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 a
suitable memorial to commemorate the:
(1) courage, valor, and sacrifice of the members of the armed
forces who served the United States in World War I or World
War II; and
(2) faithful, loyal, and self-sacrificing service rendered by
others to our country in those wars.
(b) A proceeding for the establishment and maintenance of
memorials initiated under the provisions of another law may be
continued and completed under this chapter without compliance with
sections 2 through 5 of this chapter if the board of commissioners of
the 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 of
commissioners or common council shall:
(1) by resolution, declare its intention to establish and maintain
a memorial; and
(2) appoint a board of trustees in accordance with section 6 of
this 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 the
common council of a city shall, on petition of at least one hundred
(100) adult citizens of the county or city, appoint a committee to be
known as the memorial committee. The appointments may not be
made until after notice of the filing of the petition has been published
for at least two (2) weeks. Publication must occur once each week in
a newspaper of general circulation in the county or city.
(b) The committee must have at least five (5) but not more than
fifteen (15) members. Each committee member must be a citizen of
the county or city in which the memorial is proposed. The members
must be appointed based solely upon their fitness, and the committee
must include representatives of educational, benevolent, labor, and
other interests.
(c) The members of the committee serve without compensation.
However, the board of commissioners or common council may
compensate members for necessary expenses in the performance of
their duty, including compensation of expert advisers. The board of
commissioners or common council may make an appropriation in
advance to compensate members for necessary expenses.
(d) The committee shall make a careful study of the subject of a
suitable memorial in the county or city and report its conclusions to
the board of commissioners or common council. The report must
include:
(1) the kind of memorial regarded by the committee as
appropriate;
(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 after
appointment, unless a longer time is given by the board of
commissioners or common council. A committee that fails to report
within the time allowed is immediately regarded as dissolved, and
the board of commissioners or common council shall appoint a new
committee. A new committee appointed under this subsection is
governed by the same rule regarding the filing of a report and
dissolution.
(e) A vacancy in the committee shall be filled by the board of
commissioners or common council.
(f) A county or city in which a memorial committee has been
appointed may not erect or provide for the erection of a memorial
until 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 forth
under subsection (b) if a petition signed by:
(1) at least five hundred (500) citizens and taxpayers of a
county; or
(2) at least two hundred (200) citizens and taxpayers of a city;
requests the establishment and maintenance within the county or city
of a memorial for the soldiers and sailors of World War I. The
petition must be addressed to the board of commissioners of the
county or the common council of the city and filed in the office of
the 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 a
summary of the petition in a newspaper of general circulation
printed and published in the county or city;
(2) post a notice that includes a copy of the petition or a
summary of the petition in at least ten (10) public places in the
county; and
(3) post a notice that includes a copy of the petition or a
summary of the petition at the door of the county courthouse.
Notice under this subsection must also include the day the petition
will be presented to the board. The day of the hearing must be fixed
by the auditor or clerk at least thirty (30) days but not more than
forty (40) days after the day of the filing of the petition. Notice of the
petition signed by the auditor or clerk must be published for three (3)
consecutive weeks and posted for at least twenty (20) days before the
day 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 set
forth the character and kind of a memorial proposed to be established
or constructed and the probable cost of the memorial to the county
or 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 a
hearing under section 3 of this chapter, the petitioners may make
proof of the publication and posting of the notice of the hearing and
present the petition to the board of commissioners or common
council. However, if on or before the day of the hearing a written
remonstrance is filed with the board of commissioners or common
council, the board of commissioners or common council shall fix a
new hearing date at least thirty (30) days but less than forty (40) days
after 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 against
the kind of memorial proposed and provide reasons for the
protest. Before the new hearing date, additional names of
citizens and taxpayers may be added to or withdrawn from the
petition and remonstrance. A person who signs the petition may
not be counted on a remonstrance against it. On or after the first
day designated, a taxpayer may be added to a petition and
remonstrance for hearing.
(b) If a remonstrance is not filed, the board of commissioners or
common council may grant the petition and order the establishment
of a memorial, subject to the conditions of this chapter. If a proper
remonstrance is filed on the first day designated for the hearing, the
board of commissioners or common council may grant the petition
on or after the second day of the hearing as fixed by the board of
commissioners, unless there is a greater number of qualified
remonstrators against the memorial than petitioners for the memorial
at that time. If this occurs, the petition shall be dismissed at the cost
of the petitioners.
(c) A taxpayer of the county aggrieved by the action of the board
may appeal its decision to the circuit court of the county within ten
(10) days in the same manner as other appeals are taken from the
action 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 the
establishment, maintenance, management, and control of the
memorial.
(b) The board of commissioners of a county or common council
of a city shall name five (5) trustees, not more than three (3) of
whom may be members of the same political party. The appointees
constitute 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 of
commissioners or common council serves until the first Monday
of the following January.
(2) One (1) trustee serves until the first Monday of the second
January following the trustee's appointment.
(3) One (1) trustee serves until the first Monday of the third
January following the trustee's appointment.
(4) Two (2) trustees serve until the first Monday of the fourth
January following the appointment of the trustees.
On the expiration of the term of a trustee, a successor shall be
appointed under this section to serve a term of four (4) years. Each
subsequent 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 second
Monday in January of each year or as soon after that day as possible.
A trustee serves without compensation, except that a trustee is
allowed all necessary expenses incurred in the performance of the
trustee's duties.
(d) Bond for the faithful and honest performance of a trustee's
duties is required. The form and amount of the bond is fixed by the
board of commissioners or common council. If a surety bond is
furnished by a trustee, the expense of the bond shall be borne by the
county 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 the
appointment by the auditor or city clerk. The auditor or clerk shall
fix a date for the trustees to meet for the purpose of electing officers
and adopting suitable rules for the government of the board.
(b) The board of trustees shall select a proper site for the
memorial. A county memorial must be located at or near the county
seat of the county and must have plans and specifications drawn for
the establishment of the memorial. The plans and specifications must
provide for a memorial of the kind and character ordered established
and 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 from
revenue generated by the memorial. If this revenue is not sufficient,
the costs shall be borne by the county or city as provided in
subsections (b) and (c).
(b) For the purpose of raising money to pay for the establishment
of a memorial, the bonds of the county or city may be issued, not to
exceed the amount of:
(1) the contract price;
(2) expenses incurred and damages allowed prior to the
awarding of the contract;
(3) a sum sufficient to pay the per diem of the engineer,
architect, and superintendent during the construction of the
memorial; 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. The
proceeds shall be kept as a separate and specific fund to be used by
the county or city to pay for construction of the memorial and all
proper expenses incident to construction. A payment may not be
made for more than eighty percent (80%) of the engineer's estimate
of work done by the contractor. The whole amount of the contract
may not be paid until the memorial is fully approved by the board of
commissioners or common council and the board of trustees and
determined 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 general
tax levy is made, levy a special tax on the taxable property of the
county or city, subject to this chapter. Funds may be raised in yearly
amounts until a sufficient amount has accrued to enable the board or
common council to proceed with the erection or establishment of the
memorial.
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 other
evidence of indebtedness payable by taxation for the construction of
a 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 in
which the memorial is located as determined under IC 36-1-15.
(b) Bonds or obligations issued in violation of this section are
void.
(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, or
extension of memorial
Sec. 11. (a) A surplus remaining from the sale of bonds for the
establishment of a memorial must remain as a separate fund for the
maintenance, repair, improvement, or extension of the memorial.
(b) Each year the board of county commissioners and the county
council or the common council shall provide a fund necessary for the
management, maintenance, repair, improvement, and extension of the
memorial. Money for the fund shall be raised by taxation in the
manner 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 and
the common council of the city:
(1) adopts a resolution declaring the desire;
(2) pledges the city to proceed promptly to erect the memorial
in or near the city; and
(3) files a certified copy of the resolution with the board of
county commissioners before the board has made an order
granting a petition for a county memorial;
the taxable property of the city is exempt from the taxation
authorized in this chapter for the erection, establishment,
management, maintenance, repair, improvement, and extension of a
county memorial. However, if the city, within one (1) year from the
date of the order, has not in good faith begun the erection or
establishment of a memorial that costs as much or more than the
amount that would be derived from taxation of the taxable property
of the city for the erection or establishment of the county memorial,
then the exemption fails, and the property of the city shall be taxed
for the county memorial in the same manner as other property of the
county is taxed.
(b) If a person, an association, or a corporation establishes or
erects in a city a suitable memorial for the permanent use of all
people of the city as provided in section 15 of this chapter, and the
cost of the memorial is equal to or more than the amount that would
be derived from taxation of the property of the city for the erection
or establishment of a county memorial, then the taxable property of
the city is exempt from the taxation authorized in this chapter for the
erection, establishment, management, maintenance, repair,
improvement, and extension of a county memorial. However, the
exemption fails unless the donor files with the board of county
commissioners of the county in which a city is located a certificate
signed by the donor declaring the intention to immediately begin the
establishment or erection of the memorial. The signed certificate
must be filed with the board of county commissioners before the
board has issued an order granting a petition for a county memorial.
(c) A corporation, instead of filing the certificate described in
subsection (b), shall file with the board a certified copy of a
resolution of its board of directors declaring the intention to
immediately begin the establishment or erection of the memorial.
The resolution must declare that the title to the memorial and the
land upon which it is located are held by a board of trustees
composed of five (5) members. The board of trustees and its
successors are appointed by each donor. If there is a failure to make
an appointment, the city council of the city shall have appointive
power.
(d) The donors shall create an efficient organization among the
people of the city to manage, maintain, repair, and improve the
memorial under the powers and restrictions described in section 15
of this chapter. The organization consists of six (6) citizens of the
city. Members of the organization:
(1) serve in a manner and for a term as lawfully provided by the
donors;
(2) act in conjunction with the board of trustees as a board of
managers; and
(3) have full charge and supervision of the establishment and
erection of the memorial and its management, maintenance,
repair, and improvement.
If the cost of management, maintenance, repair, and improvement
exceeds the income derived from the memorial, the costs must be
provided by voluntary contributions, donations, or endowments. The
board of managers shall organize and adopt rules and bylaws for the
conduct of its business as are usually adopted by similar bodies.
(e) If the memorial building and ground cease to be used for this
purpose, 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 the
memorial adopted; and
(2) authority to employ a superintendent, an engineer, or an
architect.
Each person employed must be qualified and experienced and shall
give bond for the faithful performance of the person's duties. The
form and amount of the bond shall be fixed by the board of county
commissioners 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 governed
by another statute, the procedure for erection, establishment,
maintenance, control, and management prescribed by the other
statute shall be followed instead of the procedure prescribed by this
chapter.
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, or
building of a similar nature, the hall, coliseum, or building must be
used for public purposes of all kinds, but especially for the purpose
of perpetuating and keeping those principles alive for which World
War 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 of
trustees.
Institutes, exhibits, shows, and entertainment of all kinds may be
held in the building in the discretion of the board of trustees.
(c) The trustees may let the building for hire and fix a charge for
letting the building for hire.
(d) A preference may not be shown to a church, political party, or
class of society. However, this provision may not be construed to
require or permit the use of the building by an organization or person
to promulgate doctrines inimical to the government of the United
States 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 by
a person or an organization other than the trustees in charge of the
memorial.
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 oath
to the board of county commissioners or common council. The
annual report must include the activities of the trustees and of the
receipts and expenditures of the memorial. The trustees shall prepare
an annual budget and estimate for the board of commissioners and
county council or common council so that adequate appropriation of
funds may be made for the proper maintenance, repair, improvement,
and extension of the memorial. A report must be made at other times
if required by the board of commissioners or common council.
(b) All claims for expenditures incident to the maintenance of the
memorial must be in the form used for the payment of other claims
by the county or city. The claims must be:
(1) approved by the president of the board of trustees of the
memorial; and
(2) allowed by the board of commissioners or common council
in the same manner as other claims.
(c) All revenue from a memorial shall be accounted for by the
board of trustees and delivered to the county treasurer or city fiscal
officer 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 of
the kind described in this chapter. A county and city may accept a
bequest and gift. Property given to the county or city in this manner
may be used exclusively or in conjunction with other donated
property or county or city funds for a memorial. If a gift or bequest
is made to a county or city, proper recognition of the gift or bequest
shall 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 as
the memorial art commission.
(b) The commission must consist of not more than seven (7)
qualified persons who serve without pay. However, members are to
be paid necessary expenses as certified by the governor to the auditor
of state.
(c) The commission shall consider the artistic qualities of a plan
for 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 without
first:
(1) submitting the plans to the memorial art commission; and
(2) securing criticism and advice from the commission with
respect to the memorial.
If a state art commission is established by law, it is ex officio the
memorial 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 the
memorial in the same manner as provided by law for a county or city
building. Land for a memorial may be acquired under the power of
eminent 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 more
than 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 the
position declared vacant by the board, common council, or judge
appointing 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 15
of this chapter; and
(2) fully paid for and all bonds or other indebtedness issued for
the construction of the memorial has been retired;
the board of county commissioners or common council may by a
two-thirds (2/3) vote of the board of commissioners or common
council abolish and terminate the existence of the memorial board of
trustees. The board of county commissioners or common council
must have a signed petition requesting abolition and termination by
all members of the board of trustees and the consent of the circuit
court judge of the judicial circuit in which the county or city is
situated. The judge's consent must be included on the signed petition.
The board of county commissioners or common council shall fix a
time not less than thirty (30) days or more than ninety (90) days from
the date of the vote when the termination becomes effective.
(c) If the board of trustees has been abolished and terminated, the
county auditor or city clerk shall notify the secretary of the board of
trustees in writing of the time for the termination of the board of
trustees.
(d) The board of trustees shall make a full and final report of its
activities in the same manner as other reports required by this
chapter. The report must be completed on or before the day fixed in
the notice for termination.
(e) On and after the date fixed for the abolition and termination of
the board of trustees, the custody, control, and management of the
memorial shall be exercised by the officers, board, common council,
or committee of the county or city that manages and controls other
county or city buildings. The officers, board, common council, or
committee of the county or city that manages and controls other
county or city buildings shall perpetuate the memorial features of the
building.
As added by P.L.2-2003, SEC.9.