§ 10-18-3-12 — Tax exemption; establishing memorial and board of trustees

(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.
[Pre-2003 Recodification Citation: 10-7-5-12.]

Legislative History

As added by P.L.2-2003, SEC.9.