BY-LAWS
GENOA CEMETERY ASSOCIATION
APRIL 1, 1991 AS AMENDED APRIL 1, 1998

 

GCA Operated as a “nonendowment care” internment property

 

ARTICLE I
TITLE, MEMBERSHIP AND MEETINGS

 
SECTION 1.  NAME.  The name of the Association shall be GENOA CEMETERY ASSOCIATION.
 
SECTION 2.  PURPOSE.  The Genoa Cemetery Association is organized exclusively for the purpose of procuring and holding lands, to be used exclusively for a cemetery or place for the burial of the dead, and generally for the attending to the affairs, care and maintenance, and all other things pertaining thereto.
 
SECTION 3.  MEETINGS.    The annual meeting of the Genoa Cemetery Association shall be held at the discretion of the President during the month of April each year at the hour and at such place as the President shall designate.  Notice of such meeting shall be given by the Secretary by mail at least one week prior to said meeting. 
 
SECTION 4.  NOTICE OF SPECIAL MEETINGS.    Notice of any special meeting shall be given by the Secretary by mail, postcard, telephone call, personal notice or through local newspaper publication at least three (3) days prior to said special meeting.  Special meetings of the Association may be called at any time by the President whenever he shall deem it necessary, or in his absence, the Vice-president.  The notice shall state the object of the meeting, together with the time and place thereof.
 
SECTION 5.  MEMBERSHIP.  Membership in the Association is a person or member of family that owns a plat(s) in the cemetery proper.
 
SECTION 6.  VOTING.  Each deeded plat will constitute the privilege of one (1) vote.
 
SECTION 7.  ORGANIZATION.  The President, or in his absence, the Vice-president shall call the meeting to order, and act as the presiding office thereof.  So far as practical, Roberts Rules of Order shall be followed at the meetings.
 

ARTICLE II
TRUSTEES, POWERS AND MEETINGS

 
SECTION 1.  NUMBER AND CLASSIFICATION.  The Board of Trustees shall consist of six (6) members and shall serve for a period of three years.
 
SECTION 2. ELECTION.  The trustees may be reelected if they shall possess the qualifications set forth in Chapter 82 of the Nevada Revised Statutes.  The annual election for Trustees to supply the place of those whose term of office expires shall be held at the same time as the annual meeting of the Association.
 
SECTION 3.  MEETINGS.  The meetings of the Board of Trustees shall be held on the call of the President, or in his absence the Vice-president and notice of special meetings of said Board shall be notification to the members by telephone, letter, postcard or other personal notice, at least two (2) days prior to the meeting.
 
SECTION 4.  QUORUM.  Attending members of the Association at any annual or special meeting shall constitute a quorum at any such meeting.  An act of the majority of the members and Board of Trustees present at a meeting at which a quorum is present is the act of the Board of Trustees.
 
SECTION 5.  POWERS AND DUTIES OF BOARD OF TRUSTEES.
 
a)     The Board shall have the management and general direction of the business and affairs of the Genoa Cemetery Association.
 
b)
    The Board shall have the power to receive by purchase, and in trust for the members of the Association, the land necessary for cemetery purposes, and the right of way incidental to the same.
 
c)
     The Board shall have the power to convey to each person entitled thereto, a plat in said Cemetery, which plat shall be used only for the burial of the human dead.  The dimensions of each plat shall not exceed twenty (20) feet by twenty (20) feet, and the price of each plat will be to the specifications of the Board for that year.
 
d)
    The Board of Trustees shall have the power to improve the Cemetery, and to keep the fences and gates in repair, and to reasonably maintain said Cemetery in all respects as is required from time to time.
 
e)
     A member of the Board of Trustee may receive compensation for his services.  A service for which a Trustee is to be reimbursed must be:
 
(1)   A service deemed necessary by a majority of the remaining Board members for the maintenance of the cemetery and plats and interment.
 
(2)
   Unique to the maintenance of the cemetery to include but not limited to:  curbing of plats, rock clearing, grave opening/closing, maintenance and repair of the water lines.
 
(3)
   At a reimbursement rate approved by all members of the Board except for the member to provide the services.  The services(s) to be provided and rate for reimbursement must be identified and approved at the annual meeting.  Emergency cemetery repairs and reimbursement related thereto may only be made after approval of appropriate Board members.  This approval may be obtained by the Secretary to the Board polling each Board member after identifying the emergency service and estimated costs.  Reimbursement for emergency repairs will not exceed five percent (5%) of the approved estimate.  The service and reimbursement related thereto is valid only until the next annual meeting at which time, if required, it must be addressed by the Board.
 
(4)
   Must after taking into consideration the uniqueness of cemetery maintenance and limited funding available, be for a service, which cannot readily and dependably be obtained elsewhere at a lower cost.  The service provider, service and rate of reimbursement are to be recorded in the minutes.  No member of the Bard shall receive any compensation as an employee of the Association, and no member of the Board shall be interested in any contract or transaction with the Association, except in his official representative capacity.
 
f)     The Board shall present to the members of the Association a complete and full report of the business and affairs of the Association at any annual or special meeting when so required or requested.
 
g)
     The Board shall have the power to levy assessments on each member of the Association, sufficient to pay all expenses and collect same, and any member who allows his assessment to remain unpaid for thirty (30 ) days after notice thereof, shall forfeit all rights he may have, or claim to have, in the Association, or its property, as the property will become that of the Association and may be resold.
 
h)
    The Board of Trustees shall have the powers as above set forth and as may be incidental thereto, and shall be subject to the duties and responsibilities above set forth, and as may be reasonably incidental thereto, and shall further have the powers and be obligated to the duties as set forth in chapter 82 of the Nevada Revised Statues.
 
i)
      The Board shall have and appoint a Sexton if they deem it necessary.  The Board shall have the power to pay a reasonable compensation to the Sexton for his services rendered as shall be fixed by the Board of Trustees.
 
SECTION 6.  RULES.  So far as practical, Robert’s Rules of Order shall be followed at the meeting of the Board.
 
SECTION 7. BOARD MEMBER TERMS.  Board members shall be elected for a period of three (3) years.  If at the April annual meeting there are no applicants for an expiring member’s term, the remaining Board members may fill the position in accordance with Section 8. Vacancy.
 
SECTION 8.  VACANCY.  All vacancies including those caused by an increase in the number of trustees or resignation, may be filled by a majority of the remaining trustees, though less than a quorum or by the single remaining trustee.  The appointee will act through the unexpired or new term of the party causing the said vacancy.  An appointment may be made by a telephone poll of the remaining Board members or a result of the regular annual or special meeting.
 
 
 
 

ARTICLE III
OFFICERS

 
SECTION 1.  OFFICERS.  The Board of Trustees shall elect from one of its members a President, Vice-president, Secretary and Treasurer at their regular meeting following the annual meeting, who shall each hold office during the pleasure of the Board.
 
SECTION 2.  PRESIDENT.  The President shall preside at the meeting of the Association and of the Board of Trustees.  The Vice-president shall preside at the meetings during the absence of the President.
 
SECTION 3.  ABSENCE OF OFFICER.  In the event of absence or inability of any officer to act, the Board may delegate the powers or duties of such officer to any other officer.
 
SECTION 4.  SECRETARY.  The Secretary shall keep a well bound book, a record of all the proceedings of the Board, minutes of all the meetings, whether Association or Board meetings, records of all certificates, contracts, and all Board acts which shall be open to inspection of all owners of real property who qualify under Chapter 82 of the Nevada Revised Statues.  The Secretary shall attend to and give all notices of meetings of the Association and Board of Trustees above set forth.  The Secretary shall mail notices of assessments, and any correspondence pertaining to same, and deposit assessment payments to the proper bank account(s).
 
SECTION 5.  TREASURER.  The Treasurer shall have the custody of the books and funds of the Association and shall keep a full, complete and accurate account of the monies received and paid by said Treasurer for and on account of the Association.  All funds collected by the Treasurer shall be deposited in what is known as the GENOA CEMETERY ASSOCIATION FUND consisting of various bank accounts as appropriate.
 
SECTION 6. SEAL.  The Board shall adopt a seal of the Association to be used in all places and in such manner as seals generally are used by similar associations and corporations.  The Secretary shall have custody of the seal and shall be responsible for its safekeeping and use.
 

ARTICLE IV
GENERAL

 
SECTION 1.  LAWS OF NEVADA.  The Laws of Nevada require a proper death certificate, and no burial will be permitted in the GENOA CEMETERY without such a permit from a Health Officer, Coroner, or qualified Physician.
 
SECTION 2.  BURIAL.    The burial of two or more persons in any one grave is forbidden and prohibited.
 
SECTION 3.  DISINTERMENT.  No disinterment will be allowed except by the authority of the assignee of the burial privilege in which the interment is made, except by the orders of the county, when a proper receipt for the remains must be given.
SECTION 4.  AUTOMOBILES-SPEED.  Automobiles shall not be driven in the Cemetery at a speed exceeding fifteen (15) miles per hour, and all automobiles or vehicles must be kept off the plats.
 
SECTION 5.  FIREARMS.  Persons with firearms or dogs will not be admitted inside the Cemetery, except for Military funerals or related exercises.
 
SECTION 6.  SOLICITING. Soliciting for monument, or other kinds of work, will not be allowed on the Cemetery grounds.
 
SECTION 7.  SIGNS.  Signs and advertisements of every description are strictly prohibited and forbidden in any part of the cemetery.
 
SECTION 8.  DISTURBANCES.  Any plat owner, Trustee, Sexton or caretaker are directly to expel from the Cemetery any person or persons disturbing its serenity, by boisterous or other improper conduct, or who shall violate any of the said rules and by-laws as herein set forth.
 
SECTION 9.  WALKS.  It shall be the duty and right of the Trustees from time to time to lay out and alter such avenues and walks, and to make such rules and regulations for the government of the grounds, as they may deem requisite and proper, and calculated to secure and promote the general object and beauty of the Cemetery.
 
SECTION 10.  ASSIGNEE.  The assignee of each lot or grave shall keep each monument on his plat in good repair, and the plat as clean as possible and appropriately maintained.  In case of failure so to do, the Trustees may either repair or remove it at the expense of the assignee.
 
SECTION 11.  REFUSE.  All refuse, such as broken glass, tin cans, wire frames, and related matter, must be disposed of by the plat owner elsewhere than in said Cemetery.  Dried floral pieces must be disposed of only in designated places.
 
SECTION 12.  WORKMEN.  Workmen must not scatter material over adjoining plats, or leave same on the ground longer than is absolutely necessary, but in all cases must proceed and act in accordance with the rules of the Cemetery.  Those who do not regard the properties and regulations of the Association, and the place, cannot be admitted to work in the Cemetery.
 
SECTION 13.  AMENDMENT.  These By-laws, rules and regulations may be amended at any regular or special meeting of the Board of Trustees, or the Association, by the affirmative vote of a quorum as provided for herein.
 
These By-laws providing an amendment to the By-laws heretofore were adopted by the GENOA CEMETERY ASSOCIATION and the Board of Trustees on April 1, 1998 at the annual meeting.
 
 
 
Ronald Lange
Secretary GCA
April 1, 1998