TITLE 16
PUBLIC HEALTH AND HOSPITAL

ARTICLE 1
COUNTY BOARD OF HEALTH

Chapter 1
Creation of Health Department

Creation of Health Department. 

Health Department Established Full Time (Amended).  WHEREAS the Resolution #65-10 passed on the 2nd of August, 1965 shall be amended to read as follows:

WHEREAS the health of every individual is fundamental to his personal happiness, attainments and responsibilities; and

WHEREAS the health and physical fitness of the citizens is essential to the security and prosperity of the community, state and nation; and

WHEREAS the establishment of a full-time county local health department is recognized as the most practical and economical way of securing health services that are necessary to offer maximum health protection to the people of DeKalb County; and

WHEREAS such a full-time health department offers more efficient and comprehensive health protection to the people through the services rendered by physicians, engineers, sanitarians, nurses and other specialists who are trained and experienced in public health; and

WHEREAS the establishment of a full-time county health department is endorsed by the Indiana State Board of Health, Indiana State Medical Association, American Medical Association and other official and voluntary Health agencies in Indiana; and

WHEREAS Section 604, Chapter 157, Acts of 1949, Indiana General Assembly, permits the establishment of a full-time county health department; therefore be it

RESOLVED: First, that the Board of County Commissioners of DeKalb County, acting under authority granted by Section 604, Chapter 157, Acts of 1949, Indiana General Assembly, provides for the establishment and maintenance of a full-time county health department in DeKalb County, Indiana. The full-time county health department established by this resolution to be in full force and effect as of January 1, 1966.

Secondly, that the part-time DeKalb County Health Department and the Auburn and Garrett part-time City Board of Health - as they are presently established and operated in accordance with the provisions of Section 450, Chapter 157, Acts of 1949, and Sections 500-501, Chapter 157, Acts of 1949, respectively - will be accountable for all matters pertaining to health within their respective jurisdiction until the full time county health department becomes effective on January l, 1966.

Finally, that the DeKalb part-time County Health Department and the Auburn & Garrett part-time City Board of Health will be dissolved and their records transferred to the full-time health department as of January 1, 1966, in accordance with Section 602, Chapter 157, Acts of 1949, Indiana General Assembly.

(Res. 65-10, passed September 29,1965)

Chapter 2
Rates to be Changed by Board of Health

Rates to be Changed by Board of Health.  WHEREAS, the DeKalb County Commissioners of DeKalb County, Indiana have been requested by the DeKalb County Board of Health and the DeKalb County Council to establish by ordinance, rates and fees to be charged by the DeKalb County Board of Health for documents, records and services rendered to the public, and,

WHEREAS, it is deemed necessary to provide uniform rates and fees to be charged for documents, records and services rendered by the DeKalb County Board of Health,

NOW THEREFORE; be it ordained by the DeKalb County Commissioners, that the rates and fees to be charged henceforth by the DeKalb County Board of Health shall be as follows:

Said rates as hereinafter set forth are subject to revision by increasing or decreasing the same annually and unless revised shall continue from year to year hereafter.

That for the reasons set forth in the preamble here of, this Ordinance is hereby declared to be in full force and shall take effect from and after adoption this day and being published by legal notice thereof.

(Ord. 79-1, passed February 20, 1979)

Chapter 3
Private Sewage Disposal Systems

Private Sewage Disposal Systems.  BE IT ORDAINED AND ENACTED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, STATE OF INDIANA, AS FOLLOWS:

Definitions contained herein shall cover the construction of this ordinance unless specific revisions or the context requires otherwise:

Section 101: Sewage: The term "sewage" shall be construed as used herein to mean all refuse, human excreta, garbage waste or waste products, or any combination thereof, potentially capable of contaminating the environment, land or water of DeKalb County.

Section 102: Public Sewer: The term "Public Sewer" shall mean any sewer constructed, installed, maintained, operated and owned by a municipality, or other unit in government, or taxing district. A sewer established or maintained for the purpose of carrying surface water run-off and subsoil drainage shall not be considered a public sewer under this definition.

Section 103: Combined Sewer: "Combined sewer" shall mean a sewer receiving both surface water run-off and sewage.

Section.104: Sanitary Sewer: "Sanitary sewer" shall mean a sewer which carries sewage, and to which storm, surface, and ground waters are not intentionally admitted.

Section 105: Sewage Disposal System: "Sewage disposal system" shall mean any arrangement of devices and structures designated to, or used for, receiving, treating or disposing of sewage.

Section 106: Private Sewage Disposal System: "Private sewage disposal system" means individually or collectively those constructions or devices used for the collecting, pumping, treating, or disposing of sewage which have been built, or are intended to be built, or are being maintained by any private individual, corporation, or other nonpublic body which has not

obtained a certificate of public convenience and necessity from the public service commission for said operation or use.

Section 107: Person: "Person" shall mean any individual firm, corporation, city or town, who disposes of sewage within the county of DeKalb.

Section 108: Contiguous: "Contiguous" shall mean any actual contact; touching; or within 500 feet, though not in actual contact. Further, "Contiguous" is intended to mean and include any and all adjacent lots and building sites regardless of present or future ownership.

Section 109: Residence: "Residence" is meant to include any living facility for human habitation whether used for part time or full time purposes and includes without limitation all homes, mobile homes, cottages, permanently established travel trailers, permanent pads or other parking spaces wherein there is constructed any private sewage disposal system for travel trailers, motor homes, or mobile homes.

Section 110: County Health Officer: "County Health Officer" shall mean the DeKalb County Health Officer or his designee.

Section 201: General: Where a public sanitary or combined sewer is not available, all persons hall comply with the following provisions of this ordinance for private sewage disposal systems.

Section 202: Prohibited: It shall be unlawful for any person to place, deposit or permit to be deposited any human excrement or sewage in a manner which does not comply with the provisions of this ordinance or in any unsanitary manner upon public or private property within the County of DeKalb County.

Section 203: Sewage System: At any business building situated within the County of DeKalb, State of Indiana, where there is installed a sewage disposal system which. is not connected to a public sewer system, and no public sewer system is available, there shall be established or constructed and maintained a private sewage system which shall comply with the standards of the Indiana State Board of Health as contained in Bulletin S. E. 13 of the Indiana State Board of Health., copies of which are herewith incorporated by reference and shall be modified as Bulletin S. E. 13 is modified from time to time.

Section 204: Privies: Any privy situation within the County of DeKalb, State of Indiana, shall be of a sanitary type and shall be constructed and maintained in a clean condition and so that insects and rodents cannot enter the vault. Any privy shall be located so as not to in any way allow contamination to enter into the surface or subsurface water of the County.

Section 205: Minimum Requirements: All private individual residential sewage disposal systems and privies shall be installed, constructed and maintained in an approved manner as described in Bulletin S. E. 8 and 11 of the Indiana State Board of Health or amendments and supplements thereof and hereinafter incorporated by reference as a part of this section.

Section 206: Maintenance:

Section 207: Required Connection: Whenever a public combined or sanitary sewer, community combined or sanitary sewer approved by the Public Service Commission or the Indiana State Board of Health becomes available and is within 500 feet of the building line of a residential or business property, served by a private individual sewage disposal system or privy, situated within the County of DeKalb, State of Indiana, a direct connection shall be made to said sewer and any septic tanks, seepage pits, outhouses, privy pits and similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner.

Section 208: New Construction: Whenever a new business building or subdivision is developed in an area where a public combined or sanitary sewer, or community combined or sanitary sewer is available, a connection shall be made to said sewer.

Section 209: Agent's Liability: In addition to the other provisions of this act it shall be a violation of this act for the agent of the owners, the occupant or the agent of the occupant of .any property located within the county to allow, permit or otherwise cause to be used any sewage disposal system,.public or private, that does not comply with the terms of this act and further shall be a violation of this ordinance for the owner, agent of the owner, occupant or agent of the occupant to disobey any lawful order given for the protection of the public health by the Public Health Officer in connection with the use of any sewage disposal system.

Section 301: Permit:

Section 302: Inspection: A private sewage disposal system or privy for which a permit has been issued shall not be used until the installation is completed to the satisfaction of the County Health Officer. He or his agent, shall be allowed to inspect the work during any state of construction; and in any event, the applicant for the permit shall notify the Health Officer when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within two working days of the receipt of notice by the County Health Officer.

Section 303: Posting Permit: The permit shall be posted a conspicuous place at or near the building where the sewage disposal system is under construction. The notice should be plainly visible from the public thoroughfare serving this building.

Section 304: Denial Of Permit: Should the County Health Officer, after examination of such application or construction find the same to be in conflict with any of the terms and provisions of this ordinance, he shall, in writing addressed to the applicant, reject and deny such application and refuse to issue any permit to commence the proposed construction or allow the use thereof.

Section 305: Subdivisions:

Section 306: Review:

Section 307: Exceptions: The County Board of Health shall hear such appeal and may decide the same where it is alleged that there is error in any decision or determination made by the County Health Officer and may grant or deny an exception to this ordinance based on whether said exception is detrimental to the public health.

Section 308: Majority Required: The concurring vote of a majority of the members of the County Board of Health, shall be necessary to reverse any determination or decision of the County Health Officer.

Section 309: Certiorari: Every decision of the County Board of Health shall be subject to the review by certiorari proceedings to a court of general jurisdiction in the County.

Section 401: Inspection: The County Health Officer or his agent bearing proper credentials and identification shall be permitted to enter upon all properties at any reasonable daylight time for the purposes of inspection, observation, measurement, sampling and testing necessary to carry out the provisions of this ordinance.

Section 402: Order: Any person found by the County Board of Health or the County Health Officer to be violating any provisions of this ordinance may be served by the County Board of Health or the duly appointed Health Officer, with a written order stating the nature of the violation and providing for an immediate order to stop the use of the premises or the County Board of Health or Health Officer may provide a time limit for satisfactory correction thereof. But this procedure shall not be deemed a prerequisite to any remedy provided in this ordinance.

Section 501: Rules and Regulations: The County Health Board may adopt any reasonable rule or regulation in regard to the inspection, certification, enforcement or hearings under this ordinance which are not in conflict thereof.

Section 601: Misdemeanor Liability: Any person who violates this ordinance is guilty of a misdemeanor subject to the penalties provided below in Article VII.

Section 602: Civil Remedy: The County Board of Health or any other person directly affected thereby may, seek and obtain injunctive relief against any person who violates this ordinance by filing an action in the DeKalb Circuit Court or DeKalb Superior Court and such person, if a private party, may not only obtain injunctive relief abating the violation, but also damages and attorney fees, if the action is successfully brought.

Section 701: Penalties: On conviction the violator shall be punished for the first offense by a fine of not more than Five Hundred Dollars ($500.00); for the second offense by a fine of not more than One Thousand Dollars ($1,000.00); and for the third and each subsequent offense by a fine of not more than One Thousand Dollars ($l,000.00). Each day after the expiration of the time limit for abating insanitary conditions as ordered by the County Board of Health or by the County Health Officer shall constitute a distinct and separate offense.

Section 801: Prior Law: All ordinances or parts of ordinances in conflict herewith are hereby repealed, including Ordinance No. 743.

Section 802: Savings Clause: The invalidity of any section, clause, sentence or provisions of this Ordinance shall not affect the validity of any other part of this ordinance.

Section 803: Effective Date: This Ordinance shall be in full force and effect from and after its passage, approval, recording, and publication as provided by law.

(Ord. 84-3, passed October 1984)

Chapter 4
Food Service Regulations

Food Service Regulations.  SECTION. Food Service Establishments:

Section 101. The Board hereby adopts the following regulations concerning food and beverage vending, food service establishments and food markets. The following definitions shall apply to all such regulations unless the context clearly indicates otherwise.

Section 201. Permits.

Section 202. License and License Fee

Section 203. Permit Fee.

Section 204. Permit, License, and License Fee Exemptions.

Section 301. All permit holders shall operate their food establishments in compliance with the minimum sanitation requirements promulgated the State Board of Health and stated in 410 IAC 7-15-1, 410 IAC 7-16.1, and 4101AC 7-17.1. 410 IAC 7-15-1, 410IAC 7-16.1, and 410IAC 7-17.1 is incorporated by reference into this section. Two 2 copies of 410 IAC 7-15-1 are on file in the Office of the County Clerk and the office of the Board of Health for public inspection.

Section 401. Disease Control. If a food establishment manager has reason to believe that any employee has contracted any communicable disease (according to "CDC Guideline for Infection Control in Hospital Personnel") or has become a carrier of such disease, he/she shall notify the Health Officer immediately.

Food establishment employees should exercise care to avoid injury to hands when preparing food. Should such an injury occur, food contaminated with blood should be discarded. Effective sterile hand protection must be worn by any employee who has any open cuts or wounds on his/her hands and works in a food preparation area.

Section 402. Procedure When Infection Indicated. When the Health Officer has reason to believe there exists possibility of transmission of infection from any food establishment employee, the Health Officer is authorized to require any or all of the following measures:

Section 501. It shall be unlawful for any person to sell any food or beverage Which is unwholesome, adulterated or misbranded through any food establishment

Section 502. Enforcement Inspection. The Health Officer may take and examine samples of food or beverages as often as may be necessary to determine freedom from contamination, adulteration, or misbranding. The Health Officer may, on written notice to the owner or operator, impound and forbid the sale of any food which is unwholesome, adulterated, or misbranded, or which the officer has probable cause to believe is unfit for human consumption, unwholesome, adulterated or misbranded. If any misbranding can be corrected by proper labeling, the Health Officer may release that food to the operator for correct labeling under the supervision of the Officer. The Health Officer may also cause to be removed or destroyed any dairy product, meat, meat product, seafood, poultry, poultry product, confectionery, bakery product, vegetable, fruit or other perishable article, which in the opinion of the Officer, are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe.

Section 601. Vending Machines. The Health Officer shall inspect all vending machines which dispense other than readily perishable food as often as he or she deems necessary to insure compliance with the provisions of this section.

Section 602. Food Markets and Food-Service Establishments. The Health Officer shall inspect each food market, food-service establishment and mobile food-service establishment licensed under this section at least once, each six (6) months. The Health Officer shall inspect all temporary food-service establishments licensed under this section at least once during every seventy-two (72) hour period.

Section 603. Procedure When Violations Noted. If during the inspection of any servicing, maintenance, and operation of a vending machine, or during the inspection of any food establishment, the Health Officer discovers the violation of any of the sanitation requirements in Article III of this ordinance, he shall issue a written order listing such violations to the proprietor or, in his absence, to the person in charge and fixing a time within which the said proprietor of said food establishment shall abate and remedy such violations. A copy of the written order shall be filed with the records of the Health Department.

Section 604. Authority to Inspect and to Copy Records. The person operating the food establishment shall, upon the request of the Health Officer, permit such Health Officer or his authorized representatives access to all parts of that vending operation and the locations of all vending machines owned or serviced by the operator, or all parts of the food establishment, and shall permit the Health Officer or his authorized representative to collect evidence and/or exhibits and to copy any or all records relative to the enforcement of this ordinance. The Health Officer may obtain an inspection warrant ex parte to enforce this provision, but is not required to do so.

Section 605. Final Inspection-- Prosecution or Hearings for Violators. If upon a final inspection the Health Officer finds that any food establishment is violating any of the provisions of this ordinance which were in violation on the previous inspection, and concerning which a written order was issued, the Health Officer shall furnish evidence of the violation to the Prosecuting Attorney of DeKalb County, Indiana and he shall prosecute all persons violating said provisions of this ordinance. Or the Health Officer may promptly issue a written order to the permittee of that food establishment to appear at a certain time, no later than ten (10) days from the date of final inspection, and at a place in DeKalb County fixed in said order to show cause why the permit issued under the provisions of Article II, Section 201, should not be revoked.

Section 606. Revocation of Permit. The Health Officer upon such hearing if the permittee should fail to show cause, shall revoke the said permit and promptly give written notice of such action to the permittee. The Health Officer shall maintain a permanent record of his proceedings filed in the office of the Health Department.

Section 607. Revocation For Refusal of an Inspection. The Board of Health shall revoke the permit of a person or refuse to issue a permit to a person who refuses to permit the lawful examination of his books, papers, and records, or the investigation and examination of his premises by the Health Officer.

Section 608. Suspension of Permit.

Section 609. If the permittee services a written application upon the Health Officer within fifteen (15) days after the suspension, the Health Officer shall conduct a hearing upon the matter after giving notice of its time, place, and purpose to the suspended permittee at least five (5) days before it occurs. All suspension orders shall be issued by the Health Officer in writing and served upon the permittee by leaving a copy at his or her usual place of business or by delivery of Certified U.S. Mail to that address.

Section 610. Reinstatement of Permit. Any person whose permit has been suspended may, at any time, apply to the Health Officer for reinstatement of the permit.

Section 701. All food establishments constructed or altered after 19 shall conform to the requirements set fort in Article II and Article III of this ordinance. The permit holder shall submit properly prepared plans and specifications to the Health Officer for that Officer's approval before beginning construction.

Section 801. Foods from commissaries and other sources outside the jurisdiction of the Health Officer may be sold within the County if that commissary or other sources of supply comply with the requirements of this section governing food establishments and with all applicable rules and regulations promulgated by the State Board of Health and stated in 410 IAC 7-15.1, 410 IAC 7-16.1, and 410 IAC 7-17.1.

Section 802. The Health Officer may accept reports from the responsible authority where the commissary is located to determine if the commissary is operated in compliance with these requirements.

Section 901. Infraction. Any person found to be in violation of any provision of this ordinance shall be guilty of a Class B Infraction and upon conviction shall be punished by a fine of not more than $500.00 provided that upon the second or subsequent conviction such fine shall not be in excess of $1,000.00.

Section 902. Continuing Violation. Each day that a violation or noncompliance with the terms of this ordinance continues (after notice having been given in writing to the violator by the Health Officer) shall constitute a distinct and separate offense.

Section 1001. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect January l, l988 its adoption and its publication as provided by law.

Section 1101. Should any article, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason the remainder of said ordinance shall not be affected thereby.

(Ord. 87-3, passed November 30, 1987)

Chapter 5
Fee Charges by Board of Health

Fee Charges by Board of Health.  WHEREAS the DeKalb County Board of Health did on November 4, 1991 propose an increase in certain fees charged by that county agency for service concerning certificates of birth and death; septic registrations; sewer permits, restaurant permits; food store permits; and loan inspections;

NOW THEREFORE, after thorough study and review be it ordained that the following fees shall be charged for services of the DeKalb County Health Department,

(Ord. 92-3, passed July 7, 1992)

Chapter 6
Sewage Disposal Contractor Register

Sewage Disposal Contractor Register.  BE IT ORDAINED AND ENACTED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, AS FOLLOWS:

The definitions contained herein shall cover the construction of this ordinance unless specific provisions or the context requires otherwise.

Section 101: "Register" shall refer to the Public Record created by this ordinance and required to be kept by the DeKalb County Health Officer listing thereon all persons engaged in or intended to engage in the installation, construction or repair of public or private sewage disposal systems or equipment anywhere in the jurisdiction of the DeKalb County Board of Health.

Section 102: "Health Officer" shall mean the appointed health official and all other employees of the DeKalb County Board of Health who are designated by said Board to perform any of the functions of the Health Officer under this ordinance.

Section 103: "Persons" shall mean any individual, firm, corporation, city or town, or other legal entity together with the agents and employees of any person or occupant of any property subject to this ordinance.

Section 104: "Engage in" shall mean performing any of the activities regulated by this ordinance, directing any activities regulated by this ordinance, and receiving benefit from any of the activities regulated by this ordinance.

Section 105: "Sewage Disposal System" shall mean any arrangement of devises and structures designated to, or used for, receiving, treating, or disposing of sewage whether operated by a Governmental entity or non-public entity or person which has not obtained a certificate of public convenience and necessity from the Public Service Commission for operating or use of said system. However, it shall not include a system or structures being installed or repaired by a private individual which are used solely for receiving, treating and disposing of sewage generally from the individual's own residential premises.

Section 201: Public Record: The Health Officer shall maintain a public record known as a "Sewage Disposal Contractor Register."

Section 202: Application: Any person engaged in or intending to engage in the installation, construction, or repair of public or private sewage disposal systems or equipment shall make written application to the DeKalb County Health Officer to have his name placed on the Register.

The application form shall contain the name and address of the applicant, a description of the applicant's experience and qualifications to be listed upon the Register and such other information as the Health Officer or DeKalb County Board of Health may reasonably require to aid them in the administration and enforcement of this ordinance.

Section 203: Fee: Any person making application to have his name placed on the Register shall submit with such application an annual fee of $10.00 for the calendar year, provided that the fee shall be $5.00 for applications received after June 30th for the remainder of said calendar year. Entry of a name on the Register shall expire on December 31st of that year. Entry on the Register shall be renewed each calendar year prior to the applicant engaging in the regulated activities under Section 202 above.

Section 204: Receipt Of Fees: Fees collected from applicants shall be retained by the DeKalb County Board of Health and be deposited in the County Health fund.

Section 205: Information: Upon receiving the application and fee, the Health Officer shall enter the applicant's name on the Register and provide the applicant with copies of appropriate State and local ordinances and/or regulations and explain the policy of the Board of Health with regard to the installation, construction, and repair of sewage disposal systems.

The Health Officer may periodically advise those on the Register of changes and further information with regard to such activity. It being the purpose of this section to promote proper installation, maintenance, and repair of sewage disposal systems.

Section 301: Prohibited Activity: No person shall engage in the installation, construction or repair of a sewage disposal system in DeKalb County, Indiana unless his name is properly entered upon the Register.

Section 302: Penalty: Any person who engages in the "Prohibited Activity" set forth in Section 301 shall be subject to a civil fine of not more than $100.00 enforceable in a civil cause of action in a court of general jurisdiction in DeKalb County.

Each day that a violation or non-compliance with the terms hereof continues (after notice having been given in writing to the violator by the Health Officer) shall constitute a distinct and separate violation.

Section 303: Enforcement. The Health Officer, any law enforcement officer, or any aggrieved or interested party may enforce the terms of this ordinance by private suit and may obtain injunctive relief against further violations.

Section 401: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 402: The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance.

Section 501. This ordinance shall be in full force and effect from and after its passage, approval, recording, and publication as provided by law.

(Ord. 83-1, passed May 9, 1983)

ARTICLE 2
LAOTTO REGIONAL SEWER DISTRICT

Whereas, the LaOtto Regional Sewer District encompasses an area in DeKalb County bounded on the north by County Road 62 and on the South by County Road 66 and on the east by State Road 3 and on the west by the county line;

and,

Whereas, there is a need for sanitary sewage facilities in the described portion of the sewer district to protect the health and general welfare of the residents of that area and for the promotion of commercial growth.

Now therefore, be it resolved that the DeKalb County Commissioners do hereby grant to the LaOtto Regional Sewer District the sum of $2000.00 to be used by the sewer district to defray such expenses of the district as the board of the directors of the district deem to be proper. The Auditor of DeKalb County is hereby directed to withdraw the amount of $2000.00 from the DeKalb County Industrial Revolving Grant Fund Recovery Proceeds and fund the grant to the LaOtto Regional Sewer District as outlined in this ordinance.

(Ord. 95-3, passed June 5, 1995)

ARTICLE 3
HOSPITAL FOR DEKALB COUNTY

WHEREAS, it appears to this Board that there is a demand for a hospital in DeKalb County, Indiana, and that the interests of the county and its citizens will be best subserved by the establishment and maintenance of such hospital, and

WHEREAS, Chapter 86 of the Acts of 1903, empowers this board to provide such hospital but by decision of the Indiana Supreme Court a resolution establishing said hospital may be rescinded by this Board at any time before contractual rights intervene, and

WHEREAS, before proceeding further a full and impartial investigation should be made as to whether said hospital may be provided by donations or private initiative; whether said hospital should be provided by the acquisition of existing hospitals or the construction of a new hospital or hospitals; the financing of the same; the facilities needed and the formation of a plan for providing such hospital.

NOW, THEREFORE, Be it resolved by the Board of Commissioners of DeKalb County , Indiana, that, subject to said power of rescission, this Board resolves to provide a hospital or hospitals in DeKalb County, Indiana; that the Judge of the DeKalb Circuit Court is hereby requested to appoint a hospital board under said Act; that said board be and it hereby is requested to promptly make a full, impartial and complete study and report on the hospital situation in this county and its recommended actions in regard thereto.

BE IT FURTHER RESOLVED that further proceedings by this board with regard to the provision of said hospital be postponed until further order of this Board.

(Res. 60-1, passed January 28, 1960)

ARTICLE 4
NORTHEASTERN CENTER

WHEREAS, Counties in Indiana are required by State law to appropriate four (4) cents per hundred (100) dollars of assessed valuation to a designated mental health center.

WHEREAS, Taxpayers are not represented on the board of directors of the Northeastern Center where decisions are made to expend these funds.

THEREFORE BE IT RESOLVED that the Board of Commissioners and County Council of DeKalb County in joint resolution endorse the following change in the by-laws of the Northeastern Mental Health Center:

There shall be three directors from each county (DeKalb, LaGrange Noble and Steuben). One director from each county shall be appointed by the County Commissioners of that county. One director from each county shall be appointed by the County Council from each county.

One director from each county shall be appointed by a mental health organization from within that county that is recognized by official action by the County Commissioners and Council of that county.

The term of office for directors shall be three years. The first appointment will be by the County Commissioners, the second appointment shall be by the County Council and the third appointment shall be by the recognized mental health organization.

Be it further resolved that copies of this joint resolution shall be forwarded to Charles Kidd, chairman of the Board of Directors of the Northeastern Center, to each member of the State legislature representing the county and the county Auditors of each of the northeast counties.

ARTICLE 5
E.M.S.

Chapter 1
E.M.S. Financing at Norwest Bank

E.M.S. Financing at Norwest Bank.  WHEREAS, the County has approved the lease purchase of the 1996 McCoy Miller Type III 145 SE Medic EMS Ambulance by virtue of a loan with Norwest Bank and,

WHEREAS, this loan is intended to be for tax exempt purposes under 265 b3 Bi III:

NOW, THEREFORE, be it resolved that the DeKalb County Commissioners intend to receive a loan from Norwest Bank in the amount of $76,733.00 which was signed May 28, 1996 to be a tax exempt obligation under Internal Revenue Code Section 265 b-3-Bi III of the Internal Revenue Code as amended.

(Res. 96-5, passed May 28, 1996)

ARTICLE 6
WATER AND SEWAGE PLAN FOR DEKALB COUNTY

WHEREAS, There exists a need for construction of water and sewage systems in DeKalb County and,

WHEREAS, There are no funds readily available to have such a plan prepared,

WHEREAS, The Board of Commissioners of the County of DeKalb of the State of Indiana duly adopt a resolution as follows:

BE IT HEREBY RESOLVED, That DeKalb County through its Plan Commission prepare a comprehensive County-wide Water and Sewage Plan,

BE IT FURTHER RESOLVED, That DeKalb County apply to the Farmers Home Administration for a grant of $11,000.00 to pay for consulting fees in preparing, the Comprehensive County-wide Water and Sewage Plan,

SAID RESOLUTION, Read in full and adopted this 19th day of December 1966, by the following yea and nay vote.

CORRECTION - RESOLUTION 66-5 CHANGED TO ORDINANCE 66-5

When the word resolution appears concerning an ordinance regulating the installation construction and maintenance and operation of private sewage disposal systems in closely built up areas and providing penalties for violations thereof, the said minutes are hereby corrected by insertion of the word Ordinance and to read as follows:

MATTER OF ADOPTION OF ORDINANCE No. 66-5

(An Ordinance Regulating the installation, construction, Maintenance and operation of Private Sewage disposal systems in closely built-up areas and providing penalties for violation thereof.)

At the designated time set for the public hearing on Ordinance No. 66-5 no persons appeared in opposition to the Ordinance,

On motion made, seconded and carried the Commissioners adopted and signed the Ordinance No. 66-5.

The Ordinance to be published in two papers of opposite political affiliation one time.

The Ordinance to be published in the Auburn Dispatch and the Garrett Clipper.

(Res. 66-5, passed December 22, 1966, changed to Ord. 66-5 passed February 27, 1967)