CHAPTER 4. CITY WAR MEMORIALS
IC 10-18-4
Chapter 4. City War Memorials
IC 10-18-4-1
"Board of public works"
Sec. 1. As used in this chapter, "board of public works" refers tothe following:
(1) The board of public works and safety established in a cityunder IC 36.
(2) The board of public works in a city that has established aseparate board of public works and a separate board of publicsafety under IC 36.
The term includes the department of public works in a city in whicha department of public works has been established under IC 36.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-2
Authority to erect memorials; city authority to erect memorialsjointly
Sec. 2. (a) A city, acting through its board of public works, withthe approval of its mayor, when money has been appropriated for thatpurpose by an ordinance adopted and approved as provided insection 22 of this chapter, may do the following:
(1) Acquire, by purchase, donation, or condemnation, suitableinterests in real property located in the city.
(2) Do the following on the real property described insubdivision (1):
(A) Erect and maintain upon the real property suitablestructures to commemorate the bravery, courage, valor, andsacrifice of the soldiers, sailors, and marines of the UnitedStates and of all others who rendered faithful, loyal, heroic,and self-sacrificing service at home and overseas in WorldWar I.
(B) Provide a place or places of meeting and headquartersfor the following:
(i) Organizations of soldiers, sailors, and marines orpatriotic societies or associations.
(ii) The keeping of records, archives, documents, flags,mementoes, and relics.
(iii) Other public meetings and public purposes.
(iv) The teaching of a true understanding and appreciationof the duties, benefits, and privileges of Americancitizenship to inspire patriotism and respect for the law tothe end that peace may prevail, good will be promoted,justice be administered and established, public ordermaintained, and liberty and freedom under the law beperpetuated.
(b) In addition to the power given under subsection (a), a city maydo the following:
(1) Acquire, by purchase, donation, or condemnation, any
interest in real property to be dedicated by the city and added toany real property that is dedicated by the state for World Warmemorial and other public purposes by proper contract, deed orgrant. The real property acquired shall be conveyed by the cityto the state for World War memorial and other public purposes,as provided in the contract, deed, or grant.
(2) Join with the county in which the city is located to acquireby purchase, donation, or condemnation interests in realproperty to be dedicated by the city and the county jointly andadded to any real property that may have been or may bedesignated for use, dedicated, or set apart by the state for WorldWar memorial and other public purposes by proper contract,deed or grant. The real property acquired shall be conveyed bythe city and the county jointly to the state for World Warmemorial and other public purposes, as provided in the contract,deed, or grant.
(3) Join with the county in which the city is located to:
(A) acquire by purchase, donation, or condemnation ofinterests in real property;
(B) construct and maintain on the real property a joint cityand county World War memorial; and
(C) use the real property for other public purposes asprovided in this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-3
Appropriations; limitation
Sec. 3. (a) The legislative body of a city may, uponrecommendation of the mayor and city controller, if applicable, byordinance adopted and approved as provided in section 22 of thischapter, appropriate for the use of the board of public works of thecity money of the city for World War memorial and other publicpurposes.
(b) Any money and the total of all money appropriated under thischapter may not exceed six-tenths of one percent (0.6%) of theadjusted value of the taxable property of the city as determined underIC 36-1-15.
(c) The board of public works, with the approval of the mayor,may use the funds so appropriated for any of the purposes describedin section 2 of this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-4
Real property acquisition; law governing contracts
Sec. 4. (a) The board of public works of a city, in the acquisitionof real property as authorized by this chapter, shall acquire the realproperty under the statutes applicable to the city for acquisition ofreal property by donation, purchase, or condemnation.
(b) Except as provided in this chapter, the board of public works,in the construction of a memorial structure authorized by this
chapter, shall act under the statutes related to the letting of contractsfor public work applicable to the city.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-5
Appropriations; bonds; loans
Sec. 5. (a) A city may appropriate money for use of the board ofpublic works of the city for any of the purposes provided in thischapter, either out of the general funds of the city or from theproceeds of a bond issue for those purposes.
(b) A city may sell bonds for the purpose of raising funds tocomply with this chapter.
(c) Except as provided in this chapter, the appropriation of moneyand the sale of bonds by a city is governed by the law relating to theappropriation of money and the sale of bonds by the city for othercity purposes.
(d) The legislative body of a city may, by ordinance adopted andapproved as provided in section 22 of this chapter, do any of thefollowing:
(1) Authorize the city controller, if applicable, and the mayor,in the name of the city, to make permanent loans of money forany of the purposes of this chapter of any amount not more thansix-tenths of one percent (0.6%) of the adjusted value of taxableproperty of the city as determined under IC 36-1-15.
(2) Authorize the city controller, if applicable, and mayor of thecity to issue bonds for the purpose of funding or refunding loansmade by the city under this chapter. Except as provided in thischapter, any loans must be made and governed by the lawconcerning permanent loans by cities. Any bonds must satisfyall of the following:
(A) The bonds may be issued in any denomination of notmore than one thousand dollars ($1,000) each and in not lessthan twenty (20) or more than fifty (50) series. Each seriesmust be for the amount as provided by the ordinance.
(B) The bonds must be payable one (1) series each year,beginning on July 1 of the fifth year after the issue of thebonds.
(C) The bonds must be negotiable as inland bills ofexchange.
(D) The bonds must bear interest at the rate of not more thansix percent (6%) a year, payable semiannually on July 1 andJanuary 1 of each year.
(3) Authorize the city controller, if applicable, and mayor, inadvertising for the sale of bonds, to ask for competitive bids onthe bonds on any series of not less than twenty (20) nor morethan fifty (50). The city controller, if applicable, and mayor mayaccept the bid that, in their judgment, is the most advantageousbid to the city.
(e) Bonds issued under this chapter are exempt from taxation forall purposes. (f) A series of bonds issued under this chapter may not be for lessthan two percent (2%) of the total amount of bonds issued.
(g) The proceeds of bonds sold under this chapter by the city,including any premium on the bonds, must be kept as a separate andspecific fund, to be known as the World War memorial fund. Moneyin the fund may be used only for any of the purposes described insection 2 of this chapter.
(h) The city legislative body may, by ordinance, transfer to theWorld War memorial bond fund any surplus finally remaining in theWorld War memorial fund, after all the demands on the city formoney in the World War memorial fund have been paid anddischarged.
(i) A suit to question the validity of any bond issued under thischapter may not be instituted after the date set for the sale of thebonds. All bonds, beginning on the date set for the sale of the bonds,are incontestable for any cause.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-6
Taxes levied for bonds; World War memorial bond fund; sinkingfund
Sec. 6. (a) To raise money to pay the bonds and the interest on thebonds issued under this chapter, the legislative body of the city andall other officials, whether city or state, shall levy each year, inaddition to all other taxes the city may levy, a tax on all property,real or personal, within the city, in the manner and at a rate on eachone hundred dollars ($100) of taxable property in the city as to meetthe principal of the bonds as they severally mature and interestaccruing on the bonds. The legislative body of the city and the fiscalofficer of the city shall certify the taxes levied each year to theauditor of the county in which the city is located or other properofficer not later than the first Monday of September in each year orat the time of the certification of the city's annual tax levy.
(b) Taxes levied and certified under this section shall be collectedand enforced in the same manner as other taxes are collected andenforced. As the taxes are collected, the taxes shall be:
(1) kept in a separate fund to be known as the "World WarMemorial bond fund"; and
(2) applied to the payment of the bonds issued under thischapter and interest accruing on the bonds as they severallymature, and for no other purpose.
All money collected for the payment of the bonds and the interestaccruing on the bonds shall be deposited at interest with one (1) ormore of the depositories as other public funds of the city. All interestcollected becomes a part of the fund.
(c) In a city in which there has been established a sinking fundand a board of sinking fund commissioners:
(1) the World War Memorial bond fund shall be under the care,custody, control, and jurisdiction of the board of sinking fundcommissioners; and (2) all taxes authorized and required to be levied and collectedunder this section to pay the bonds as they mature and interestaccruing on the bonds shall be used and applied by the board ofsinking fund commissioners to pay the bonds as they maturewith interest on the bonds.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-7
Designs, plans, and specifications; contents of architect and artisanproposals; cost limitations; design premium
Sec. 7. (a) The board of public works of the city shall selectdesigns, plans, and all necessary specifications for the erection of theWorld War memorial. The board of public works shall publishnotice:
(1) in at least:
(A) three (3) newspapers of general circulation, printed andpublished in the English language in Indiana, at least one (1)of which must be published in the city; and
(B) seven (7) other newspapers or publications publishedoutside Indiana;
selected by the board of public works; and
(2) that, not less than four (4) months and not more than eight(8) months after the date of publication of the notice, the boardof public works will receive and examine designs, plans, andspecifications for the World War memorial structures submittedto the board by competing architects or artisans skilled in thatwork.
(b) Each architect or artisan competing must submit all thefollowing:
(1) Full and careful estimates of the cost of construction of theWorld War memorial structures.
(2) A sealed proposal of the compensation the architect orartisan will require if the architect's or artisan's plan is adopted.
(3) A separate statement of the compensation the architect orartisan will require to superintend construction of the memorialstructures.
(c) The board of public works may not adopt a design, plan, orspecification that will cost more than the sum of the following:
(1) The amount appropriated for the memorial structures.
(2) The amount of any donations, devises, or bequests the cityhas received at the time the contract is awarded.
(d) To insure adequate competition, the board of public worksmay offer premiums of not more than fifteen thousand dollars($15,000) for the best design, plans, or specifications for the WorldWar memorial. The amount of any premium must be divided andawarded as first, second, and third premiums in the amounts andunder the rules the board adopts.
(e) The board of public works may:
(1) reject any plans, designs, and specifications submitted if theboard considers them unsuitable; and (2) readvertise in the same manner as provided in this sectionfor additional designs, plans, and specifications.
If the board of public works considers none of the designs, plans, andspecifications suitable, the board may not award the premiums. Anypremium awarded to the architect who becomes the supervisingarchitect in building the World War memorial shall be consideredfully paid by the commission or percentage agreed upon as specifiedin this chapter.
(f) In the selection of designs, plans, and specifications, the boardof public works shall call for the assistance of all the following:
(1) The city's civil engineer.
(2) At least one (1) competent architect:
(A) of known skill and ability in the architect's profession;and
(B) who did not submit a design, a plan, or specifications forcompetition.
(3) One (1) contractor in good standing in the contractor'srespective vocation.
(4) Other disinterested expert assistants as the board considerswise.
(g) The board of public works shall give the designs, plans, andspecifications that have been submitted a thorough, criticalexamination and direct the experts called under subsection (f) tothoroughly examine the designs and specifications and carefully testthe estimates submitted.
(h) If the board of public works finds:
(1) the specifications and estimates to be correct;
(2) that the designs, plans, and specifications, or any of them,can be constructed within the limits described in subsection (c);and
(3) that the designs, plans, and specifications are suitable inregard to permanence and appearance, adapted to all thepurposes and aims for the World War memorial, and in keepingwith the dignity of the city;
the board of public works may select the most meritorious of thedesigns, plans, and specifications and shall notify the successfularchitect of the selection. The board of public works shall return therejected designs, plans, and specifications to the respective authors.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-8
Changes to designs, plans, and specifications
Sec. 8. (a) Subject to subsections (b) and (c), any changes madein the designs, plans, and specifications in the progress of the work:
(1) must be agreed upon in advance between the board of publicworks and the contractor and architect; and
(2) must have the cost of the changes fixed by contract inwriting.
If changes made do not comply with subdivisions (1) and (2), theperson making the changes is not entitled to any compensation for
the changes.
(b) A change may not be made that will increase the total cost ofthe World War memorial as prescribed in this chapter.
(c) Any changes do not affect the obligation of or release anysurety on any contract or bond executed or given in connection withthe building of the World War memorial structures, but the liabilityof the surety is extended so as to cover the change.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-9
Architect's bond and compensation
Sec. 9. (a) The architect who is selected as supervising architectin the building of the World War memorial structures is liable on thearchitect's bond for any of the following:
(1) Failure in faithfully discharging the architect's duties.
(2) All losses and damages that are incurred on account of thearchitect:
(A) violating this chapter; or
(B) neglecting the architect's duties.
(b) The architect is entitled to the compensation agreed upon inadvance.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-10
Contracts; notice; bonds and sureties
Sec. 10. (a) After the board of public works has adopted thenecessary designs, plans, and specifications for construction of theWorld War memorial structures as provided in this chapter, the boardof public works shall award contracts for all or any part of the WorldWar memorial structures to competent and reliable contractors asprovided in this section.
(b) The board of public works shall publish for at least three (3)weeks, once each week, in a newspaper of general circulation,printed and published in the English language in the city, a notice:
(1) informing the public and contractors of the general nature ofthe structures to be constructed and of the fact that designs,plans, drawings, and specifications are on file in the office ofthe board of public works; and
(2) calling for sealed proposals for the work on a day not earlierthan thirty (30) days from the first of such publications.
(c) The board of public works shall, by order, impose conditionsupon bidders, contractors, subcontractors, and materialmen withregard to bond and surety, guaranteeing the good faith andresponsibility of the bidders, contractors, subcontractors, andmaterialmen and insuring the faithful completion of the work,according to contract, or for any other purpose.
(d) The board of public works shall reserve ten percent (10%)from payments or estimates on work in progress until the contract iscompleted and the work done is inspected and accepted by the board.All contracts with contractors, subcontractors, architects, or
materialmen must reserve:
(1) to the board of public works, for good cause shown, theright to cancel the contract and to award the work to others; and
(2) at least ten percent (10%) from payments or estimates onwork in progress until the contract is completed and the workdone is inspected and accepted by the board.
(e) Payment by the board of public works, partial or final, may notbe construed as a waiver of defective work or materials or as arelease for damages on account of the defective work or materials. Asurety may not be released from any obligation on the surety's bondif a contractor should be paid the whole or any part of the percentagerequired to be reserved from current estimates. A surety may not bereleased by any final payment made to a contractor.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-11
Joint city and county contracts; city bonds
Sec. 11. (a) If the board of public works of a city has beenauthorized by an ordinance of the city's legislative body, passed andapproved under section 22 of this chapter, appropriating money to beused by the board of public works under this chapter, the board may,with the approval of the mayor of the city, enter into a contract withthe county in which the city is located, acting through the board ofcommissioners of the county, providing for the acquisition jointly bythe city and the county by purchase, donation, or condemnation ofinterests in real property to be added to real property designated foruse by the state for World War memorial and other public purposes.
(b) The board of public works, with the approval of the mayor,may join with the county, acting through its board of commissioners,by an appropriate contract, deed, or grant, to convey to the state thereal property acquired jointly by the city and the county for WorldWar memorial and other public purposes, under the terms andconditions stated in the contract, deed, or grant.
(c) The board of public works of a city may contract with thecounty in which the city is located, acting through its board ofcommissioners, providing for the acquisition by purchase, donation,or condemnation of interests in real property and the construction ofa World War memorial suitable for the city and county and suitablefor other public purposes. If the city, through its board of publicworks and mayor, wants to contract under this chapter with thecounty in which the city is located for any of the purposes authorizedby this chapter, the board of public works must adopt a resolutionstating that proposal. A certified copy of the resolution must bedelivered to the board of commissioners of the county. The board ofcommissioners of the county, not later than sixty (60) days after thereceipt of the resolution, shall determine by order or resolutionwhether the county will join with the city in the execution of acontract for a purpose authorized by this chapter.
(d) If the city and county determine to join in the acquisition ofinterests in real property to be added to any real property designated
at any time for use by the state for World War memorial and otherpublic purposes as authorized by law, then the board of public works,acting for the city with the approval of the mayor, shall execute acontract on behalf of the city with the county, acting through itsboard of commissioners. The contract must describe the real propertyinterests to be acquired jointly by the city and the county and the partof the acquisition cost to be paid by the city and the part of theacquisition cost to be paid by the county. The contract may containother provisions that the city and the county agree upon and that arenot inconsistent with this chapter. The contract must be executed induplicate and be recorded in the minutes of the proceedings of theboard of public works of the city and of the board of countycommissioners of the county.
(e) If the county and city determine to establish a joint World Warmemorial, then the board of public works, acting for the city with theapproval of the mayor, shall execute a contract on behalf of the citywith the county. The contract must provide as follows:
(1) For the acquisition of real property interests and theconstruction on the real property of a joint World Warmemorial suitable for the county and city.
(2) For the definite and respective parts of the total cost of theWorld War memorial that will be paid by the county and by thecity and the time and manner of the payments.
(3) That the acquisition of the real property and the executionof all necessary contracts for the construction of the joint WorldWar memorial shall be made by a board of trustees, consistingof five (5) members, to be appointed and have the powers andperform the duties as provided in this chapter.
(4) That the total cost of the acquisition of the real property forthe joint World War memorial and the construction of thememorial may not exceed the sum of the following:
(A) The amount appropriated for the memorial by the cityand by the board of commissioners of the county.
(B) Any amounts donated, contributed, or received by thecity and by the county for the purpose of the World Warmemorial.
(5) That the necessary cost and expenses for the management,maintenance, repairs, and improvement of the World Warmemorial shall be paid by the county and city in the sameproportion that they contribute to the establishment of thememorial.
(6) Any other provisions that may be agreed upon between thecounty and the city consistent with this chapter.
(f) The city shall pay for its part due under any contract executedwith the county under this chapter either from the city's general fundsor from the proceeds of bonds sold under this chapter.
(g) The legislative body of the city may authorize by ordinancethe sale of bonds of the city for the purpose of raising funds to paythe city's part of the cost under a contract that it executes with thecounty under this chapter. (h) The sale of bonds shall comply with a contract executed by acity with the county in which the city is located for any purposeauthorized by this chapter, and the levy of taxes to pay the bonds,with interest accruing on the bonds, is governed by this chapter. Thelegislative body of the city and other proper officers shall sell thenecessary bonds and levy and collect the necessary taxes to pay thebonds as they mature and the interest accruing on the bonds asprovided in this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-12
Boards of trustees for joint city and county memorials
Sec. 12. (a) Except as provided in subsection (f), if a city entersinto a contract with the county in which it is located to establish ajoint city and county World War memorial, there is established aboard of trustees that consists of five (5) members, named "Trusteesof the World War Memorial for the County ____________ and thecity of ______________", giving the name of the county and thename of the city. The mayor of the city shall appoint two (2) trustees,and the board of commissioners of the county shall appoint three (3)trustees. The trustees shall be appointed by the mayor for a term ofthree (3) years. The trustees shall be appointed by the board ofcommissioners for a term of three (3) years.
(b) The trustees shall be selected without regard to their politicalaffiliations, but not more than three (3) trustees may be members ofthe same political party. The mayor may not appoint more than one(1) trustee from any political party, and the board of commissionersmay not appoint more than two (2) trustees from any political party.The trustees must be persons of high standing and character. Thetrustees shall serve without compensation but may be reimbursed forany reasonable expenses necessarily incurred by them in theperformance of their duties.
(c) The judge of the circuit court may, for just cause, based uponwritten charges:
(1) specifying the alleged misconduct; and
(2) filed by the mayor of the city or the board of commissioners;
remove any member of the board of trustees, after notice to themember and a public hearing. In case of a vacancy caused byremoval or otherwise, the mayor or board of commissioners makingthe original appointment shall appoint some qualified individual tofill the unexpired term.
(d) Each trustee shall execute a bond to the county and city in thesum of five thousand dollars ($5,000), conditioned for the faithfulperformance of the trustee's duties as trustee, with surety approvedby the judge of the circuit court. Each of the trustees shall take andsubscribe an oath that the trustee will:
(1) support the Constitution of the United States and theConstitution of the State of Indiana; and
(2) faithfully discharge all of the duties as trustee.
The oath must be endorsed on the bond, and the bond and oath must
be filed with the circuit court clerk.
(e) If a joint county and city World War memorial is establishedunder this chapter, the following apply:
(1) The board of trustees established by this chapter for thatpurpose has all the powers and may perform all the duties inrelation to the acquisition of the real property and theconstruction of the joint county and city World War memorialas is conferred upon a board of commissioners erecting a countyWorld War memorial.
(2) All money appropriated by the city and the county for theWorld War memorial shall be disbursed upon estimatessubmitted by the board of trustees and certified to the properofficers of the city and the proper officers of the county for therespective proportions as provided in the contract between thecity and county. Upon these certifications, the proper city andcounty officers shall draw warrants to pay the amountscertified.
(f) A board of trustees may not be established under this sectionif the city enters into a contract with the county in which it is locatedto join the county in acquiring interests in real property to bededicated by the city and the county and added to real property thatmay be designated by the state for World War memorial and otherpublic purposes.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-13
Eminent domain
Sec. 13. (a) The board of public works of a city, acting for the cityor acting jointly with the board of commissioners of the county inwhich the city is located, may proceed under IC 32-24 and has allpowers of eminent domain granted in this chapter or any other statuteto acquire interests in real property by purchase or condemnation forany of the purposes authorized by this chapter.
(b) Before the board of public works may purchase an interest inreal property, either by the city or jointly by the city and the countyin which it is located:
(1) the board of public works;
(2) the board of trustees, as provided in section 12 of thischapter; or
(3) the board of public works acting jointly with the board ofcommissioners of the county in which the city is located;
must have the real property appraised at its true cash value by at leastone (1) disinterested freeholder of the city and two (2) disinterestedappraisers licensed under IC 25-34.1 who are residents of Indianaand may not pay more than the appraised value for any interest inreal property. One (1) of the licensed appraisers must reside not morethan fifty (50) miles from the property. If an owner refuses to sell theowner's interest in real property at the appraised value, the interest inreal property must be acquired by condemnation. The legaldepartment of the city shall conduct all necessary proceedings for the
purchase or condemnation of an interest in real property by the cityand county jointly, for any purpose under this chapter, withoutadditional compensation.
(c) If a city institutes proceedings to condemn an interest in realproperty under this chapter, the suit must be brought in the name ofthe city by the legal department of the city, without additionalcompensation, at the direction of the board of public works. If thereis a joint condemnation of an interest in real property by a city andthe county in which it is located, the suit must be brought in the nameof the city as provided in this section and in the name of the county,by an attorney representing the county, at the direction of the boardof county commissioners of the county. The city or the city andcounty jointly may:
(1) join in one (1) action as defendants the owners and allpersons interested in one (1) or more interests in real propertyto be condemned; or
(2) institute proceedings to condemn separate interests in realproperty.
As added by P.L.2-2003, SEC.9. Amended by P.L.113-2006, SEC.9.
IC 10-18-4-14
Joint real estate acquisitions for state memorial
Sec. 14. If a city decides to acquire or to join with the county inwhich it is located in the acquisition of interests in real property asprovided in this chapter to be added to real property designated bythe state for World War memorial and other public purposes, asprovided in this chapter, the city, through its board of public works,with the approval of the mayor, may execute proper deeds, grants, orcontracts with the state through the state's proper officers having thecustody and control of the state World War memorial, by which thereal property acquired by the city or by the city and the county jointlyis conveyed to the state for World War memorial and other publicpurposes, as authorized by this chapter. The deed, grant, or contractmust provide for the use by the city or by the city and county jointlyof the memorial grounds and structures and that the grounds andstructures shall be a city World War memorial to the extent of themoney appropriated and used by the city in the acquisition of thegrounds and structures.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-15
Memorial use and rental
Sec. 15. The board of public works of a city may grant the use ofany structure or any part of a structure constructed by the city, withor without rent or charge, to any organization of soldiers, sailors,marines, and others as a place or places of their meetings andheadquarters, for the time and upon the conditions as the board ofpublic works may determine. The board of public works may alsogrant the use of the structure for any other lawful public purpose notinconsistent with this chapter for which the structure may be suitable,
either with or without rent or charge, as the board of public worksdetermines.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-16
Donations, gifts, devises, and bequests
Sec. 16. A city may receive donations, gifts, devises, and bequestsfor use by the board of public works for the purposes of this chapter.Any money received by the city may, without appropriation by thecity's legislative body, be used for the purposes for which the moneywas donated, as provided in this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-17
Real property and improvements; use and sale; World Warmemorial
Sec. 17. (a) If a city acquires real property for any of the purposesprovided for in this chapter or joins with the county in which the cityis located in the acquisition of real property for any of the purposesprovided for by this chapter:
(1) the city, through its board of public works with the approvalof the mayor; or
(2) the city, through its board of public works with the approvalof the mayor, acting jointly with the board of commissioners ofthe county in which the city is located;
may grant the use of any real property or buildings andimprovements on the real property to any organization of soldiers,sailors, or marines of the United States and others with or withoutrent or charge, upon the conditions as may be determined.
(b) The city, or the city and county, acting as provided in thissection, may sell the buildings and improvements on any realproperty acquired under this chapter.
(c) The net rent or proceeds of the sale of the buildings andimprovements, after deducting an amount sufficient to pay for themaintenance and repair of the buildings and improvements, must bedeposited as follows:
(1) In the city World War memorial fund if the World Warmemorial was acquired by the city.
(2) In the city World War memorial fund and in the countyWorld War memorial fund if the World War memorial wasacquired by the city and county jointly. The money shall bedeposited in the respective funds in the same proportion that thecity and county contributed to the acquisition of the World Warmemorial.
(d) The city, or the city and county acting as provided in thischapter, may convey any real property acquired under this chapter tothe state and provide in the contract with the state as to the rent of thebuildings and improvements on the real property until necessary toremove the buildings and improvements and for the sale of thebuildings and improvements if the real estate is needed by a board of
trustees established under this chapter for World War memorial andother public purposes. The contract must provide how the net rent orproceeds must be applied.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-18
Alternative procedure for issuing bonds
Sec. 18. (a) The legislative body of a city may, upon therecommendation of the mayor and city controller, if applicable, ofthe city, instead of selling bonds as provided in section 5 of thischapter, sell bonds:
(1) with a maturity of not more than ten (10) years;
(2) for any of the purposes authorized by this chapter;
(3) at a rate of interest not more than six percent (6%) a year,payable semiannually; and
(4) payable at their maturity, but not later than ten (10) yearsafter the date of the issuance of the bonds.
If the bonds are issued for a period longer than five (5) years, at leasttwo percent (2%) of the total issue of the bonds must mature eachyear after the fifth year, and the balance must mature and be paid orrefunded not later than ten (10) years after the date of issuance.
(b) Bonds issued under this section, the taxes to pay the bonds asthey mature, and interest accruing on the bonds must be levied inaccordance with sections 5 and 6 of this chapter.
(c) The city's legislative body may refund bonds sold under thissection with other bond issues in accordance with section 5 and otherprovisions of this chapter relating to the sale of bonds. The city'slegislative body may name the date when the first series of refundingbonds is due. However, the due date of the first series due may notbe more than five (5) years from the date of issue.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-19
Powers and duties of board of public works and board of trustees
Sec. 19. In the establishment and maintenance of a World Warmemorial, a city's board of public works or the board of trustees ofa joint county and city World War memorial has all the powers andduties conferred upon the Indiana war memorials commission underIC 10-18-1 to the extent the powers and duties conferred inIC 10-18-1 are not inconsistent with this chapter. However, thischapter does not authorize a city's board of public works or a boardof trustees of a joint county and city World War memorial to employa secretary.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-20
No authority for injunctions
Sec. 20. A person may not bring suit to enjoin the enforcement ofthis chapter or to prevent the levy or collection of taxes under thischapter.As added by P.L.2-2003, SEC.9.
IC 10-18-4-21
Property exempt from taxation
Sec. 21. All property:
(1) constituting a city World War memorial;
(2) constituting a joint county and city World War memorial; or
(3) used or acquired in connection with a city or a joint countyand city World War memorial;
for any purpose authorized by this chapter is exempt from taxationfor all purposes.
As added by P.L.2-2003, SEC.9.
IC 10-18-4-22
Implementing ordinance; continuing rights and powers; appeals
Sec. 22. (a) If a city legislative body wants to implement thischapter, the legislative body must adopt an ordinance that must be insubstance as follows:
"Be it resolved by _______ (name of the city's legislative body)that the city should proceed (or jointly with _______ County,in which it is located) to carry out the purposes of IC 10-18-4.".
The ordinance must be submitted to the mayor of the city forapproval. If the ordinance is approved by the mayor, the city clerkshall give notice of the adoption of the ordinance by the publicationof the ordinance in full by two (2) insertions published at least one(1) week apart under IC 5-3-1-4.
(b) The city may appropriate money, issue bonds, levy taxes, anddo everything necessary to implement this chapter.
(c) If a city issues bonds under this chapter and the bonds must berefunded, the city's legislative body is not required to adopt anordinance for that purpose.
(d) A city's rights and powers under this chapter are not exhaustedby being exercised one (1) or more times, but are continuing rightsand powers. A subsequent exercise of power under this chapter by acity does not require the city's legislative body to adopt an ordinance.A city that wants to act a subsequent time to implement this chaptermay proceed, acting through its board of public works, with theapproval of its mayor, when money has been appropriated for theaction by an ordinance passed by the city's legislative body andapproved by the mayor, without complying with any other lawrelating to appropriations and budgets except for section 3 of thischapter.
(e) A taxpayer aggrieved by an action under this section mayappeal the decision to the circuit court of the county within ten (10)days in the same manner as other appeals are taken from an action ofthe board. The cause of action shall be tried de novo.
As added by P.L.2-2003, SEC.9.