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 to
the following:
(1) The board of public works and safety established in a city
under IC 36.
(2) The board of public works in a city that has established a
separate board of public works and a separate board of public
safety under IC 36.
The term includes the department of public works in a city in which
a 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 memorials
jointly
Sec. 2. (a) A city, acting through its board of public works, with
the approval of its mayor, when money has been appropriated for that
purpose by an ordinance adopted and approved as provided in
section 22 of this chapter, may do the following:
(1) Acquire, by purchase, donation, or condemnation, suitable
interests in real property located in the city.
(2) Do the following on the real property described in
subdivision (1):
(A) Erect and maintain upon the real property suitable
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 and overseas in World
War I.
(B) Provide a place or places of meeting and headquarters
for the following:
(i) Organizations of soldiers, sailors, and marines or
patriotic 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 appreciation
of the duties, benefits, and privileges of American
citizenship to inspire patriotism and respect for the law to
the end that peace may prevail, good will be promoted,
justice be administered and established, public order
maintained, and liberty and freedom under the law be
perpetuated.
(b) In addition to the power given under subsection (a), a city may
do the following:
(1) Acquire, by purchase, donation, or condemnation, any
interest in real property to be dedicated by the city 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 city
to 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 acquire
by purchase, donation, or condemnation interests in real
property to be dedicated by the city and the county jointly and
added to any real property that may have been or may be
designated for use, dedicated, or set apart 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 city and the county jointly to the state for World War
memorial 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 of
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 10-18-4-3
Appropriations; limitation
Sec. 3. (a) The legislative body of a city may, upon
recommendation of the mayor and city controller, if applicable, by
ordinance adopted and approved as provided in section 22 of this
chapter, appropriate for the use of the board of public works of the
city money of the city for World War memorial and other public
purposes.
(b) Any money and the total of all money appropriated under this
chapter may not exceed six-tenths of one percent (0.6%) of the
adjusted value of the taxable property of the city as determined under
IC 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 described
in 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 acquisition
of real property as authorized by this chapter, shall acquire the real
property under the statutes applicable to the city for acquisition of
real 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 contracts
for 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 of
public works of the city for any of the purposes provided in this
chapter, either out of the general funds of the city or from the
proceeds of a bond issue for those purposes.
(b) A city may sell bonds for the purpose of raising funds to
comply with this chapter.
(c) Except as provided in this chapter, the appropriation of money
and the sale of bonds by a city is governed by the law relating to the
appropriation of money and the sale of bonds by the city for other
city purposes.
(d) The legislative body of a city may, by ordinance adopted and
approved as provided in section 22 of this chapter, do any of the
following:
(1) Authorize the city controller, if applicable, and the mayor,
in the name of the city, to make permanent loans of money for
any of the purposes of this chapter of any amount not more than
six-tenths of one percent (0.6%) of the adjusted value of taxable
property of the city as determined under IC 36-1-15.
(2) Authorize the city controller, if applicable, and mayor of the
city to issue bonds for the purpose of funding or refunding loans
made by the city under this chapter. Except as provided in this
chapter, any loans must be made and governed by the law
concerning permanent loans by cities. Any bonds must satisfy
all of the following:
(A) The bonds may 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. Each series
must 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 the
bonds.
(C) The bonds must be negotiable as inland bills of
exchange.
(D) The bonds must bear interest at the rate of not more than
six percent (6%) a year, payable semiannually on July 1 and
January 1 of each year.
(3) Authorize the city controller, if applicable, and mayor, in
advertising for the sale of bonds, to ask for competitive bids on
the bonds on any series of not less than twenty (20) nor more
than fifty (50). The city controller, if applicable, and mayor may
accept the bid that, in their judgment, is the most advantageous
bid to the city.
(e) Bonds issued under this chapter are exempt from taxation for
all purposes.
(f) A series of bonds issued under this chapter may not be for less
than 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 and
specific fund, to be known as the World War memorial fund. Money
in the fund may be used only for any of the purposes described in
section 2 of this chapter.
(h) The city legislative body may, by ordinance, transfer to the
World War memorial bond fund any surplus finally remaining in the
World War memorial fund, after all the demands on the city for
money in the World War memorial fund have been paid and
discharged.
(i) A suit to question the validity of any bond issued under this
chapter may not be instituted after the date set for the sale of the
bonds. 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; sinking
fund
Sec. 6. (a) To raise money to pay the bonds and the interest on the
bonds issued under this chapter, the legislative body of the city and
all other officials, whether city or state, shall levy each year, in
addition 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 each
one hundred dollars ($100) of taxable property in the city as to meet
the principal of the bonds as they severally mature and interest
accruing on the bonds. The legislative body of the city and the fiscal
officer of the city shall certify the taxes levied each year to the
auditor of the county in which the city is located or other proper
officer not later than the first Monday of September in each year or
at the time of the certification of the city's annual tax levy.
(b) Taxes levied and certified under this section shall be collected
and enforced in the same manner as other taxes are collected and
enforced. As the taxes are collected, the taxes shall be:
(1) kept in a separate fund to be known as the "World War
Memorial bond fund"; and
(2) applied to the payment of the bonds issued under this
chapter and interest accruing on the bonds as they severally
mature, and for no other purpose.
All money collected for the payment of the bonds and the interest
accruing on the bonds shall be deposited at interest with one (1) or
more of the depositories as other public funds of the city. All interest
collected becomes a part of the fund.
(c) In a city in which there has been established a sinking fund
and 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 fund
commissioners; and
(2) all taxes authorized and required to be levied and collected
under this section to pay the bonds as they mature and interest
accruing on the bonds shall be used and applied by the board of
sinking fund commissioners to pay the bonds as they mature
with 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 artisan
proposals; cost limitations; design premium
Sec. 7. (a) The board of public works of the city shall select
designs, plans, and all necessary specifications for the erection of the
World War memorial. The board of public works shall publish
notice:
(1) in at least:
(A) three (3) newspapers of general circulation, printed and
published 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 published
outside 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 board
of public works will receive and examine designs, plans, and
specifications for the World War memorial structures submitted
to the board by competing architects or artisans skilled in that
work.
(b) Each architect or artisan competing must submit all the
following:
(1) Full and careful estimates of the cost of construction of the
World War memorial structures.
(2) A sealed proposal of the compensation the architect or
artisan will require if the architect's or artisan's plan is adopted.
(3) A separate statement of the compensation the architect or
artisan will require to superintend construction of the memorial
structures.
(c) The board of public works may not adopt a design, plan, or
specification 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 city
has received at the time the contract is awarded.
(d) To insure adequate competition, the board of public works
may offer premiums of not more than fifteen thousand dollars
($15,000) for the best design, plans, or specifications for the World
War memorial. The amount of any premium must be divided and
awarded as first, second, and third premiums in the amounts and
under the rules the board adopts.
(e) The board of public works may:
(1) reject any plans, designs, and specifications submitted if the
board considers them unsuitable; and
(2) readvertise in the same manner as provided in this section
for additional designs, plans, and specifications.
If the board of public works considers none of the designs, plans, and
specifications suitable, the board may not award the premiums. Any
premium awarded to the architect who becomes the supervising
architect in building the World War memorial shall be considered
fully paid by the commission or percentage agreed upon as specified
in this chapter.
(f) In the selection of designs, plans, and specifications, the board
of 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 for
competition.
(3) One (1) contractor in good standing in the contractor's
respective vocation.
(4) Other disinterested expert assistants as the board considers
wise.
(g) The board of public works shall give the designs, plans, and
specifications that have been submitted a thorough, critical
examination and direct the experts called under subsection (f) to
thoroughly examine the designs and specifications and carefully test
the 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 in
regard to permanence and appearance, adapted to all the
purposes and aims for the World War memorial, and in keeping
with the dignity of the city;
the board of public works may select the most meritorious of the
designs, plans, and specifications and shall notify the successful
architect of the selection. The board of public works shall return the
rejected 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 made
in the designs, plans, and specifications in the progress of the work:
(1) must be agreed upon in advance between the board of public
works and the contractor and architect; and
(2) must have the cost of the changes fixed by contract in
writing.
If changes made do not comply with subdivisions (1) and (2), the
person 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 of
the World War memorial as prescribed in this chapter.
(c) Any changes do not affect the obligation of or release any
surety on any contract or bond executed or given in connection with
the building of the World War memorial structures, but the liability
of 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 architect
in the building of the World War memorial structures is liable on the
architect'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 the
architect:
(A) violating this chapter; or
(B) neglecting the architect's duties.
(b) The architect is entitled to the compensation agreed upon in
advance.
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 the
necessary designs, plans, and specifications for construction of the
World War memorial structures as provided in this chapter, the board
of public works shall award contracts for all or any part of the World
War memorial structures to competent and reliable contractors as
provided 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 of
the structures to be constructed and of the fact that designs,
plans, drawings, and specifications are on file in the office of
the board of public works; and
(2) calling for sealed proposals for the work on a day not earlier
than thirty (30) days from the first of such publications.
(c) The board of public works shall, by order, impose conditions
upon bidders, contractors, subcontractors, and materialmen with
regard to bond and surety, guaranteeing the good faith and
responsibility of the bidders, contractors, subcontractors, and
materialmen 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 is
completed 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, the
right to cancel the contract and to award the work to others; and
(2) at least ten percent (10%) from payments or estimates on
work in progress until the contract is completed and the work
done is inspected and accepted by the board.
(e) Payment by the board of public works, partial or final, may not
be construed as a waiver of defective work or materials or as a
release for damages on account of the defective work or materials. A
surety may not be released from any obligation on the surety's bond
if a contractor should be paid the whole or any part of the percentage
required to be reserved from current estimates. A surety may not be
released 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 been
authorized by an ordinance of the city's legislative body, passed and
approved under section 22 of this chapter, appropriating money to be
used 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 with
the county in which the city is located, acting through the board of
commissioners of the county, providing for the acquisition jointly by
the city and the county by purchase, donation, or condemnation of
interests in real property to be added to real property designated for
use 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 the
real property acquired jointly by the city and the county for World
War memorial and other public purposes, under the terms and
conditions stated in the contract, deed, or grant.
(c) The board of public works of a city may contract with the
county in which the city is located, acting through its board of
commissioners, providing for the acquisition by purchase, donation,
or condemnation of interests in real property and the construction of
a World War memorial suitable for the city and county and suitable
for other public purposes. If the city, through its board of public
works and mayor, wants to contract under this chapter with the
county in which the city is located for any of the purposes authorized
by this chapter, the board of public works must adopt a resolution
stating that proposal. A certified copy of the resolution must be
delivered to the board of commissioners of the county. The board of
commissioners of the county, not later than sixty (60) days after the
receipt of the resolution, shall determine by order or resolution
whether the county will join with the city in the execution of a
contract for a purpose authorized by this chapter.
(d) If the city and county determine to join in the acquisition of
interests in real property to be added to any real property designated
at any time for use by the state for World War memorial and other
public purposes as authorized by law, then the board of public works,
acting for the city with the approval of the mayor, shall execute a
contract on behalf of the city with the county, acting through its
board of commissioners. The contract must describe the real property
interests to be acquired jointly by the city and the county and the part
of the acquisition cost to be paid by the city and the part of the
acquisition cost to be paid by the county. The contract may contain
other provisions that the city and the county agree upon and that are
not inconsistent with this chapter. The contract must be executed in
duplicate and be recorded in the minutes of the proceedings of the
board of public works of the city and of the board of county
commissioners of the county.
(e) If the county and city determine to establish a joint World War
memorial, then the board of public works, acting for the city with the
approval of the mayor, shall execute a contract on behalf of the city
with the county. The contract must provide as follows:
(1) For the acquisition of real property interests and the
construction on the real property of a joint World War
memorial suitable for the county and city.
(2) For the definite and respective parts of the total cost of the
World War memorial that will be paid by the county and by the
city and the time and manner of the payments.
(3) That the acquisition of the real property 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 cost of the acquisition of the real property for
the joint World War memorial and the construction of the
memorial may not exceed the sum of the following:
(A) The amount appropriated for the memorial by the city
and by the board of commissioners of the county.
(B) Any amounts donated, contributed, or received by the
city and by the county for the purpose of the World War
memorial.
(5) That the necessary cost and expenses for the management,
maintenance, repairs, and improvement of the World War
memorial shall be paid by the county and city in the same
proportion that they contribute to the establishment of the
memorial.
(6) Any other provisions that may be agreed upon between the
county and the city consistent with this chapter.
(f) The city shall pay for its part due under any contract executed
with the county under this chapter either from the city's general funds
or from the proceeds of bonds sold under this chapter.
(g) The legislative body of the city may authorize by ordinance
the sale of bonds of the city for the purpose of raising funds to pay
the city's part of the cost under a contract that it executes with the
county under this chapter.
(h) The sale of bonds shall comply with a contract executed by a
city with the county in which the city is located for any purpose
authorized by this chapter, and the levy of taxes to pay the bonds,
with interest accruing on the bonds, is governed by this chapter. The
legislative body of the city and other proper officers shall sell the
necessary bonds and levy and collect the necessary taxes to pay the
bonds as they mature and the interest accruing on the bonds as
provided 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 enters
into a contract with the county in which it is located to establish a
joint city and county World War memorial, there is established a
board of trustees that consists of five (5) members, named "Trustees
of the World War Memorial for the County ____________ and the
city of ______________", giving the name of the county and the
name 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 of
three (3) years. The trustees shall be appointed by the board of
commissioners for a term of three (3) years.
(b) The trustees shall be selected without regard to their political
affiliations, but not more than three (3) trustees may be members of
the same political party. The mayor may not appoint more than one
(1) trustee from any political party, and the board of commissioners
may not appoint more than two (2) trustees from any political party.
The trustees must be persons of high standing and character. The
trustees shall serve without compensation but may be reimbursed for
any reasonable expenses necessarily incurred by them in the
performance of their duties.
(c) The judge of the circuit court may, for just cause, based upon
written 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 the
member and a public hearing. In case of a vacancy caused by
removal or otherwise, the mayor or board of commissioners making
the original appointment shall appoint some qualified individual to
fill the unexpired term.
(d) Each trustee shall execute a bond to the county and city in the
sum of five thousand dollars ($5,000), conditioned for the faithful
performance of the trustee's duties as trustee, with surety approved
by the judge of the circuit court. Each of the trustees shall take and
subscribe an oath that the trustee will:
(1) support the Constitution of the United States and the
Constitution 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 established
under this chapter, the following apply:
(1) The board of trustees established by this chapter for that
purpose has all the powers and may perform all the duties in
relation to the acquisition of the real property and the
construction of the joint county and city World War memorial
as is conferred upon a board of commissioners erecting a county
World War memorial.
(2) All money appropriated by the city and the county for the
World War memorial shall be disbursed upon estimates
submitted by the board of trustees and certified to the proper
officers of the city and the proper officers of the county for the
respective proportions as provided in the contract between the
city and county. Upon these certifications, the proper city and
county officers shall draw warrants to pay the amounts
certified.
(f) A board of trustees may not be established under this section
if the city enters into a contract with the county in which it is located
to join the county in acquiring interests in real property to be
dedicated by the city and the county and added to real property that
may be designated by the state for World War memorial and other
public 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 city
or acting jointly with the board of commissioners of the county in
which the city is located, may proceed under IC 32-24 and has all
powers of eminent domain granted in this chapter or any other statute
to acquire interests in real property by purchase or condemnation for
any of the purposes authorized by this chapter.
(b) Before the board of public works may purchase an interest in
real property, either by the city or jointly by the city and the county
in which it is located:
(1) the board of public works;
(2) the board of trustees, as provided in section 12 of this
chapter; or
(3) the board of public works acting jointly with the board of
commissioners of the county in which the city is located;
must have the real property appraised at its true cash value by at least
one (1) disinterested freeholder of the city and two (2) disinterested
appraisers licensed under IC 25-34.1 who are residents of Indiana
and may not pay more than the appraised value for any interest in
real property. One (1) of the licensed appraisers must reside not more
than fifty (50) miles from the property. If an owner refuses to sell the
owner's interest in real property at the appraised value, the interest in
real property must be acquired by condemnation. The legal
department of the city shall conduct all necessary proceedings for the
purchase or condemnation of an interest in real property by the city
and county jointly, for any purpose under this chapter, without
additional compensation.
(c) If a city institutes proceedings to condemn an interest in real
property under this chapter, the suit must be brought in the name of
the city by the legal department of the city, without additional
compensation, at the direction of the board of public works. If there
is a joint condemnation of an interest in real property by a city and
the county in which it is located, the suit must be brought in the name
of 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 board
of county commissioners of the county. The city or the city and
county jointly may:
(1) join in one (1) action as defendants the owners and all
persons interested in one (1) or more interests in real property
to be condemned; or
(2) institute proceedings to condemn separate interests in real
property.
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 in
which it is located in the acquisition of interests in real property as
provided in this chapter to be added to real property designated by
the state for World War memorial and other public purposes, as
provided in this chapter, the city, through its board of public works,
with the approval of the mayor, may execute proper deeds, grants, or
contracts with the state through the state's proper officers having the
custody and control of the state World War memorial, by which the
real property acquired by the city or by the city and the county jointly
is conveyed to the state for World War memorial and other public
purposes, as authorized by this chapter. The deed, grant, or contract
must provide for the use by the city or by the city and county jointly
of the memorial grounds and structures and that the grounds and
structures shall be a city World War memorial to the extent of the
money appropriated and used by the city in the acquisition of the
grounds 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 of
any structure or any part of a structure constructed by the city, with
or without rent or charge, to any organization of soldiers, sailors,
marines, and others as a place or places of their meetings and
headquarters, for the time and upon the conditions as the board of
public works may determine. The board of public works may also
grant the use of the structure for any other lawful public purpose not
inconsistent with this chapter for which the structure may be suitable,
either with or without rent or charge, as the board of public works
determines.
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 bequests
for use by the board of public works for the purposes of this chapter.
Any money received by the city may, without appropriation by the
city's legislative body, be used for the purposes for which the money
was 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 War
memorial
Sec. 17. (a) If a city acquires real property for any of the purposes
provided for in this chapter or joins with the county in which the city
is located in the acquisition of real property for any of the purposes
provided for by this chapter:
(1) the city, through its board of public works with the approval
of the mayor; or
(2) the city, through its board of public works with the approval
of the mayor, acting jointly with the board of commissioners of
the county in which the city is located;
may grant the use of any real property or buildings and
improvements on the real property to any organization of soldiers,
sailors, or marines of the United States and others with or without
rent or charge, upon the conditions as may be determined.
(b) The city, or the city and county, acting as provided in this
section, may sell the buildings and improvements on any real
property acquired under this chapter.
(c) The net rent or proceeds of the sale of the buildings and
improvements, after deducting an amount sufficient to pay for the
maintenance and repair of the buildings and improvements, must be
deposited as follows:
(1) In the city World War memorial fund if the World War
memorial was acquired by the city.
(2) In the city World War memorial fund and in the county
World War memorial fund if the World War memorial was
acquired by the city and county jointly. The money shall be
deposited in the respective funds in the same proportion that the
city and county contributed to the acquisition of the World War
memorial.
(d) The city, or the city and county acting as provided in this
chapter, may convey any real property acquired under this chapter to
the state and provide in the contract with the state as to the rent of the
buildings and improvements on the real property until necessary to
remove the buildings and improvements and for the sale of the
buildings and improvements if the real estate is needed by a board of
trustees established under this chapter for World War memorial and
other public purposes. The contract must provide how the net rent or
proceeds 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 the
recommendation of the mayor and city controller, if applicable, of
the city, instead of selling bonds as provided in section 5 of this
chapter, 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) years
after the date of the issuance of the bonds.
If the bonds are issued for a period longer than five (5) years, at least
two percent (2%) of the total issue of the bonds must mature each
year after the fifth year, and the balance must mature and be paid or
refunded not later than ten (10) years after the date of issuance.
(b) Bonds issued under this section, the taxes to pay the bonds as
they mature, and interest accruing on the bonds must be levied in
accordance with sections 5 and 6 of this chapter.
(c) The city's legislative body may refund bonds sold under this
section with other bond issues in accordance with section 5 and other
provisions of this chapter relating to the sale of bonds. The city's
legislative body may name the date when the first series of refunding
bonds is due. However, the due date of the first series due may not
be 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 War
memorial, a city's board of public works or the 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 to the extent the powers and duties conferred in
IC 10-18-1 are not inconsistent with this chapter. However, this
chapter does not authorize a city's board of public works or a board
of trustees of a joint county and city World War memorial to employ
a 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 of
this chapter or to prevent the levy or collection of taxes under this
chapter.
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 county
and city World War memorial;
for any purpose authorized by this chapter is exempt from taxation
for 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 this
chapter, the legislative body must adopt an ordinance that must be in
substance 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 for
approval. If the ordinance is approved by the mayor, the city clerk
shall give notice of the adoption of the ordinance by the publication
of 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, and
do everything necessary to implement this chapter.
(c) If a city issues bonds under this chapter and the bonds must be
refunded, the city's legislative body is not required to adopt an
ordinance for that purpose.
(d) A city's rights and powers under this chapter are not exhausted
by being exercised one (1) or more times, but are continuing rights
and powers. A subsequent exercise of power under this chapter by a
city does not require the city's legislative body to adopt an ordinance.
A city that wants to act a subsequent time to implement this chapter
may proceed, acting through its board of public works, with the
approval of its mayor, when money has been appropriated for the
action by an ordinance passed by the city's legislative body and
approved by the mayor, without complying with any other law
relating to appropriations and budgets except for section 3 of this
chapter.
(e) A taxpayer aggrieved by an action under this section may
appeal 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 of
the board. The cause of action shall be tried de novo.
As added by P.L.2-2003, SEC.9.