Ordinance 97-5: Recorder's Fee

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¢) 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.

PASSED AND ADOPTED by the County Commissioners and the County Council of DeKalb County, Indiana, after the Third Reading.

READ AND PASSED ON FIRST READING: April 7, 1997 READ AND PASSED ON SECOND READING: READ AND PASSED ON THIRD READING:

Signed, approved and adopted after the Third Reading by the DeKalb County Council and the DeKalb County Commissioners.

THE DEKALB COUNTY COUNCIL: Robert Wilder, President

Charles Ridge

Alan C. Middleton

James Mason

Thomas Lavin

Michael Gerig

Wayne Madden

DEKALB COUNTY COMMISSIONERS:

William C. Ort, President

Connie R. Miles, Vice President

Don C. Kaufman

Attested By:

Mary Bowman, DeKalb County Auditor