reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 3. City and County War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-5-16.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 3. City and County War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-5-17.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 3. City and County War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-5-18.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 3. City and County War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-5-19.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 3. City and County War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-5-20.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 3. City and County War Memorials › 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. Except as provided in section 22 of this chapter, 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.
[Pre-2003 Recodification Citation: 10-7-5-21.]
As added by P.L.2-2003, SEC.9. Amended by P.L.6-2017, SEC.2.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 3. City and County War Memorials › 10-18-3-22. Authority to Sell or Donate War Memorials

Sec. 22. (a) As used in this section, "fiscal body" has the meaning set forth in IC 36-1-2-6.
(b) The fiscal body of a city or county maintaining a memorial under this chapter may by ordinance authorize the sale or donation of the memorial to an organization that is exempt from federal income taxation under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code. An organization that acquires a memorial under this section shall continue to operate and maintain the property as a memorial. Ownership of the memorial reverts to the city or county if the acquiring organization:
(1) determines that it is unable to continue operating the property as a memorial; or
(2) is dissolved or otherwise ceases to exist.
(c) In the case of a memorial jointly maintained by a city and a county, the city and county may authorize the sale or donation of the memorial under this section through ordinances adopted by the fiscal bodies of the city and county authorizing an interlocal agreement.
As added by P.L.6-2017, SEC.3.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-18.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-1.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-2.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-3.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-5.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-7.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-8.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 10-18-4-10. Contracts; Publication of 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 in accordance with subsection (c) 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 notice shall be published for at least three (3) weeks:
(1) with each publication of notice in a newspaper of general circulation, printed and published in the English language in the city; or
(2) with the first publication of notice in a newspaper described in subdivision (1) and the two (2) subsequent publications of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the city.
(d) 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.
(e) 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.
(f) 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.
[Pre-2003 Recodification Citation: 10-7-6-9.]
As added by P.L.2-2003, SEC.9. Amended by P.L.152-2021, SEC.12.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-12.]
As added by P.L.2-2003, SEC.9. Amended by P.L.113-2006, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-13.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-14.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-15.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-16.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-17.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-19.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-20.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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.
[Pre-2003 Recodification Citation: 10-7-6-21.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 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, superior court, or probate 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.
[Pre-2003 Recodification Citation: 10-7-6-23.]
As added by P.L.2-2003, SEC.9. Amended by P.L.84-2016, SEC.60.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 4. City War Memorials › 10-18-4-23. Authority to Sell or Donate City War Memorials

Sec. 23. (a) As used in this section, "fiscal body" has the meaning set forth in IC 36-1-2-6.
(b) The fiscal body of a city maintaining a memorial under this chapter may by ordinance authorize the sale or donation of the memorial to an organization that is exempt from federal income taxation under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code. An organization that acquires a memorial under this section shall continue to operate and maintain the property as a memorial. Ownership of the memorial reverts to the city if the acquiring organization:
(1) determines that it is unable to continue operating the property as a memorial; or
(2) is dissolved or otherwise ceases to exist.
As added by P.L.6-2017, SEC.4.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 5. Township Memorials › 10-18-5-1. Authority to Receive Monument or Memorial as Public Property

Sec. 1. A township trustee may receive as public property a monument or memorial built:
(1) in the township;
(2) in honor of the township's soldiers or marines; and
(3) by the people with public donations;
if the people of the township want to give the monument or memorial to the township.
[Pre-2003 Recodification Citation: 10-7-8-1.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 5. Township Memorials › 10-18-5-2. Care and Repair of Monument or Memorial

Sec. 2. Except as provided in section 3 of this chapter, the township trustee shall care for and repair a monument or memorial described in section 1 of this chapter with township money.
[Pre-2003 Recodification Citation: 10-7-8-2.]
As added by P.L.2-2003, SEC.9. Amended by P.L.6-2017, SEC.5.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 5. Township Memorials › 10-18-5-3. Authority to Sell or Donate Township Memorials

Sec. 3. (a) As used in this section, "fiscal body" has the meaning set forth in IC 36-1-2-6.
(b) The fiscal body of a township maintaining a memorial under this chapter may by resolution authorize the sale or donation of the memorial to an organization that is exempt from federal income taxation under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code. An organization that acquires a memorial under this section shall continue to operate and maintain the property as a memorial. Ownership of the memorial reverts to the township if the acquiring organization:
(1) determines that it is unable to continue operating the property as a memorial; or
(2) is dissolved or otherwise ceases to exist.
As added by P.L.6-2017, SEC.6.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 6. Veterans Associations › 10-18-6-1. Requirements; Purposes

Sec. 1. A veterans association established under this chapter must meet the following requirements:
(1) The association must be formed by at least three (3) individuals who:
(A) served in the military or naval forces of the United States during any war or campaign; and
(B) are residents of Indiana.
(2) The association must have written articles of association that comply with the requirements under this chapter.
(3) The association must be formed for any of the following purposes:
(A) To acquire, own, maintain, and administer homes, assembly halls, or schools.
(B) To provide care, protection, education, and general welfare for indigent and helpless soldiers, sailors, marines, or nurses who served in the military or naval forces of the United States and their widows, orphans, half-orphans, and other soldiers, sailors, or marines.
(4) The association must be formed for charitable and educational purposes and operated as a nonprofit association.
[Pre-2003 Recodification Citation: 10-7-11-1.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 6. Veterans Associations › 10-18-6-2. Articles of Association

Sec. 2. The articles of association must specify the following:
(1) The corporate name of the veterans association.
(2) The object of the association, with the proposed plan of doing business.
(3) The city or town and county of the principal place of business of the association.
(4) The term of existence of the association.
(5) The names of the association's directors or trustees who are to serve for the first year and until the directors' or trustees' successors take office.
[Pre-2003 Recodification Citation: 10-7-11-2.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 6. Veterans Associations › 10-18-6-3. Filing Articles of Association; Association Powers

Sec. 3. (a) The articles of association must be filed with the secretary of state, and a copy must be filed with the county recorder of the county where the veterans association's principal place of business is located.
(b) After the articles of association are filed with the secretary of state and county recorder, the veterans association is a body politic and corporate, with the following powers:
(1) To sue and be sued in the veterans association's corporate name.
(2) To acquire property, real and personal, by gift, devise, bequest, and purchase.
(3) To use, lease, or dispose of personal or real property that furthers the purposes of the association.
(4) To borrow money and to issue notes, bonds, or other usual forms of securities.
(5) To secure the payment of the veterans association's obligations by mortgages or deeds of trust upon the veterans association's real or personal property.
[Pre-2003 Recodification Citation: 10-7-11-3.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 6. Veterans Associations › 10-18-6-4. Bylaws

Sec. 4. A veterans association established under this chapter must include the following provisions in the association's bylaws:
(1) The election or appointment of the veterans association's officers.
(2) The admission of veterans association members or other persons to the association's homes, assembly halls, or schools.
(3) The expulsion of members and other individuals when it is in the best interest and welfare of the veterans association's homes, assembly halls, and schools.
[Pre-2003 Recodification Citation: 10-7-11-4.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 6. Veterans Associations › 10-18-6-5. Employment of Teachers or Attendants

Sec. 5. If allowed by the veterans association's bylaws, an association established under this chapter may employ teachers or attendants.
[Pre-2003 Recodification Citation: 10-7-11-5.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-1. Purposes

Sec. 1. At least six (6) residents of Indiana may voluntarily associate themselves into a memorial corporation for the following purposes:
(1) To perpetuate the memory of soldiers and sailors.
(2) To hold meetings and conduct ceremonies.
(3) To decorate, beautify, maintain, protect, improve, enlarge, and enhance the conveniences of graves, cemeteries, and places for keeping the bodies of deceased persons.
[Pre-2003 Recodification Citation: 10-7-12-1.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-2. Powers

Sec. 2. A memorial corporation established under this chapter has the following powers:
(1) To hold meetings, conduct ceremonies, and decorate graves and burial places.
(2) To erect and pay the expenses for monuments and memorials.
(3) To receive and hold donations, gifts, devises and bequests, and funds produced by taxation and real and personal property.
(4) To purchase, hold, lease, mortgage, hypothecate, and sell real estate and personal property.
(5) To take real or personal property by will.
(6) To take or hold real or personal property in trust and manage the property as set forth in the instrument creating the trust, in a manner that is not inconsistent with the uses provided in this chapter.
(7) To invest the funds belonging to the corporation and loan and invest the money owned or held by the corporation.
(8) To sue and be sued in all matters necessary to carry out the provisions of this chapter.
[Pre-2003 Recodification Citation: 10-7-12-2.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-3. Officers; Treasurer's Bond; Election of Officers; Corporation's Books

Sec. 3. (a) The officers of a memorial corporation must include the following:
(1) President.
(2) Vice president.
(3) Secretary.
(4) Treasurer.
(5) Three (3) trustees.
(b) All officers serve without pay except the secretary, whose compensation shall be fixed by a majority of the trustees.
(c) The offices of secretary and treasurer may be held by the same person.
(d) The term of each officer is for one (1) year and until the officer's successor is elected and qualified.
(e) The treasurer shall give bond in a sum double the amount of all money and securities that may come into the possession of the treasurer. The amount of the bond must be approved by the trustees.
(f) Each officer must be elected by a majority vote cast by the owners of the stock. A vote may not be cast by proxy or by an agent of the owner. Elections shall be held at 2 p.m. on the first Tuesday of April of each year at the office of the secretary. However, an election may be held at another convenient place if the election is designated in a notice signed by not less than two (2) trustees and published at least one (1) week before the election in the weekly newspaper printed and published nearest to the place of the election.
(g) A special election may be held for all vacant offices if a notice is signed by all the trustees and the notice is published at least one (1) week before the election in a weekly newspaper printed and published nearest to the place of the election. The notice must specify the time and place of the election and all the officer vacancies that can be filled.
(h) The books of the memorial corporation shall be kept at the office of the secretary.
[Pre-2003 Recodification Citation: 10-7-12-3.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-4. Use of Property

Sec. 4. All property owned or held by the memorial corporation constitutes a permanent fund to be owned, held, used, and operated solely for the purposes set forth in sections 1 and 2 of this chapter and not for the gain or for the personal benefit of any person, corporation, or association.
[Pre-2003 Recodification Citation: 10-7-12-4.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-5. Authority to Hold and Manage Funds in Trust; Trusts Created by Will

Sec. 5. (a) A memorial corporation organized under this chapter may hold and manage funds, money, or property in trust for any person or for any purpose expressed in the terms of the trust. However, the trust must be for some of the purposes or objects set forth in sections 1 and 2 of this chapter.
(b) A person competent to make a will may create a trust under this section.
[Pre-2003 Recodification Citation: 10-7-12-5.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-6. Nonsectarian and Nondiscriminatory Requirements

Sec. 6. The money, property, or income owned or held by a memorial corporation organized under this chapter may not be owned, held, or used to promote the interest or teachings of a specific church, sect, school, or creed. However, the memorial corporation may not discriminate against an individual or organization because of religious beliefs.
[Pre-2003 Recodification Citation: 10-7-12-6.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-7. Issuing Stock; Stock Transfer; Canceled Stock

Sec. 7. (a) The stock of a memorial corporation consists of one (1) share for each five dollars ($5) of the permanent fund belonging to the corporation. The secretary of the memorial corporation shall issue to any person paying money into, or in any manner augmenting, the permanent fund of the corporation a certificate of stock for each five dollars ($5) in money or property in value. Each stock certificate must be signed by the president and attested by the secretary.
(b) Every share of stock that is issued is entitled to one (1) vote in the election of officers. However, the vote must be cast by the owner of the stock in person and not by an agent or a proxy.
(c) Stock in a memorial corporation may be assigned by the owner or transferred by will. If the owner of any share of the stock dies without having disposed of the stock by a will, the stock held by the deceased owner is canceled. Canceled stock is referred to as "dead stock", and all other stock is referred to as "active stock", and only the owners of active stock may participate in election of officers of the memorial corporation.
[Pre-2003 Recodification Citation: 10-7-12-7.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-8. Board of Trustees' Duties

Sec. 8. The board of trustees of a memorial corporation shall do the following:
(1) Conduct the prudential affairs of the memorial corporation.
(2) Vote on the loans, investments, purchases, sales, and the policy and manner of conducting the affairs of the corporation.
(3) Keep all the money loaned, invested, or in some manner active and bring into the treasury funds to carry out the spirit and letter of this chapter.
[Pre-2003 Recodification Citation: 10-7-12-8.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-9. Perpetual Existence; Stock and Property Not Taxable

Sec. 9. (a) The existence of a memorial corporation organized under this chapter is perpetual.
(b) The permanent fund of a memorial corporation is perpetual and may not be reduced for any purpose. The income from the investment of a memorial corporation's permanent fund may be used only for purposes allowed in this chapter.
(c) The stock and property of a memorial corporation is nontaxable.
[Pre-2003 Recodification Citation: 10-7-12-9.]
As added by P.L.2-2003, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 18. War Memorials › Chapter 7. Memorial Corporations › 10-18-7-10. Bylaws

Sec. 10. The officers and trustees of a memorial corporation may adopt bylaws for the guidance and conduct of the memorial corporation's affairs as the officers and trustees consider proper. However, the bylaws may not conflict with this chapter.
[Pre-2003 Recodification Citation: 10-7-12-10.]
As added by P.L.2-2003, SEC.9.