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TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. __2015-02_ ORDINANCE ESTABLISHING SUPPLEMENTAL SEWER FEES AND INSPECTION & COMPLIANCE PROGRAM WHEREAS, municipalities of Indiana are authorized to adopt Ordinances for the purpose of protecting the health, safety and welfare of its residents, business and real property owners, and to preserve the peace, order and safety of the Town, including the installation, maintenance and operation of storm water collection and disposal; and WHEREAS, the Town of Wolcott, per Indiana Code Section 8-1.5-5 et seq., established a Special Taxing District for the purposes of funding said storm water management; and WHEREAS, the Town Council of the Town of Wolcott, White County, Indiana, has determined that it is in the best interests of the Town of Wolcott and its residents, business owners and property owners to install, maintain and operate the collection of storm water and disposal thereof, in order to protect and preserve the health, safety and welfare of residents, businesses owners/operators and other property owners of the Town of Wolcott; and WHEREAS, the Town of Wolcott is required by law to cover all expenses related to operation of town facilities which includes the town sewer facilities and equipment; and WHEREAS, that as a result of a high volume of water entering the sewer system during times of moderate to heavy rain, the town sewer system is facing additional and previously unanticipated expenses for maintenance or replacement of town sewer equipment which the present sewer fee program does not address; and WHEREAS, the Town of Wolcott must take all necessary steps to comply with Article 8.5, 170 IAC, rule 8.5-1-2, which states that it is unlawful to discharge water from sump pumps, foot drains, or rain water into sanitary lines (House/Business/Property Laterals); and WHEREAS, the Town of Wolcott, to be in compliance with same, establishes a program to encourage residents, businesses (owners/operators/managers) and other property owners to allow inspection of their properties and, or to establish additional funding to cover expenses related to additional maintenance or replacement of sewer equipment associated with the large volume of water which the town sewer system is presently having to manage. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE ESTABLISHING SUPPLEMENTAL SEWER FEES AND INSPECTION PROGRAM (A) The Town of Wolcott, to operate in compliance with Article 8.5, 170 IAC, rule 8.5-1-2 establishes a Supplemental Sewer Fee and Inspection Program for all residents, businesses, other real properties and owners of real property (or their agents) served by or are customers of Town of Wolcott sewer services; (B) That the Town of Wolcott establishes a supplemental fee in the form of a surcharge of $50.00 per month to cover the additional expenses of maintenance and equipment replacement heretofore unaccounted for, yet required to manage the high volume of water which presently comes through the sewer system, especially during times of moderate to heavy rains; (C) That the above stated surcharge will be waived for all residents and businesses (owners/operators/managers) and other property owners that allow a town employee to inspect their property related to the down spouts, sump pumps, footing drains, and yard cleanouts to confirm compliance with State Law ( Article 8.5, 170 IA, Rule 8.5-1-2 ); (D) That the above stated surcharge of Fifty Dollars ($50.00) per month shall be added to the present sewer fees or charges issued to each resident, business, business owner/operation/manager or real property owner or agent served by or are customers of Town of Wolcott sewer services; (E) That the above stated waivers must be renewed on a semi-annual basis (every six (6) months); (F) That inspections shall be scheduled and occur during normal business hours in accordance with the schedule of Town employees, contractors or agents of the Town of Wolcott; (G) That failure to cooperate with scheduling or inspection of the residence, business or any real property shall completely nullify any previously stated waiver of surcharge during that six (6) month time period as if the waiver was not granted during said six (6) month time period; hence, the supplemental sewer fee shall be due for all six (6) months of that time period without regard to whether a waiver was initially granted or not; (H) That if, after the real estate is inspected, it is determined to not be in compliance with State Law (as stated above) then said non-compliance shall nullify any previously stated waiver of the supplemental sewer fee during that six (6) month time period as if the waiver was not granted during said six (6) moth period; hence, the supplemental sewer fee shall be due for all six (6) months of that time period without regard to whether a waiver was initially granted or not; (J) That it is the sole obligation of the residents and businesses (owners/operators/managers) and other property owners to make all necessary arrangements for the above stated inspections; that the Town of Wolcott has no obligation to contact or otherwise further inform or remind of the waiver option; (K) That billing of the above stated supplemental sewer fee shall be sent to all residents and businesses (owners/operators/managers) and other property owners by means of the water/sewer bills, or by any other means the Town determines will notify the property owners/managers that said supplemental sewer fee are due and owing; (L) That all revenue collected under this ordinance shall be deposited in the Wastewater Depreciation/Capital Improvement Fund; (M) That this Ordinance shall take effect and billing shall begin on the 1st day of May, 2015; and, (N) That if any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance. DULY ORDAINED and ADOPTED this 17th day of March, 2015, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of four in favor and none opposed. TOWN COUNCIL of the TOWN of WOLCOTT, INDIANA YEA NAY /s/ Marsha L. Mackey, President /s/ Jon H. Evans, Vice President /s/ Richard A. Lynn, Council Member /s/ Fred A. Young, Council Member /s/ Michael A. Yelton, Council Member So Witnessed and attested to this 17th day of March, 2015: /s/ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2014 - 02 AN AMENDMENT TO ORDINANCE NO. 2014-01, TO INCUR DEBT FOR PARK BOARD FUND WHEREAS the Wolcott Town Council met Tuesday, August 19, 2014 at 6:00 p.m. in the Community Room of the Wolcott Town Hall its regular stated meeting; and, WHEREAS the Wolcott Park Board desires to incur debt to install and purchase playground equipment and accessories for the Roger Wolcott Park in the amount of $40,000.00; and, WHEREAS, the Wolcott Park Board is a department of the Town of Wolcott and the Town of Wolcott and Princeton Township own real property in the designated park area; WHEREAS, Indiana Code 36-5-2-12 allows that: A) The legislative body may, by ordinance, make loans of money for not more than five years and issue notes for the purpose of refunding those loans, as provided in IC 36-5-2-11(d). B) The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the town, and the total amount of outstanding loans under this section and IC 36-5-2-11(d) may not exceed five percent of the town’s total tax levy in the current year (excluding amounts levied to pay debt service and lease rentals). C) Loans under IC 36-5-2-11(d) shall be made as follows: (1) The ordinance authorizing the loans must pledge to their payment a sufficient amount of tax revenues over the ensuing five years to provide for refunding the loans. (2) The loans must be evidenced by notes of the town in terms designating the nature of the consideration, the time and place payable, and the revenues out of which they will be payable. (3) The interest accruing on the notes to the date of maturity may be added to and included in their face value or be made payable periodically, as provided in the ordinance. D) Notes issued under this section and IC 36-5-2-11(d) are not bonded indebtedness for purposes of IC 6-1.1-18.5. WHEREAS, the following Wolcott Town Council meeting minutes of the August 19, 2014 stated as follows: Council member Michael Yelton moved to authorize obtaining a loan for Park Board playground equipment and accessories with a credit line up to $40,000.00; interest rate of 2.00% fixed; term of 10 semi-annual payments beginning February 15, 2015 projected payment of $4,225 per semi-annual payment; Council Vice President Jon Evans seconded the motion; and the motion passed 4-0. The Clerk-Treasurer stated that Princeton Township will pay the Town of Wolcott $3,000 each year of the loan term. WHEREAS, other pertinent information regarding the structure of the loan and repayment is missing. NOW, THEREFORE, be it ordained by the Council of the Town of Wolcott, White County, Indiana, that Ordinance No. 2014-01, To Incur Debt for Park Board Fund shall be amended to include the following information and renamed Ordinance No. 2014-02, An Amendment to Ordinance No. 2014-01 To Incur Debt for Park Board Fund: 1) Anticipated expenses will be incurred in the amount of $40,000 in the Park Board Fund for purchase and installation of playground equipment and accessories from a period of October 21, 2014 through December 31, 2015. 2) Princeton Township shall pay $3,000 annually to the Town of Wolcott Park Board Fund for five (5) years, beginning February 1, 2015 or until loan is paid in full, and the Town of Wolcott Park Board Fund shall pay, as its share, five (5) years, beginning February 1, 2015 or until loan is paid in full. Said loan payments from the Town of Wolcott will be appropriated in the Park Board Fund each year up to five (5) years. As per loan agreement, there is no penalty for early pay-off of this loan; therefore, additional principle may be made if the Wolcott Park Board Fund appropriation allows for such payment. 3) The five-year term loan of up to $40,000 shall be repaid by the Wolcott Park Board Operating Fund to the Bank of Wolcott as follows: a) Ten (10) semi-annual payments shall be made beginning February 15, 2015 in projected payment of $4,225 per semi-annual payment from Wolcott Park Board Fund, Playground Equipment Appropriation. 1. The Town of Wolcott be responsible to pay the loan agreement of $4,225 per semi-annual payment from Wolcott Park Board Fund, Playground Equipment Appropriation. 2. Princeton Township has agreed to and will make payment of a minimum of $2,000 per semi-annual payment from township accounts to the Town of Wolcott Park Boars Fund. b) As per loan agreement, there is no penalty for early pay-off of this loan; therefore, additional principle may be made if the Wolcott Park Board Fund appropriation allows for such payment. DULY ORDAINED and ADOPTED this 21st day of October, 2014, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of 3 in favor and 0 opposed; Council President Marsha L. Mackey was not in attendance. WOLCOTT TOWN COUNCIL NAY: AYE: Absent Absent Marsha L. Mackey, President Marsha L. Mackey, President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2014 - 01 TO INCUR DEBT FOR PARK BOARD FUND WHEREAS the Wolcott Town Council met Tuesday, August 19, 2014 at 6:00 p.m. in the Community Room of the Wolcott Town Hall its regular stated meeting; and, WHEREAS the Wolcott Park Board desires to incur debt to install and purchase playground equipment and accessories for the Roger Wolcott Park in the amount of $40,000.00; and, WHEREAS, the following Wolcott Town Council meeting minutes of the August 19, 2014 stated as follows: Council member Michael Yelton moved to authorize obtaining a loan for Park Board playground equipment and accessories with a credit line up to $40,000.00; interest rate of 2.00% fixed; term of 10 semi-annual payments beginning February 15, 2015 projected payment of $4,225 per semi-annual payment; Council Vice President Jon Evans seconded the motion; and the motion passed 4-0. Discussion ensued regarding procedure to establish a debt service fund or pay loan from Park Board Fund appropriations. Clerk-Treasurer Linda S. Bajzatt will ascertain information regarding procedures and facilitating of the procedure to be used; Council Vice President Jon Evans seconded the motion; and the motion passed 4-0. The Clerk-Treasurer stated that Princeton Township will pay the Town of Wolcott $3,000 each year of the loan term. NOW, THEREFORE, be it ordained by the Council of the Town of Wolcott, White County, Indiana, that 1) Anticipated expenses will be incurred in the amount of $40,000 in the Park Board Fund for purchase and installation of playground equipment and accessories from a period of September _________, 2014 through December 31, 2015. 2) Princeton Township shall pay $3,000 annually to the Town of Wolcott Park Board Fund for four (4) years, beginning February 1, 2015 or until loan is paid in full, and the Town of Wolcott Park Board Fund shall pay, as its share, annually $5,450 for four (4) years, beginning February 1, 2015 or until loan is paid in full. Said loan payment will be appropriated in the Park Board Fund each year up to four (4) years. 3) The four-year term loan of up to $40,000 shall be repaid by the Wolcott Park Board Operating Fund to the Bank of Wolcott as follows: a. Ten (10) semi-annual payments shall be made beginning February 15, 2015 in projected payment of $4,225 per semi-annual payment from Wolcott Park Board Fund, Playground Equipment Appropriation. This ordinance is passed and adopted this 19th of August, 2014. WOLCOTT TOWN COUNCIL NAY: AYE: Marsha L. Mackey, President Marsha L. Mackey, President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2013-04 ORDINANCE APPROVING RATES FOR THE WOLCOTT AMBULANCE SERVICE WHEREAS, the Town of Wolcott is the owner of emergency ambulance service, herein referenced as "Wolcott Ambulance Service," and all of said service's equipment and apparatus; and WHEREAS, the Wolcott Ambulance Service provides emergency services to the Town of Wolcott, all of Princeton Township, Round Grove Township and West Point Township, western White County, including areas of Interstate 65, and assistance to other emergency services as needed; and WHEREAS, much time has passed since the rates and charges of the Wolcott Ambulance Service were last amended by Wolcott Town Ordinance No. 2008-02, and replacement costs, repairs, and other operating costs have risen significantly; and, WHEREAS, the Wolcott Ambulance Service requires an increase in rates and charges to meet its operating need; and, WHEREAS, the Wolcott Ambulance Service has established fees to be charged to persons making use of the service. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wolcott, State of Indiana, that the schedule of fees charged by the Wolcott Ambulance Service heretofore be in effect as follows: Emergency Basic 450.00 Miles 12.00 Emergency ALS Paramedic Assist per contract with respective agency. This Ordinance upon passage and adoption shall become effective on this 7th day of May, 2013. Passed and adopted by the Town Council of the Town of Wolcott this 7th day of May, 2013. TOWN OF WOLCOTT YEA NAY /s/ Marsha L. Macke Marsha L. Mackey, Council President Marsha L. Mackey, Council President /s/ Jon H. Evans Jon H. Evans, Council Vice-President Jon H. Evans, Council Vice-President /s/ Richard A. Lynn Richard A. Lynn, Council Member Richard A. Lynn, Council Member /s/ Fred A. Young Fred A. Young, Council Member Fred A. Young, Council Member /s/ Michael A. Yelton Michael A. Yelton, Council Member Michael A. Yelton, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer Town of Wolcott

ORDINANCE NO. 2013-03 AN ORDINANCE AMENDING THE STORMWATER ASSESSMENT FEE IN ACCORDANCE WITH WOLCOTT TOWN ORDINANCE NO. 2010-02, ORDINANCE TO ESTABLISH THE FEE TO PROVIDE REVENUE TO THE STORMWATER FUND WHEREAS, Indiana Code Section 8-1.5-5, et seq., allows municipalities to establish funding thereto, and that the Town of Wolcott has not previously established funding for storm water management, and to establish a means of providing revenue to said fund; WHEREAS, it is prudent of the Town of Wolcott establish a fund regarding same to effective resolve storm water collection and disposal and to update techniques and equipment as needed; including but not limited to, repair and replace storm and drainage tiles and pursue other endeavors related the elimination of storm water from streets and properties; WHEREAS, it is the responsibility of the Town Council to establish the fee to provide revenue for Storm Water Management annually or as often as necessary in accordance with the need to establish and maintain a Storm Water Fund. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA (A) The Fee per property parcel for 2013 and thereafter until necessary to amend said rate. In accordance with I.C. Section 8-1.5-5-7, The Town Council of the Town of Wolcott establishes a Flat Fee of $2.00 for the year 2013 and each year thereafter, to provide revenue for the Stormwater Fund. Said fee shall be billed monthly. Said fee shall be collected retroactively from January 1, 2013 to current billing. (B) If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance. DULY ORDAINED and ADOPTED this 5th day of March, 2013, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of 4 in favor and 0 opposed. TOWN COUNCIL of the TOWN of WOLCOTT, INDIANA Yea Nay Marsha L. Mackey, President Marsha L. Mackey, President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2013-02 AN ORDINANCE ESTABLISHING FEES FOR PEMITTING OF DOGS AND CATS IN THE TOWN OF WOLCOTT, IN ACCORDANCE WITH ORDINANCE NO. 2007-08, REGULATING ANIMALS IN THE TOWN OF WOLCOTT The Wolcott Town Council establishes permit fees for dogs and cats which are owned, kept, harbored or being in the custody for a period of two weeks or more per year of any person who is residing within the Town of Wolcott as follows: Per Dog or Cat: Neutered or Spayed: $3:00 Not Neutered or Spayed $5.00 Introduced and Filed on the 5th day of March, 2013. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 4 in Favor and 0 Opposed, pursuant to Indiana Code 36-4-6-13). DULY PASSED AND ADOPTED this 5th day of March, 2013 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a 4 in Favor and 0 Opposed. AYE NAY Marsha L. Mackey , Council President Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

PUBLIC HEALTH AND SAFETY ORDINANCE NO. 2013-01 AMENDMENT TO ORDINANCE NO. 2001-04, ESTABLISHING RATES AND CHARGES FOR MUNICIPAL COLLECTION AND DISPOSAL FOR THE TOWN OF WOLCOTT, INDIANA WHEREAS, the Council of the Town of Wolcott, Indiana, has determined that a clean and well-maintained town is necessary for the safety and welfare of its citizens; and WHEREAS, the Council of the Town of Wolcott has become aware of residents leaving unsightly and odorous garbage and trash openly displayed in front yards more than one day before scheduled garbage and trash pick-ups; and WHEREAS, the Town of Wolcott is responsible to insure that all property within the corporate limits of the Town of Wolcott, Indiana, are collected and removed; and WHEREAS, to date, the cost for collection and removal of trash and refuse has been paid by a portion of regular tax levy on the property owners in the Town of Wolcott and by a portion paid by the resident and/or the property owners in the Town of Wolcott; and WHEREAS, after due consideration of the estimated cost for the provision of trash and refuse collection service within the Town of Wolcott, Indiana, the Council of the Town of Wolcott has determined that in the best interest of its citizens, it is necessary that the Council of the Town of Wolcott to adopt an ordinance increasing the fees and charges for the use of the trash and refuse collection service, and to set a schedule of when garbage and trash shall be set out for pick-up. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wolcott, White County, Indiana, as follows: SECTION II Rates and Charges 1. Fees. The owner and/or the occupant of each residence or residential unit or other non-family dwelling located within the Town of Wolcott which are currently being provided Trash Collection Service by the Town or its agent(s) shall continue to be provided Trash Collection Service by the Town or its agent(s) unless specified differently in the contractual agreement between the Town and its agent(s). The service fee for each single residential unit and other non-family structure shall be assessed in accordance with the current contract for said service. Any additional fees for administrative purposes by the town shall be determined by the town council. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, with the regular Water and Wastewater billing for water and other charges. 2. Billing. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, by the Town of Wolcott in the same manner as other utility rates and charges are collected 3. Liability for payment. The user charges imposed under this division shall be billed to the person who is billed for water service at the residence dwelling, apartment or commercial unit, unless by contract with the town another person assumes responsibility. If a tenant, occupant or other non-owner is billed, the owner shall be liable for the user charge if payment is not made by the tenant, occupant or other non-owner when the charge is due as required in this division. Such owner shall have the right to examine the town's collection records to ascertain whether such charges have been paid. 4. Delinquent accounts. (a) Fees levied pursuant to this division shall be due and payable on or before the due dates shown on the bills. Any fee not paid by the due date (approximately 15 days after the bill is rendered) shall be considered delinquent. Such delinquent fee, together with any applicable interest, shall be collectible as set forth in this section. Any delinquent or unpaid rates and charges may be assessed a 10% penalty and collected according to the provisions of Indiana Code as amended. (b) If provided by the state statutes, delinquent fees may be made a lien against the property served through certification to the auditor and the recorder of the county. (c) In addition to the remedies otherwise provided for in this section, the town shall have the right to bring a civil action to recover any delinquent fees, together with interest at the rate of eight percent per annum and a reasonable attorney's fee. It shall also have the right, if provided by the statutes of the state, to foreclose any lien established under the provisions of this section with recovery of the charge, interest of eight percent per annum and a reasonable attorney's fee. SECTION III Revenues 1. All revenues generated from the collection of fees for trash collection as provided above shall be paid in the Office of the Clerk-Treasurer of the Town of Wolcott. 2. Upon receipt of all such revenues, the Town Clerk-Treasurer shall deposit such revenues into the General Fund. 3. The Council of the Town of Wolcott shall utilize such revenues deposited in the General Fund in such manner and for such purposes and in the manner required for appropriation and expenditure of funds as provided by law. SECTION IV Effective Date This Amendment to Ordinance No. 2011-04 shall be in full force and effect retroactive as of January 1, 2013, upon final hearing according to law and passage by the Council of the Town of Wolcott, Indiana, as described in IC 5-3-1-4. The rates established herein shall remain in effect until amended or changed by the Council of the Town of Wolcott. This ordinance shall amend or revoke any previously adopted ordinances in conflict herewith. Passed and adopted by the common Council of the Town of Wolcott, White County, State of Indiana, this 5th day of March, 2013. YEA NAY Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Richard A. Lynn, Council Member Fred A. Young, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member Michael A. Yelton, Council Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. 2012-07 ORDINANCE TO RE-ESTABLISH THE FEE TO PROVIDE REVENUE TO THE STORMWATER FUND WHEREAS, Indiana Code Section 8-1.5-5, et seq., allows municipalities to establish funding thereto, and that the Town of Wolcott has not previously established funding for storm water management, and to establish a means of providing revenue to said fund; WHEREAS, it is prudent of the Town of Wolcott establish a fund regarding same to effective resolve storm water collection and disposal and to update techniques and equipment as needed; including but not limited to, repair and replace storm and drainage tiles and pursue other endeavors related the elimination of storm water from streets and properties; WHEREAS, it is the responsibility of the Town Council to review and establish the fee to provide revenue for Storm Water Management annually or as often as necessary in accordance with the need to establish and maintain a Storm Water Fund. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA (A) In accordance with I.C. Section 8-1.5-5-7, the Town Council of the Town of Wolcott re-establishes a Flat Fee of $2.00 for the year 2012 and all years thereafter. Or deemed as is necessary and prudent for the creation of said fund and operation therewith, to provide revenue for the Storm Water Fund to be collected in connection with the garbage collection. Said fee shall be billed with the garbage collection billing; however, said billing is not associated with collection of garbage, nor is the collection of same related thereto. Said fee shall be collected January 1, 2012 and monthly thereafter. (D) If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance. DULY ORDAINED and ADOPTED this day of , 2012, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of in favor and opposed. TOWN COUNCIL of the TOWN of WOLCOTT, INDIANA Yea Nay Marsha L. Mackey, President Marsha L. Mackey, President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer (E) Establishment of a Fee to Provide Revenue for Storm Water Fund. The Town Council of Town of Wolcott establishes a fee, in accordance with I.C. Section 8-1.5-5-7. The Town Council shall establish a flat fee per parcel of property within the Special Taxing District to provide revenue for the Storm Water Fund. The Town Council shall establish said fee annually, or as often as is necessary and prudent for the creation of said fund and operation therewith. (F) If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance. DULY ORDAINED and ADOPTED this 16th day of February , 2010, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of 4 in favor and 0 opposed. TOWN COUNCIL of the TOWN of WOLCOTT, INDIANA Yea Nay /s/ Marsha L. Mackey Marsha L. Mackey, President Marsha L. Mackey, President /s/ Jon H. Evans Jon H. Evans, Vice President Jon H. Evans, Vice President /s/ Richard A. Lynn Richard A. Lynn, Member Richard A. Lynn, Member /s/ Jerry Pinkerton Jerry Pinkerton, Member Jerry Pinkerton, Member /s/ Fred A. Young Fred A. Young, Member Fred A. Young, Member Attest: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

PUBLIC HEALTH AND SAFETY ORDINANCE NO. 2012-06 AMENDMENT TO ORDINANCE NO. 2011-02, ESTABLISHING RATES AND CHARGES FOR MUNICIPAL COLLECTION AND DISPOSAL FOR THE TOWN OF WOLCOTT, INDIANA WHEREAS, the Council of the Town of Wolcott, Indiana, has determined that a clean and well-maintained town is necessary for the safety and welfare of its citizens; and WHEREAS, the Council of the Town of Wolcott has become aware of residents leaving unsightly and odorous garbage and trash openly displayed in front yards more than one day before scheduled garbage and trash pick-ups; and WHEREAS, the Town of Wolcott is responsible to insure that garbage and trash from all property within the corporate limits of the Town of Wolcott, Indiana, are collected and removed according to this ordinance; and WHEREAS, after due consideration of the estimated cost for the provision of trash and refuse collection service within the Town of Wolcott, Indiana, the Council of the Town of Wolcott has determined that in the best interest of its citizens, it is necessary that the Council of the Town of Wolcott to adopt an ordinance increasing the fees and charges for the use of the trash and refuse collection service, and to set a schedule of when garbage and trash shall be set out for pick-up. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wolcott, White County, Indiana, as follows: Rates and Charges 1. Fees. The owner and/or the occupant of each residence or residential unit or other non-family dwelling located within the Town of Wolcott which are currently being provided Trash Collection Service by the Town or its agent(s) shall continue to be provided Trash Collection Service by the Town or its agent(s) unless specified differently in the contractual agreement between the Town and its agent(s). Each single residential unit and other non-family dwelling shall be assessed a fee of $8.75 per month for year 2013 beginning January 1 and ending December 31 of that respective year. Further, each single residential unit and other non-family dwelling shall be assessed a fee of $9.00 per month for year 2014, beginning January 1 and ending December 31 of that respective year; and each single residential unit and other non-family dwelling shall be assessed a fee of $9.27 per month for year 2015, beginning January 1 and ending December 31 of that respective year. The fees for collection and disposal of garbage and refuse shall be determined by the town council. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, with the regular Water and Wastewater billing for water and other charges as set forth in Ordinance No. 2004-05. Effective Date This Amendment to Ordinance No. 2012-06 shall be in full force and effect as of January 1, 2013, and through December 31, 2015, upon final hearing according to law and passage by the Council of the Town of Wolcott, Indiana, as described in IC 5-3-1-4. The rates established herein shall remain in effect until amended or changed by the Council of the Town of Wolcott. This ordinance shall amend or revoke any previously adopted ordinances in conflict herewith. Passed and adopted by the common Council of the Town of Wolcott, White County, State of Indiana, this day of . YEA NAY Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Council Member Richard A. Lynn, Council Member Fred A. Young, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member Michael A. Yelton, Council Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

TOWN OF WOLCOTT Drug Free Workplace Ordinance ORDINANCE NO. 2012-05 Section 1 Overview WHEREAS, the Town of Wolcott, Indiana makes a commitment to provide employees a safe working environment, to ensure that employees, equipment and operating practices comply with health and safety standards, and to maintain public confidence in the Town and its employees. Since the Town of Wolcott, Indiana values each employee, the Town offers employees assistance in dealing with alcohol and drug abuse problems. Section 2 Policy WHEREAS, the Town of Wolcott, Indiana requires all employees to report for work in a condition that allows them to perform their duties in a safe and efficient manner. Employees will not be permitted to work under the influence of alcohol or with prohibited drugs in their systems thereby affecting job performance. Violation of any provision of this Ordinance will be considered just cause for disciplinary action up to and including discharge, even for a first offense. In addition, refusal to adhere to any part of the policy may be considered an act of insubordination and also may lead to disciplinary action up to and including discharge. This Ordinance and related procedures may be modified by the Town at any time in order to comply with any applicable federal, state or local laws or to better serve the needs of the Town. Section 3 Prohibited Drugs Prohibited drugs are defined as illegal substances, including controlled substances as defined in the Controlled Substance Act (21 U.S.C. 8120 and the Code of Federal Regulations (21 C.F.R. 1308.11-1308.15) and prescription controlled substance which have not been prescribed by a licensed physician or dentist for specific treatment purposes for the employee. Abuse of prescription or over-the-counter drugs will also be treated as a substance abuse problem under this Ordinance. This Ordinance prohibits the illegal use, sale, transfer, distribution, possession, or unlawful manufacture of narcotics, drugs, or other controlled substances while on the job or on Town premises (including vehicles used for Town business). These include but are not limited to marijuana, cocaine, crack, PCP, heroin, LSD, amphetamines, hallucinogens, and barbiturates. Any illegal substances found on such premises will be turned over to the state police and may lead to criminal prosecution. Section 4 Alcohol The use of alcohol on the job or on Town premises is prohibited, unless such use is non-abusive and is part of an authorized official event held off Town premises. The use of alcohol in vehicles used for Town business is strictly prohibited. Alcohol possession applies to all open or unsealed alcoholic beverage containers. Such containers are not allowed on the job or on Town premises, unless their possession is part of an authorized official event. Possession of such containers in vehicles used for Town business is never authorized. Section 5 Reporting Violations Employees must as a condition of employment, abide by the terms of this Ordinance and report any conviction to the Town under a criminal drug statute for violations occurring on or off Town premises when conducting Town business. Report of a conviction must be made to the Town within five (5) business days after the conviction. The Town will then notify the appropriate contracting officer within ten (10) days after receiving notice from either the employee or from another source. (These requirements are mandated by the Drug-Free Workplace Act of 1988.) An employee who is involved with off the job illegal drug activity may be considered in violation of this Ordinance. In determining whether disciplinary action will be imposed for this activity, the Town will consider the circumstance of each incident, including but not limited to any adverse effect the employee’s actions may have on its customers, other employees, the public, or the Town’s reputation and image. Any questions regarding the reporting of violations should be directed to the Clerk-Treasurer. Section 6 Employee Rehabilitation Health maintenance is primarily a personal responsibility and it is the individual’s responsibility to correct unsatisfactory job performance or behavioral problems caused by alcohol or drug abuse. In an effort to assist employees, the Town will provide various means for employees and their family members to remain aware of the dangers of substance abuse in the workplace and to overcome drug and alcohol related problems. Employees with a personal, alcohol or drug related problem are encouraged to volunteer to participate in a approved rehabilitation program upon referral from the Employee and Family Assistance Program, before work performance becomes affected. Participation in a rehabilitation program will not be considered a barrier to employment nor a cause for disciplinary action. Employees will not be disciplined merely because of participation in a rehabilitation program or excused from the disciplinary consequences of conduct which is in violation of this Ordinance or any other Town policies or job requirements. Any employee identified through a Town investigation as having a substance abuse problem also may not avoid disciplinary action by requesting to participate in an approved rehabilitation program. Circumstances in each case will be evaluated to determine the course of action to be taken (i.e., whether the employee will be offered the opportunity to participate in a rehabilitation program and/or will be subject to discipline.) Section 7 Testing The Town of Wolcott, Indiana may ask employees who are in safety and/or security positions to submit to random alcohol or drug tests. Alcohol or drug tests may be required for employees in the following circumstances: 1 When unsatisfactory job performance or other employee behavior is reasonably indicative of substance abuse. 2 During and after participation in a drug or alcohol rehabilitation program for a reasonable period of time as determined by the Town. 3 When required by law. If a supervisor identifies an employee with a behavior pattern and/or job performance reasonably indicative of substance abuse, the supervisor (with the concurrence of the next level of supervision) may recommend that the employee have a fitness for duty examination by a physician designated by the Town. The physician will determine whether a fitness for duty examination is necessary and whether alcohol or drug tests will be required. Pre-employment drug testing is part of the pre-employment physical. The method of testing will be determined by the Town. Applicants who test positive for prohibited drugs in their systems will not be offered employment. Any questions regarding reapplication opportunities should be directed to the Clerk-Treasurer. Certification of Adoption It is hereby certified that this Ordinance No. 2012-04 was passed by the Common Council of the Town of Wolcott, Indiana, at its legally convened meeting on November 20, 2012. Wolcott Town Council YEA NAY Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Richard A. Lynn, Council Member Fred A. Young, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member Michael A. Yelton, Council Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

TOWN OF WOLCOTT Fair Housing Ordinance ORDINANCE NO. 2012-04 WHEREAS, in accordance with the Civil Rights Act of 1968, as amended, the Housing and Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1, et. Seq., the following provisions are necessary and appropriate to prevent discrimination in the area of housing because of race, color, religion, sex, handicap, familial status or national origin: NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF WOLCOTT, INDIANA, AS FOLLOWS: Section 1 Policy Statement It shall be the policy of the Town of Wolcott, Indiana, to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1 et. seq. Section 2 Definitions The definitions set forth in this Section shall apply throughout this Ordinance: A. Dwelling means any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one (1) or more families (I.C. 22-9.5-2-8). B. Family includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined in subsection (H) of this Section. Also, pursuant to 24 CFR Part 5, the definition of “family” is revised to include families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members. C. Person (I.C. 22-9.5-2-11), includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries. D. To Rent (I.C. 22-9.5-2-13), includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant. E. Discriminatory Housing Practice means an act that is unlawful under Sections 4,5,6,7 or 8 of this Ordinance or I.C. 22-9.5-5. F. Handicap means, with respect to a person: 1. a physical or mental impairment which substantially limits one or more of such person’s major life activities. 2. a record of having such an impairment, or 3. being regarded as having such an impairment, 4. an impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990. 5. Any other impairment defined under I.C. 22-9.5-2-10. The term ‘Handicap’ shall not include current illegal use of or addictions to a controlled substance as defined in Section 802 of Title 21 of the United States Code (I.C. 22-9.5-2-10(b); nor does the term ‘Handicap’ include an individual solely because that individual is a transvestite (I.C. 22-9.5-2-10(c). G. An Aggrieved Person includes any person who (I.C. 22-9.5-2-2): 1. claims to have been injured by a discriminatory housing practice; or 2. believes that such person will be injured by a discriminatory housing practice that is about to occur. H. Familial Status means one or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. I. Commission (I.C. 22-9.5-2-3) means the Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4, et. Seq. J. Complainant (I.C. 22-9.5-2-4) means a person, including the Commission, who files a complaint under I.C. 22-9.5-6. Section 3 Unlawful Practice Subject to the provisions of subsection (B) of this Section, Section 9 of this Ordinance and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination in the sale or rental of housing set forth Title 22-9.5-5-1 of Indiana Code and in Section 4 of this Ordinance shall apply to: A. All dwellings except as exempted by subsection (B) and Title 22-9.5-3 of Indiana Code. B. Other than the provisions of subsection (C) of this Section, nothing in Section 4 shall apply to: 1. Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single family house by a private individual owner not residing in the house at the time of sale or exemption shall apply only to one such sale within any twenty-four (24) month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single family house shall be exempted from application of this section only if such house is sold or rented: a. without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person and b. without the publication, posting or mailing, after notice of advertisement or written notice in violation of Section 4( C) of this Ordinance, but noting in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title, or 2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. C. For the purposes of subsection (B), a person shall be deemed to be in the business of selling or renting dwellings if: 1. They have, within the preceding twelve (12) months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or 2. They have, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or 3. They are the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five (5) or more families. Section 4 Discrimination in the Sale or Rental of Housing As made applicable by Section 3 and except as exempted by Section 3(B) and 9, it shall be unlawful: A. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status or national origin. B. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services of facilities in connection therewith, because of race, color, religion, sex, handicap, familial status or national origin. C. To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination. D. To represent to any person because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. E. For profit, to induce or attempt to induct any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status or national origin. F. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: 1. that buyer or renter; 2. a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or 3. any person associated with that person. G. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of: 1. that person; or 2. a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or 3. any person associated with that person. H. For purposes of this subsection, discrimination includes: 1. a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted; 2. a refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or 3. in connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1998, a failure to design and construct those dwellings in such a manner that; a. the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; b. all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and c. all premises within such dwellings contain the following features of adaptive design: i. an accessible route into and through the dwelling; ii. light, switches, electrical outlets , thermostats, and other environmental controls in accessible locations; iii. reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space. Compliance with the appropriate requirement Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility an usability for physically handicapped people (commonly cited as ANSI A117.1") suffices to satisfy the requirements of paragraph (3) (C)(iii). Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health of safety of other individuals of whose tenancy would result in substantial physical damage to the property of others. Section 5 Discrimination in Residential Real Estate-Related Transactions A. It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin. B. As used in this section, the term residential real estate-related transaction means any of the following: 1. The making or purchasing of loans or providing other financial assistance: i. for purchasing, constructing, improving, repairing, or maintaining a dwelling; or ii. secured by residential real estate. 2. The selling, brokering, or appraising of residential real property. C. Nothing in this Ordinance prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status. Section 6 Discrimination in the Provision of Brokerage Service It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status or national origin. Section 7 Interference, Coercion, or Intimidation It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 3, 4, 5 or 6 of this Ordinance. Section 8 Prevention of Intimidation in Fair Housing Cases Whoever, whether or not acting under code or law, by force or threat of force willfully injures, intimidates or interferes with, or attempt to injure, intimidate or interfere with: A. any person because of his race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or B. any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from: 1. participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (A); or 2. affording another person or class of persons opportunity or protection so to participate; or C. any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (A), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined according to local, state and federal law; and if bodily injury results shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. Section 9 Exemptions A. Exemptions defined or set forth under Title 22-9.5-3 et. seq. of Indiana Code shall be exempt from the provisions of this Ordinance to include those activities or organizations set forth under subsections (B) and (C )of this Section. B. Nothing in this Ordinance shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this Ordinance prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members. C. Nothing in this Ordinance regarding familial status shall apply with respect to housing for older persons. As used in this Section, ‘housing for older persons’ means housing: 1. provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly person (as defined in the state or federal program) or; 2. intended for, and solely occupied by, person 62 years of age or older; or 3. intended and operated for occupancy by at least one person 55 years of age or older per unit. Section 10 Administrative Enforcement of Ordinance A. The authority and responsibility for properly administering this Ordinance and referral of complaints hereunder to the Commissioner as set forth in subsection (B) hereof shall be vested in the Chief Elected Official of the Town of Americana, Indiana. B. Notwithstanding the provisions of I.C. 22-9.5-4-8, the Town of Americana, Indiana, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the Ordinance, herein elects to refer all formal complaints of violation of the articles of this Ordinance by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code and the Chief Elected Official of the Town of Americana, Indiana, shall refer all said complaints to the Commission as provided for under subsection (A) of this Section to said Commission for purposes of investigation, resolution and appropriate relief as provided for under Title 22-9.5-6 of Indiana Code. C. All executive departments and agencies of the Town of Americana, Indiana shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this Ordinance and shall cooperate with the Chief Elected Official and the Commission to further such purposes. D. The Chief Elected Official of the Town of Americana , Indiana, or the Chief Elected Official’s designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information. Section 11 Separability of Provisions If any provision of this Ordinance or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Ordinance and the application of its provisions to other persons not similarly situated or to other circumstances shall not be affected thereby. Certification of Adoption It is hereby certified that this Ordinance No. 2012-04 was passed by the Common Council of the Town of Wolcott, Indiana, at its legally convened meeting on November 20, 2012. Wolcott Town Council YEA NAY Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Richard A. Lynn, Council Member Fred A. Young, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member Michael A. Yelton, Council Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

TOWN OF WOLCOTT Ordinance No. 2012-03 An Ordinance to Establish an Anti-Nepotism Policy Whereas, in 2012 the Indiana Legislature passed, and the Governor signed, HEA 1005 entitled Nepotism; Conflict of Interest; Whereas, IC 36-1-20.2, as added by P.L. 135-2012, SECTION 7, requires the Town of Wolcott to establish a policy concerning nepotism; Whereas, IC 36-1-21, as added by P.L. 135-2012, SECTION 8, requires the Town of Wolcott to establish a policy concerning contracting with relatives of elected officials; Whereas, these two new chapters, IC 36-1-20.2 Nepotism and IC 36-1-21 Contracting with a Unit, respectively, are effective July 1, 2012; Whereas, in both of the new Indiana Code chapters, the municipal legislative bodies are mandated to adopt a policy that includes, as a minimum, the requirements set forth in those new chapters; Whereas, in both of the new Indiana Code chapters “relative” is defined as a spouse, parent, stepparent, child (natural or adopted), stepchild, brother, half- brother, sister, half-sister, stepbrother, stepsister, niece, nephew, aunt, uncle, daughter-in-law or son-in-law; Whereas, after thoughtful consideration and in order to comply with the two new chapters of the Indiana Code mentioned above, the Wolcott Town Council believes it is in the best interests of its citizens to adopt as its policies the minimum requirements of IC 36- 1-20.2 Nepotism and IC 36-1-21 Contracting with a Unit as stated in the said new chapters of the Indiana Code; and NOW, THEREFORE, the Town Council of Wolcott states as follows: 1. The Town finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the Town of Wolcott and in contracting with the Town of Wolcott in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012 known as IC 36-1-20.2 and IC 36-1-21, respectively. 2. On July 1, 2012 the Town shall have a Nepotism and a Contracting with a Unit policy that complies with the minimum requirements of IC 36-1-20.2 (hereinafter “Nepotism Policy”) and IC 36-1-21 (hereinafter “Contracting with a Unit by a Relative Policy”) and implementation will begin. 3. The Town of Wolcott Nepotism Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein. In addition a copy of IC 36-1-20.2 Nepotism in effect on July 1 is attached hereto. 4. The Town of Wolcott Contracting with a Unit by a Relative Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein. In addition a copy of the IC 36-1-21 Nepotism in effect on July 1 is attached hereto. 5. The Town finds that both IC 36-1-20.2 and IC 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed are necessary. 6. The Town further finds that a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body and therefore without such authority by the majority he/she will not be in the direct line of supervision. See, [IC 36-4-6-11] [IC 36-5 -2-9.4]. 7. The Town finds that a single member of governing bodies with authority over employees in the Town of Wolcott cannot act for the governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body, when a statute provides that a majority is needed to act, and therefore, without such authority by the majority the single member will not be in the direct line of supervision. 8. All elected and appointed officials and employees of the Town are hereby directed to cooperate fully in the implementation of the policies created by this Ordinance and demonstrating compliance with these same policies. 9. Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Nepotism Policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the Town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the Nepotism Policy may be subject to action allowed by law. 10. Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Contracting with Unit by a Relative Policy is a violation and may result in the discipline, including termination, of an employee or a curative action. An elected or appointed official of the Town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the Contracting with Unit by a Relative Policy may be subject to action allowed by law. 11. The polices created by this Ordinance are hereby directed to be implemented by any of the following actions: a) posting a copy of this Ordinance in its entirety in at least one of the locations in the Town of Wolcott where it posts employer posters or other notices to its employees; b) providing a copy of this Ordinance to its employees and elected and appointed officials; c) providing or posting a notice of the adoption of this Ordinance; or d) any such other action or actions that would communicate the polices established by this Ordinance to its employees and elected and appointed officials. Upon the taking of any of these actions the policies are deemed implemented by the Town. 12. A copy of the provisions of IC 36-1-20.2 and IC 36-1-21 effective July 1, 2012 are annexed hereto. 13. Two (2) copies of IC 36-1-20.2 and IC 36-1-21, and as supplemented or amended, are on file in the office of the Clerk-Treasurer for the Town of Wolcott for public inspection as maybe required by IC 36-1-5-4. 14. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance, which can be given effect without such invalid parts or parts. 15. This ordinance shall be in full force and effect as of July 1, 2012. PASSED AND ADOPTED by the Town Council of the Town of Wolcott, Indiana on this 19th day of June, 2012. TOWN COUNCIL, TOWN OF WOLCOTT, INDIANA Aye Nay Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Richard A. Lynn, Council Member Fred A. Young, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member Michael A. Yelton, Council Member ATTEST: ________________ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer