exposed surface of all single flush markers shall be no larger than 32 inches in length and 20 inches in width. Double or triple flush markers shall be no larger than 20 inches in width and 64 inches in length. All flush markers shall be at least four inches in depth. Flush type markers issued by the United States Government must be set flush even if used in a section where upright markers are permitted. Bronze plaques issued by the United States Government must be permanently mounted on a granite stone marker that is a minimum of 4 inches thick. The exposed surface of any single flush marker shall be no larger than 32 inches in length and 20 inches in width. Double or triple flush markers shall be no larger than 20 inches in width and 72 inches in length.
HOF CHURCH INC. ASSUMES NO RESPONSIBILITY FOR MAINTENANCE OR REPAIR OF MONUMENTS.
Notwithstanding, in the event a monument is damaged by act of God, or third parties not under the control of HOF CHURCH Inc., HOF CHURCH Inc. may elect to repair or replace the damaged marker. In conjunction with opening and closing of graves it may be necessary to temporally move monuments and markers. This movement is to allow access to the grave site for equipment. The movement will be done by a professional monument company. The cost of such temporary movement will be at the expense of the family requesting the grave opening. Monuments and markers will be returned to their original place as soon as possible.
Maximum measurements for completed monuments are listed below. Tablet or monument size cannot exceed the size of the base.
Two grave plot- 5’6” base, 6’4” foundation
Three grave plot-6’4” base, 7’2” foundation
Four grave plot-7’ base, 7’10” foundation
Five grave plot-8’ base, 8’10” foundation
Six grave plot- 8’ base, 8’10” foundation
All plots larger than six graves shall be no longer than 8’ base, 8’10” foundation.
Monuments shall not be taller than length of base. Width of base shall not be over 1’4”, and back of base must be at same level as back edge of plot/corner markers.
No monument shall embrace more than two (2) cremains, except on a three or more grave plot where a double or three grave monuments are permitted.
1. Interment Rights within the Cemetery shall be used for no purpose other than for the interment and/or memorialization of human remains.
2. A Certificate of Interment Rights shall be issued to each Owner upon full payment of the purchase price of an Interment Right. Every Interment Right shall be subject to (a) all applicable laws and governmental regulations. (b) the Articles of Incorporation and other documents establishing the Cemetery; and (c) all Rules and Regulations adopted by the Cemetery; and (d) No verbal agreement, promise or representation of any employee or agent of HOF CHURCH Inc. shall be binding on HOF CHURCH Inc.
3. The person named in the Certificate of Interment Rights issued and of record will be presumed to be the Owner of the Interment Right unless the Cemetery approves in writing the transfer or assignment of ownership in accordance with these Rules and Regulations as they now exist or may hereafter be amended. All Interment Rights conveyed to individuals shall, unless stated otherwise, be presumed to be the sole and separate property of the Owner named in the Certificate of Interment Rights.
4. Upon the receipt of an Order of Distribution by a court having jurisdiction over the estate of a deceased Owner, the Cemetery shall revise its records to reflect ownership of Interment Rights in accordance with such Order.
5. If an Owner dies without having transferred unused Interment Rights either by a specific devise in the Owner's will or by a written direction furnished to the Cemetery, any such unused Interment Rights descend to the heirs at law of the Owner in accordance with the laws of descent and distribution of the state in which the Cemetery is located, subject to the Interment Rights of the deceased and his or her surviving spouse. Where such a transfer of ownership results in multiple Owners of any Interment Rights, each co-Owner shall have the right to be interred in any interment space of the co-Owners which has not been used at the time of that co-Owner's death, and the consent of the other co-Owners shall not be required for any such interment; however, no co-Owner may convey an Interment Right, or authorize the interment of anyone other than a co-Owner, without the consent of all other co-Owners of that Interment Right.
6. Upon the death of a joint tenant, title to Interment Rights held in joint tenancy immediately vests in the survivor or survivors, subject to the vested Interment Right of the remains of the deceased joint tenant.
7. When there are two or more Owners, they may designate one or more persons for the purpose of granting authorization for interments with respect to the Interment Rights of such Owners. Any such designation shall be made in writing and furnished to HOF CHURCH, Inc. In the absence of such designation, the Cemetery shall not be liable for acting on any direction of any co-Owner, provided no other co-Owner has notified the Cemetery of an objection prior to the Cemetery's acting on such direction.
8. The Cemetery shall have the right to refuse to consent to a transfer or to an assignment of any Interment Right until the purchase price of the Interment Right has been paid in full.
9. The Cemetery does not insure personal property. Grave markers, monuments, benches, contents of niches and similar items are the personal property of individual plot owners and/or their families. They are not the property of the Cemetery. Accordingly, customers are encouraged to speak with their personal insurer if they wish to insure their personal property which is present at the Cemetery. The Cemetery may take reasonable precautions to protect against loss or damage to property or rights within the Cemetery; but it expressly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and specifically, but not by way of limitation, from loss or damage caused by the elements, an act of God, common enemy, thieves, assailants, vandals, strikers, lockout or labor trouble, mischief makers, explosion, unavoidable accident, invasion, insurrection, riot, government act or regulation or order of any military or civil authority, whether the loss or damage be direct or indirect.
10. HOF CHURCH, Inc. reserves the right to correct any errors that may be made by it in making interments, disinterments, or sales, transfers or conveyances of Interment Rights, including the right to substitute and convey in lieu thereof other Interment Rights of comparable value and similar location (to the extent possible) as may be selected by HOF CHURCH, Inc. Alternatively, HOF CHURCH, Inc., in its sole discretion, may refund the amount of money paid on account of the purchase of the Interment Rights, merchandise or services to which the error relates. In the event such error shall involve the interment of the remains of any person in an incorrect location, HOF CHURCH, Inc. reserves and shall have the right to remove and transfer such remains so interred to the correct location or to a similar location of comparable value, as may be selected by HOF CHURCH, Inc. HOF CHURCH, Inc. shall have no liability as a result of any errors of the type described in this paragraph other than its obligation to take the remedial actions described in this paragraph.
11. HOF CHURCH, Inc. reserves the right to enlarge, reduce, replat or change the boundaries or grading of the Cemetery or of a section or sections thereof, from time to time, including the right to modify or change the locations of, or remove or regrade, features, roads, drives, trees, shrubs, flowers, landscaping and walks. HOF CHURCH, Inc. further reserves the right to lay, maintain, operate, alter or change pipelines or gutters for sprinkling systems, drainage and lakes as well as the right to use the Cemetery property, not sold to Owners, for cemetery purposes, including the interring and preparing for interment of human remains, or for anything necessary, incidental or convenient thereto.
12. No persons, other than the duly authorized employees of the Cemetery, shall be allowed to perform any work within the Cemetery without written authorization issued by the Cemetery Supervisor, and any such work so authorized shall be subject to all provisions contained herein pertaining to such activity.
13. If any tree, shrub or plant, by means of its roots, branches, or otherwise, becomes detrimental to the interment space upon which it stands or to any adjacent interment spaces or avenues, or if for any other reason its removal is deemed necessary, the HOF CHURCH, Inc. shall have the right to remove such tree, shrub or plant, or any part thereof, or otherwise correct the condition existing as in its judgment it deems best. In the event of any such removal, HOF CHURCH, Inc. shall have no obligation to replace the removed tree, shrub or plant.
14. Burial spaces shall be purchased solely for the purpose of personal or family interment or the interment of the person designated in the Purchase Agreement or Certificate of Interment Rights, and not for purposes of investment or speculation. HOF CHURCH, Inc. may refuse a transfer of any interment right/burial space if it determines, in its sole discretion, that the purpose of the desired transfer is investment or speculation.
15. A party seeking disinterment shall waive all claims against HOF CHURCH Inc., its agents and employees for damage to human remains, caskets, outer burial receptacles, or urns that occurs during the disinterment process. The party seeking disinterment shall be responsible for all cost including the cost to replace a damaged outer burial container.
16. HOF CHURCH, Inc. reserves the right to stop all work of any nature, whenever, in its opinion, proper preparations therefore have not been made, or when tools and machinery are insufficient or defective, or when work is being executed in such a manner as to threaten life or property, or when any reasonable request on the part of the Cemetery has been disregarded, or when work is not being executed according to the Cemetery's specifications and installation requirements.
17. HOF CHURCH, Inc. reserves the right to inspect the completed installation of any memorial, memorial foundation or outer burial container and determine whether the installation was performed adequately. If the Cemetery determines that the installation was not completed or properly performed, it shall notify the contractor and require that any deviations from the specifications and installation requirements and/or defects be corrected. If any deviations and/or defects are not corrected, the Cemetery may make such corrections and charge the Owner for such remedial work. If it is not possible or practical to correct the deviations or defects the Cemetery may, in its discretion, remove the installation. In the event a defective installation is removed the Owner shall pay all cost associate with the work. HOF CHURCH, Inc. reserves the right to prohibit contractors or labors whose work has proven to be defective from performing any future work in the Cemetery.
18. HOF CHURCH, Inc. shall not be responsible for any defects in material or defects in workmanship, errors or omissions relating to outer burial containers, memorials or foundations purchased from and/or installed by third persons.
19. Prior to performing any work within the Cemetery, contractor(s) must agree in writing to indemnify HOF CHURCH Inc. Contractor(s) shall also obtain and furnish to the Cemetery, prior to making any installations, satisfactory evidence of the following:
(a) Workers' Compensation insurance.
(b) Automobile liability insurance covering owned, non-owned, borrowed and hired vehicles, in the amount of at least $1,000,000 for each occurrence of bodily injury or property damage (Combined Single Limit Coverage).
(c) Comprehensive general liability insurance covering premises operation, contractual liability, products, and completed operations in the amount of at least $1,000,000 for each occurrence of bodily injury or property damage (Combined Single Limit Coverage).
(d) Cemetery Compliance Bond in the amount of at least $1,000 guaranteeing that work performed by contractor is in accordance with the Cemetery's Rules and Regulations.
(e) Employer's liability insurance in the amount of $1,000,000. Such insurance policies shall name the Cemetery as an additional insured and provide that the Cemetery shall be notified thirty (30) days in advance of any cancellations or material changes of said insurance coverage or bond. The Cemetery may waive any or all of the foregoing insurance and bonding requirements upon satisfactory proof, to the satisfaction of the Cemetery, of the contractor's financial responsibility.
20. All ground interments shall be made in caskets or alternative containers. All such caskets or alternative containers shall be constructed from at least three-quarter inch (3/4") thick particleboard of sufficient strength to support the weight of an adult human body. Caskets or alternative containers constructed from cardboard, corrugated fiberboard, pressed paper or similar materials may be used if such caskets are shown to be capable of supporting the weight of an adult human body.
21. Circumstances may arise in which the literal enforcement of the Rules and Regulations may impose unnecessary hardship. HOF CHURCH, Inc. reserves the right, to make exceptions, temporary suspensions, or waivers, without notice, to any of the Rules and Regulations when, in its judgment, the same appear advisable. Any such temporary exceptions, suspension or modifications shall in no way be construed as affecting the general application of these Rules and Regulations.
22. Only one memorial may be placed on any one interment space, except with the express written permission of an authorized representative of HOF CHURCH, Inc. No memorial may be placed to embrace two or more interment spaces except as may be specifically authorized by HOF CHURCH, Inc. The name and inscription on each memorial must correspond with the legal name of the deceased interred in the interment space or memorialized on that interment space, where there is no interment. All memorials shall be set on uniform lines as prescribed by HOF CHURCH, Inc. to conform to the general plan of the Cemetery.
23. If any memorial, structure, or any inscription to be placed on same, or any embellishment whatsoever, shall be determined by HOF CHURCH, Inc. to be offensive or improper, HOF CHURCH, Inc. reserves and shall have the right to (a) refuse to authorize the placement of such memorial or object; or (b) if already in place, HOF CHURCH, Inc. shall have the right to remove, change or correct, at the Owner's expense, any such offensive or improper memorial, object or inscription.
24. Should any memorial become unsightly, dilapidated or a nuisance, HOF CHURCH, Inc. shall have the right to repair the memorial or, at its option, to remove and replace same. The cost of any repair, removal or replacement shall be paid by the Owner of the Interment Rights.
Subject to the Louisiana Cemetery Board regulations, these rules may be amended or modified by the Board of Directors.