CHAPTER 3. CITY AND COUNTY WAR MEMORIALS
IC 10-18-3
Chapter 3. City and County War Memorials
IC 10-18-3-1
Authority to erect memorials; establishing memorial
Sec. 1. (a) Counties and cities may provide and maintain asuitable memorial to commemorate the:
(1) courage, valor, and sacrifice of the members of the armedforces who served the United States in World War I or WorldWar II; and
(2) faithful, loyal, and self-sacrificing service rendered byothers to our country in those wars.
(b) A proceeding for the establishment and maintenance ofmemorials initiated under the provisions of another law may becontinued and completed under this chapter without compliance withsections 2 through 5 of this chapter if the board of commissioners ofthe county or common council of the city has:
(1) determined to proceed with the memorial; and
(2) published notice of the determination.
(c) Before proceeding under this chapter, the board ofcommissioners or common council shall:
(1) by resolution, declare its intention to establish and maintaina memorial; and
(2) appoint a board of trustees in accordance with section 6 ofthis chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-2
Memorial committee; report
Sec. 2. (a) The board of commissioners of a county or thecommon council of a city shall, on petition of at least one hundred(100) adult citizens of the county or city, appoint a committee to beknown as the memorial committee. The appointments may not bemade until after notice of the filing of the petition has been publishedfor at least two (2) weeks. Publication must occur once each week ina newspaper of general circulation in the county or city.
(b) The committee must have at least five (5) but not more thanfifteen (15) members. Each committee member must be a citizen ofthe county or city in which the memorial is proposed. The membersmust be appointed based solely upon their fitness, and the committeemust include representatives of educational, benevolent, labor, andother interests.
(c) The members of the committee serve without compensation.However, the board of commissioners or common council maycompensate members for necessary expenses in the performance oftheir duty, including compensation of expert advisers. The board ofcommissioners or common council may make an appropriation inadvance to compensate members for necessary expenses.
(d) The committee shall make a careful study of the subject of asuitable memorial in the county or city and report its conclusions to
the board of commissioners or common council. The report mustinclude:
(1) the kind of memorial regarded by the committee asappropriate;
(2) the estimated cost of erection and maintenance;
(3) the method of control; and
(4) any other matter the committee considers proper.
The committee shall make the report within six (6) months afterappointment, unless a longer time is given by the board ofcommissioners or common council. A committee that fails to reportwithin the time allowed is immediately regarded as dissolved, andthe board of commissioners or common council shall appoint a newcommittee. A new committee appointed under this subsection isgoverned by the same rule regarding the filing of a report anddissolution.
(e) A vacancy in the committee shall be filled by the board ofcommissioners or common council.
(f) A county or city in which a memorial committee has beenappointed may not erect or provide for the erection of a memorialuntil the committee has made its report.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-3
Petition to establish memorial; notice of petition
Sec. 3. (a) Public notice must be provided in the manner set forthunder subsection (b) if a petition signed by:
(1) at least five hundred (500) citizens and taxpayers of acounty; or
(2) at least two hundred (200) citizens and taxpayers of a city;
requests the establishment and maintenance within the county or cityof a memorial for the soldiers and sailors of World War I. Thepetition must be addressed to the board of commissioners of thecounty or the common council of the city and filed in the office ofthe auditor of the county or clerk of the city.
(b) The auditor or clerk shall:
(1) publish a notice that includes a copy of the petition or asummary of the petition in a newspaper of general circulationprinted and published in the county or city;
(2) post a notice that includes a copy of the petition or asummary of the petition in at least ten (10) public places in thecounty; and
(3) post a notice that includes a copy of the petition or asummary of the petition at the door of the county courthouse.
Notice under this subsection must also include the day the petitionwill be presented to the board. The day of the hearing must be fixedby the auditor or clerk at least thirty (30) days but not more thanforty (40) days after the day of the filing of the petition. Notice of thepetition signed by the auditor or clerk must be published for three (3)consecutive weeks and posted for at least twenty (20) days before theday designated by the auditor or clerk for the hearing.As added by P.L.2-2003, SEC.9.
IC 10-18-3-4
Petition requirements
Sec. 4. A petition filed under section 3 of this chapter must setforth the character and kind of a memorial proposed to be establishedor constructed and the probable cost of the memorial to the countyor city.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-5
Petition hearing; remonstrance; appeal
Sec. 5. (a) On the day designated by the auditor or clerk for ahearing under section 3 of this chapter, the petitioners may makeproof of the publication and posting of the notice of the hearing andpresent the petition to the board of commissioners or commoncouncil. However, if on or before the day of the hearing a writtenremonstrance is filed with the board of commissioners or commoncouncil, the board of commissioners or common council shall fix anew hearing date at least thirty (30) days but less than forty (40) daysafter the original hearing date. A written remonstrance must:
(1) be signed by citizens and taxpayers of the county or city;
(2) be equal in number to the signers of the petition; and
(3) ask that the memorial not be established or protest againstthe kind of memorial proposed and provide reasons for theprotest. Before the new hearing date, additional names ofcitizens and taxpayers may be added to or withdrawn from thepetition and remonstrance. A person who signs the petition maynot be counted on a remonstrance against it. On or after the firstday designated, a taxpayer may be added to a petition andremonstrance for hearing.
(b) If a remonstrance is not filed, the board of commissioners orcommon council may grant the petition and order the establishmentof a memorial, subject to the conditions of this chapter. If a properremonstrance is filed on the first day designated for the hearing, theboard of commissioners or common council may grant the petitionon or after the second day of the hearing as fixed by the board ofcommissioners, unless there is a greater number of qualifiedremonstrators against the memorial than petitioners for the memorialat that time. If this occurs, the petition shall be dismissed at the costof the petitioners.
(c) A taxpayer of the county aggrieved by the action of the boardmay appeal its decision to the circuit court of the county within ten(10) days in the same manner as other appeals are taken from theaction of the board. The cause must be tried de novo.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-6
Board of trustees; officers; bond
Sec. 6. (a) Upon ordering the establishment of a memorial, a
board of trustees must be appointed under this section for theestablishment, maintenance, management, and control of thememorial.
(b) The board of commissioners of a county or common councilof a city shall name five (5) trustees, not more than three (3) ofwhom may be members of the same political party. The appointeesconstitute a board for the establishment, maintenance, management,and control of the memorial. The trustees shall serve as follows:
(1) One (1) of the trustees named by the board ofcommissioners or common council serves until the first Mondayof the following January.
(2) One (1) trustee serves until the first Monday of the secondJanuary following the trustee's appointment.
(3) One (1) trustee serves until the first Monday of the thirdJanuary following the trustee's appointment.
(4) Two (2) trustees serve until the first Monday of the fourthJanuary following the appointment of the trustees.
On the expiration of the term of a trustee, a successor shall beappointed under this section to serve a term of four (4) years. Eachsubsequent trustee serves a term of four (4) years.
(c) The board of trustees shall elect a president, vice president,secretary, and treasurer. Elections must occur annually on the secondMonday in January of each year or as soon after that day as possible.A trustee serves without compensation, except that a trustee isallowed all necessary expenses incurred in the performance of thetrustee's duties.
(d) Bond for the faithful and honest performance of a trustee'sduties is required. The form and amount of the bond is fixed by theboard of commissioners or common council. If a surety bond isfurnished by a trustee, the expense of the bond shall be borne by thecounty or city.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-7
Trustees' initial meeting; site selection; plans and specifications
Sec. 7. (a) As soon as selected, a trustee shall be notified of theappointment by the auditor or city clerk. The auditor or clerk shallfix a date for the trustees to meet for the purpose of electing officersand adopting suitable rules for the government of the board.
(b) The board of trustees shall select a proper site for thememorial. A county memorial must be located at or near the countyseat of the county and must have plans and specifications drawn forthe establishment of the memorial. The plans and specifications mustprovide for a memorial of the kind and character ordered establishedand constructed by the board of commissioners or common council.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-8
Bonds to establish memorial
Sec. 8. (a) The cost of establishing and constructing a memorial
and the expense of maintaining the memorial shall be derived fromrevenue generated by the memorial. If this revenue is not sufficient,the costs shall be borne by the county or city as provided insubsections (b) and (c).
(b) For the purpose of raising money to pay for the establishmentof a memorial, the bonds of the county or city may be issued, not toexceed the amount of:
(1) the contract price;
(2) expenses incurred and damages allowed prior to theawarding of the contract;
(3) a sum sufficient to pay the per diem of the engineer,architect, and superintendent during the construction of thememorial; and
(4) other estimated costs necessary for the memorial.
The bonds must be in denominations of at least fifty dollars ($50)each, payable not more than twenty (20) years after the date of issue.
(c) The bonds shall be sold at not less than face value. Theproceeds shall be kept as a separate and specific fund to be used bythe county or city to pay for construction of the memorial and allproper expenses incident to construction. A payment may not bemade for more than eighty percent (80%) of the engineer's estimateof work done by the contractor. The whole amount of the contractmay not be paid until the memorial is fully approved by the board ofcommissioners or common council and the board of trustees anddetermined to be completed and satisfactory.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-9
Special tax
Sec. 9. For the purpose of raising money to:
(1) meet the bonds and interest on the bonds; or
(2) establish or erect a memorial without the issuance of bonds;
the county or city authorities shall annually, at the time the generaltax levy is made, levy a special tax on the taxable property of thecounty or city, subject to this chapter. Funds may be raised in yearlyamounts until a sufficient amount has accrued to enable the board orcommon council to proceed with the erection or establishment of thememorial.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-10
Limitations on indebtedness; tax exemption
Sec. 10. (a) A county or city may not issue bonds or any otherevidence of indebtedness payable by taxation for the construction ofa memorial if the total issue of the bonds exceeds two percent (2%)of the adjusted value of the taxable property of the county or city inwhich the memorial is located as determined under IC 36-1-15.
(b) Bonds or obligations issued in violation of this section arevoid.
(c) Bonds issued under section 8 of this chapter are exempt from
taxation.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-11
Fund for management, maintenance, repair, improvement, orextension of memorial
Sec. 11. (a) A surplus remaining from the sale of bonds for theestablishment of a memorial must remain as a separate fund for themaintenance, repair, improvement, or extension of the memorial.
(b) Each year the board of county commissioners and the countycouncil or the common council shall provide a fund necessary for themanagement, maintenance, repair, improvement, and extension of thememorial. Money for the fund shall be raised by taxation in themanner provided by law for other county or city expenses.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-12
Tax exemption; establishing memorial and board of trustees
Sec. 12. (a) If a city desires to erect or establish a memorial andthe common council of the city:
(1) adopts a resolution declaring the desire;
(2) pledges the city to proceed promptly to erect the memorialin or near the city; and
(3) files a certified copy of the resolution with the board ofcounty commissioners before the board has made an ordergranting a petition for a county memorial;
the taxable property of the city is exempt from the taxationauthorized in this chapter for the erection, establishment,management, maintenance, repair, improvement, and extension of acounty memorial. However, if the city, within one (1) year from thedate of the order, has not in good faith begun the erection orestablishment of a memorial that costs as much or more than theamount that would be derived from taxation of the taxable propertyof the city for the erection or establishment of the county memorial,then the exemption fails, and the property of the city shall be taxedfor the county memorial in the same manner as other property of thecounty is taxed.
(b) If a person, an association, or a corporation establishes orerects in a city a suitable memorial for the permanent use of allpeople of the city as provided in section 15 of this chapter, and thecost of the memorial is equal to or more than the amount that wouldbe derived from taxation of the property of the city for the erectionor establishment of a county memorial, then the taxable property ofthe city is exempt from the taxation authorized in this chapter for theerection, establishment, management, maintenance, repair,improvement, and extension of a county memorial. However, theexemption fails unless the donor files with the board of countycommissioners of the county in which a city is located a certificatesigned by the donor declaring the intention to immediately begin theestablishment or erection of the memorial. The signed certificate
must be filed with the board of county commissioners before theboard has issued an order granting a petition for a county memorial.
(c) A corporation, instead of filing the certificate described insubsection (b), shall file with the board a certified copy of aresolution of its board of directors declaring the intention toimmediately begin the establishment or erection of the memorial.The resolution must declare that the title to the memorial and theland upon which it is located are held by a board of trusteescomposed of five (5) members. The board of trustees and itssuccessors are appointed by each donor. If there is a failure to makean appointment, the city council of the city shall have appointivepower.
(d) The donors shall create an efficient organization among thepeople of the city to manage, maintain, repair, and improve thememorial under the powers and restrictions described in section 15of this chapter. The organization consists of six (6) citizens of thecity. Members of the organization:
(1) serve in a manner and for a term as lawfully provided by thedonors;
(2) act in conjunction with the board of trustees as a board ofmanagers; and
(3) have full charge and supervision of the establishment anderection of the memorial and its management, maintenance,repair, and improvement.
If the cost of management, maintenance, repair, and improvementexceeds the income derived from the memorial, the costs must beprovided by voluntary contributions, donations, or endowments. Theboard of managers shall organize and adopt rules and bylaws for theconduct of its business as are usually adopted by similar bodies.
(e) If the memorial building and ground cease to be used for thispurpose, the trustees shall reconvey the title to the donors, their heirs,successors, or assigns.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-13
Powers and duties of board of trustees; superintendent, engineer,or architect
Sec. 13. The board of trustees have:
(1) full charge and supervision of the construction of thememorial adopted; and
(2) authority to employ a superintendent, an engineer, or anarchitect.
Each person employed must be qualified and experienced and shallgive bond for the faithful performance of the person's duties. Theform and amount of the bond shall be fixed by the board of countycommissioners or common council.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-14
Governing law Sec. 14. If the erection or establishment of a memorial is governedby another statute, the procedure for erection, establishment,maintenance, control, and management prescribed by the otherstatute shall be followed instead of the procedure prescribed by thischapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-15
Hall, coliseum, or building use; no preferences or admission fee
Sec. 15. (a) If the memorial established is a hall, coliseum, orbuilding of a similar nature, the hall, coliseum, or building must beused for public purposes of all kinds, but especially for the purposeof perpetuating and keeping those principles alive for which WorldWar I was fought.
(b) Space must be provided for memorial tablets, works of art,relics, souvenirs, war records, and things that are:
(1) connected with or growing out of the war; and
(2) appropriate in the building in the opinion of the board oftrustees.
Institutes, exhibits, shows, and entertainment of all kinds may beheld in the building in the discretion of the board of trustees.
(c) The trustees may let the building for hire and fix a charge forletting the building for hire.
(d) A preference may not be shown to a church, political party, orclass of society. However, this provision may not be construed torequire or permit the use of the building by an organization or personto promulgate doctrines inimical to the government of the UnitedStates or Indiana.
(e) The memorial may not be:
(1) located, in whole or in part:
(A) upon land; or
(B) within land;
(2) connected to land; or
(3) used in connection with a land enclosure or other structure:
for which an admission fee is charged or that is used or controlled bya person or an organization other than the trustees in charge of thememorial.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-16
Trustees' reports and budgets; claims; revenues
Sec. 16. (a) The trustees shall make an annual report under oathto the board of county commissioners or common council. Theannual report must include the activities of the trustees and of thereceipts and expenditures of the memorial. The trustees shall preparean annual budget and estimate for the board of commissioners andcounty council or common council so that adequate appropriation offunds may be made for the proper maintenance, repair, improvement,and extension of the memorial. A report must be made at other timesif required by the board of commissioners or common council. (b) All claims for expenditures incident to the maintenance of thememorial must be in the form used for the payment of other claimsby the county or city. The claims must be:
(1) approved by the president of the board of trustees of thememorial; and
(2) allowed by the board of commissioners or common councilin the same manner as other claims.
(c) All revenue from a memorial shall be accounted for by theboard of trustees and delivered to the county treasurer or city fiscalofficer on the first Monday of January and July of each year.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-17
Gifts and bequests
Sec. 17. This chapter does not prevent a gift or bequest by deed,will, or otherwise of property to a county or city for a memorial ofthe kind described in this chapter. A county and city may accept abequest and gift. Property given to the county or city in this mannermay be used exclusively or in conjunction with other donatedproperty or county or city funds for a memorial. If a gift or bequestis made to a county or city, proper recognition of the gift or bequestshall be shown in connection with the memorial.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-18
Memorial art commission
Sec. 18. (a) The governor may appoint a commission known asthe memorial art commission.
(b) The commission must consist of not more than seven (7)qualified persons who serve without pay. However, members are tobe paid necessary expenses as certified by the governor to the auditorof state.
(c) The commission shall consider the artistic qualities of a planfor a proposed memorial.
(d) A memorial consisting of a building, monument, statue, tablet,picture, arch, or work of art of any kind may not be erected withoutfirst:
(1) submitting the plans to the memorial art commission; and
(2) securing criticism and advice from the commission withrespect to the memorial.
If a state art commission is established by law, it is ex officio thememorial art commission.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-19
Bids and contracts; eminent domain
Sec. 19. A bid must be received and a contract awarded for thememorial in the same manner as provided by law for a county or citybuilding. Land for a memorial may be acquired under the power ofeminent domain in the same manner as other land is acquired by a
county or city for a public building.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-20
Limitation on number of memorials
Sec. 20. This chapter does not authorize the establishment of morethan one (1) memorial at the expense of the county.
As added by P.L.2-2003, SEC.9.
IC 10-18-3-21
Trustee removal; board termination; final report
Sec. 21. (a) A trustee of a memorial may be removed and theposition declared vacant by the board, common council, or judgeappointing the trustee upon a showing that the trustee is incompetent,dishonest, or not performing the duties required by:
(1) law; or
(2) the governing rules of the board of trustees.
(b) At any time after a memorial building has been:
(1) erected and used for public purposes described in section 15of this chapter; and
(2) fully paid for and all bonds or other indebtedness issued forthe construction of the memorial has been retired;
the board of county commissioners or common council may by atwo-thirds (2/3) vote of the board of commissioners or commoncouncil abolish and terminate the existence of the memorial board oftrustees. The board of county commissioners or common councilmust have a signed petition requesting abolition and termination byall members of the board of trustees and the consent of the circuitcourt judge of the judicial circuit in which the county or city issituated. The judge's consent must be included on the signed petition.The board of county commissioners or common council shall fix atime not less than thirty (30) days or more than ninety (90) days fromthe date of the vote when the termination becomes effective.
(c) If the board of trustees has been abolished and terminated, thecounty auditor or city clerk shall notify the secretary of the board oftrustees in writing of the time for the termination of the board oftrustees.
(d) The board of trustees shall make a full and final report of itsactivities in the same manner as other reports required by thischapter. The report must be completed on or before the day fixed inthe notice for termination.
(e) On and after the date fixed for the abolition and termination ofthe board of trustees, the custody, control, and management of thememorial shall be exercised by the officers, board, common council,or committee of the county or city that manages and controls othercounty or city buildings. The officers, board, common council, orcommittee of the county or city that manages and controls othercounty or city buildings shall perpetuate the memorial features of thebuilding.
As added by P.L.2-2003, SEC.9.