Provisional Rules and Regulations

Suggestions on legal matters

First Presbyterian Church            

COLUMBARIUM

RULES AND REGULATIONS

Section 1. Definitions

1.1 The term “columbarium” shall mean the Columbarium and Memorial Garden located at the First Presbyterian Church in Las Cruces, NM.

1.2 The term “Columbarium Agreement” shall mean the contract between First Presbyterian Church and any person who wants to use the columbarium for inurnment.

1.3 The term “Grantee” shall mean the person who executes the Columbarium Agreement and any permitted assignee if the assignee has given written notice of the transfer to First Presbyterian Church.

1.4 The term “immediate family” shall mean the spouse, parents, children, spouses of children, grandchildren and spouses of grandchildren of any Grantee whether or not any such person is a member of First Presbyterian Church.

1.5 The term “Session” shall mean the Session of the First Presbyterian Church, Las Cruces, New Mexico and “action by the Session” may be taken by the Session or by a committee duly appointed by the Session and authorized to take such action. (sec. 5.1)

1.6 The term “niche” shall mean a designated space in the columbarium.

1.7 The term “First Presbyterian” shall mean the First Presbyterian Church located in Las Cruces, New Mexico.

 Section 2. Use of the Columbarium

2.1 Only members of First Presbyterian, their immediate families, ministers who are serving or have served First Presbyterian and their immediate families, and such others as may be approved by the Session, may be inurned in the columbarium.

2.2 If a Grantee transfers his or her membership from First Presbyterian, the Grantee shall continue to have the right to use the Columbarium for inurnment until he or she shall by written notice terminate the Columbarium Agreement or until the end of the tenth year following the date of such transfer of membership, at which time the right to inurnment in the Columbarium shall terminate automatically.

Upon such termination, whether by transfer or the expiration of the ten-year period, upon written request, the columbarium fee shall be refunded to the Grantee. If notwithstanding a transfer of membership, a Grantee desires to be inurned in the columbarium, that right can be perpetuated by written notice given by the Grantee to First Presbyterian prior to the end of every ten-year period. First Presbyterian will attempt to contact the Grantee before terminating his or her agreement.

2.3 The Columbarium Agreement is not the sale of any property but is only evidence of the Grantee’s right to the use of a designated niche (or niches) in the columbarium for inurnment.

 Section 3. Columbarium Agreement

3.1 The Columbarium Agreement sets forth the Agreement between First Presbyterian and any Grantee with respect to the use of a niche in the columbarium.

3.2 Any person who desires to use a niche in the columbarium for inurnment shall pay the columbarium fee in full and sign the Columbarium Agreement. When the committee accepts the Columbarium Agreement, a niche (or niches) shall be assigned to the Grantee, the Columbarium Agreement shall be signed by a duly authorized agent of the Session and a copy shall be delivered to the Grantee.

3.3 A Grantee may transfer the rights evidenced by the Columbarium Agreement to members of his or her immediate family but to no other person. In the event of any unauthorized transfer, the rights evidenced by the Columbarium Agreement shall become null and void and the niche shall revert to First Presbyterian. The columbarium fee shall be forfeited as liquidated damages.

3.4 Prior to use, a Grantee may at any time notify First Presbyterian that he or she no longer wants to be inurned in the columbarium and that he or she wants to terminate the Columbarium Agreement. If such termination is approved by the Session, upon written request, the columbarium fee shall be refunded to such Grantee.

Section 4. Funds

4.1 All funds received from the sale of rights to inurnment shall be kept in the separate account established for that purpose. Any withdrawals from such account for maintenance and repair, contributions to the church, or for any other reason shall be made only upon approval of the committee.

4.2 All records and books of account for the columbarium shall be subject to audit as are other accounts and funds of the church.

 Section 5. Administration

5.1 The columbarium shall be operated by a committee of the buildings and grounds team, as empowered by the session for the purpose of administering, managing and being generally in charge of the operation of the columbarium.

5.2 Numbered niches shall be assigned to a Grantee on a first come first served basis and, once assigned, as evidenced by the Columbarium Agreement, will not be changed so long as the Columbarium Agreement has not been terminated.

 Section 6. Inurnment

6.1 At the time of death, the legal or personal representative of the person to be inurned shall notify First Presbyterian. First Presbyterian shall arrange for the assigned niche to be made available as soon as practical.

6.2 The cost of cremation, urn, and any attendant cost and expense shall be the responsibility of and shall be paid by the legal or personal representative of the person to be inurned in the columbarium.

6.3 Upon the request of a member of the deceased person’s immediate family or a person showing evidence of proper authority, a niche may be opened and the contents removed. Any opening of a niche may be done at a time convenient to First Presbyterian and any expenses relating thereto shall be borne by those requesting such action. Upon complete removal, the family terminates (without refund) their right to use the niche. First Presbyterian may rely on any documents showing evidence of authority and shall not be required to make further inquiry with respect thereto. Any person requesting such opening and removal shall release First Presbyterian from any liability in connection with such action and as a condition precedent to such action, shall agree to indemnify and hold First Presbyterian harmless from any costs (including legal fees and court costs) incurred in connection with such opening and removal.

Section 7. Miscellaneous

7.1 All parties to the Columbarium Agreement shall be subject to these rules and regulations and any amendments thereto.

7.2 Amendments to these Rules and Regulations may be made only upon recommendation by the committee and approval by the Session.

7.3 Any and all matters arising in connection with the operation and maintenance of the Columbarium not covered in the Rules and Regulations or the Columbarium Agreement shall be determined by the committee with notice to the Grantees, where necessary or practical.

7.4 Any notices given hereunder shall be to the most recent address supplied to First Presbyterian by a Grantee.

7.5 No pictures, posters nor other mementoes are to be placed at the columbarium. Flowers may be placed only at the sides of the columbarium and must not obscure any of the names inscribed on the faces of the niches.

7.6 Only the cremains of at most two people can be placed in a single niche.