(A) Fee schedule.
(1) Pursuant to I.C. 5-14-3-8(j), the county may charge a fee, uniform to all PERSONS (as defined by I.C. 5-14-3-2), for providing electronic map data that is based upon a reasonable percentage of the county’s direct cost of maintaining, upgrading, and enhancing the electronic map, and for the direct cost of supplying the electronic map in the form requested by the person(s).
(2) In the case where disclosable and nondisclosable electronic map data are combined, I.C. 5-14-3-6 provides that the county may charge a reasonable fee for the county’s direct cost of computer programming to separate disclosable from nondisclosable electronic map data.
(3) It is hereby established by the County Commissioners and County Council that the initial fee schedule for electronic map data shall be as follows:
(a) A fee of $1,500 for the initial transmission of available and disclosable county-wide electronic map data, and $1,500 for annual and/or continuous updates of county-wide electronic map data;
(b) A fee of $75 per hour for the preparation of specifically requested subsets of the county electronic map data; and
(c) A fee of $150 per hour for computer programming required to separate disclosable and nondisclosable electronic map information.
(4) If the county contracts with a third-party contractor to handle the transmission of county electronic map data, the third-party contractor shall receive two-thirds, and the county one-third, of the fees charged the person for electronic map data.
(5) This fee schedule shall be reviewed on an annual basis, and may be changed on an annual basis to reflect the change in the cost of providing electronic map data.
(B) Exceptions to fee schedule. Pursuant to I.C. 5-14-3-8(k), the fee charged by a county to cover the costs for maintaining, upgrading, and enhancing an electronic map may be waived by the Board of Commissioners, in whole or in part, at its discretion, if the use of the electronic map data will be used for a noncommercial purpose, including the following: public agency program support; nonprofit activities; journalism; and/or academic research.
(C) Third-party contractor.
(1) In accordance with I.C. 5-14-3-3.6, electronic map information may be provided to person(s) through the county’s own computer gateway, or by agreement through a computer gateway of a third-party contractor. I.C. 5-14-3-3.6(e) provides that a contract entered into under this section may require the payment of a reasonable fee to either the third-party contractor, the county, or both.
(2) In accordance with I.C. 5-14-3-4, neither the county nor the third-party contractor shall disclose electronic map data that is specifically excepted from disclosure requirements.
(D) Payment.
(1) Where the county is using its own computer gateway for the provision to person(s) of electronic map data, payment shall be made by the person(s) at the time of delivery.
(2) Where the county has entered into an agreement with a third-party contractor to provide electronic map data through the third-party contractor’s computer gateway, the third-party contractor shall handle the billing and invoicing of the fees charged, and shall agree to send by U.S. Mail that portion of the fee due to the county’s Electronic Map Generation Fund within ten business days of the receipt of payment of fees to the third-party contractor by the person(s) making the purchase.
(E) Compliance with state statutes. Nothing herein shall compel any office, or their contracted third-party contractor, to charge a fee for copies if the fee imposed by this section is contrary to state law. In the event the fees in this section are contrary to any charges established by state statute, the state statute shall apply.
(F) Use restrictions and notice.
(1) Pursuant to the provisions of I.C. 5-14-3-3(e), no PERSON (as defined in I.C. 5-14-3-2), other than those authorized in writing by the Board of Commissioners, may use the electronic map data provided by the county for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by request to any other person for these purposes. This includes the repackaging or assimilation of electronic map data for a commercial purpose in paper or electronic media.
(2) A PERSON (as defined in I.C. 5-14-3-2) who uses information in a manner contrary to this section, or a rule or ordinance adopted under I.C. 5-14-3-3, may be prohibited by the county from obtaining any electronic map data.
(3) The following notice regarding data ownership, restrictions, and qualifications shall be provided to every PERSON (as defined by I.C. 5-14-3-2), that receives a copy of the county’s electronic map data.
Spencer County electronic map data is the property of Spencer County, Indiana. All electronic map data supplied by Spencer County has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. The County does not guarantee the positional or thematic accuracy of the data. The cartographic digital file server is not a legal representation of any of the features depicted, and the County disclaims any assumption of the legal status they represent. Any implied warranties, including warranties of merchantability or fitness for a particular purpose, shall be and/or expressly excluded. The data represents an actual reproduction of data contained in the County’s computer files. This data may be incomplete or inaccurate, and is subject to modifications and changes. Therefore, Spencer County cannot be held liable for errors or omissions in the data. The recipient’s uses and reliance upon such data is at the recipient’s risk. By using this data, the recipient agrees to protect, hold harmless, and indemnify Spencer County and its employees and officers. This indemnity covers reasonable attorney’s fees and all court costs associated with the defense of Spencer County arising out of this disclaimer. The recipient may copy this data into computer memory or onto computer storage devices and prepare derivative works from it. Pursuant to the provisions of Indiana Code 5-14-3-3(e), no PERSON (as defined in Indiana Code 5-14-3-2), other than those authorized in writing by the Board of Commissioners, may use the electronic map data provided by the county for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by request to any other person for these purposes. A person (as defined in Indiana Code 5-14-3-2) who uses information in a manner contrary to a rule or ordinance adopted under Indiana Code 5-14-3-3(e) maybe prohibited by the Board of Commissioners from obtaining any electronic map data. Please refer to Spencer County Ordinance 2003-14 for any other restrictions on the use of electronic map data or penalties for the misuse electronic map data. |
(4) A copy of the language contained in this section shall be conspicuously posted in all offices where electronic map data is sold in the county, and shall be provided to any PERSON(S) (as defined by I.C. 5-14-3-2) who desires to purchase electronic map data from the county.
(G) Dispute resolution. Any PERSON (as defined by I.C. 5-14-3-2) who has a dispute, or seeks relief from the terms of this section, may seek resolution of that dispute or relief from the Board of Commissioners of the county.
(Ord. 2003-14, passed 8-19-2003) Penalty, see § 35.99