Loading...
§ 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)