CHAPTER 2. WORLD WAR MEMORIALS
IC 10-18-2
Chapter 2. World War Memorials
IC 10-18-2-1
"World war memorial"
Sec. 1. As used in this chapter, "world war memorial" means:
(1) World War I memorial parks and artificial lakes in World
War I memorial parks; or
(2) World War I structures.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-2
Authority to erect memorials; county authority to erect memorials
jointly
Sec. 2. (a) A county may through its county executive acquire by:
(1) purchase;
(2) donation; or
(3) condemnation;
suitable real estate to construct and maintain structures to
commemorate the bravery, courage, valor, and sacrifice of the
soldiers, sailors, and marines of the United States and of all others
who rendered faithful, loyal, heroic, and self-sacrificing service at
home or overseas in World War I.
(b) At a world war memorial, a county may do the following:
(1) Provide a place for meetings and headquarters for
organizations of active or retired military personnel or any other
patriotic associations.
(2) Provide storage for the keeping of records, archives,
documents, flags, mementos, and relics.
(3) Provide space for public meetings and for other public
purposes.
(4) Inculcate an understanding and appreciation of the duties,
benefits, and privileges of American citizenship.
(5) Inspire patriotism and respect for the law to the end that
peace may prevail.
(6) Promote good will and justice.
(7) Perpetuate liberty and freedom.
(c) In addition to the powers provided under subsections (a) and
(b), a county may do the following:
(1) Acquire by purchase, donation or condemnation any interest
in real property to be dedicated by the county and added to any
real property that is dedicated by the state for World War
Memorial and other public purposes, by proper contract, deed,
or grant. The real property acquired shall be conveyed by the
county to the state for World War Memorial and other public
purposes as provided in the contract, deed, or grant.
(2) Join with any city located in the county to acquire by
purchase, donation, or condemnation, interests in real property
to be dedicated by the county and the city jointly and added to
any real property that is dedicated by the state for World War
Memorial and other public purposes, by proper contract, deed,
or grant. The real property acquired shall be conveyed by the
county and city jointly to the state for World War Memorial
purposes and other public purposes as provided in the contract,
deed, or grant.
(3) Join with any city located in the county to:
(A) acquire by purchase, donation, or condemnation interests
in real property;
(B) construct and maintain on the real property a joint city
and county World War Memorial; and
(C) use the real property for other public purposes as
provided in this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-3
County executive authority; appropriation; limitation
Sec. 3. (a) A county executive may appropriate, without any
appropriation by the county council of the funds of the county for a
world war memorial and other public purposes.
(b) Funds appropriated for a world war memorial may not exceed
one-half of one percent (0.5%) of the adjusted value of taxable
property of the county, to be determined under IC 36-1-15.
(c) The county shall use the funds appropriated to acquire real
estate and construct structures for a world war memorial and other
public purposes, as authorized by this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-4
Appropriations; bonds; loans
Sec. 4. (a) A county and its county executive may appropriate
money for any or all of the purposes as provided in this chapter:
(1) out of the general funds of the county; or
(2) from the proceeds of a bond issue.
(b) A county may issue and sell bonds for the purpose of raising
funds to comply with this chapter.
(c) If:
(1) a county executive decides to establish a world war
memorial; and
(2) there is sufficient money in the county's general fund to pay
the entire cost of the world war memorial;
money from the county's general fund may be appropriated.
(d) If there is not sufficient money in a county's general fund, the
county auditor shall certify to the county executive, who may
authorize and make a loan not exceeding one-half of one percent
(0.5%) of the adjusted value of the taxable property of the county, to
be determined under IC 36-1-15.
(e) It is not necessary to obtain:
(1) the authorization of the county council; or
(2) the appropriation by the county council;
for any money for the payment of the bonds authorized under this
section or the interest on the bonds.
(f) A county executive may issue bonds in the name of a county
to fund or refund a loan or loans as authorized by this chapter.
(g) A bond for world war memorials shall be issued in any
denomination of not more than one thousand dollars ($1,000) each
and in not less than twenty (20) or more than fifty (50) series.
(h) Each bond series is to be for an amount determined by the
county executive and shall be payable one (1) series each year,
beginning on July 1 of the fifth year after the bonds are issued.
(i) A bond shall be negotiable as inland bills of exchange and
shall bear interest at a rate not exceeding five percent (5%) per
annum, payable semiannually on July 1 and January 1 of each year.
(j) A bond shall be exempt from taxation for any and all purposes.
(k) All proceeds of bonds issued and sold under this chapter by a
county, including any premium, shall be kept in a separate and
specific fund to be known as the world war memorial fund.
(l) Any surplus remaining in a world war memorial fund after all
the demands of the county have been paid and discharged shall be
transferred by the county executive to the world war memorial bond
funds.
(m) A series of bonds issued under this chapter may not be for
less than one-fiftieth (1/50) of the total amount of bonds issued.
(n) A suit to question the validity of bonds authorized to be issued
by this chapter may not be instituted after the date set for the sale of
the bonds. All bonds are incontestable for any cause except for
excess of constitutional limit.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-5
Taxes levied for bonds
Sec. 5. (a) If a county issues bonds for a world war memorial
under this chapter, the county fiscal body, county executive, and any
other county official who fixes rates or levies taxes shall yearly tax
all real and personal property within the county at a rate on each one
hundred dollars ($100) of taxable property to meet the interest and
principal on world war memorial bonds as they mature.
(b) Taxes levied for world war memorial bonds:
(1) shall be collected by the treasurer of a county or other
proper officer in the same manner as other taxes are collected
and enforced;
(2) shall be kept in a separate fund to be known as the world
war memorial bond fund;
(3) shall be applied to the payment of the bonds issued under
this chapter and interest as the bonds mature; and
(4) shall be deposited in an interest earning account with one
(1) or more of the depositories in the county, with all interest
earned becoming a part of the fund.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-6
Design and construction plan
Sec. 6. (a) A county executive establishing a world war memorial
shall adopt a design and a plan for the construction of a world war
memorial.
(b) A county executive:
(1) may employ architects and other personnel necessary to
design and supervise the building of a world war memorial; and
(2) shall not adopt any design or plan for a world war memorial
that, together with the cost of real estate and other expenses for
the establishment of the memorial, exceeds the amount
authorized for the project. However, this limitation may not
restrict the right of a county executive to enter into any contract
with any city located in the county for the joint construction of
a world war memorial.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-7
Changes to design or plan
Sec. 7. All changes made in the designs or plans for a world war
memorial are subject to the following:
(1) Changes must be agreed upon in writing, in advance,
between the county executive and the contractor and architect.
(2) Compensation may not be paid for design or plan changes.
(3) Changes may not be made that will increase the total cost of
the world war memorial.
(4) Changes may not affect the obligation of or release any
surety or bondsmen on any contract or bond executed or given
in connection with the building of the world war memorial.
However, the liability shall be extended to embrace and cover
the changes.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-8
Architect's bond and compensation
Sec. 8. The architect employed to supervise the building of world
war memorial structures:
(1) shall, at the time of employment, execute a proper bond in
an amount fixed by the county executive and with surety to the
approval of the county executive;
(2) is liable on the bond for:
(A) any failure in faithfully discharging duties;
(B) all losses and damages that may be incurred on account
of negligence; or
(C) violating this chapter; and
(3) is entitled to receive compensation as agreed upon in
advance.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-9
Contracts; notice; bonds and sureties
Sec. 9. (a) If a county executive has adopted designs or plans for
the construction of world war memorial structures as provided in
section 6 of this chapter, the county executive shall:
(1) contract with a reliable contractor for all or any part of the
construction of the world war memorial structure, as provided
in this chapter; and
(2) publish for at least three (3) weeks, one (1) time each week,
in a newspaper of general circulation published in the county a
notice informing the public and contractors:
(A) of the nature of the structures to be constructed;
(B) that the designs and plans are on file in the office of the
county executive; and
(C) that sealed proposals for contractors to work on the
construction of the world war memorial are due not earlier
than thirty (30) days from the first published notice.
(b) A county executive shall, by order, impose conditions upon:
(1) bidders;
(2) contractors;
(3) subcontractors; and
(4) materialmen;
with regard to bond and surety and guaranteeing the faithful
completion of work according to contract.
(c) All contracts with builders, architects, or materialmen must
reserve to the county executive for good cause shown the right to
cancel a contract and to relet work to others. If a contract is canceled,
at least ten percent (10%) shall be reserved from payments on
estimates on work done in progress until the contracts are completed
and the work done, inspected, and accepted by the county executive.
(d) A payment, partial or final, may not be construed as a waiver
of defective work or materials or as a release for damages on account
of defective work or materials.
(e) A surety may not be released from any obligation on its bond
if the contractor is paid the whole or any part of the percentages
required to be reserved from current estimates. A surety may not be
released by any final payment made to the contractor.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-10
Joint city and county contracts; county bonds
Sec. 10. (a) If a county has appropriated money to be used by the
county executive under this chapter, the county executive may enter
into a contract with any city located in the county for the joint
acquisition of real estate for a world war memorial.
(b) Contracts between counties and cities for the joint acquisition
of real estate for developing a world war memorial shall be made
through the city's board of public works with the approval of the
mayor.
(c) If a county executive decides to contract with a city for the
joint acquisition of real estate and development of a world war
memorial, the county executive shall adopt a resolution signifying
their desire and send a certified copy of a resolution to the mayor of
the city. The mayor shall refer the resolution to the board of public
works for action. Within sixty (60) days after the receipt of the
resolution, the board of public works shall determine by resolution
whether or not the city will join with the county in the execution of
any contract for any purpose authorized by this chapter.
(d) If a county and city agree to join in the acquisition of real
estate to be dedicated for a world war memorial as authorized by this
chapter, the county executive shall execute a contract between the
county and the city describing the real estate and interests in the real
estate to be acquired jointly and the costs for the county and the city.
The contract shall be executed in duplicate and shall be included in
the minutes of the proceedings of the county executive and of the
board of public works of the city.
(e) If a county and city agree to establish a joint world war
memorial, then the county executive, acting for the county, and the
board of public works, with the approval of the mayor, shall execute
a contract between the county and city that must provide the
following:
(1) For the acquisition of real estate and the construction of a
joint world war memorial suitable for the county and city.
(2) The respective parts of the total cost of the world war
memorial that shall be paid by the county and by the city and
the time and manner of the payments.
(3) That the acquisition of real estate and the execution of all
necessary contracts for the construction of the joint world war
memorial shall be made by a board of trustees consisting of five
(5) members to be appointed and have the powers and perform
the duties as provided in this chapter.
(4) That the total costs of the acquisition of the real estate for
the joint world war memorial and the construction of the world
war memorial may not exceed the amount of money
appropriated by the county executive and the common council
of the city.
(5) That the necessary cost and expenses for the management,
maintenance, repairs, and improvement of the memorial shall be
paid by the county and city in the same proportion that they
contribute to the establishment of the memorial.
(6) That the contract may contain any other terms, conditions,
and provisions that may be agreed upon between the county and
city, not inconsistent with this chapter.
(f) The county shall pay its part due under any contract executed
by the county with any city within the county under this chapter
from:
(1) the general funds of the county; or
(2) the proceeds of bond issue as provided in this chapter.
(g) The county, acting through its county executive, may issue and
sell bonds for the purpose of raising funds to pay its part of the cost
under any contract executed by the county with any city located
within the county under this chapter.
(h) The county executive shall issue and sell the necessary bonds
and levy and collect the necessary taxes to pay the bonds as they
mature, together with interest, all as authorized in this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-11
Boards of trustees for joint city and county memorials
Sec. 11. (a) If a county enters into a contract with any city for the
establishment of a joint county and city world war memorial, as
provided in this chapter, there is established a board of trustees that
consists of five (5) members, to be known as "Trustees of the World
War Memorial for the County of ____________ and the City of
______________ ", giving the name of the county and the name of
the city.
(b) The trustees shall be appointed as follows:
(1) Three (3) trustees shall be appointed by the county
executive of the county.
(2) Two (2) trustees shall be appointed by the mayor of the city.
(c) One (1) of the trustees appointed by the mayor shall be
appointed for a term of two (2) years and one (1) for a term of three
(3) years. Subsequently, the trustees shall be appointed by the mayor
for a term of three (3) years. Two (2) of the trustees appointed by the
county executive shall be appointed for a term of two (2) years and
one (1) for a term of three (3) years. Subsequently, the trustees shall
be appointed by the county executive for a term of three (3) years.
(d) The trustees shall be selected without regard to their political
affiliations. Not more than three (3) trustees may be of the same
political party. The mayor may not appoint more than one (1) trustee
from any political party. The county executive may not appoint more
than two (2) trustees from any political party.
(e) The board of trustees must be persons of high standing and
character and serve without compensation but may receive
reimbursement for any reasonable expenses necessarily incurred by
them in the performance of their duties.
(f) The mayor or county executive may, for just cause, based upon
written charges specifically alleging the misconduct, remove any
member appointed by the mayor or county executive, after notice to
the trustee board and a public hearing.
(g) In case of vacancy caused by removal or otherwise, the mayor
or the county executive making the original appointment shall
appoint a qualified person to fill the unexpired term.
(h) Each trustee shall do the following:
(1) Execute a bond to the county and city in the sum of five
thousand dollars ($5,000), conditioned for the faithful
performance of duties as a trustee, with sureties to be fixed and
approved by the judge of the circuit court.
(2) Take an oath that the trustee will support the Constitution of
the United States and the Constitution of the State of Indiana
and will faithfully discharge all of the duties as a trustee. The
oath shall be endorsed on the bond, and the bond and oath shall
be filed with the clerk of the circuit court.
(i) If a joint county and city world war memorial is established,
the board of trustees shall have all the powers and perform all the
duties in relation to the acquisition of the ground and the
construction of the joint county and city world war memorial as
provided in this chapter to be done and performed by the county
executive in relation to a county world war memorial.
(j) If a joint county and city world war memorial is established, all
money appropriated by the county and the city shall be disbursed
upon estimates submitted by the board of trustees and certified to the
proper officers of the county and city as provided for in the contract
between the county and city.
(k) A board of trustees may not be established if a county
contracts with a city located in the county to jointly acquire real
estate and interests in the real estate to be dedicated and added to an
existing war memorial operated by the state.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-12
Memorial management, maintenance, repair, or improvement
Sec. 12. The county executive shall:
(1) provide a fund necessary for the:
(A) management;
(B) maintenance;
(C) repair; and
(D) improvement;
of any county world war memorial;
(2) pay its part of the cost of:
(A) management;
(B) maintenance;
(C) repair; and
(D) improvement;
of any joint county and city world war memorial, as determined
by contract; and
(3) raise money for the fund by taxation in the manner provided
by law for all other county expenses.
As added by P.L.2-2003, SEC.9. Amended by P.L.2-2005, SEC.43.
IC 10-18-2-13
Joint real estate acquisitions for state memorial
Sec. 13. (a) If a county decides to join a city located in the county
to acquire real estate to be dedicated, set apart, and added to any real
estate that may be designated for use or dedicated and set apart by
the state as a world war memorial and other public purposes, as
provided in this chapter, the county, through its county executive,
shall execute proper deeds, grants, or contracts with the state to
convey the real estate to the state for world war memorial and other
public purposes, as authorized by this chapter.
(b) The deed, grant, or contract must provide:
(1) for the use by the county, or by the county and city jointly,
of the memorial grounds and structures; and
(2) that, to the extent of the money appropriated and used by the
county in the acquisition of the memorial grounds and
structures, the memorial grounds and structures shall be a
county world war memorial.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-14
Memorial use and rental
Sec. 14. (a) A county executive may allow any organizations of
soldiers, sailors, and marines, and others to use any structure that is
part of a world war memorial constructed under this chapter as a
place for meetings and headquarters.
(b) A county executive may allow a structure at a world war
memorial to be used for any public purposes.
(c) A county executive shall determine the terms and conditions
of leasing space at a world war memorial under this section,
including:
(1) whether to charge rent; and
(2) if rent is charged, the rental price.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-15
Donations, gifts, devises, and bequests
Sec. 15. (a) A county may receive donations, gifts, devises, and
bequests for the county executive to use in connection with a world
war memorial.
(b) Any money donated to a county for its world war memorial
shall be paid out upon warrants drawn by the auditor of the county,
without any appropriation by the county fiscal body, to the county
executive.
(c) The county may use money received as donations, gifts, or
devises for the:
(1) construction of a world war memorial, alone or with any
city; or
(2) acquisition by the county, or jointly by the county and any
city located in the county, of real estate and interests in real
estate to be dedicated, set apart, and added to any real estate
that may have been designated for use or dedicated and set apart
by the state for world war memorial and other public purposes;
as provided in this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-16
Eminent domain
Sec. 16. (a) A county executive, acting jointly with the board of
public works of a city located in the county to acquire grounds, real
property, and interests in real property, by purchase or condemnation
for any of the purposes authorized by this chapter, may proceed
under IC 32-24, together with all the powers of eminent domain
granted under this chapter.
(b) Before a county executive may purchase real property or
interests in real property, by the county, jointly by the county and a
city located in the county, by the county executive or board of
trustees, as provided in section 11 of this chapter, or by the county
executive acting jointly with the board of public works of any city
located in the county, the county executive must have the real
property appraised at its true cash value by at least:
(1) one (1) disinterested freeholder of the county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana. One (1) of the appraisers described in
subdivision (2) must reside not more than fifty (50) miles from the
property. The county executive may not pay more than the appraised
value for any real property and interests in real property.
(c) If an owner refuses to sell real property at the appraised value,
the property must be acquired by condemnation. If a county acts
alone, an attorney representing the county shall conduct all the legal
proceedings necessary in the purchase or condemnation of real
property. The legal department of a city and an attorney representing
the county, if the county and city act jointly under this chapter, shall
conduct all the necessary legal proceedings, without additional
compensation, for the purchase or condemnation of real property.
(d) If a county acquires real property for any of the purposes
provided for by this chapter or joins with a city located in the county
in the acquisition of real property for any of the purposes provided
for in this chapter, the county, acting by and through its county
executive, or the county, by and through its county executive acting
jointly with any city located in the county, by and through its board
of public works, with the approval of the mayor, may sell the
buildings and improvements on the real property.
(e) The net rent or proceeds of the sale of the building and
improvements on the real property at a war memorial, if the real
property was acquired by the county, shall be added to and become
a part of the county world war memorial fund. If the real property
was acquired by the county and any city located in the county jointly,
the rent and proceeds of sale shall be added to the county world war
memorial fund and the city world war memorial fund in the same
proportions that the city and county contributed to the acquisition of
the real property, buildings, and improvements, or the county.
(f) The county and a city located in the county acting jointly, as
provided in this chapter, may convey any real property acquired to
the state. The contract with the state must provide for the rent of
buildings and improvements on real property, until necessary to
remove the buildings and improvements, and for the sale of the
buildings and improvements if the real property is needed by the
board of trustees for world war memorial and other public purposes.
The contract must provide how the net rent or proceeds will be
applied.
(g) If a county institutes proceedings to condemn any real
property or interests in real property or other property under this
chapter, the suit must be brought:
(1) in the name of the county;
(2) by an attorney representing the county; and
(3) at the direction of the county executive.
(h) If the joint condemnation of real property under this chapter
is by a county and by a city located in the county, the suit must be
brought in the name of the county, as provided in this section, and in
the name of the city by its legal department, without additional
compensation, at the direction of the board of public works. The
county, or the county and the city jointly, may:
(1) join in one (1) action naming as defendants the owners and
all persons interested in one (1) or more tracts of real property
to be condemned; or
(2) institute proceedings to condemn separate tracts of real
property.
As added by P.L.2-2003, SEC.9. Amended by P.L.113-2006, SEC.8.
IC 10-18-2-17
Issuing bonds to pay loans; refunding bonds
Sec. 17. (a) A county executive, instead of making a loan or loans
as provided in section 4 of this chapter, may make a loan for a period
of not more than ten (10) years for any of the purposes authorized by
this chapter.
(b) A loan issued under this section must be at a rate of interest
not exceeding six percent (6%) per annum, payable semiannually.
The loan must be evidenced by the bonds of the county, which shall
be payable at their maturity and not later than ten (10) years after the
date of issue.
(c) A bond issued under this section is exempt from taxation for
all purposes.
(d) If a bond issued under this section is issued for a longer period
than five (5) years:
(1) at least one-fiftieth (1/50) of the total issue of the bonds
must mature each year after the fifth year; and
(2) the balance of the bond must mature and be paid or refunded
not later than ten (10) years after the date of issue.
(e) A county executive may refund a loan issued under this
chapter with another bond issue in accordance with this chapter.
(f) A county executive may name the date when the first series of
refunding bonds is due. However, the first of the series may not be
for a longer period than five (5) years from the date of issue.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-18
Powers and duties of county executive or board of trustees
Sec. 18. In the establishment and maintenance of a county world
war memorial, a county executive or a board of trustees of a joint
county and city world war memorial has all the powers and duties
conferred upon the Indiana War Memorials Commission under
IC 10-18-1, in so far as the powers and duties are not inconsistent
with this chapter. However, a county executive or board may not
employ a secretary.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-19
Declaratory resolution
Sec. 19. (a) If a county executive desires to carry out this chapter,
the county executive must adopt a declaratory resolution in substance
as follows:
"Be it resolved, by the county executive of _______ County,
that said county should proceed alone, or jointly with the city of
_______ located in such county, to carry out the purposes of
IC 10-18-2.".
(b) The resolution shall be recorded in the proceedings of the
county executive. Notice of the adoption of the declaratory resolution
shall be given by the county executive by the publication of the
resolution in full by two (2) insertions published at least a week apart
in accordance with IC 5-3-1-4.
(c) The county executive may:
(1) appropriate money;
(2) make loans;
(3) issue bonds;
(4) levy taxes; and
(5) do everything that may be necessary to carry out this
chapter.
If any bonds are issued under this chapter by a county and the bonds
have to be refunded, it is not necessary for the county executive to
adopt a declaratory resolution.
(d) The rights and powers of this chapter vested in any county
executive may not be exhausted by being exercised one (1) or more
times, but are continuing rights and powers.
(e) If there is a second or other subsequent exercise of power
under this chapter by any county, it is not necessary for the county
executive to adopt a declaratory resolution. Any county acting a
second or subsequent time may proceed to carry out this chapter
without any appropriation by the county fiscal body and without
being required to comply with any other law relating to
appropriations and budgets except for section 2 of this chapter.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-20
Authority to erect memorials
Sec. 20. A political subdivision (as defined in IC 36-1-2-13) or
municipal corporation (as defined in IC 36-1-2-10) may erect or
cause to be erected a memorial to the armed forces of World War II
under the same conditions that a memorial to the armed forces of
World War I may be built.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-21
No authority for injunctions
Sec. 21. A suit to enjoin the enforcement of this chapter or to
prevent the levy or collection of taxes under this chapter may not be
commenced.
As added by P.L.2-2003, SEC.9.
IC 10-18-2-22
Property exempt from taxation
Sec. 22. All property that is:
(1) part of a county world war memorial;
(2) part of a joint county and city world war memorial;
(3) used in connection with a world war memorial; or
(4) acquired by a county or jointly by a county and a city
located in the county for any purpose authorized by this
chapter;
is exempt from taxation for all purposes.
As added by P.L.2-2003, SEC.9.