Search Results

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

ORDINANCE NO. 2012-01 AN ORDINANCE TO RE-ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND WHEREAS, IC 36-9-15-5 allows municipalities to establish a Cumulative Capital Development Fund; and WHEREAS, it is the duty and the responsibility of the Wolcott Town Council to consider and adopt legislation intended to facilitate fiscal responsibility and to take advantage of the economic opportunities that are offered by the State of Indiana; and, WHEREAS, the Town of Wolcott had established in 1996 a Cumulative Capital Development Fund according to IC 36-9-15-5, which said fund was established to provide for the acquisition of a new fire truck, and now wishes to re-established for the purpose of all municipality purposes; and WHEREAS, the Town of Wolcott adopted the maximum rate of levy allowed of .0500 per $100 Assessed Valuation, but due to property tax assessment, the maximum levy has been decreased; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF WOLCOTT: Section 1. The Wolcott Cumulative Capital Development Fund is now re-established and re-titled Wolcott Municipal Cumulative Capital Development Fund. Section 2. The reestablishment of a Cumulative Capital Development Fund shall be established under the provisions of IC 36-9-15.5 for all uses as set out in IC 36-9-15.5, 36-8-14, 36-9-16-2, 36-9-16-3, 36-9-16.5, 36-9-17, 36-9-26, 36-9-27-100, 36-10-1-4, 36-10-3-21, and 36-10-4-36. Section 3. That an ad volarem property tax levy is being re-established at the maximum rate and the revenues from the levy will be retained in the Town of Wolcott Municipal Cumulative Capital Development Fund. Section 4. That the maximum rate of levy under Section 2 will not exceed .0500 per $100 Assessed Valuation for year 20011 and thereafter. Section 5. That the Town of Wolcott Municipal Cumulative Capital Development Fund is established until such time as the fund is rescinded. Section 6. That the funds accumulated in the Town of Wolcott Municipal Cumulative Capital Development Fund shall be used as specified and as specifically provided in IC 36-9-15.5, and shall be specifically designated by the Common Council as it deems fit and advises to spend the Capital Development Funds as set forth: For capital improvements, as described in IC 36-8-14, regarding firefighting, building, equipment and police radio equipment; For capital improvements, as described in IC 36-9-16-2, regarding the erection of buildings; For capital improvements, as described in IC 36-9-16-3, regarding expenditures for general cumulative capital improvement projects; For capital improvements, as described in IC 36-9-16.5 et seq., regarding expenditures for public streets, thoroughfares, sidewalks, and the like; For capital improvements, as described in IC 36-9-17 et seq., regarding expenditures for the general improvement fund as provided; For capital improvements, as described in IC 36-9-26 et seq., regarding establishment of a Cumulative Building Fund for Municipal Sewers as provided; For capital improvements, as described in IC 36-9-27-10, regarding establishment of a Cumulative Building Fund for Park and Recreation as provided; For capital improvements, as described in IC 36-9-27-10, regarding establishment of a Cumulative Building and Sinking Fund for Park and Recreation as provided; For capital improvements, as described in IC 36-10-3-21 et seq., regarding expenditures for the general improvement fund as provided; For capital improvements, as described in IC 36-10-1-4 et seq, regarding improvements and capital expenditures for structural/building improvements in the park system. Section 7. Notwithstanding Section 5, funds accumulated in the Town of Wolcott Municipal Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in Section 5 if the purpose is to protect the public heath, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Town Council President issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund. Section 8. This re-establishment of an ad volarem property tax levy at the maximum rate takes effect upon approval of the Department of Local Government Finance. PASSED AND ADOPTED by the Council of the Town of Wolcott, White County, Indiana, this day of , 2012. COUNCIL OF THE TOWN OF WOLCOTT Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

Ordinance No. 2011-03 AN ORDINANCE AMENDING RATES AND CHARGES FOR THE USE OF THE WASTEWATER SYSTEM AND RELATED SERVICES OF THE TOWN OF WOLCOTT WHEREAS, Indiana Code Section 8-1.5-3-8 requires that the Town of Wolcott (“Town”) on behalf of its utility establish rates and charges which will produce an income sufficient to maintain the utility property in sound physical and financial condition to render adequate and efficient service; and WHEREAS, said Code section requires that rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the Town wastewater system. Such rates and charges shall produce sufficient revenue to: (1) pay all the legal and other necessary expenses incident to the operation of the utility, including: (A) maintenance costs; (B) operating charges; (C) upkeep; (D) repairs; (E) depreciation; and (F) interest charges on bonds or other obligations, including leases; (2) provide a sinking fund for liquidation of bonds or other obligations, including leases; (3) provide a debt service reserve for bonds or other obligations, including leases, in an amount established by the municipality, not to exceed the maximum annual debt service on the bonds or obligations or the maximum annual lease rentals; (4) provide adequate money for working capital; (5) provide adequate money for making extensions and replacements to the extent not provided for through depreciation in subdivision (1); and (6) provide money for the payment of any taxes that may be assessed against the utility. WHEREAS, the Town Council of the Town has previously adopted Ordinance No. 2007-02 (collectively, “Ordinance”) establishing the wastewater rates and charges for the use and services rendered by the wastewater works of the Town; and WHEREAS, the Town Council finds that the rates and charges established by the Ordinance are insufficient to enable the Town to properly operate its wastewater plant, service its bonds and finance additions and improvements to its wastewater system; and WHEREAS, the Town Council of the Town has employed H. J. Umbaugh & Associates, a certified public accounting company, to study the financial status of the town’s utilities, to complete financial and rate studies, and based upon such rate study, the Town Council of the Town finds that certain rates and charges contained in the Ordinance should be increased. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, INDIANA: Section 1. The following rates are hereby amended and restated as follows: Metered Rates Based on Monthly Water Usage Treatment Rate Treatment Rate Per 1000 Gallons $ 7.18 Base Charge (in addition to treatment rate) Per Month Water Meter Size 5/8 inch meters $17.25 3/4 inch meters 23.81 1 inch meters 41.07 1 ¼ inch meters 64.72 1 ½ inch meters 93.44 2 inch meters 159.81 3 inch meters 365.75 4 inch meters 650.71 6 inch meters 1,458.53 CONNECTION OR TAP-ON CHARGES [1] 5/8 inch meters $1,225.00 [1] 3/4 inch meters [1] 1 inch meters [1] 1 ¼ inch meters [1] 1 ½ inch meters [1] 2 inch meters [1] 3 inch meters [1] 4 inch meters [1] [1] All connection charges will be made at the actual cost of making the connection – at a minimum of $1,225.00. PERMIT FEE No connection to the Town’s wastewater systems shall be allowed until an inspection fee of $30.00 has been made to the Town, and an inspection by the Wolcott Wastewater Superintendent and/or Wolcott Municipal Utilities Employee has been made and certified that said connection is correct and allowable. Section 2. 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. Section 3. All other provision of all other rates and charges established by the Ordinance shall remain in full force and effect. Section 4. This ordinance shall be in full force and effect from and after its passage. PASSED AND ADOPTED by the Town Council of the Town of Wolcott, Indiana on the 15th day of November 2011. 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

PUBLIC HEALTH AND SAFETY ORDINANCE NO. 2011-02 AMENDMENT TO ORDINANCE NO. 2006-03, 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 2010 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 2011, 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 $9.25 per month for year 2012, 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. 2006-03 shall be in full force and effect, retroactively, as of January 1, 2010, and through December 31, 2012, 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 15th day of November, 2011. 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

ORDINANCE NO. 2011-01 AN ORDINANCE TO RE-ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND WHEREAS, IC 36-9-15-5 allows municipalities to establish a Cumulative Capital Development Fund; and WHEREAS, it is the duty and the responsibility of the Wolcott Town Council to consider and adopt legislation intended to facilitate fiscal responsibility and to take advantage of the economic opportunities that are offered by the State of Indiana; and, WHEREAS, the Town of Wolcott had established in 1996 a Cumulative Capital Development Fund according to IC 36-9-15-5, which said fund was established to provide for the acquisition of a new fire truck, and is now re-established for the purpose of all municipality purposes ; and WHEREAS, the Town of Wolcott adopted the maximum rate of levy allowed of .0500 per $100 Assessed Valuation, but due to property tax assessment, the maximum levy has been decreased to .0280; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF WOLCOTT: Section 1. The Wolcott Cumulative Capital Development Fund is now re-established and re-titled Wolcott Municipal Cumulative Capital Development Fund. Section 2. That an ad volarem property tax levy is being re-established at the maximum rate and the revenues from the levy will be retained in the Town of Wolcott Municipal Cumulative Capital Development Fund. Section 3. That the maximum rate of levy under Section 2 will not exceed .0500 per $100 Assessed Valuation for year 20011 and thereafter. Section 4. That the Town of Wolcott Municipal Cumulative Capital Development Fund is established until such time as the fund is rescinded. Section 5. That the funds accumulated in the Town of Wolcott Municipal Cumulative Capital Development Fund shall be used as specified and as specifically provided in IC 36-9-15.5, and shall be specifically designated by the Common Council as it deems fit and advises to spend the Capital Development Funds as set forth: For capital improvements, as described in IC 36-8-14, regarding firefighting, building, equipment and police radio equipment; For capital improvements, as described in 36-9-4-48, regarding public transportation; For capital improvements, as described in IC 36-9-16-2, regarding the erection of buildings; For capital improvements, as described in IC 36-9-16-3, regarding expenditures for general cumulative capital improvement projects; For capital improvements, as described in IC 36-9-16.5 et seq., regarding expenditures for public streets, thoroughfares, sidewalks, and the like; For capital improvements, as described in IC 36-9-17 et seq., regarding expenditures for the general improvement fund as provided; For capital improvements, as described in IC 36-9-27-100, regarding capital improvements in drainage facilities; For capital improvements, as described in IC 36-10-1-4., regarding improvements and capital expenditures for structural/building improvements in the park system. Section 6. The Wolcott Town Council shall designate the specific use of funds as the Council deems fit, necessary and proper, and in accordance with IC 35-9-15.5, for the designation of the use of the Capital Improvements Funds as specifically set forth. Section 7. Notwithstanding Section 5, funds accumulated in the Town of Wolcott Municipal Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in Section 5 if the purpose is to protect the public heath, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Town Council President issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund. Section 7. This re-establishment of an ad volarem property tax levy at the maximum rate takes effect upon approval of the Department of Local Government Finance. PASSED AND ADOPTED by the Council of the Town of Wolcott, White County, Indiana, this 19th day of July 19, 2011. COUNCIL OF THE TOWN OF WOLCOTT Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

TOWN OF WOLCOTT, WHITE COUNTY, INDIANA 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 2010. In accordance with I.C. Section 8-1.5-5-7, The Town Council of the Town of Wolcott establishes a Flat Fee of $2.25 for the year 2010, 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 retroactively from January 1, 2010 to current billing. (B) The Fee per property parcel for 2011. 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 2011, 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. . (C) The Fee per property parcel for 2012. In accordance with I.C. Section 8-1.5-5-7, The Town Council of the Town of Wolcott establishes a Flat Fee of $1.75 for the year 2012, 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. (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 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

TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. 2010-01 ORDINANCE TO ESTABLISH THE TOWN OF WOLCOTT AS A SPECIAL TAXING DISTRICT FOR STORMWATER MANAGEMENT AND ESTABLISH A STORMWATER FUND WHEREAS, municipalities of Indiana are authorized to adopt Ordinances for the purpose of protecting the health, safety and welfare of its residents, 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, Indiana Code Section 8-1.5-5 et seq., authorizes the Town of Wolcott, to establish 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 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 citizens of the Town of Wolcott; and 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 to establish a fund regarding same to effectively 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; NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE ESTABLISHING THE TOWN OF WOLCOTT AS A SPECIAL TAXING DISTRICT FOR STORMWATER MANAGEMENT AND ESTABLISH A STORMWATER FUND (A) Definitions. Section ___-01. Definitions – “Special Taxing District” For purposes of this Chapter, shall mean all properties located within corporate boundary of the Town of Wolcott, State of Indiana as defined by Indiana Code Section 8-1.5-5 -5, to be utilized for funding Storm Water Management for said municipality. Section ___-02. Definition.- “Storm Water Management” for purposes of this Chapter, as defined by Indiana Code Section 8-1.5-5 et seq., shall mean the installation, maintenance and operation of storm water collection and disposal; which includes, but is not limited to, the repair and replacement storm and drainage tiles and pursue other endeavors related the elimination of storm water from streets and properties. Section ___-03. Definition.- “Storm Water Management Board” for purposes of this Chapter, as defined by Indiana Code Section 8-1.5-5 et seq., shall mean a board established by the Town Council of Wolcott to be responsible for Storm Water Management. Section ___-04. Definition.- “Storm Water Fund” for purposes of this Chapter, as defined by Indiana Code Section 8-1.5-5 et seq., shall mean an account established for the Storm Water Management, and said fund to be directed by the Storm Water Management Board. (B) Establishment of a Special Taxing District for purposes of Storm Water Management. The Town Council of Wolcott establishes a Special Taxing District in accordance with I.C. Section 8-1.5-5-5 for purposes of establishing and creating revenue for a Storm Water Fund. In accordance with said Statute, the Special Taxing District is the corporate limits of the Town of Wolcott, State of Indiana. (C) Establishment of Storm Water Management Board. The Town Council of Wolcott establishes a Storm Water Management Board, in accordance with I.C. Section 8-1.5-5-4 et seq. Said Board shall initially consist of members of the Town Council of Wolcott and said members shall be in accordance with said statute. The powers of said board shall be in accordance with I.C. Section 8-1.5-5-6. (D) Establishment of a Storm Water Fund. The Town Council of Wolcott establishes a Storm Water Fund, in accordance with I.C. Section 8-1.5-5-7, 8-1.5-5-8, 8-1.5-5-9, 8-1.5-5-10 and 8-1.5-5-11. Said funds shall be established and maintained in accordance with I.C. Section 8-1.5-5 et seq. (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

Ordinance No. 2009-03 AN ORDINANCE AMENDING RATES AND CHARGES FOR THE USE OF THE WATER SYSTEM AND RELATED SERVICES OF THE TOWN OF WOLCOTT WHEREAS, Indiana Code Section 8-1.5-3-8 requires that the Town of Wolcott, on behalf of its utility, establish rates and charges which will produce an income sufficient to maintain the utility property in sound physical and financial condition to render adequate and efficient service; and WHEREAS, said Code section requires that rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the Town water system. Such rates and charges shall produce sufficient revenue to: (1) pay all the legal and other necessary expenses incident to the operation of the utility, including: (A) maintenance costs; (B) operating charges; (C) upkeep; (D) repairs; (E) depreciation; and (F) interest charges on bonds or other obligations, including leases; (2) provide a sinking fund for liquidation of bonds or other obligations, including leases; (3) provide a debt service reserve for bonds or other obligations, including leases, in an amount established by the municipality, not to exceed the maximum annual debt service on the bonds or obligations or the maximum annual lease rentals; (4) provide adequate money for working capital; (5) provide adequate money for making extensions and replacements to the extent not provided for through depreciation in subdivision (1); and (6) provide money for the payment of any taxes that may be assessed against the utility. WHEREAS, the Town Council of the Town of Wolcott (“Town”) has previously adopted Ordinance No. 2005-01, (collectively, “Ordinance”) establishing the water rates and charges for the use and services rendered by the water works of the Town; and, WHEREAS, the Town Council finds that the rates and charges established by the Ordinance are insufficient to enable the Town to properly operate its water works plant, service its bonds and finance additions and improvements to its water works system; and WHEREAS, the Town Council has caused a rate study to be completed by the firm of Therber & Brock, Indianapolis, Indiana, and based upon such rate study, the Town Council of the Town finds that certain rates and charges contained in the Ordinance should be increased; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, INDIANA: Section 1. The rates established in Exhibit A of the Ordinance are hereby amended by an increase of 25.59% in three phrases, respectively, effective: A) January 1, 2010 (Exhibit A) – 11.59% increase, June 1, 2010 (Exhibit B) – 6.55%, and January 1, 2011 (Exhibit C) – 5.57% and restated as follows: (See attached hereto and made a part hereof) Section 2. All other provision of all other rates and charges established by the Ordinance shall remain in full force and effect. Section 3. This ordinance shall be in full force and effect on January 1, 2010. Passed and adopted by the Town Council of the Town of Wolcott, Indiana on the 17th day of November, 2009. COUNCIL OF TOWN OF WOLCOTT Aye Nay /s/ Marsha L. Mackey 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 Jerry Pinkerton, Council Member Jerry Pinkerton, Council Member /s/ Fred A. Young Fred A. Young, Council Member Fred A. Young, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, Clerk-Treasurer

ORDINANCE NO. 2009-02 AN ORDINANCE ESTABLISHING UNSAFE BUILDINGS RULES AND REGULATIONS ARTICLE I. TITLE. Under the provisions of Indiana Code 36-7-9, there is hereby established the Town of Wolcott Unsafe Building Law. ARTICLE II. PURPOSE 2.0 Indiana Code 36-7-9 through 36-7-9-28 is hereby adopted by reference as the Town of Wolcott Unsafe Building Law. 2.1 All proceedings within the Town of Wolcott for the inspection, repair, and removal of unsafe buildings shall be governed by said law and the provisions of this ordinance. 2.2 In the event the provisions of this ordinance conflict with the provisions of Indiana Code 36-7-9-1 through 36-7-9-29, then the provisions of the State statue shall control. ARTICLE III. SCOPE 3.0 All buildings or portions thereof within the Town of Wolcott which are determined after inspection by the Town Council, or its designated representative, to be unsafe as defined in this ordinance and/or the referenced state statute, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal. ARTICLE IV. AUTHORITY 4.0 The Town Council of the Town of Wolcott, or its designated representative who shall be hereinafter referred to as the Inspector, is authorized to administer and to proceed under the provisions of said law in ordering the repair or removal of any buildings found to be unsafe as specified therein or as specified thereafter. 4.1 (A) Wherever in the building regulations of the Town of Wolcott Unsafe Building Law, it is provided that anything must be done to the approval of or subject to the direction of the Inspector, or any other officer of the Town. (B) This shall be construed to give such officer only the discretion to determine whether the rules and standards established by ordinance have been complied with; and no such provisions shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, power to require conditions not prescribed by ordinance, or to enforce ordinance provisions in an arbitrary or discretionary manner. ARTICLE V. DEFINITIONS 5.0 (A) The description of an unsafe building contained in Indiana Code 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the Town of Wolcott, Indiana by adding the following definition. 5.0 (B) For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning. SUBSTANTIAL PROPERTY INTEREST. The definition of SUBSTANTIAL PROPERTY INTEREST set forth in I.C. 36-7-9-2, is hereby incorporated by reference herein as if copied in full. UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe building, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered. (a) Whenever any door, aisle, passageway, or other means of exit is not sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic; (b) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic; (c) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half (1 ½) times the working stress or stresses allowed for new buildings of similar structure, purpose or location; (d) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings or similar structure, purpose or location; (e) Whenever any portion, member, or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property; (f) Whenever any portion of a building, or any member, appurtenance, ornamentation or the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified for new buildings or similar structure, purpose or location without exceeding the working stresses permitted for such buildings; (g) Whenever any portion thereof has wreaked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of similar new construction; (h) Whenever the building or structure, or any portion thereof, because of : 1. Dilapidation, deterioration, or decay; 2. Faulty construction; 3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4. The deterioration, decay or inadequacy of its foundation; 5. Any other cause, is likely to partially or completely collapse. (i) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used; (j) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, of fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or outside walls or coverings; (k) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated so as to become: 1. An attractive nuisance to children; or 2. Freely accessible to persons for the purpose of committing unlawful acts. (l) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the White County, or of any law or ordinance of this State or Town of Wolcott relating to the condition, location or structure of buildings; (m) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in any non-supporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty-six percent (66%) of the: 1. Strength; 2. Fire-resisting qualities or characteristics; or 3. Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same locations. (n) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise, is determined by the White County Health Department to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease; (o) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction is determined by the Fire Department to be a fire hazard; and (p) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period of excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. ARTICLE VI. STANDARDS AND PRACTICES. 6.0 All work for the reconstruction, alteration, repair or demolition of buildings and other structures shall be performed in a good workmanlike manner according to the accepted standards and practices in the trade. 6.1 The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this chapter or orders issued pursuant to this chapter by the Inspector. ARTICLE VII. BUILDING FUND. 7.0 An Unsafe Building Fund is hereby designated and established in the operating budget of the Town of Wolcott, in accordance with the provisions of I.C. 36-7-914. ARTICLE VIII. EFFECTIVE DATE 8.0 This chapter shall be in full force and effect from and after its passage and adoption by the Town Council and publication as required by state law. ARTICLE IX. PENALTY. 9.0 No person, firm or corporation, whether as owner, lessee, sublessee or occupant shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to, or in violation of, any of the provisions of this chapter or state statute or any order issued by the Inspector. 9.1 Any persons violating the provisions of this chapter or I.C. 36-7-9-28 shall commit a Class C infraction for each day the violation continues. Introduced and Filed on the 1st day of September , 2009. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 5 in Favor and 0 Opposed. DULY PASSED AND ADOPTED this 1st day of September , 2009 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote of 5 in Favor and 0 Opposed. AYE NAY /s/ Marsha L. Mackey 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/ Jerry Pinkerton Jerry Pinkerton, Council Member Jerry Pinkerton, Council Member /s/ Fred A. Young Fred A. Young, Council Member Fred A. Young, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. 2009-01 ORDINANCE AMENDING THE WOLCOTT CODE OF ORDINANCES TO REGULATE THE USE OF CONSUMER FIREWORKS WHEREAS, Indiana Code Section 36-1-3-et seq., authorizes the Town of Wolcott, as a municipality, to adopt Ordinances for the purpose of protecting the health, safety and welfare of its residents, and to preserve the peace, order and safety of the Town; and WHEREAS, Indiana Code Section 22-11-14, et seq., provides that counties and municipalities may adopt ordinances to regulate the time and location for the use, ignition or discharge of fireworks, and that fireworks regulations ordinance may not limit the use of fireworks on certain days during certain times of the year; and WHEREAS, the Town Council of the Town of Wolcott, White County, Indiana, has determined that use of fireworks within the corporate boundaries of the Town of Wolcott requires unique and special supervision in order to protect and preserve the health, safety and welfare of citizens of the Town of Wolcott; and WHEREAS, Indiana Code Section 22-11-14, et seq., requires that all municipalities allow a minimum number of certain specific days for the use, ignition or discharge of fireworks, and that the Town Council of the Town of Wolcott has determined to exercise their right as a municipality to limit fireworks in accordance with said Indiana Code Section. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA CHAPTER 26. REGULATION OF CONSUMER FIREWORKS Section 26-01. Definition – “Consumer Fireworks” For purposes of this Chapter, Consumer Fireworks shall mean consumer fireworks as defined by Indiana Code Section 22-11-14-1. Section 26-02. Use and Discharge of Consumer Fireworks Possession by Minors. Children (under eighteen [18] years of age) shall only possess or use any kind of fireworks when an adult is present. Location of Use. Consumer Fireworks shall exclusively be use on: 1) The user’s property; or 2) The property of someone who has affirmatively consented to the use of fireworks on the property; or 3) A location authorized by Special Permit as a special discharge location, that is defined as a place designated for the discharge of consumer fireworks under the policies of the State Fire Marshal in effect until such time as a board or official specifically authorized may so amend. Time of Use. Consumer Fireworks may not be used, ignited or discharged with the corporate limits of the Town of Wolcott, except during the following times: 1) Between 5:00 p.m. and two (2) hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8 and July 9 2) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and 3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1 Exemptions. The Ordinance shall not be construed to prohibit the use of fireworks by railroads or other transportation agencies, the sale or use of blank cartridges for a show, ceremonial purpose, use by military organizations, and use of indoor pyrotechnics special effects. Section 26-03 Penalty. Except as otherwise provided, any person, entity or organization who shall violate any provision of this chapter shall be fined in the amount of $250.00 per violation to be paid to the Clerk-Treasurer of the Town of Wolcott. If such person(s), entity or organization shall violate any provisions of this chapter, such violations shall be construed as justiciable offense, and upon conviction or finding of liable, shall be subject to a fine of not less than $100.00 per violation, nor more than $2,500.00. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. Section 26 -04. All existing Town Code Sections and Ordinances, or parts thereof in conflict with the provision of this Ordinance, are herby repealed and declared to be null and void and of no legal effect. Section 26-05. 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 May, 2009, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of five (5) in favor and none (0) opposed. WOLCOTT TOWN COUNCIL WOLCOTT, WHITE COUNTY, INDIANA AYE NAY /s/ Marsha L. Mackey, President Marsha L. Mackey, President /s/ Jon H. Evans, Vice President Jon H. Evans, Vice President /s/ Richard A. Lynn, Member Richard A. Lynn, Member /s/ Jerry Pinkerton, Member Jerry Pinkerton, Member /s/ Fred A. Young, Member Fred A. Young, Member ATTEST: /s/ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2008-02 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. 3-2002, 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 350.00 Miles 7.00 All other expenses incurred while providing emergency care will be charged to patients according to retail charges (see attached sheet). This Ordinance upon passage and adoption shall become effective on this 1st day of September, 2008. Passed and adopted by the Town Council of the Town of Wolcott this 19th day of August, 2008. TOWN OF WOLCOTT YEA NAY Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Council Vice-President Jon H. Evans, Council Vice-President Jerry Pinkerton, Council Member Jerry Pinkerton, Council Member Richard A. Lynn, Council Member Richard A. Lynn, Council Member Kurtis A. Dye, Council Member Kurtis A. Dye, Council Member ATTEST: _____________________________________ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer Town of Wolcott