CHARTER AND BYLAWS of the SILOAH CEMETERY ASSOCIATION

written July 1968

revised September 2023

amended September 2024

 

ARTICLE I—NAME

  1. The name of this organization shall be The Siloah Cemetery

  2. For the purpose of this Charter and accompanying bylaws, the Siloah Cemetery Association is hereinafter designated as

       “the Association” and Siloah Cemetery is designated as “the cemetery”.

 

ARTICLE II—PURPOSE

The purpose of the Association shall be to:

  1. Establish in it the successors to the Trust set out and established in deed from August Wolf I to Siloah Lutheran Church, a gift of S acres of land for the purpose of constructing a building to serve as a church, parsonage and school, and to be also used and forever held as a burial Said premises to be held in Trust by August Wolf II, Chas. Kurth and G. Voight (Trustees of Siloah School Community), all now deceased, dated September 27, 1884, recorded in Vol. 6, Page 254-255 of the Bastrop County Deed Records. In November 1916, a portion of the land was sold back to the Kurth family, leaving 2.909 acres for the cemetery. In September 2015, a gift of two acres was deeded back to the cemetery, being part of the original Teal Survey, Abstract 316, Bastrop County Records. The cemetery was designated a Historic Texas Cemetery by the Texas Historical Commission in 2009 and a Texas Historical Marker was dedicated in 2021.
  2. To make possible the continued care, maintenance and beautification of said cemetery situated in Bastrop County at 124 Wolf Rd, McDade, TX 78650, being a part of the S. Teal Survey, containing 4.909 acres.

 3.      The Association shall maintain its non-profit status as a S01c3 organization.

ARTICLE III—MEMBERSHIP

  1. Members are defines as
    1. all reserved and paid plot owners, their heirs or representatives who have a family tie to the cemetery, including by marriage,
    2. AND who monetarily contribute to the Association for the upkeep of the cemetery at a minimum of every 3 years.
  1. Beginning September 2023, monetary contributions must be made in each adult member‘s Adult members are defined as age 21 or older.
  1. Failure to meet and maintain membership criteria will result in a member moving to non-member
  2. Any exceptions to membership criteria or status require concurrence from existing elected Association Trustees.

ARTICLE IV—OFFICERS

  1. The Officers of the Association shall be 3 duly elected Cemetery Trustees, a Custodian of Records, a Custodian of Membership, a Chairman, a Co-Chairman, a Secretary and a

  2.      Election of Officers:

           a.  All Trustees and Officers shall be elected at the regular annual meeting of the Association.

            b. Trustees shall be elected for a period of three years, each serving a rolling three-year term.

            c. The Secretary, Treasurer, Custodian of Membership, and Custodian of Records shall be elected to a three-year term.

            d. The Co-Chairman shallbe elected to a one-year At the end of the one-year term, the Co-Chairman will assume the office of                   the Chairman.

            e. Officers and/or Trustees may establish committees to conduct cemetery business or maintenance as needed.

 3. Duties of Officers:
    a.Trustees
          i. Shall serve as successors to the original 3 trustees set out in the conveyance of cemetery property from August Wolf I                          and shall serve as trustees of property acquired
         ii. Shall oversee maintenance and upkeep of the cemetery property, including Historical Marker, flagpole, roadways, and
         iii.Shall be responsible for all decisions of membership outside the annual Association meeting.
         iv. Shall contact plot owners or heirs regarding maintenance of indivutual plots. 
    b. The Custodian of Records                     

        i.Shall keep an organized record of the cemetery property, including an accurate record of plot location, including reserved                  plots.

        ii.Shall be the first point of contact for funerals

        iii. Shall ensure plots are accurately marked for burial plot

   c.  The Custodian of Membership                                                                                                                                                                                       i. Shall maintain an accurate record of reserved paid plots, including name of purchaser, location of plot, date of payment,                    and amount paid.

         ii. Shall work closely with the Custodian of Records to ensure accuracy of plot resevation and payment.
         iii. Shall work closely with the Treasurer to ensure accuracy of paid

              plots.
         iv.Prior to burial, shall contact heirs of plot owner to discuss fee
             status and request payment if necessary.
    d. The Chairman and Co-Chairman
           i. Shall preside over the annual meeting of the Association
           ii. Shall call and preside over any special meeting of the officers and trustees.

        e.The Secretary

               i. Shall keep a record of all meetings, including business decisions, held by the Association or Officers/Trustees.

               ii.Shall coordinate the annual meeting agenda with the Chairman.

              iii. Shall send notice of the annual meeting to all members on record.

              iv. Shall maintain on behalf of the Association a post office box for correspondence and a safety deposit box for historical
                   records.

       f.The Treasurer
              i. Shall keep a record of Association receipts and disbursements which shou(d be available for reference at any reasonable                     time.

              ii.  Shall keep an accurate record of all moneys and assets belonging to the Association, including but not limited to plot fees,                   membership donations, and memorial funds, and make a record as to sources from which same were received.

             iii. Shall maintain an accurate record of member donations for a minimum of three years.

             iv. Disburse Association funds only through a proper bank account and upon order of the Association. Checks drawn against                  Association Funds shall be signed by the Treasurer.

            v.Shall be responsible for accurate documentation to the IRS regarding the Association's non-profit 501c3 status.

     

    ARTICLE V—MEETINGS

    1. The Association shall meet and conduct business annually at a meeting as agreed upon At the prior year’s meeting. Notice of the meeting date, time and place shall be communicated to members prior to the meeting. 
    2. Special meetings may be called by the Chairman and/or Trustees upon request of a majority of Officers/Trustees to discuss Association business outside of the annual meeting.
    3. Seven members shall constitute a quorum at the annual meeting of the Association.
    4. Minutes of business discussed will be maintained by the Association and made available to members at the annual meeting.

    ARTICLE VI – CEMETERY MAINTENANCE
    The Association shall have control of all Siloah Cemetery Property and shall determine the sale
    price of plots.
      1. Plots
         a. Member (as defined in Article iii)
                i. A member in good standing who has reserved and paid for a plot prior to Dec. 31, 2023 will pay $100 per plot.
                ii.A member in good standing who has neither reserved nor paid for a plot as of Jan 1, 2024 will pay $500 per plot in the                        main cemetery, or $250 per plot  in the designated cremation area.

               iii.May reserve up to 6 plots for a family.

               iv. Beginning January 2024, all reserved plots must be paid at time of

         b.      Non-Members

               i.Non members will pay $5000 per plot in the main cemetery and in the designated cremation area.

               ii.May not reserve plots.

               iii.May only purchase 2 plots when requesting burial.

        c. All payments for plots will require a receipt of payment from the Custodian of Membership.

        d. Each plot may have a maximum of:

               i.  one burial and one cremation

               ii. OR two cremations.

        e. Each individual plot size is 4’ x 8’ with 1’ space between plots.  In the designated cremation area, plot size is 4’ x 3’ with 1’ space          between plots.

               i. Grave marker maximum width is 4’ including base for a single stone; or 9‘ maximum width for a double/couple stone.

       f. Plots may not be resold to the public or heirs.  Plots may be sold back only to the Association at original cost of purchase.

       g. Transfer of plots between heirs necessitates approval from Trustees and the Custodian of Records.

    1. Maintenance
      a. Maintenance of all plots is the responsibility of the plot owner or their heirs, as the cemetery is not a perpetual care cemetery.
      b. New sections of the cemetery will not be opened until already opened sections are full or fully reserved.
      c. No tombstones or markers may be erected in the cemetery without prior payment of plot fee.
      d. Tombstones or markers shall be placed at the head of the plot facing east. No footstones may be placed prior to the                       headstone being placed.
      e. All Non-Tombstone embellishments to the cemetery, including trees, benches,etc., require prior Trustee approval.

    ARTICLE VII—AMENDMENTS

    The Bylaws of the Association may be amended at the annual meeting of the Association by a 2/3 vote of the members present.