Loading...
§ 37.40 FEES FOR ELECTRONIC MAP DATA.
   (A)   Title and definitions.  
      (1)   This section and any parts herein shall be known as the Warrick County Electronic Map Ordinance.
      (2)   In accordance with I.C. 5-14-3-2, PERSON as used in this section is defined as an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity, and ELECTRONIC MAP DATA as used in this section is defined as copyrighted data created and provided by a public agency from an electronic geographic information system.
   (B)   Fee schedule.
      (1)   Pursuant to I.C. 5-14-3-8(j) the county may charge a fee, uniform to all persons, 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 the transmission of electronic map data is as set forth in an attached fee schedule that is incorporated by reference herein.
      (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. 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 in providing the electronic map data.
   (C)   Exceptions to fee schedule.
      (1)   Pursuant to I.C. 5-14-3-8(k) any public agency, as defined by I.C. 5-14-3-2, located within the county or within adjacent counties that agrees to share with the county any electronic map information that that public agency might have, if any, that is of the same type as is being shared by the county, the county will agree to automatically approve a data sharing application with that public agency and waive that portion of the electronic map fee that would otherwise be retained by the county.
      (2)   Pursuant to I.C. 5-14-3-8(k) the county's retained portion of the electronic map fee shall be waived at the county's discretion if the use of the electronic map data will be used for a noncommercial purpose, including the following: public agencies that do not agree to share with county the same type of electronic map data being provided by the county, nonprofit activities, journalism, and/or academic research.
   (D)   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. Indiana Code 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.
   (E)   Payment. 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. 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 the county 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.
   (F)   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.
   (G)   Use restrictions and notice.
      (1)   Pursuant to the provisions of I.C. 5-14-3-3(e), no person, 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 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 that receives a copy of the county's electronic map data.
   “Warrick County electronic map data is the property of Warrick County, Indiana. All electronic map data supplied by Warrick 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, the 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 Warrick County and its employees and officers. This indemnity covers reasonable attorney's fees and all court costs associated with the defense of Warrick 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 for the recipient's own use.
   Pursuant to the provisions of Indiana Code 5-14-3-3(e), no person, 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 who uses information in a manner contrary to a rule or ordinance adopted under Indiana Code 5-14-3-3(e) may be prohibited by the Board of Commissioners from obtaining any electronic map data.
   Please refer to Warrick County Ordinance 200  -       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.
   (H)   Use violation penalty.
      (1)   Any person(s) who violates the terms and conditions of this section by failing to pay for purchased electronic map data shall be liable for total fee charged for the electronic map data plus attorney's fees and the cost of collection.
      (2)   Any person(s) who violates the restrictions on the use of electronic map data as set forth in division (G) of this section shall be guilty of an infraction and may be fined by the county up to $2,500, and each violation shall be deemed a separate offence. Also, in the event that there is an improper use of electronic map data as set forth in division (G) of this section or in violation of state or federal law, the county may prohibit the person(s) (as defined by I.C. 5-14-3-2) from obtaining any electronic map data and seek injunctive relief from any misuse of electronic map data by the person(s) who originally purchased the electronic map data or any other person(s) who has received a copy of the electronic map data.
   (I)   Electronic Map Generation Fund. Pursuant to I.C. 5-14-3-8.5, the County Council hereby establishes the Electronic Map Generation Fund. The Electronic Map Generation Fund shall consist of fees charged for providing electronic map data to person(s) in accordance with I.C. 5-14-3-8(j) and be subject tothe appropriation by the County Council. In accordance with I.C. 5-14-3-8.5(b), all funds collected in the Electronic Map Generation Fund shall be specifically dedicated to the following purposes:
      (1)   The maintenance, upgrading, and enhancement of the electronic map.
      (2)   The reimbursement of expenses incurred by a public agency in supplying an electronic map in the form requested by the person(s).
   (J)   Dispute resolution. Any person 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.
(BC Ord. 2006-18, passed 1-4-07; CC Ord. 2007-1, passed 1-4-07)
§ 37.41 ADDITIONAL FELONY AND MISDEMEANOR FEES.
   (A)   The Board of Commissioners, pursuant to the Indiana Home Rule Act and other authority, now establishes a local fee of $10, which shall be added as a part of the costs in all felony and misdemeanor cases in which a defendant is found guilty of one or more offenses EXCEPT in those cases in which a defendant has been found guilty of one or more offenses under I.C. 35-48-4 (Controlled Substances), I.C. 16-42-19 (Legend Drug Act), I.C. 9-30-5 (OVWI), I.C. 9-30-6-8.7 (violation of Ignition Interlock), and I.C. 7.1-5 (Alcoholic Beverages).
   (B)   The Board of Commissioners, pursuant to the Indiana Home Rule Act and other authority, now establishes a local fee of $50, which shall be added as a part of the costs in all felony and misdemeanor cases in which a defendant is found guilty of one or more offenses under I.C. 35-48-4 (Controlled Substances), I.C. 16-42-19 (Legend Drug Act), I.C. 9-30-5 (OVWI), I.C. 9-30-6-8.7 (violation of Ignition Interlock), and I.C. 7.1-5 (Alcoholic Beverages).
   (C)   The Clerk of the Warrick Circuit and Superior Courts shall assess and collect the $10 fee and the $50 fee, in addition to other local and statutory fees, and shall deposit the fee in the Drug and Alcohol User Fee Fund (which at present, is Fund 379 in the County Auditor's Office).
(BC Ord. 2011-18, passed 7-25-11)
Editor’s note:
   BC Ord. 2012-30, passed 9-19-12, suspends § 37.21 pending final determination of the validity of the same.
§ 37.42 RECORDER’S OFFICE FEES.
   (A)   For the purpose of this section, DOCUMENT or DOCUMENTS shall include, but not be limited to, any deed, ordinance, resolution, certificate of sale, easement vacations, grants of rights-of-way and easements under condemnation proceedings, street acceptances and vacations, sidewalk acknowledgments, surveyor’s affidavits, address affidavits, hold harmless acknowledgments, and any other recordable instrument required to be recorded in the Office of the County Recorder from time to time by the county and any of its departments.
   (B)   The Office of the County Recorder shall exempt official offices of the county, including the Area Plan Commission, Redevelopment Commission, Board of Commissioners, County Council and any other department or office, from the payment of any fee for recording documents required by law, regulation, rule, or otherwise to be recorded.
   (C)   County offices and departments shall submit any documents for recording in full compliance with all recording requirements as may be expressed in the Indiana Code or corresponding regulations.
(BC Ord. 2014-23, passed 8-11-14)
§ 37.43 BULK FORM ACCESS TO COUNTY RECORDER DOCUMENTS.
   (A)   Definitions. The definitions set forth in I.C. 36-2-7-10.1 are hereby incorporated and include, without limitation, the following:
      BULK FORM COPY or BULK FORM COPIES. An aggregate of:
         (a)   Copies of all recorded documents received by the County Recorder for recording in a calendar day, week month, or user;
         (b)   The indices for finding, retrieving, and viewing all recorded documents received by the County Recorder for recording in a calendar day, week, month, or year; or
         (c)   Both clauses (a) and (b).
      BULK FORM USER. An individual, corporation, partnership, limited liability company, or unincorporated association that receives bulk form copies under a contract with the County Recorder.
      COPY or COPIES. A reproduction, including an image of a recorded document or indices created by:
         (a)   Duplicating electronically stored data onto a disk, tape, drum, or any other medium of electronic data storage; or
         (b)   Reproducing on microfilm.
      INDICES. All of the indexing information used by the County Recorder for finding, retrieving, and viewing a recorded document.
      RECORDED DOCUMENT. A writing, paper, document, plat, map, survey, or anything else received at any time for recording or filing in the public records maintained by the County Recorder of hte County Recorder’s designee.
   (B)   County Recorder designee. The County Recorder may use the services of a third-party designee to provide bulk form copies to build form users under this section.
   (C)   Manner and form of bulk form copies. The County Recorder or the County Recorder’s designee may provide bulk form copies to a bulk form user on a disk, tape, drum, or any other medium of electronic data storage or microfilm or by electronically transmitting the copies using an electronic transfer process or any combination thereof. The decision as to the manner of providing copies under this division shall be at the discretion fo the County Recorder.
   (D)   Watermark on bulk form copies. The County Recorder or the County Recorder’s designee shall watermark all bulk form copies with the following statement:
Image Property of Warrick County, IN
For license only - not for resale
per I.C. 36-2-7-10.1(c).
Official copies may be obtained at the Warrick County Recorder’s Office.
   (E)   Written request of bulk form copies. A bulk form user must submit a written request identifying the requested copies with a reasonable particularity in order to receive bulk form copies from the County Recorder or the County Recorder’s designee.
   (F)   Contract for bulk form copies. 
      (1)   A bulk form user must enter into a contract with the County Recorder prior to receiving bulk form copies that is in compliance with the requirements of this section I.C. 36-2-7-10.1 and must require that the bulk form user agree not to:
         (a)   Except as provided in I.C. 36-2-7-10.1(h), provide, transfer, or allow the transfer of any copy of a recorded document obtained by the bulk form suer under this section to a third party;
         (b)   Engage in unauthorized access to recorded documents; and
         (c)   Engage in the unauthorized alteration of recorded documents.
      (2)   If a bulk form user violates its contract entered into with the County Recorder under this section, the County Recorder or the County Recorder’s designee may terminate such contract and refuse subsequent bulk form copy requests under the conditions set forth in I.C. 36-2-7-10.1(j).
   (G)   Prohibited actions of bulk form user. Except as permitted under I.C. 36-2-7-10.1(h), a bulk form user is prohibited form selling, offering for sale, advertising for sale, soliciting a purchase of loaning, giving away, allowing subscription service to, or otherwise transferring providing, or allowing the transfer of bulk form copies for commercial purposes to a third party, whether the copies are in bulk form or individual copies or images.
   (H)   Bulk form copy fee. The fee for producing bulk form copies shall be $0.20 per page for a bulk form copy of a recorded document, including the instrument’s book and page, if applicable, and $0.20 per recorded document for a copy of the indices used by the County Recorder for finding, retrieving, and viewing a recorded document. Any revenue generated under this section shall be deposited in the County Recorder’s Perpetuation Fund, used by the County Recorder in accordance with I.C. 36-2-7-10(f), and otherwise in compliance with the requirements of I.C. 36-2-7-10.1(f).
   (I)   Civil fine for violation of this section. In addition to any contractual remedies the County Recorder or the County Recorder’s designee may have a bulk form user who violates this section shall also be subject to a civil fine of not more than $2,500 per violation.
(BC Ord. 2017-34, passed 12-11-17; BC Ord. 2018-18, passed 7-23-18)
§37.44 FEE FOR COSTS OF OPERATION IN ISSUING BONDS.
   (A)   The Warrick County Economic Development Commission shall charge a fee to be paid to the Commission to cover its costs of operation in the issuing of bonds by Warrick County under I.C.36-7-12-25. Said fee amount shall be payable to the Commission solely from revenues and receipts derived from the financing agreement or from payments made under a guaranty agreement by developers, users, or related persons.
   (B)   A fee charged by the Warrick County Economic Development Commission under this § 37.44 shall not exceed 1% of the total amount of the issuance of the respective bond. Notwithstanding the foregoing, the fee charged by the Commission shall not exceed $10,000 per issue for a single-project issue, or $10,000 per project in the case of program financing under I.C. 36-7-12-18.5.
   (C)   Any funds collected pursuant to this § 37.44 shall be used to compensate and reimburse the Commission for expenses associated with the issuance of bonds under I.C. 36-7-12 et seq., including, without limitation, payment of per diem fees payable to the Commission, costs of operation, and other expenses or economic development projects, according to the discretion of the Board of Commissioners of Warrick County.
   (D)   Nothing in this § 37.44 shall be construed as to authorize the Warrick County Economic Development Commission to charge a fee to be paid to the Commission to cover its costs of operation in the issuing of bonds which represent a general obligation of Warrick County or are payable in any manner from revenues raised by taxation.
(BC Ord. 2019-20, passed 9-9-19)