01/08/2025
By-Laws of Leblanc Cemetery Association, Inc.
These bylaws were approved and enacted by voting members at a meeting held on the 29th of September, 2024, the purpose of which is to create a more concise set of operational rules to which all members and directors will abide. As stated in the Restated Articles of Incorporation for the Leblanc Cemetery Association:
The Purpose of the LeBlanc Cemetery Association is to provide for the collection and management of funds for the preservation, care, improvement and maintenance of the LeBlanc Cemetery located in the Southwest Quarter of Section 1, Township 6 South, Range 6 West in Allen Parish, Louisiana having a physical address of 1779 Methodist Camp Road, Leblanc, LA 70651, and any additional real estate purchased or acquired for cemetery purposes.
BY-LAW I- FISCAL YEAR
The fiscal year of this Association shall begin on October 1 and end on September 30.
BY-LAW II – MEMBERSHIP
Section 1. Membership Qualifications. Any person desiring to be a voting member of the Leblanc Cemetery Association must meet at least one of the following qualifications:
a) Must have a direct legal family relationship to a person buried in the cemetery of no more than two degrees (i.e. grandparent, grandchild) OR
b) Must be a resident of the immediate area of Leblanc, Louisiana for at least one year. (“Immediate area” is defined as living within Ward 3 of Allen Parish.)
Section 2. Membership Requirements. A minimum of $50.00 is required. If a donation is made by a married couple, a minimum donation of $75.00 must be made; however, it is the responsibility of the donor to notify the Cemetery Association as to which category the donation is being made.
Section 3. The record date for the purpose of determining members entitled to notice of, and to vote at, a meeting is the close of business on the day before the notice of the meeting is mailed and shall be the record date for such purpose.
Section 4. Membership cannot be inherited for purpose of voting privileges.
Section 5. Repealed by vote of membership at 9/25/22 meeting.
Section 6. The minimum donation required for membership shall be established at the annual meeting prior to the beginning of each fiscal year by the Board of Directors. The membership will be notified at the annual meeting.
Section 7. It is the responsibility of each person making a donation to furnish the association with his/her name, mailing address, telephone, mobile numbers and e-mail address along with any changes thereto.
Section 8. The failure to meet the donation requirement shall constitute a termination of that membership. The Leblanc Cemetery Association will make every effort to notify the member of the amount of the delinquency with such notice being mailed at least 30 days prior to the expiration of the membership. Upon payment, membership may be reinstated.
BY-LAW III – MEETING OF MEMBERS
1. Pursuant to the Articles of Incorporation of the Cemetery:
“There shall be a general meeting held annually on a date set by the membership at which time positions of director shall be elected, general reports shall be given and any and all business pertaining to the said cemetery shall be discussed.”
2. Annual Meeting. The annual membership meeting of the Association shall be held on the last Sunday in September at the time and place as designated by the Board of Directors in the formal notice of the meeting. The date of the annual meeting may take place on another date if said date is voted upon by the membership.
3. Quorum. The voting members present at a duly organized meeting shall constitute a quorum. All matters requiring a vote of the membership shall be passed by a vote of majority of the voting members.
4. Procedure. The annual meeting shall be in accordance with the following procedure:
a. Call to Order;
b. Reading of Minutes of Last Meeting;
c. Presentation of Financial Report;
d. Reports of Directors and/or Committees;
e. Election of Directors;
f. Unfinished and new business.
5. Notice of Meeting. Not less than twenty (20) days’ notice of place, day and hour of the annual meeting shall be given by the Secretary, either by mail or delivered personally to each member entitled to vote at the meeting. Any and all business pertaining to the said cemetery shall be discussed at said meeting and public presentation of any and all plans for revision, improvement or development of such plans and purposes shall be adopted or rejected.
6. Special Meetings. Special meetings of the members may be held whenever call is made by the President. It shall be the duty of the Secretary to give notice of such special meetings to all members entitled to vote at the meeting indicating the purpose or purposes thereof, the notice to be mailed at least ten (20) days prior thereto, and to state the place, day and hour of the special meeting.
7. Voting. All matters presented at the annual or a special membership meeting shall be decided by a majority vote of the voting members preset.
8. Proxy. No voting by proxy is permitted.
9. Chairman. The Board of Directors may appoint a chairman or moderator to preside at any meeting of the members.
BY-LAW IV – BURIAL ELIGIBILITY
Section 1. Any person desiring to be buried in the Leblanc Cemetery must meet at least one of the following qualifications:
c) Must have a direct legal family relationship to a person buried in the cemetery of no more than two degrees (i.e. grandparent, grandchild) OR
d) Must be a resident of the immediate area of Leblanc, Louisiana for at least one year. (“Immediate area” is defined as living within Ward 3 of Allen Parish.)
Section 2. A spouse may qualify for burial but is an exception to the rule and does not qualify his/her family for burial without additional qualifications. (Example: Person A is given a burial permit as his/her parents are buried in the cemetery. His/her spouse, person B, is also given a burial permit as A’s spouse. The siblings and parents of Person B will be denied unless they have additional relationships to the cemetery.)
BY-LAW V - BURIAL PROCEDURE
A, GENERAL
Section 1. When a burial is needed, the Family must contact the board member of the Leblanc Cemetery Association, Inc. whose number is posted on the gate of the cemetery. Any immediate family member may request the burial.
Section 2. A description of plots will be defined on the cemetery plat records and will also be kept in duplicate files. An authorized member of the Board of Directors will have access to the cemetery plat to assist in determining the appropriate burial space.
Section 3. A document entitled “Burial Permit” shall be issued by the authorized member of the Board of Directors upon receipt of full payment. Said document must be signed by the representative of the Board of Directors as well as the next of kin of person to be interred.
Section 4. No burial will take place prior to a Burial Permit being issued. The application and burial permit forms may be procured from the authorized board member.
Section 5. If a burial is requested for a person for whom a Burial Permit has not been issued, a burial fee of $100 will be charged. Said payment must be made prior to a Burial Permit being issued. Payment must be made directly to Leblanc Cemetery Association, Inc. This fee does not include the cost of opening and closing the cemetery space or any services related thereto.
Section 6. Holders of a Burial Permit must instruct those persons opening and closing graves to exercise caution not to damage adjoining or nearby graves or monuments of others. Any damage to cemetery property will be corrected by those individuals at their sole cost.
Section 7. No more than one body shall be buried in one grave space without written permission of the Leblanc Cemetery Association, Inc.
Section 10. Interments are limited to human dead.
Section 11. LeBlanc Cemetery Association, Inc. will not accept for burial, any transfers of human remains from other states or countries.
Section 12. Any burials in Section A of Leblanc Cemetery will require a surface vault. No burial requiring digging deeper than 24” will be allowed in Section A of the cemetery.
Section 13. No burials or ceremonies shall take place, nor any markers or tombstones shall be installed prior to obtaining permission from a representative of the LeBlanc Cemetery Association, Inc.
B. CREMATION
1. No burials of cremated remains will be allowed in Section A of LeBlanc Cemetery.
2. No burial of cremated remains shall take place without first contacting a representative of LeBlanc Cemetery Association, Inc, to obtain a burial permit or verify that a burial permit exists for the burial space.
3. Once a container of cremated remains is within the confines of the cemetery, the container shall not be opened without the consent of the next of kin or of the legal representative of the deceased, or of an order signed by a court of competent jurisdiction.
4. Urn Vaults
a. All cremation urns must be placed in a non-biodegradable outer container made of a high strength polymer material with airtight seal which must be approved by a representative of the LeBlanc Cemetery Association. No inurnment will be made in a plot for which payment has not been received.
b. Urn vaults must not measure more than 15” by 15” x 18” tall.
c. Each urn vault shall be buried at least three feet deep in the specific location approved by a representative of LeBlanc Cemetery Association, Inc.
5. Cremated remains are allowed within a headstone, or monument specially designed for that purpose.
6. If there is disagreement as to the use of the plot between surviving family members who share equal inheritance rights, the disputed grave space will be closed for further cremation placements. The plot(s) can be used when all family members submit a signed and notarized memo of agreement identifying how the space will be used.
7. The LeBlanc Cemetery Association shall not be responsible for activities authorized by persons falsely representing themselves as next of kin.
8. A maximum of two cremation vaults will be permitted in each adult grave space.
9. The Cemetery will not be responsible for damage to any cremation urn or cremation outer container which occurs during the removal of same. Due to the length of time a cremation urn has been buried and/or the conditions to which it has been exposed, the Cemetery cannot guarantee that it can retrieve a cremation urn or cremation container buried in a grave site. The condition of any cremation urn or cremation container disinterred may be unstable, in which case, a replacement urn may be required at the expense of the party authorizing the removal.
10. Burial of cremated remains is not permitted in a plot in which a body has already been buried in a full-size casket, although an urn may be placed inside a coffin prior to burial.
BY-LAW VI - RESERVATION OF PLOTS
The Cemetery Association recognizes that people may choose to select and reserve a plot in the cemetery to avoid an additional burden being placed on surviving family members and/or to be close to deceased family members. In order to continue this convenience, each applicant must comply with the following rules and regulations.
Section 1. Members wishing to reserve a plot must contact Melinda Ardoin (337- 738-8371) to make an appointment to view the cemetery plat map and select a plot. In the event she is unavailable, the contact information for each board member is listed at the end of this document.
Section 2. The authorized Director will show available plot locations and prepare a cemetery reservation agreement entitled “Burial Permit”. The reservation is not complete or final until the Grantee pays the fee and signs the agreement. The plot will be marked “reserved” on the plat map and in the cemetery once payment is made and the agreement is signed.
Section 3. The reservation fee is $100 per space. THIS IS A SEPARATE FEE AND IS NOT TO BE CONFUSED WITH THE MINIMUM DONATION REQUIREMENT OF VOTING MEMEBERSHIP.
Section 3a. In the event a permanent marker, such as a headstone, vault and/or slab was present prior to the enactment of the bylaws in December of 2019, a reservation fee is required.
Section 3b. In the event a person seeks to reserve a burial plot(s), he/she may, with board approval, may make payments toward the total amount owed for each plot; however, the total amount owed must be made within 1 year or the plot(s) will be forfeited. A burial permit will not be issued until payment is made in full. Payment arrangements cannot be made for more than 2 plots at a time by any one person or married couple.
Section 4. Any plot that was reserved prior to December 1, 2019, may be kept by paying the $100 fee for each plot.
Section 5. Any plot being reserved subsequent to December1, 2019 must be made in person by the person to be interred or his/or her spouse. No exceptions will be made.
Section 6. The reservation fee is non-refundable.
Section 7. For each year following the year of reservation, a maintenance fee of $25.00 per year will be charged. After three years of nonpayment, the reservation will be cancelled, and the plot will revert to the cemetery. The cemetery association will make every attempt to notify the Grantee of the unpaid fees.
Section 8. An “Application for Burial or Reservation of Plot” must be submitted with the full payment of the reservation fee.
Section 9. The right to bury can only be granted directly from the Leblanc Cemetery Association, Inc. If an owner of a burial plot no longer has a need or desire for burial in Leblanc Cemetery, they may request to transfer their Right to Burial back to the Cemetery Association.
Section 10. Reserved plots may NOT be transferred to family members. Anyone wishing to reserve a plot must file an Application for Reservation/Burial at which time Burial Eligibility will be determined.
Section 11. Once the Cemetery space is chosen and payment is made, a “Burial Permit” will be issued by the Secretary of the Leblanc Cemetery Association, Inc. and either hand-delivered or mailed to the address provided. It is the responsibility of each person to which a Burial Permit is granted to keep the LeBlanc Cemetery Association informed of his/her current address and contact information.
Section 12. The interment space is to be used for interment purposes only and the burial rights are limited by and subject to the rules and regulations of the LeBlanc Cemetery Association, Inc. as now existing or as amended in the future.
Section 13. The Burial Permit is only a right to be interred in the cemetery space designated and in no way is any real estate title conveyed to the Purchaser.
Section 14. The holders of Burial Permits in all cemetery spaces and their families shall be solely responsible for the maintenance and upkeep of their grave space and shall hold LeBlanc Cemetery Association, Inc. harmless from any responsibility whatsoever for:
a. The maintenance of any monument or the improvement placed on his/her grave space;
b. Any injury to any person or damage to any property arising from the condition, upkeep or maintenance of the grave space, or any monument or other improvement thereon;
c. Any damage to the grave space or to any monument, or other improvement thereon caused by Acts of God or vandalism.
BY-LAW VII- STANDARDS OF CONDUCT
Section 1. All members and persons in attendance of any meeting of members are required to follow the most recent version of Robert’s Rules of Order including but not limited to following the agenda of the meeting and asking questions only when given permission to do so.
Section 2. No member or any person in attendance of a meeting of the membership shall threaten, harass or otherwise engage in a course of conduct against any a member of the Board of Directors or his/or her immediate family, which may cause harm or serious emotional distress, or the reasonable apprehension thereof, to that person or creates a hostile environment for that person.
Section 3. No recording equipment of any kind, (video, telephone or otherwise) will be allowed in any meeting of members or directors without written consent of the Board of Directors.
Section 4. No person shall disturb the dignity, peace and quiet of the cemetery using excessive noise or boisterous and unruly conduct within the limits of the cemetery.
Section 5. Any member of the Association who violates the standards of conduct established in these Bylaws may be expelled by majority vote of the Board of Directors. Any expelled member may request a review by the members at the next annual meeting and such a request shall be submitted to the members.
BY-LAW VIII – CEMETERY REGULATIONS
Section 1. No one is allowed in the cemetery before sunrise or after sunset without the written permission of the Board of Directors of the Cemetery.
Section 2. Each cemetery space in Leblanc Cemetery is 5’ by 10’. No single headstone or slab may be in excess of 4’3” wide. No double headstone or slab may be in excess of 8’6” wide.
Section 2a The size of a cemetery space not in conformity with the measurements set out above may be allowed but only after consideration by the Board of Directors and on a case-by-case basis. Every effort will be made to comply with the plot measurements set out in subsection 2 of bylaw VIII.
Section 3. Leblanc Cemetery Association, Inc. reserves the right to remove any monument or other improvement in the Cemetery that does not meet the requirements set out herein and/or any applicable governmental regulation.
Section 4. No person may drive any motor vehicle at a speed in excess of five miles per hour within the cemetery or cemetery property and such vehicles must confine their travel to established roadways.
Section 5. No decorative rocks, pebbles, wooden crosses or other objects are allowed to be placed around the perimeter of slabs or in the cemetery space.
Section 6. Flowers or other decorations on graves must be removed from the Cemetery grounds at the end of their useful season. Any articles or containers not removed will be removed by the Leblanc Cemetery Association, Inc. without notice to owner which will assume no responsibility for any removed article.
Section 7. Flowers must be in a flower urn, planter, pot or otherwise removable container. No glass or other breakable containers are allowed in the cemetery.
Section 8. No shrubbery or trees may be planted in the Cemetery. The Association further reserves the right to remove trees, shrubs or any other object that it considers injurious to the functioning or appearance of the Cemetery.
Section 9. No enclosures of any kind shall be placed or built around any plot. No benches or any other object may be placed in the cemetery.
Section 10. No disinterment is allowed without approval of the Board of Directors.
Section 11. No person may discharge any firearm or have possession of any firearm within the cemetery grounds or property at any time except for use during military services, Memorial Day observations or use by law enforcement personnel.
Section 12. No person shall disturb the dignity, peace and quiet of the cemetery by the use of excessive noise or boisterous and unruly conduct within the limits of the cemetery.
Section13. A lined trash container is present at the cemetery for your convenience. Please do not leave beer cans, ci******es or any other type of litter in the cemetery.
BY-LAW IX– GOVERNANCE BY LOUISIANA LAW
Section 1. Except as specifically stated herein, LeBlanc Cemetery Association, Inc., shall be governed by the Louisiana Laws pertaining to Nonprofit Corporations as set out in LSA-R.S. 12 Chapter 2 as well as any other laws applicable to nonprofit corporations and/or cemetery associations.
Section 2. As set out in LSA-R.S. 12:237, the Articles of Incorporation can be amended only by a resolution of the Board of Directors. Said resolution must be ratified by a majority of the voting members of the Corporation as defined herein. Notice of such meeting to be given in compliance with the laws of the State of Louisiana.
BY-LAW X – BOARD OF DIRECTORS
Section 1. GENERAL POWERS
In accordance with the Articles of Incorporation of the Cemetery Association, The Board of Directors shall have the power of discretion of the entire association so far as such is not inconsistent with the wishes of the membership. The Board of Directors consists of five persons chosen by a majority vote of the members present for the annual meeting. Each Director is elected for a three-year term.
Section 2. QUALIFICATION TO SERVE
A. To qualify to serve as a director, a person must meet the following qualifications:
1) Be a natural person;
2) Be a voting member in good standing;
3) Not be a person convicted of any offense involving the theft or misappropriation of funds or property of another.
B. Once elected, a director must continue to meet the qualifications of a director contained in these by-laws, otherwise, he or she shall be removed from office.
Section 3. NOMINATION AND ELECTION
A. Nominations of candidates for director(s) shall be made in person at the annual membership meeting by a voting member in good standing.
B. At the close of nominations, each nominee shall state whether he or she accepts the nomination and shall state his or her qualifications to serve.
C. The secretary of the corporation may require a nominee to provide proof of his/her qualifications in the form of written or oral evidence or attestations.
D. After the certification of qualifications of nominees has been completed, an election between all qualified nominees for each district shall proceed at the annual membership meeting.
Section 4. Each term of office shall run from Annual General Membership Meeting to Annual General Meeting regardless of date meeting is held.
Section 5. In the event a vacancy occurs on the Board of Directors between, the Board shall elect a member in good standing to fill that vacancy and complete the remainder of the term, if any. Any Director may resign his/her office at any time, upon written notice to the President or Secretary.
BY-LAW XI- MEETINGS OF BOARD OF DIRECTORS
Section 1. The Board of Directors shall meet no less than quarterly which includes the annual meeting.
Section 2. Any meetings of the Board of Directors may be called by the President or any three Directors provided all members are given notice of at least 7 days prior to the meeting. Notice may be given in writing or by other means as long as receipt of notice is affirmed.
Section 3. All meetings of the Board of Directors must have a quorum consisting of a majority of the Board members present before a vote can be taken on any issue.
Section 3. Minutes shall be taken at director meetings.
BY-LAW XII – COMMITTEES
The President or a majority of the Board of Directors may convene committees to perform any voluntary services deemed necessary for the carrying out of the purposes and intents of this association. Each Committee shall keep a record of its acts and proceedings and report to the Board of Directors for approval of any plans at its next regular or special meeting, provided that minutes of the Committee be distributed to the Board within 7 days prior to said board meeting. Such report shall be part of the official record of the Boards of Directors.
PAYMENT INFORMATION
Checks are to be made out to LeBlanc Cemetery Association, Inc. and sent to the treasurer of the Association at 13626 Hwy 190, Kinder, LA 70648.
The LeBlanc Cemetery Association, Inc., reserves the right to adopt additional rules and regulations, or to amend, alter, or to repeal any rule, regulation, paragraph, or sentence in these Bylaws at any time. The Cemetery Association will take appropriate measures to notify those affected by any changes in policies. However, it is the responsibility of those who are members or those who have plots in the cemetery to stay in touch with the Association by attending membership meetings or other methods of communication so they may be appropriately informed.
These bylaws were approved and enacted by the voting members at a meeting held on the 29th day of September 2024.
