TITLE 4
COUNTY ADMINISTRATION

ARTICLE 1
COUNTY COMMISSIONERS

Chapter 1
Provide for the Payment of
Membership Dues to Organizations

Provide for the Payment of Membership Dues to Organizations.  WHEREAS, the Indiana General Assembly has adopted a policy to grant local units of government all the powers that they need for the effective operation of government as to local affairs through Indiana Code 36-1-3-2; and

WHEREAS, participation in certain membership organizations provides information and services that are necessary for the efficient operation and betterment of local government;

THEREFORE, BE ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, THAT;

The Board of Commissioners is authorized to budget, and the County Council is authorized to appropriate funds from the General Fund to provide membership for the county to the state association which is of a civic, educational or governmental nature, which has as their purpose the betterment and improvement of county government operation and

The Board of Commissioners is further authorized to budget and the County Council is further authorized to appropriate funds to pay the expenses of duly authorized representatives to attend the meetings and functions of organizations to which the county belongs.

(Ord. 82-4, passed September 7, 1982)

Chapter 2
Special Claims

Special Claims.  WHEREAS, the DeKalb County Commissioners approve claims for payment by DeKalb County, Indiana;

WHEREAS, the DeKalb County Auditor assists the DeKalb County Commissioners in processing claims;

WHEREAS, on occasion some claims are ordinary customary claims with penalties or interest if not timely paid, such as monthly utility bills;

Whereas, the DeKalb County Commissioners desire to distinguish from general claims these ordinary and customary claims as "special claims," and to authorize the DeKalb County Auditor to approve and pay these special claims for and on behalf of DeKalb County before the DeKalb County Commissioners have a reasonable opportunity to review them;

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF

COMMISSIONERS OF DEKALB COUNTY, INDIANA:

SECTION 1.0 CLAIMS DISTINGUISHED: The DeKalb County Board of Commissioners (herein County Commissioner) make a distinction in claims due by DeKalb County, Indiana, as follows:

SECTION 2.0 PAYMENT OF SPECIAL CLAIMS: The DeKalb County Auditor may pay special claims as defined herein on behalf of the DeKalb County Commissioners prior to the specific special claim being approved for payment by the DeKalb County Commissioners.

SECTION 3.0 ADVERTISEMENT OF SPECIAL CLAIMS: The DeKalb County Auditor may advertise the public notice of special claims after the special claims are paid.

SECTION 4.0 EFFECTIVE DATE: This ordinance shall be in full force and effect upon passage on three readings by the DeKalb County Commissioners.

(Ord. 96-3, passed May 20, 1996)

Chapter 3
Tributes and Memorials

Tributes and Memorials.

Charles Mutzfeld Tribute.  Whereas, Charles Mutzfeld, an honored member of our County Council has passed from among us, And,

WHEREAS, Mr. Mutzfeld has served the County and Community by the exercise of the highest industry, competency and integrity.

NOW THEREFORE, Be It Resolved by the County Council of DeKalb County, Indiana that in the passing of Mr. Charles Mutzfeld the County Council and the Community have lost a faithful and valued member and citizen. That by such devotion to his duty, the said Charles Mutzfeld has well earned the gratitude and respect of all the members of the DeKalb County Council and of the citizens of' DeKalb County.

BE IT FURTHER RESOLVED, that a copy of this resolution be filed as a permanent file in the office of the Auditor of DeKalb County, and that a copy of this. resolution be sent to the family of the Deceased.

(Res. 121747, passed December 17, 1947)

Albert Habig Tribute of Respect.  Whereas, Albert Habig, an honored member of our County Council has passed from among us, And,

Whereas, Mr. Habig has served the County and Community by the exercise of the highest industry, competency and integrity,

NOW THEREFORE, Be it Resolved By The County Council of DeKalb County, Indiana that in the passing of Mr. Albert Habig the County Council and the Community have lost a faithful and valued member and citizen. That by such devotion to his duty, the said Albert Habig has well earned the gratitude and respect of all the members of the DeKalb County Council and of the citizens of DeKalb County.

Be It Further Resolved, that a copy of this resolution be filed as permanent file in the office of the Auditor of DeKalb County, and that a copy of this resolution be sent to the family of the Deceased.

Ernest E. Turner Tribute of Respect.  WHEREAS, Ernest E. Turner, an honored member of our County Council has passed from among us, and

Whereas, Mr. Turner has served the County and Community by the exercise of the highest industry, competency and integrity

NOW THEREFORE, BE IT RESOLVED, by the County Council of DeKalb County, Indiana that in the passing of Mr. E. E. Turner the County Council and the Community have lost a faithful and valued member an citizen. That by such devotion of his duty, the said E. E. Turner has well earned the gratitude and respect of all the members of the DeKalb County Council and of the citizens of DeKalb County.

BE IT FURTHER RESOLVED, that a copy of this resolution be filed as a permanent file in the office of the Auditor of DeKalb County, and that a copy of this resolution be sent to the family of the Deceased.

(Res. 091751, passed September 17, 1951)

Jesse McClellan Tribute of Respect.  WHEREAS, Jesse McClellan, an honored member of our County Council has passed from among us, and

Whereas, Mr. McClellan has served the County and Community by the exercise of the highest industry. competency and integrity.

NOW THEREFORE, Be It Resolved By The County Council of DeKalb County, Indiana, that in the passing of Mr. McClellan the County Council and the community have lost a faithful and valued member and citizen. That by such devotion to his duty, the said Jesse McClellan has well earned the gratitude and respect of all the members of the DeKalb County Council and of the citizens of DeKalb County.

BE IT FURTHER RESOLVED, that a copy of this resolution be filed as permanent file in the office of the Auditor of DeKalb County, and that a copy of this resolution be sent to the family of the Deceased.

(Res. 032362, passed March 23, 1962)

Lawrence Bowmar Honored.  WHEREAS, the DeKalb County Commissioners wish to express the gratitude of the County to Lawrence Bowmar, DeKalb County Councilman, for his years of faithful and dedicated service to the County,

NOW THEREFORE be it resolved that the DeKalb County Commissioners do hereby acknowledge the gratitude of this County for the faithful and dedicated service of Lawrence Bowmar, as a public servant to the DeKalb County government.

(Res. 011083A, passed January 10, 1983)

Gene Reinoehl Honored.  WHEREAS, the DeKalb County Commissioners wish to express the gratitude of the County To Gene Reinoehl, DeKalb County Councilman, for his years of faithful and dedicated service to the County.

NOW THEREFORE be it resolved that the DeKalb County Commissioners do hereby acknowledge the gratitude of this County for the faithful and dedicated service of Gene Reinoehl as a public servant to the DeKalb County government.

(Res. 011083B, passed January 10, 1983)

Dale M. Rakestraw Honored.  WHEREAS: Dale M. Rakestraw passed from this life to his heavenly home, Sunday, December 4, 1983 and

WHEREAS: Dale M. Rakestraw faithfully served the citizens of DeKalb County as a member of the DeKalb County Council in 1966 and

WHEREAS: Dale M. Rakestraw has been an advocate of progressive public education having served as a member of the holding corporation for the Ashley Schools and DeKalb High School and most recently on the 5-year Facility Planning Committee for the DeKalb Central United School District, and

WHEREAS: Dale M. Rakestraw has been a respected leader in his community and his church and

WHEREAS: Dale M. Rakestraw has served as a member of the board of DeKalb Memorial Hospital and the DeKalb County Free Fall Fair and as a member of the DeKalb County Sheriff''s Mounted Posse and

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners and the DeKalb County Council in honor and respect for our friend Dale M. Rakestraw order that the flag at the DeKalb County Court House be flown at half mast on Wednesday, December 7, 1983, from noon to 4:00 P.M.

AND BE IT FURTHER RESOLVED that we convey our sympathy to his wife Edna, his son Kenneth, his daughters Linda, Rita, and Carol, his sister Josephine, and his grandchildren.

(Res. 83-14, passed December 5, 1983)

Harvey Phelps Honored.  WHEREAS: Harvey Phelps passed from this life to his Heavenly Home on September 25, 1983, and

WHEREAS: Harvey Phelps served his Country in the first World War, and

WHEREAS: Harvey Phelps faithfully served as county Treasurer of DeKalb County from 1939 to 1943,

THEREFORE: The DeKalb County Commissioners extend to Grace Phelps their sincere condolence and

THEREFORE BE IT KNOWN THAT: the DeKalb County Commissioners order the flag to be lowered to half-staff between the hours of 12 noon and 4:00 P. M. on Tuesday, September 27, 1983.

(Res. 83-9, passed September 26, 1983)

Honor Arnold Milks Deceased.  The following resolution was presented to Virginia Milks, Jo Anne Holden and David Milks:

WHEREAS: Arnold R. Milks passed from this life, Wednesday, November 9, 1983.

WHEREAS: Arnold R. Milks faithfully served DeKalb County as its elected County Surveyor for twenty six years from 1951 to 1977.

WHEREAS: Arnold R. Milks was respected by his fellow public servants and the citizens of DeKalb County for his unquestioned integrity and unselfish service.

AND WHEREAS: Arnold R. Milks made a significant contribution to his community through his professional, political and fraternal activities.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners and the Drainage Board for DeKalb County convey our sincere sympathy to his wife, Virginia; his daughter, Jo Anne; his son David, his grandchildren and sisters and that the DeKalb County Commissioners order the court house flag be flown at half mast on Friday, November 11, 1983 in honor of our friend and former County Surveyor, Arnold R. Milks.

(Res. 83-12a, passed November 14, 1983)

Albert Gould Stanley.  WHEREAS: Albert Gould Stanley passed from this Life, Monday, April 16, 1984.

WHEREAS: Albert Gould Stanley served DeKalb County as its elected Recorder for eight years from 1938 to 1946.

WHEREAS: Albert Gould Stanley was respected by his fellow public servants and the citizens of DeKalb County for his unquestioned intrigued and unselfish service and

WHEREAS: Albert Gould Stanley made a significant contribution to his community through his professional political and fraternal activities.

NOW THEREFORE BE IT RESOLVED: that the Board of County Commissioners convey our sincere sympathy to his wife, Rhea, and his son, Robert, his grandchildren and his great grandchildren: that the DeKalb County Commissioners order the Court House flag to be flown at half mast on Wednesday, April 18, 1984, in honor of our friend and former County Recorder, Albert Gould Stanley.

(Res. 041684, passed April 16, 1984)

Bruce Gurnter Memorial.  WHEREAS this Board of Commissioners has suffered the loss of member Bruce Gurtner who has served his fellow citizens as teacher and public servant throughout his entire adult life, from the one room schoolhouse to the county courthouse.

WE DO NOW RESOLVE THAT in honor of this man, this teacher, this leader, this beloved companion, Bruce Gurtner, who by his guidance and example has left us with a legacy of joy that we could share his friendship, appreciate his thoughtfulness, and find honor in his integrity, and guidance from his leadership, we do hereby declare November 28, 29, and 30 as days of official mourning for our departed friend and colleague and we do direct that the flags of our country and our county be flown at half mast during these days, as a signal to all, of our respect for this man who has departed this life on Sunday November 27, 1988 and we do extend to his wife Louella, and to all of their beloved family our deepest sympathy in the loss that we share with them.

(Res. 112888, passed November 28, 1988)

Charles L. Quinn Memorial.  WHEREAS: The Honorable Charles Lewis Quinn, Judge of the DeKalb Superior Court, has departed this life on Saturday January 14, 1989 after an illustrious career as jurist and citizen, and;

WHEREAS: The loss of this servant of God and community saddens all who knew and worked with him,

NOW THEREFORE BE IT RESOLVED: That the DeKalb County Commissioners do now take this official action to express their deepest sympathy to Franklin C. Quinn and Goldie L. Quinn, surviving parents, and David F. Quinn and Vicki L. Lewis, his brother and sister.

BE IT FURTHER RESOLVED: That this resolution shall be placed in the minutes of the DeKalb County Board of County Commissioners recognizing that this executive body of this County government honors the memory of the dedication and service of Judge Charles L. Quinn.

(Res. 011689, passed January 16, 1989)

Ralph W. Bruce Memorial.  WHEREAS: Ralph W. Bruce served the citizens of DeKalb County with distinction as Clerk of the Circuit Court for two terms (1948-1956). and later as a member of the DeKalb County Election Board establishing a legacy of integrity and service.

WHEREAS: Ralph W. Bruce made a significant contribution to his community through his professional, political, and fraternal activities.

NOW THEREFORE BE IT RESOLVED: that the Board of Commissioners of DeKalb County convey our respect for the memory of Ralph W. Bruce by flying the flag of our country, state and county at half-mast on Saturday February 25, 1989 and convey on be-half of the grateful citizens of DeKalb County our sorrow at his passing to his wife, Mary, his children and his grandchildren.

(Res. 022389, passed February 23, 1989)

Charles Farrington Honored.  WHEREAS: Charles Farrington gave unselfishly of his time, wisdom and abilities to public service and community involvement throughout his life as a citizen and public servant commanding the respect and admiration of all those fortunate to share in his life.

NOW THEREFORE BE IT RESOLVED: that the Board of DeKalb County Commissioners do now wish to make a permanent record for all time that Charles Farrington was a man who made vital contributions to his community as a citizen and public servant and we do now convey to his family our deepest sympathy for the loss that we all share and we do pledge to publicly demonstrate our respect by ordering the court house flag to be flown at half-mast on the 29th day of April 1992, in memory of and to honor Charles Farrington.

Res. 042792, passed April 27, 1992)

Frank McCullough Tribute.  Whereas, Frank McCullough, an honored member of our County Council has passed from among us, and

WHEREAS, Mr. McCullough has served the County and Community by the exercise of the highest industry, competency and integrity.

NOW THEREFORE, Be It Resolved By The County Council of DeKalb County, Indiana that in the passing of Mr. Frank McCullough the County Council and the Community have lost a faithful and valued member and citizen. That by such devotion to his duty, the said Frank McCullough has well earned the gratitude and respect of all the members of the DeKalb County Council and of the citizens of DeKalb County.

BE IT FURTHER RESOLVED, that a copy of this resolution be filed as permanent file in the office of the Auditor of DeKalb County, and that a copy of this resolution be sent to the family of the Deceased

(Res. 020950, passed February 9, 1950)

Harry M. Kirkpatrick Tribute of Respect.  WHEREAS, the late Harry M. Kirkpatrick received the confidence of the voters of DeKalb County, Indiana, and

WHEREAS, said Harry M. Kirkpatrick faithfully fulfilled the trust imposed upon him by the people of DeKalb County and operated the office of Auditor efficiently and courteously and in all respects as a true public servant,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA that said board as representative of the people of DeKa1b County, Indiana, now express its appreciation for the services rendered by Harry M. Kirkpatrick as Auditor of this county and express its deep sorrow at his untimely passing.

BE IT FURTHER RESOLVED, that the secretary of this Board is directed to spread a copy of this resolution upon the minutes of this Board and to send a copy thereof to Mrs. Kirkpatrick.

(Res. 041257, passed April 12, 1957)

Marjorie Carr Honored.  WHEREAS, the DeKalb County Commissioners wish to express the gratitude of the County to Marjorie Carr, DeKalb County Auditor, for her years of faithful and dedicated service to the County;

NOW THEREFORE be it resolved that the DeKalb County Commissioners do hereby acknowledge the gratitude of this County for the faithful and dedicated service of Marjorie Carr as a public servant to the DeKalb County government.

(Res. 011083, passed January 10, 1983)

Forrest E. Landes Tribute.  Whereas, Forrest E. Landes passed from this life to his heavenly home on March 22, 1998;

Whereas, Forrest E. Landes faithfully served his government, community and church for many years;

Whereas, Forrest E. Landes served as Union Township Trustee for eight (8) years and subsequently served as Union Township Assessor for nearly eight (8) years, with his office most recently in the DeKalbCounty Court House;

Whereas, Forrest E. Landes was respected by his fellow public servants and the citizens of his community for his unselfish and decent service;

Now therefore, be it hereby resolved: That the DeKalb County Commissioners order the Court House flag to be flown at half mast onWednesday, March 25, 1998 in honor of Forrest E. Landes; and that the DeKalb County Commissioners extend their sincere sympathy to his wife Mary, and two sons, Burnell and Steven and to the grandchildren of Forrest E. Landes

Ed Shenk Tribute.  Whereas, F. Edward Shenk passed from this life to his heavenly home on July 23, 1998;

Whereas, F. Edward Shenk faithfully served his government, community and church for many years;

Whereas, F. Edward Shenk served as DeKalb County Councilman for twelve (12) years;

Whereas, F. Edward Shenk was respected by his fellow public servants and the citizens of his community for his unselfish and decent service;

Now therefore, be it hereby resolved: That the DeKalb County Commissioners order the Court House flag to be flown at half mast on Monday, August 3, 1998 in honor of F. Edward Shenk; and that the DeKalb County Commissioners extend their sincere sympathy to his wife, Audra,son, Bill and daughter, Karen and to the grandchildren of F. Edward Shenk

Chapter 4
Meeting Dates

Meeting Dates.

Establishing Meeting Date for Commissioners.  BE IT RESOLVED THAT: The DeKalb County Commissioners will meet each Monday from 9:00 A. M. to 5:00 P. M. in Commissioners Court, second floor, court house. If Monday is a holiday, they will meet on Tuesday from 9:00 A. M. until adjournment.

Each holiday, they will meet on Tuesday from 9:00 A. M. until adjournment.

(Res. 010785, passed January 7, 1985)

Establishing Commissioners Meeting Time. Be it Resolved that: DeKalb County Commissioners will meet regularly every Monday in Commissioners Court from 8:30 A.M. to 4:30 P.M. or until business is completed. If Monday is a Holiday, they meet on Tuesday between 8:30 A.M. and until business is completed. If business is not completed on the Monday or Tuesday meeting date, the Commissioners may recess until specified time.

(Res. 010587, passed January 5, 1987)

Chapter 5
Designations

Designations.

Designation of Sesquicentennial.  WHEREAS, DeKalb County was authorized by an Act of the Indiana General Assembly on February 7, 1835;

WHEREAS, by an Act of the Indiana General Assembly passed January 14, 1837, and effective May 1, 1837, DeKalb County was granted independent jurisdiction and became a full fledged county;

WHEREAS, the first meeting of the Board of Commissioners of the County of DeKalb County; WHEREAS, the year 1987 should be designated as the Sesquicentennial Year of DeKalb County;

WHEREAS, the Sesquicentennial of DeKalb County should be commemorated by a suitable publication to be entitled "Sesquicentennial History of DeKalb County;"

WHEREAS, the "Sesquicentennial History of DeKalb County" should contain a general history of DeKalb County and biographies of its citizens;

WHEREAS, John Martin Smith, DeKalb County Historian, is a knowledgeable person about the history of DeKalb County and has volunteered to author and edit the "Sesquicentennial History of DeKalb County;"

WHEREAS, DeKalb County should provide capital funds for the publication of "Sesquicentennial History of DeKalb County" as may hereafter be approved by the DeKalb County Council;

NOW, THEREFORE, it is hereby resolved by the Board of Commissioners of the County of DeKalb at its. regular meeting at the courthouse at the City of Auburn, DeKalb County, Indiana, this fourth day of February, 1985, as follows, to-wit:

Demolay Week.  WHEREAS, the ORDER OF DeMOLAY is a character building organization of young men from thirteen to twenty-one years of age, who are seeking to prepare themselves to become better citizens and leaders for tomorrow by developing those traits of character which have strengthened good men of all ages; and

WHEREAS, the organization has carried out the aforementioned goals for sixty-six years through programs of athletic competition, social activity, community service and charitable projects; and

WHEREAS, the members of CARL S. SPROTT CHAPTER will observe the year of 1985 as the 66th ANNIVERSARY OF THE ORDER so as to exemplify to all citizens here and every where their many activities and to tender recognition to their millions of Senior DeMolays:

THEREFORE, by the authority vested in me, I proclaim that MARCH 17, 1985 be observed as INTERNATIONAL DeMOLAY WEEK and call upon our citizens to join in saluting the young men of the Order of DeMolay, and in expressing our grateful appreciation for the fine examples set by them in contributing to the welfare of our community by addressing themselves to the building of good character among our youth; thereby aiding in the development of leadership for tomorrow.

(Res. 031185, passed March 11, 1985)

Chapter 6
Recognitions

Recognitions.

Recognition of Service by DeKalb County Council and DeKalb County Commissioners.  Whereas the DeKalb County Council and the DeKalb County Commissioners recognize the long and faithful service of Eleanor Sunday as nurse to the people of DeKalb County and particularly her devotion to the health and medical needs of the school children of this county, now be it resolved;

That the governing bodies of DeKalb County do honor and praise Eleanor Sunday for her devoted service to the preservation of health and attendance to the medical welfare of the people of DeKalb County and to her they give their best wishes and thanks.

(Res. 060385a, passed June 3, 1985)

Farm Bureau 75th Anniversary.  WHEREAS, The DeKalb County Farm Bureau and the Indiana Farm Bureau have a long established tradition of constructive involvement in the affairs of county government and the development of public policy; and

WHEREAS, The Farm Bureau organization effectively represent the agricultural community of DeKalb County at the local, state and federal levels; and

WHEREAS, The Farm Bureau will celebrate its seventy-fifth anniversary in Indiana at its annual convention to be held December 5 through 7, 1993 in Indianapolis;

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF DEKALB COUNTY, INDIANA:

THAT, on behalf of all citizens of DeKalb County, Indiana, congratulations be extended to the DeKalb County Farm Bureau and the Indiana Farm Bureau on the occasion of Indiana Farm Bureau's seventy-fifth anniversary; and

THAT, The Auditor of DeKalb County is authorized and directed to forward a copy of this Resolution to the Presidents of the DeKalb County Farm Bureau and the Indiana Farm Bureau.

(Res. 101893, October 18, 1993)

Sons of the American Revolution.  WHEREAS, a request has been made for a limited time/space/manner public display in the Assembly Room on the first floor of the DeKalb County Courthouse by the group or person described below,

WHEREAS, after consideration of the factors regarding the public health, safety, and sanitation and such use proposed that does not interfere with any other use of the Assembly Room, DeKalb County Courthouse, DeKalb County, Indiana;

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE DEKALB COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA: the DeKalb County Commissioners approved the proposed limited time/space/manner public display by the Seth Jewel Chapter of the Indiana Society of November 11, 1996, in the Assembly Room of the first floor of the DeKalb County Courthouse.

(Res. 96-15, passed November 11, 1996)

Chapter 7
Fees for Public Copying of Public Records

Fees for Public Copying of Public Records.  WHEREAS, the DeKalb County Auditor has requested clarification regarding copy fees for public copying of public records and:

WHEREAS, the DeKalb County Commissioners desire to treat the citizens without discrimination under the Indiana section for access to public records which is Indiana Code 1-5-14-3-1 and following:

NOW BE IT RESOLVED that the County Commissioners establish a copying fee for public records as follows:

Chapter 8
County Purchasing

County Purchasing.

Designation of Purchasing Agent.

Basic Rules on Purchasing.

Public Bidding Rules.

ARTICLE 2
COUNTY COUNCIL

Chapter 1
Lottery

Lottery.

Lottery Proceeds.  WHEREAS, Indiana's Counties, Cities and Towns all face a greater challenge each year to maintain the necessary services to their constituents, and

WHEREAS, State distributions to local governmental units continue to decline, and

WHEREAS, the loss of federal revenue sharing to local government has created a hardship, and

WHEREAS, without question the greatest value received to all taxpayers for each dollar spent is from local government.

THEREFORE, Be it resolved that the Board of County Commissioners of DeKalb County do hereby formally appeal to the legislators representing this County, namely Representative Dennis Kruse and Senators Richard Worman and Robert Meeks to actively support legislation to return at least twenty-five (25) percent of all net lottery proceeds to Counties, Cities and Towns throughout the State of Indiana.

(Res. 110689, passed November 6, 1989)

Lottery Revenue to Local Government.  WHEREAS, there is a growing need to return revenues to local units of government to replace and strengthen their basic infrastructure; and,

WHEREAS, local units elected officials are in the best position to determine the needs of their communities; and,

WHEREAS, local units of government can make the best use of resources in meeting local needs; and,

WHEREAS, much of the initial support for the creation of the Hoosier Lottery was based upon the belief that lottery funds would be used to help meet the infrastructure needs of Indiana cities, towns, and counties; and,

WHEREAS, lottery funds have instead been used to replace operating expenses in state and local budgets, forcing a reliance on an unstable source of revenues; and,

WHEREAS, the lack of availability of lottery revenues to local units of government has caused further delays in meeting local capital needs, causing further deterioration and higher long-term costs; and,

WHEREAS, many Hoosier citizens have become confused and disenchanted with the way lottery funds have been used, resulting in lower ticket sales; and,

WHEREAS, a certain and significant local return of lottery revenues would likely lead to higher ticket sales;

BE IT THEREFORE RESOLVED that the undersigned organizations call upon the Indiana General Assembly to enact, and the Governor to support, legislation to guarantee that a minimum of 25% of lottery revenues, after administration and prizes, be directly distributed to cities, towns and counties to be used for capital needs, using an impartial and equitable formula to insure that all communities share in the benefits of the Hoosier Lottery.

(Res. 110292, passed November 2, 1992)

Chapter 2
DeKalb County Council

DeKalb County Council.

ARTICLE 3
COUNTY AUDITOR

Chapter 1
Interfund Temporary Transfer

Interfund Temporary Transfer.  WHEREAS, the DeKalb County Auditor has completed the reassessment for real estate valuations for DeKalb County, Indiana, and submitted the valuations to the State Board of Tax Commissioners,

WHEREAS, the State Board of Tax Commissioners have advised the DeKalb County Auditor that the tax rate for DeKalb County cannot be set until the reassessed valuations are received from Steuben, LaGrange, and Noble Counties due to the four county tax rate of the Northeast Indiana Solid Waste Management District, and also the two County tax rate of Ashley and Hamilton regarding Steuben County, Indiana,

WHEREAS, the reassessed valuations have not yet been set for Steuben, LaGrange and Noble Counties and is not expected to be completed for all of the three counties for several weeks,

WHEREAS, DeKalb County, Indiana will need monies from sources other than tax revenues for operational expenses for the months of June and July, 1996, and possibly August, 1996,

WHEREAS, DeKalb County has cumulative funds for County bridges, the County jail, and capital development from which DeKalb County may legally borrow to provide necessary operational and appropriated expenses of DeKalb County until the tax revenues are received,

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE DEKALB COUNTY COUNCIL OF DEKALB COUNTY, INDIANA:

Pursuant to Indiana Code Section 36-1-8-4, in order to provide the necessary cash flow for DeKalb County because the 1996 property tax rate has not been approved by the Indiana State Board of Tax Commissioners, the DeKalb County Council grants permission for the DeKalb County Auditor to transfer up to two million dollars ($2,000,000.00) from the existing deposits of cumulative funds of DeKalb County, including the Cumulative Bridge Fund, the Cumulative Jail Fund, and the Cumulative Capital Development, to the general operating fund of DeKalb County, Indiana, on an as needed basis to be repaid from the levying and collection of property taxes to the Cumulative Funds prior to the end of the current budget year on or before December 31, 1996. The DeKalb County Auditor shall maintain an exact accounting of the transfers and repayments as provided by law.

(Res. 96-4, passed May 5, 1996)

ARTICLE 4
COUNTY CLERK

Chapter 1
Checks Processing

Checks Processing.

Insufficient Funds Checks.  WHEREAS a study having been made examining the expenses incurred by the county in the processing, reprocessing, and collection of insufficient funds checks presented to the various county offices as payment of fees, fines, taxes and for services and materials purchased from DeKalb County,

NOW THEREFORE, be it ordained that hence forth after the final reading and passage of this ordinance there shall be affixed and collected for deposit into the County General Fund from maker, or endorser the sum of $10 for any insufficient funds check not exceeding $300 given in payment for any DeKalb County, Indiana, fee, fine, tax or for services or materials purchased from the county, and the sum of $25 for any such insufficient funds check given for those items above listed that is in excess of $300. This insufficient funds check fee shall be collectable as liquidated damages in a court of law or upon demand in the course of business or as an added tax levied against the person or property of the maker, or endorser delivering said instrument to the County.

(Ord. 83-6, passed September 26, 1983)

Tendering Insufficient Fund Checks.  The Commissioners of DeKalb County having considered the amendment of County Ordinance 86-3 do now amend said ordinance to read as follows:

WHEREAS, the receipt of personal checks delivered to county officials in payment for debts and obligations due and owing to the county for fees, taxes or other charges, in such instances wherein the maker of said check or draft does not have sufficient funds or deposit with the payee financial institution at the time said check is deposited for cash, causes added expenses to the county to collect the insufficient funds,

NOW THEREFORE BE IT ORDAINED AND RESOLVED, that any person who has presented an insufficiently funded draft or check to any official of DeKalb County as tendered payment for any debt, fee or tax due and owing to the county may henceforth be required by all DeKalb County officials, their agents, deputies and employees, to present cash in payment of any obligations hereafter becoming due to the County of DeKalb, or any political subdivision or agencies thereof.

(Ord. o071188, passed July 11, 1988)

Bad Check Service Fee.

SECTION 1: For purposes of this section "bad check" means any check, draft, or order as described in IC 35-43-5-5 (a) which is issued by a person other than under the circumstances described in IC 35-43-5-5 (f). The Prosecuting Attorney may establish a program through his office whereby any person who is the payee or holder of a bad check and who intends to prosecute the issuer of the bad check under IC 35-43-5-5 if such check is not made good may:

SECTION 2: All receipts of protest and service fees collected under this section which shall be administered by the Prosecuting Attorney, and which shall be turned over to the County Auditor for deposit in the Prosecutor's Special Fee Fund which is now hereby established. However, the Prosecuting Attorney may waive collection of the fee if he finds that probable cause for prosecution no longer exists in the case.

SECTION 3: For this purpose, the Prosecuting Attorney or his authorized designee may collect the fee, and the Auditor shall provide the Prosecuting Attorney with standard fee and cash books of the type provided to county officers under IC 36-2-7-15; in which shall be recorded all such fees as collected, along with other information as described by IC 36-2-7-15. The Prosecutor's Office shall give a receipt for all such fees to the person paying the same. All fees collected by the Prosecutor's Office under this Ordinance shall be delivered to the County Auditor every Friday before noon (or the last working day of each week). The County Council may only appropriate monies on deposit in the Prosecutor's Special Fee Fund for purposes of the Prosecutor's Office, although such appropriations may be made for any purpose for which county monies may lawfully be appropriated to the Prosecutor's Office and need not necessarily be limited to attributable costs of the functions and services from which the fees derive.

(Ord. 92-2, passed June 1, 1992)

ARTICLE 5
COUNTY TREASURER

Chapter 1
Charges for Duplicate Tax Bills & Returned Checks

Charges for Duplicate Tax Bills & Returned Checks.  WHEREAS, Indiana Code 36-1-3-1 to 9, inclusive, grants certain home rule powers to a County; and

WHEREAS, the DeKalb County Treasurer has many requests for duplicate tax bills which must be prepared by hand by the Treasurer at an additional expense to the County; and

WHEREAS, the Treasurer of DeKalb County receives many checks which fail to clear the bank which makes additional work for her office and are also an expense to the County; and

WHEREAS, it is the desire of the Board of Commissioners of the County of DeKalb to make a charge to taxpayers requesting duplicate tax bills and to taxpayers whose checks fail to clear the bank upon which they are written.

NOW THEREFORE, BE IT ENACTED by the Board of Commissioners of DeKalb County that the following charges be made by the DeKalb County Treasurer:

Chapter 2
Investment of Monies by Fort Wayne National Bank

Investment of Monies by Fort Wayne National Bank.  $305,804.00 of Cumulative Jail Funds were allotted to fund part of the construction costs of the DeKalb County Jail and have placed in trust with the Fort Wayne National Bank as trustee for payment of claims. These funds are to be invested pursuant to an Agreement to Administer Funds in US Government Repurchase Funds with a floating rate of interest so that the money can be available as needed.

(Res. 121784, passed December 17, 1984)

Chapter 3
Tax Sale Parcel Declared Void

Tax Sale Parcel Declared Void.  Whereas, the DeKalb County Treasurer offered for sale at delinquent property tax sale on October 23, 1991 real estate described as: Part of the southwest quarter of the southwest quarter of Section 32, Township 34, Range 13, the same being two tenths of an acre of unplatted real estate in the City of Auburn, DeKalb County, Indiana, and same was purchased by Roy Sponhower, 6619 CR 39, Auburn, Indiana 46706 who paid to said Treasurer the sum of $2,177.79 representing delinquent taxes, current tax, ditch tax and cost of sale, and thereafter the DeKalb County Auditor executed a Tax Sale Certificate on October 23, 1991 for said real estate.

It having been now determined that the aforesaid sale was not proper because of improper notice to the defaulting taxpayer, the DeKalb County Commissioners do now find:

ARTICLE 6
COUNTY ASSESSOR

Chapter 1
Tax Adjustment Board not Appointed for Year 1987

Tax Adjustment Board not Appointed for Year 1987. WHEREAS, pursuant to present law, the DeKalb County Council (hereinafter the Council), DeKalb County, Indiana, has the authority to appoint, or refuse to appoint, a tax adjustment board to serve DeKalb County, Indiana; and

WHEREAS, the Council has determined that it does not desire to appoint a tax adjustment board for DeKalb County, Indiana, for the year 1987;

NOW, THEREFORE, BE IT RESOLVED by the County Council, DeKalb County, Indiana, that:

SECTION I: The Council elects not to appoint a Tax Adjustment Board for DeKalb County, Indiana, for the year 1987.

SECTION II: This Resolution shall take effect and be in full force upon its adoption.

(Res. 87-1, passed April 6, 1987)

ARTICLE 7
RECORDER

Chapter 1
Recorder's Fees

Recorder's Fees.  WHEREAS, the DeKalb County Commissioners are responsible for the executive operation of County government in DeKalb County, Indiana;

WHEREAS, the DeKalb County Council is responsible for the fiscal decisions of DeKalb County, Indiana;

WHEREAS, the DeKalb County Commissioners and the DeKalb County Council share the legislative functions of DeKalb County, Indiana;

WHEREAS, pursuant to the Indiana Home Rule Statute in Indiana Code Section 36-1-3, the DeKalb County Commissioners and Council are empowered to exercise such powers that are not specifically denied them which may be necessary for efficient operation of county government;

WHEREAS, pursuant to Indiana Code Section 36-2-7-10, the DeKalb County Recorder may charge certain fees concerning records prepared and furnished by the DeKalb County Recorder; and

WHEREAS, the DeKalb County Recorder desires to establish fees for copies furnished by the DeKalb County Recorder and to establish supplemental recording fees allowed by Indiana Code Section 36-2-7-10 for the purpose of contributing to and supplementing the budget without appropriation for the Office of the DeKalb County Recorder;

NOW, THEREFORE, BE IT ORDAINED, that

SECTION 1: EFFECTIVE DATE: This Ordinance shall become effective 8:00 A.M. September 1, 1997,

SECTION 2: SUPPLEMENTAL FEE: A supplemental fee for recording a document in the amount of three dollars ($3.00) per document shall be charged by the DeKalb County Recorder's Office as allowed in Indiana Code Section 36-2-7-10(b)(11).

SECTION 3: PHOTOSTATIC COPIES: The DeKalb County Recorder may authorize the purchase of photostatic copies of official records at the Recorder's Office directly from any processor or developer with the authority of the DeKalb County Recorder to charge up to three cents (03%u203A) per frame.

SECTION 4: PERPETUATION FUND: All such revenues received by the Recorder pursuant to this Ordinance shall be deposited in the DeKalb County Recorder's Records Perpetuation Fund for use with the Recorder's annual budget which is submitted to the DeKalb County Council for review and approval.

SECTION 5: POSTED FEES: The DeKalb County Recorder shall post the fees set forth in this Ordinance in a prominent place within the Recorder's Office accessible to the public.

SECTION 6: DEKALB COUNCIL APPROVAL: Any expenditure from the Perpetual Fund as a result of this Ordinance not approved by the DeKalb County Council as part of the annual budget of the DeKalb County Recorder shall be subject to approval by the DeKalb County Council prior to the expenditure being made without the formal requirements of an appropriation. In the event of a violation of this Section 6 by the DeKalb County Recorder, then the DeKalb County Treasurer shall not be authorized to write any check for payment of any expenditure by the DeKalb County Recorder that violates this Section 6.

(Ord. 97-5, passed June 2, 1997)

Chapter 2
Recorder's Records Dismantling not approved

Recorder's Records Dismantling not approved.  WHEREAS, We the DeKalb County Board of Commissioners have discussed the advisability of removal of the pages from the records of the DeKalb County Recorder's Office.

NOW, Therefore after careful consideration, we the DeKalb County Board of Commissioners do hereby resolve that in as much as there is only one copy of the records contained in the Office of the Recorder of DeKalb County, Indiana, under the present system of recording it would be in the beat interest of the County to take every possible precaution in the care and protection of said records and not permit the books to be taken apart or dismantled in any manner at anytime by any one except the duly appointed County Recorder.

(Res. 62-3a, passed March 5, 1962)

Chapter 3
Recorder's Records Rules for Usage

Recorder's Records Rules for Usage.  BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, That pages from the loose-leaf records in the office of the recorder of said county shall not be removed from the records, except that the sheets from the current records may be removed not more than once each week by any abstracter or abstracters for the purpose of photographic copying of said records under the following limitations:

ARTICLE 8
COUNTY SURVEYOR
ARTICLE 9
COUNTY CORONER
ARTICLE 10
COUNTY PROSECUTOR