of by common council be subject to use for the purposes for which they were donated under this act for such city world war memorial and for joint city and county world war memorial and for the acquisition by such city or by such city and the county jointly of real estate and interests therein to be dedicated, set apart and added to any real estate that may have been or may be hereafter designated for use or dedicated or set apart by the State of Indiana for world war memorial and other public purposes, as provided in this act.

1009611. Buildings acquired, use, rent, sale.-16. In the event any city acquires any grounds or real estate for any of the purposes provided for in this act, or joins with the county in which it is located, in the acquisition of any ground or real estate for any of the purposes provided for by this act, then such city by and through its board of public works, with the approval of the mayor, or such city by and through its board of public works, with the approval of the mayor, acting jointly with the board of commissioners of the county in which such city is located, as the case may be, shall have the right to grant the use of any real estate or buildings and improvements thereon so acquired to any organization of soldiers, sailors and marines of the United States and others, for rent or charge, or without rent or charge, upon terms and conditions as may be determined, and such city or such city and county, as the case may be, acting as provided in this section, shall have the right to sell the buildings and improvements on any real estate so acquired, under this act, and the net rent or proceeds of the sale of such buildings and improvements, after deducting an amount sufficient to pay for the maintenance and repair of such buildings and improvements, shall be added to and become a part of such city world war memorial fund, when acquired by the city, or shall be added to such city world war memorial fund, and such county world war memorial fund, if acquired by such city and county jointly, in the same proportion that such city and county contributed to the acquisition thereof, or such city or such city and county acting as herein provided shall have the right to convey any real estate so acquired to the State of Indiana, and provide in the contract with the state, as to the rent of such buildings and improvements thereon, until necessary to remove the same and for the sale of such buildings and improvements whenever such real estate is needed by said board of trustees, for world war memorial and other public purposes, and such contract shall provide how such net rent or proceeds shall be applied. 10096j1. Loans and bonds, interest.-17. The common council of any city is hereby given authority, upon the recommendation of the mayor and city controller of such city, instead of making a loan or loans as provided in section 4 of this act, to make a loan or loans for

a period of not longer than ten years, for any of the purposes authorized by this act, at a rate of interest not exceeding six per cent (6%) per annum, payable semi-annually, said loan to be evidenced by the bonds of said city, which shall be payable at their maturity, and in no event later than ten years after the date of such issue. If said bonds are issued for a period longer than five years, then at least one-fiftieth of the total issue of such bonds shall mature each year after the fifth year, and the balance thereof shall mature and be paid or refunded not later than ten years after the date of such issue, said bonds to be issued and the taxes to pay the bonds as they mature and interest thereon to be levied in accordance with the foregoing provision of this act, and the common council of said city is hereby given authority to refund said loan or loans with another bond issue or issues in accordance with the terms and provisions of section 4 and other provisions of this act, relating thereto, except that the council shall have the right to name the date when the first series of said refunding bonds shall be due, provided that the first of said series shall not be for a longer period than five years from the date of issue.

10096k1. Cities with no board of public works, duty of council.18. In cities having no department or board of public works, the common council of such cities shall have the powers and perform the duties provided in this act for the department or board of public works.

1009611. Board of public works, duties conferred on.-19. There is hereby conferred upon such board of public works in the establishment and maintenance of such world war memorial and upon such board of trustees of a joint county and city world war memorial in the establishment and maintenance thereof, all the powers and duties conferred upon "trustees of the Indiana world war memorial", under and pursuant to the provisions of an act of the general assembly of the State of Indiana, entitled: "An act providing for an Indiana world war memorial to be located at Indianapolis, creating a board of trustees, defining its powers and duties, providing the dedication of certain real estate and interests therein described for memorial purposes, providing for limiting the use and for the control and regulation of real estate contiguous thereto, the levying of state taxes and the appropriation of money for use by said board of trustees in the erection and maintenance thereon of suitable structures to commemorate the valor and sacrifice of soldiers, sailors and marines of the United States, of all patriotic organizations, and all others who rendered loyal service and made sacrifices at home and overseas in the great world war, and to provide a place or places of meetings and headquarters for organizations of such soldiers, sailors and marines, of all patriotic organizations, and others, and for public meetings and

other public purposes, and exempting the same from taxation, and declaring an emergency"; approved August 2, 1920; in so far as said powers and duties are not inconsistent with the provisions of this act, except that no authority is hereby conferred to employ a secretary. See sections 10096a to 10096s, Act 1920, p. 174. 10096m1. Suits to enjoin, limitation.-20. No suit to enjoin the enforcement of this act or to prevent the levy or collection of taxes pursuant to its provisions shall be commenced after sixty days from the date when this act becomes effective.

10096n1. Exemption from taxation.-21. All property of every nature and kind constituting such city world war memorial or such joint county and city world war memorial or used in connection therewith, or acquired by such city or jointly by such city and such county for any purpose authorized by this act shall be exempt from taxation for all purposes.

1009601. Application of act.-22. This act shall not be construed to repeal any existing law: Provided, however, That any city shall have a right to proceed under this act without complying with any other existing statute.

10096p1. Validity of act.-23. Should any section, sub-section, paragraph or sentence of this act be held unconstitutional or invalid. such decision or decisions shall not affect the validity of the remaining portion of this act.

10096q1. Declaratory resolution, remonstrance, election, bonds.— 24. Whenever any city by and thru its common council desires to carry out any or all of the purposes of this act, such common council shall adopt a declaratory resolution which resolution shall be in substance as follows:

BE IT RESOLVED, by the common council of the city of... that said city should proceed alone or jointly with county in which it is located to carry out the purposes of this act referring to this act by title, which resolution shall be submitted to the mayor of such city for his approval. If such resolution is approved by the mayor, notice of the adoption of such declaratory resolution shall be given by the city clerk of such city by the publication of such declaratory resolution in full in at least three newspapers printed and of general circulation in such city by two insertions published at least a week apart. Within thirty days after the date of the second publication of said declaratory resolution any qualified voter of said city shall have a right to file with the city clerk of said city a written remonstrance against said declaratory resolution duly signed in ink by said voter in person which remonstrance shall give the residence, sex and state that the signer is a qualified voter of such city. Any person signing any such remonstrance who is not a qualified voter of such

city shall be guilty of the same offense as casting an illegal vote and shall be punished accordingly. More than one voter may sign the same remonstrance. If within thirty days after the second publication of said declaratory resolution remonstrances shall have been filed, signed by at least five (5) per cent of the qualified voters of such county against such declaratory resolution, then the common council of such city by ordinance duly passed and approved by the mayor, shall cause said declaratory resolution to be submitted to the qualified voters of such city at a general city election, or at a special city election, to be held for that purpose, of which election previous notice shall be given by publication once each week for two consecutive weeks in not less than two newspapers printed and of general circulation in such city. The second of which publications shall be at least thirty days prior to the date fixed for such election. The ballots for such election shall have printed thereon in separate lines the following phrases: "For Declaratory Memorial Resolution No. ......." and "Against Declaratory Resolutions No. ... designating the number of the resolution submitted, or other similar phrases by which the voter may effectually express his or her choice upon the question submitted, and each phrase shall have printed to the left thereof a voting square by marking in which square a cross, thus X, the voter may express his or her choice.

Any such election shall be governed otherwise by the general election laws of the State of Indiana so far as applicable. If a majority of the votes cast at such election by [be] opposed to such declaratory resolution then such city shall have no authority to proceed under said declaratory resolution as contemplated in this act. If, however, a majority of the votes cast at such election be in favor of such declaratory resolution, such city shall have the right to appropriate money, issue bonds, levy taxes, all as provided in this act, and do everything that may be necessary to carry out the purpose of this act. Provided, however, That in determining the majority of votes cast for or against said declaratory resolution only the votes actually cast for or against such declaratory resolution shall be counted. In the event remonstrances duly signed by at least five (5) per cent of the qualified voters of such city are not filed with the city clerk of such city within thirty days after the second publication of said declaratory resolution as herein provided, then and in that event, said city shall have the right to carry out the purposes of this act without submitting such resolution to the qualified voters of such city at an election as provided in this act. In the event such city desires to join with the county in which it is located for all or any of the purposes authorized by this act, and an election shall have been called by the county in which city is located for the purpose of submitting to the

qualified voters of such county a declaratory memorial resolution of such county and such city jointly, then the common council of such city may provide if a city election is required, as provided in this act, that it shall be held on the same day as the county election and that the county election officials for such election shall act as city election officials for such election, without additional compensation. Such city shall pay to such county a sum equal to one half of the cost of such election in such city other than the printing of ballots and supplies. Provided That any precinct which is partly within such city and partly without such city the voter who does not live within such city shall not be entitled to receive or vote a city ballot. The election officers shall make separate county election returns and separate city election returns as now provided by law.

Provided further That if any bonds are issued under this act by any city and the same have to be refunded as provided in this act, then, and in that event, it shall not be necessary for the common council of such city to adopt a declaratory resolution and submit the same to the qualified voters of such city.

[Acts 1921, p. 707. In force March 11, 1921.]

10096r1. World War Memorials-Counties and cities-Grounds and buildings.-1. Any county of the State of Indiana is hereby authorized, acting by and through its board of commissioners, to acquire by purchase, donation or condemnation, suitable real estate and interests therein in such county, and to erect and maintain thereon 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 or overseas in the great world war, and to provide a place or places of meetings and headquarters for organizations of such soldiers, sailors and marines, or any other patriotic societies or associations and for the keeping of records, archives, documents, flags, mementoes and relics, and for other public meetings, and for other public purposes, and in order to inculcate a true understanding and appreciation of the duties, benefits and privileges of American citizenship and 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, and for such world war memorial and other public purposes, any county in addition to the powers hereinbefore conferred shall have the right and is hereby given the power:

1. To acquire by purchase, donation or condemnation, grounds, real estate and interests therein, to be dedicated and set apart by such county and added to any real estate that may have been or may be