By Laws of the Birdville Cemetery Association
The name of the association shall be the Birdville Cemetery Association, a tax-exempt, non-profit organization, chartered by the State of Texas.
Purpose of the association shall be the maintenance and improvement of the Birdville Cemetery.
Membership shall be open to all those who have a common interest in the Cemetery, and have advised the secretary, either formally or informally, of a desire to become members. Members shall pay an annual fee to the Association, payable anytime yearly, or at the annual meeting. Annual fees shall be added to the permanent fund as specified in Section 4 of these By Laws. The Board of Directors shall determine the annual fee each year. The annual fee, set by the Board of Directors, shall be included in the letter to the membership advising them of the date of the annual meeting. Payment of the annual fee, while encouraged, is not required to maintain membership in the Association.
The Birdville Cemetery Association shall maintain and preserve a permanent fund to finance maintenance and improvement of the cemetery. The Permanent Fund shall be increased from all funds received as annual fees, special gifts and bequests (unless designated for specific purposes by donors), lease rentals and royalties covered in Section 5, and sales of lots and burial sites. The Permanent Fund shall not be reduced for any reason, except by a duly authorized amendment to these By Laws.
Maintenance and improvement of the cemetery shall be financed from interest derived from investment of the Permanent Fund, and from gifts and bequests designated for specific purposes by the donors. Such funds shall be designated on Association books as the Operating Fund.
Surplus funds in the Operating Fund can also be invested to earn additional revenue for such fund. Periodically, the Board of Directors, at their discretion, can transfer surplus amounts in the Operating Fund to the Permanent Fund, or allow such excess to accumulate in the Operating Fund for future maintenance or capital improvements.
The Permanent and Operating Funds can be commingled in bank accounts, but shall be recorded separately on the books of the Association.
The Board of Directors is given authority by the members of the Birdville Cemetery Association to enter into contracts for the exploration, development, and extraction of minerals, such as natural gas and petroleum, underlying the Cemetery. The Board of Directors shall have the authority to enter into agreements to merge the Cemetery acreage with surrounding acreage to meet acreage requirements for drilling wells. Drilling operations will not be permitted in the Cemetery.
Lease rentals and royalties pertaining to the Cemetery acreage will be paid to the Birdville Cemetery Association, and will be added to its Permanent Fund to finance maintenance and improvement of the Cemetery.
Management of the Association shall be vested in a board of eight directors, which shall include the four officers of the Association. The president shall serve as chairman of the board.
Officers of the Association shall consist of the president, vice president, secretary, and treasurer. The four officers and the four directors shall be elected to two-year terms by a majority vote of members attending the annual meeting. The four regular directors shall be assigned to places numbered 1 through 4. The president, treasurer, and directors in Places 1 and 3 shall be elected to two-year terms in odd numbered years. The vice president, secretary, and directors in Places 2 and 4 shall be elected to two-year terms in even numbered years.
The president, with concurrence of a majority of the Board of Directors, shall appoint a replacement to fill the unexpired term of a member leaving the Board due to resignation or other reason.
The Board of Directors shall meet as requested by the president. Each director shall be advised either orally or in writing of the time and place of each meeting. Five directors shall constitute a quorum at called meetings, and a majority vote of those in attendance shall be required to transact business of the Association.
The annual meeting of the Association shall be held each year in September or October at a time and place as designated by the president. Members are to be notified at least 15 days in advance of the annual meeting. Purpose of the annual meeting is to report on the operating and financial affairs of the Association, elect officers and other directors, and transact other business of the organization.
The president shall appoint a nominating committee, consisting of one or more Association members, at least 30 days prior to the annual meeting. The nominating committee shall submit a list of candidates at the annual meeting for election as officers and other directors as specified in Sections 6 and 7.
The secretary shall keep an accurate record of all meetings, maintain historical records of the cemetery, and handle correspondence of the Association. The treasurer shall keep an accurate record of all funds received and disbursed, and shall give a financial report at the annual meeting.
To ensure Association financial records shall be in conformance with requirements of Section 4, the treasurer shall include a copy of these By Laws with financial records submitted to the auditor, for review each year.
Amendments to the By Laws of this Association shall be approved by majority vote of the Board of Directors, and then submitted to the members at the annual meeting for approval. Notification of a proposal to amend these By Laws must be given to Association members, in writing, at least 30 days prior to the annual meeting. Amendments to the By Laws shall require the affirmative vote of at least 75% of Association members in attendance at the annual meeting. Proposed amendments can be approved collectively or individually at an annual meeting.
Revised at annual meeting on September 24, 2005.
Section 7 amended at annual meeting on September 22, 2007
Section 9 amended at annual meeting on October 6, 2012