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Chapter 1.01— ELECTION BOUNDARIES

Sections:

1.01.001 Town
1.01.002 Indiana Code Requirements
1.01.003 Legislative Body
1.01.004 Public meeting
1.01.005 Determination
1.01.006 Meeting State requirements
1.01.010 Definitions
1.01.020 Town Council Members; Residency
1.01.030 Division of Wards
1.01.040 Territory not described
1.01.050 Territory described in more than one district
1.01.060 District Map
1.01.070 Record-Keeping
1.01.080 Effective when

1.01.001 Town. The Town of Ferdinand is classified as a town for state law
purposes. (Ord. 02-13, Whereas, Oct. 7, 2002)

1.01.002 Indiana Code Requirements. State law (Indiana Code 36-5-2-4. 1)
provides that the legislative body may adopt an ordinance prior to November 8,
2002 to divide the town into districts that meet the following requirements:

1. The districts must be composed of contiguous territory;
2. The districts must be reasonably compact;
3. The districts must contain, as nearly as is possible, equal population;
4. The districts may not cross a census block boundary except when following a precinct boundary line or when the census block has no population or is not likely to ever have a population;
5. The boundary of a town legislative body district may cross a precinct boundary line only:
1. if the legislative body provides by ordinance under I.C. 36-5- 2-5 that all legislative body members are to be elected at large by the voters of the whole town; or
2. if the legislative body districts would not otherwise contain, as nearly as is possible, equal population. (Ord. 02-13, Whereas, Oct. 7, 2002)

1.01.003 Legislative Body. The Town Council is the legislative body of the Town of Ferdinand. (Ord. 02-13, Whereas, Oct. 7, 2002)

1.01.004 Public meeting. The Town Council has, at a public meeting of the Council, provided an opportunity for all members of the Council and voters of the Town to comment and make suggestions concerning the division of the Town into districts under this Ordinance. (Ord. 02-13, Whereas, Oct. 7, 2002)

1.01.005 Determination. The Town Council has determined that the division of the Town into two districts for the purpose of conducting elections of legislative body members would be desirable and beneficial for the voters of the Town and for the convenient administration of Town government. (Ord. 02-13, Whereas, Oct. 7, 2002)

1.01.006 Meeting State requirements. The Town Council has examined the district boundaries set forth in this Ordinance and finds that the districts:

1. are reasonably compact;
2. contain, as nearly as is possible, equal population, with Ward One and Ward Two containing 1171 and 1106 inhabitants, respectively; and
3. do not cross census block boundary lines, but do cross precinct boundary lines only because the legislative body districts would not otherwise contain, as nearly as is possible, equal population. (Ord. 02-13, Whereas, Oct. 7, 2002)

1.01.010 Definitions. As used in this Ordinance:

1. "Town" refers to the Town of Ferdinand.
2. "Council" refers to the Town Council of the Town of Ferdinand.
3. "Precinct" refers to the precinct by that name as established by the Board of Commissioners of the County of Dubois, and as approved by the State Election Board under Indiana Code 3-11-1.5, in existence on the effective date of this Ordinance. (Ord. 02-13, S1, Oct. 7, 2002)

1.01.020 Town Council Members; Residency. The Council of the Town of Ferdinand shall consist of three (3) members, one of whom shall be a resident of Ward No. 1, one of whom shall be a resident of Ward No. 2, and one at-large member who shall be a resident of either Ward. Each prospective member shall run as representing Ward No. 1, Ward No. 2, or at-large, but all prospective members shall be elected by all voters in the Town voting in that election. Residency shall be established three (3) months prior to primary day, except that newly incorporated areas shall be considered to have been a part of the Town for purposes of establishing residency. (Ord. 02-13, S2, Oct. 7, 2002) (Ord. 90-5, S4,
1990) (Ord. 0-82-7)

1.01.030 Division of Wards. The Council divides the City into the following districts for the purpose of conducting elections of Council members: The Town of Ferdinand, Indiana, shall consist of Ward No. 1 and Ward No. 2. Wards No. 1 and No. 2 shall be divided by a line commencing on the Eastern Boundary Line of the Town of Ferdinand, as such exists from time to time, at a point where such boundary line intersects a point in the middle of Fourteenth Street to a point in the middle of Peu Road, thence along a line in the middle of Peu Road to a point in the middle of Tenth Street, thence running along a line in the middle of Tenth Street to a point in the middle of Alabama Street, thence running Northerly along a line in the middle of Alabama Street to a point in the middle of Fourteenth Street, thence running Westerly along a line in the middle of Fourteenth Street, to a point in the middle of 13th Street, thence running Westerly along a line in the middle of Thirteenth Street to a point in the middle of Ninth Street, thence running Westerly along a line in the middle of 9th St. to the Western Boundary Line of the Town of Ferdinand, as such exists from time to time. Ward No. 1 shall consist of that area within the Town of Ferdinand, as it exists from time to time, which is North of the line described above. Ward No. 2 shall consist of that area within the Town of Ferdinand, as it exists from time to time, which is South of the line described above. The foregoing wards are shown on the map attached as 1.01
Exhibit A. (Ord. 02-13, S3, Oct. 7, 2002) (Ord. 90-5, S1, 1990) (Ord. 0-82-7)

1.01.040 Territory not described. If any territory in the Town is not included in one (1) of the districts established by this Ordinance, that territory is included within the district that:

1. is contiguous to that territory; and
2. contains the least population of all districts contiguous to that territory (as "population" is defined in Indiana Code 1-1-4-5). (Ord. 02-13, S4, Oct. 7, 2002)

1.01.050 Territory described in more than one district. If any territory in the Town is included in more than one (1) of the districts established by this Ordinance, that territory is included within the district that:

1. is one (1) of the districts in which the territory is described in this Ordinance;
2. is contiguous to that territory; and
3. contains the least population of all districts contiguous to that territory (as "population" is defined in Indiana Code 1-1-4-5). (Ord. 02-13, S5, Oct. 7, 2002)

1.01.060 District Map. The Council adopts a map depicting the districts established under this Ordinance, and incorporates the map by reference into this Ordinance. Two (2) copies of this map are on file in the office of the Clerk- Treasurer for public inspection. If a conflict exists between the districts as depicted on the map and as described in this Ordinance, the Ordinance prevails. (Ord. 02-13, S6, Oct. 7, 2002)

1.01.070 Record-Keeping. The Clerk-Treasurer of the Town shall forward a signed copy of this Ordinance to the Circuit Court Clerk of Dubois County not later than thirty (30) days after this Ordinance is adopted. (Ord. 02-13, S7, Oct. 7, 2002)

1.01.080 Effective when. This Ordinance shall take effect and be in full force from and after its passage, but will not affect the legality of the presently elected Council. This Ordinance repeals all ordinances in conflict herewith. (Ord. 02-13, S8, Oct. 7, 2002)

Chapter 1.02 — PLAN COMMISSION

Sections:

1.02.010 Established
1.02.020 Duties
1.02.030 Members

1.02.010 Established. There is hereby established a Town Plan Commission for the Town of Ferdinand, Indiana, under the authority provided in Chapter 174 of the Acts of 1947 of the Indiana General Assembly, as amended. (Ord. 0-67-3)

1.02.020 Duties. Such Plan Commission shall serve in an advisory capacity to the present established board and official (sic). (Ord. 0-67-3)

1.02.030 Members. The Town Plan Commission shall consist of (Seven) members with qualifications, terms of office, and methods of appointment as provided in the said Chapter 174 of the Acts of 1947, Section 6 and 10, both inclusive, as amended. (Ord. 0-67-3)

Chapter 1.04 — BOARD OF ZONING APPEALS

Sections:

1.04.010 Established
1.04.012 Members
1.04.014 Terms
1.04.016 Vacancy
1.04.020 Chairman, Vice-Chairman
1.04.030 Call of the meeting
1.04.040 Public meetings - minutes
1.04.050 Voting
1.04.060 Procedure of the Board
1.04.070 Appeals
1.04.080 Notice of appeal
1.04.090 Transmitting papers
1.04.100 Review powers of the Board

1.04.010 Established. Pursuant to the provisions of I.C. 36-7-4-901, et seq., there is hereby re-established an Advisory Board of Zoning Appeals. (Ord. 0-84-9)

1.04.012 Members. The Advisory Board is hereby re-established to be composed of five (5) members appointed as follows:

1. Three members appointed by the President of the Board of Trustees, one of whom must be a member of the Plan Commission and two of whom may not be;
2. One member appointed by the Board of Trustees, who may not be a member of the Plan Commission;
3. One member appointed by the Plan Commission who must be a member of the Plan Commission and must reside in the unincorporated area over which the town has zoning and planning jurisdiction. (Ord. 0-84-9)

1.04.014 Terms. Upon re-establishment of the Board, the terms of the members initially appointed shall be:

1. One member for a term ending the first Monday in January, 1986, or until his successor is appointed and qualified;
2. One member for a term ending the first Monday in January, 1987, or until his successor is appointed and qualified;
3. One member for a term ending the first Monday in January, 1988, or until his successor is appointed and qualified; and
4. Two members for a term ending the first Monday in January, 1989, or until their successor is appointed and qualified. (Ord. 0-84-9)

1.04.016 Vacancy. If a vacancy occurs among the members of the Board, the appointing authority shall appoint a member for the unexpired term of the vacating member. Additionally, the appointing authority may appoint an alternate member to participate with the Board in any hearing or decision in which the regular member it has appointed has a disqualification due to a conflict of interest. (Ord. 0-84-9)

1.04.020 Chairman, Vice-Chairman. The Board of Zoning Appeals shall elect its own chairman and vice-chairman. (Ord. 0-77-3)

1.04.030 Call of the meetings. All meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. (Ord. 0-77-3)

1.04.040 Public meetings-minutes. All meetings of such Board shall be open to the public. Such Board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact. (Ord. 0-77-3)

1.04.050 Voting. The concurring vote of three members of the Board shall be necessary to decide in favor of the applicant any matter upon which said Board is required to pass under the provisions of this Title. (Ord. 0-77-3)

1.04.060 Procedure of the Board. The procedure, duties and responsibilities of the Board, as well as appeals from decisions of the Board, shall be set forth in Section 78 to 88, inclusive, and Section 90, all of Chapter 174, Acts of 1947, General Assembly of Indiana, and all acts amendatory thereto. (Ord. 0-77-3)

1.04.070 Appeals. Appeals to the Board may be taken by any person aggrieved, or by an officer, department, board or bureau of the Town. The cost of legal advertising and any required notice to affected property owners shall be borne by the Petitioner. (Ord. 0-77-3)

1.04.080 Notice of Appeal. Such appeal shall be taken within such time as shall be prescribed by the Board of Zoning Appeals by general rule, by filing with the officer from which appeal is taken and with the Board of a notice of appeal specifying the grounds thereof. (Ord. 0-77-3)

1.04.090 Transmitting Papers. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. (Ord. 0-77-3)

1.04.100 Review Powers of the Board. The Board of Zoning Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of the regulations established by this title. (Ord. 0-77-3)

Chapter 1.05 — DEPUTY CLERK-TREASURER

Sections:

1.05.010 Powers and duties
1.05.020 Signature
1.05.030 Powers exercised when

1.05.010 Powers and duties. Pursuant to I.C. 36-5-6-7, the Clerk-Treasurer is hereby authorized to appoint one (1) Deputy Clerk-Treasurer who shall have the power and authority to execute all documents required or permitted by law to be executed by the Clerk-Treasurer, and affix the seal of the Town thereto whenever required or permitted. (Ord. 92-5, S1.05.010, 1992)

1.05.020 Signature. Whenever the Deputy signs any document, the Deputy shall sign the name of the Clerk-Treasurer followed by the word "by" and the Deputy's own name and the words "Deputy Clerk-Treasurer". (Ord. 92-5, S1.05.020, 1992)

1.05.030 Powers exercised when. The powers described herein shall be exercised by such Deputy only in the absence of the Clerk-Treasurer or as determined by resolution of the Town Council that the Clerk-Treasurer is temporarily or permanently incapacitated or unable to perform the functions of the office. Such Deputy shall have such power and authority as authorized by the Council. (Ord. 92-5, S1.05.030, 1992)

Chapter 1.06 — DEPARTMENT OF PARKS AND RECREATION

Sections:

1.06.010 Established
1.06.020 Board members
1.06.030 Terms
1.06.040 Election of officers
1.06.050 Duties
1.06.060 Creation of an advisory council
1.06.070 Budget

1.06.010 Established. Pursuant to the provisions of IC 36-10-3, there is hereby re-established a Department of Parks and Recreation. (Ord. 0-83-4)

1.06.020 Board Members. The Town of Ferdinand Park and Recreation Board is hereby re-established to be composed of four (4) members appointed by the President of the Board of Trustees on the basis of their interest in and knowledge of parks and recreation. No more than two (2) members shall be of the same political party. (Ord. 0-83-4)

1.06.030 Terms. Upon re-establishment of the Board, the terms of the members initially appointed shall be:

1. One (1) member for a term ending the first Monday in January, 1984;
2. One (1) member for a term ending the first Monday in January, 1985;
3. One (1) member for a term ending the first Monday in January, 1986.
4. One (1) member for a term ending the first Monday in January, 1987.

As a term expires, each new appointment shall be made for a term of four (4) years. All members shall continue in office until a successor is appointed. If an appointment is not made by the first Monday in April, the incumbent is automatically appointed to serve another term. A new member shall be appointed to serve the remainder of any unexpired term due to a vacancy. (Ord. 0-83-4)

1.06.040 Election of Officers. At its first meeting in each year, the Board shall elect a president and vice-president. The vice-president shall have authority to act as the president of the Board during the absence or disability of the president. The Board may select a secretary either from within or without its own membership. (Ord. 0-83-4)

1.06.050 Duties. The Board shall have the power to perform all acts necessary to acquire and develop sites and facilities to conduct such programs as are generally understood to be park and recreation functions. In addition, the Board shall have all the powers and duties listed in IC 36-10-3. (Ord. 0-83-4)

1.06.060 Creation of an Advisory Council. The Board may create an advisory council and special committees composed of citizens interested in the problem (sic) of parks and recreation in accordance with Article IV of said 1965 Park and Recreation Law. (Ord. 0-73-2)

1.06.070 Budget. The Board shall prepare and submit an annual budget in the same manner as other departments of the Town government. The Board may accept gifts, donations and subsidies for park and recreation purposes. (Ord. 0- 73-2)

Chapter 1.08 — DEPARTMENT OF ECONOMIC DEVELOPMENT

Sections:

1.08.010 Established
1.08.020 Members
1.08.030 Compensation
1.08.040 Oath of office
1.08.050 By-Laws
1.08.060 Duties

1.08.010 Established. There is hereby created the Ferdinand Development (sic) for the Town of Ferdinand, Indiana, pursuant to the provisions of Indiana Code 18-6-4.5-1 et seq., as amended, said Department to be under the control of an appointed Board to be known as the Ferdinand Economic Development Commission, which Commission, shall have all powers and authority granted by the above mentioned statute. (Ord. 0-80-5)

1.08.020 Members. The membership of said Commission shall be as provided by said statute and shall consist of three (3) members to be appointed as follows:

One of the members so appointed shall be selected by the President of the Board of Trustees; One shall be nominated by the County Council of Dubois County, Indiana; One shall be nominated by the Board of Trustees of the Town of Ferdinand.

The nominations and appointments of such Commissioners shall be made in the manner prescribed by the provisions of Indiana Code 18-6-4.5-1 et seq., as amended. At the expiration of the respective terms of each of the Commissioners originally appointed, their respective successors shall be selected, nominated and appointed in the same manner as the original appointee, and shall serve for a term of four (4) years. In the event any person appointed as Commissioner fails to qualify for such office, or if any member after qualifying shall die, resign or vacate such office, or be removed as provided in the above-mentioned statute, a new member shall be chosen and appointed to fill such vacancy in the same manner as provided for the member in respect to whom such vacancy occurs, and the member so chosen and appointed shall serve for the remainder of the vacated term. Commissioners shall hold over after the expiration of their terms until their respective successors have been duly appointed and qualified. (Ord. 0-80-5)

1.08.030 Compensation. Such Commissioners shall receive no salaries but shall be entitled to reimbursement for any expenses necessarily incurred in the performance of their duties.

A Commissioner shall disclose any pecuniary interest in any employment, financing agreement or other contract made under the provisions of the aforementioned statute before any action by the Commission it, and shall not vote on any such matter. Such interest must be disclosed to the Board of Trustees, prior to action by them, provided, however, that any property required for the purpose of this Act in which a Commissioner has a pecuniary interest may be acquired, but only by gift or condemnation. (Ord. 0-80-5)

1.08.040 Oath of Office. Each Commissioner, before entering upon his duties, shall take and subscribe an Oath of office in the usual form, to be endorsed upon the Certificate of his appointment, which shall be promptly filed with the Clerk-Treasurer of the Town of Ferdinand.

The Commission shall meet to reorganize in February of each year.

The Commission shall elect one of its members as president, one as vice-president, and one as secretary, each of which officers shall serve from the day of his election until the 31st day of January next following and until his successor is elected and qualified. (Ord. 0-80-5)

1.08.050 By-Laws. The Ferdinand Economic Development Commission is hereby authorized to adopt such By-Laws, Rules and Regulations as it may deem necessary for the proper conduct of its proceedings, the carrying out of its duties and safeguarding of the funds and property placed in its custody by the provisions of Indiana Code 18-6-4.5-1 et seq., as amended. A majority of the Commission shall constitute a quorum and concurrence of the majority shall be necessary to authorize any action. (Ord. 0-80-5)

1.08.060 Duties. The Commission is hereby granted all powers and authority provided for by Indiana Code 18-6-4.5-1 et seq. as amended, and shall perform all duties and fulfill all obligations required by said statute. (Ord. 0-80-5)

Chapter 1.10 — POLICY AND PROCEDURE FOR USE OF THE FERDINAND SENIOR CITIZENS CENTER

Sections:

1.10.010 Eligible Users
1.10.020 Request for use and priority
1.10.030 Compliance with Center Rules
1.10.040 Appointment of a Responsible Person
1.10.050 User Fee
1.10.060 Monthly Report
1.10.070 Contract for Use

1.10.010 Eligible Users. Any financially responsible group, organization, or individual shall be permitted to use the Center, subject to the restrictions and requirements contained herein. Provided, however, use of the Center may be denied whenever the Center's Director reasonably determines that any use will unduly interfere with the peace and tranquility of the senior citizen housing complexes or poses an unacceptable financial risk to the Center. (Ord. 02-8, S1, May 8, 2002) (Ord. 0-84-17)

1.10.020 Request for use and priority. Any group, organization, or individual desiring use of the Center shall contact its Director, advising of the desired date and time of use at least fourteen (14) days in advance, unless shorter notice is approved by the Director. Priority for use shall be given first to organizations directly related to the Ferdinand Senior Citizens organization and to the Town of Ferdinand, including all its Boards and Commissions; second to any user contracting for the annual rate as hereinafter provided; and third, to all other users on a first come basis based on the date of their request to the Director. (Ord. 02-8, S2, May 8, 2002) (Ord. 0-84-13)

1.10.030 Compliance with Center Rules. Groups, organizations, and individuals using the Center shall comply with this Code and all rules and regulations posted within the Center. Use of the Center is limited to the main meeting room, rest rooms and foyers. No food or drink shall be brought into the Center without the Director's approval. Users must return the Center to its original condition prior to vacating. (Ord. 02-8, S3, May 8, 2002) (Ord. 0-84-13)

1.10.040 Appointment of a Reliable Person. The Director, Senior Citizens Center, shall appoint a responsible person to unlock and generally prepare the facility for use. Upon completion of use, such person shall inspect and secure the facility and bring to the immediate attention of the Director any discrepancies regarding the condition of the facility as a result of its use. The Director shall immediately notify the apparent offenders and instruct the same to make immediate corrections. Upon any failure to make such corrections, the Director shall cause Center personnel or independent contractors to make needed corrections, and shall bill the responsible offenders the costs of making the corrections or the sum of Twenty-Five Dollars ($25.00) whichever sum is greater. Upon action by the Senior Citizens Center Steering Committee and the Town Council, repeat offenders will lose the privilege of using the facility. (Ord. 02-8, S4, May 8, 2002) (Ord. 0-84-13)

1.10.050 User Fee. Any group, organization or individual desiring to use the Center shall pay to the Town upon request for use a user fee of Seventy-Five Dollars (75.00) for each day or part thereof if food will be served or Thirty-Five Dollars ($35.00) for each day or part thereof if food will not be served. A user may pay an annual user rate of Three Hundred Dollars ($300.00) per calendar year. The annual user rate is non-refundable and non-assignable and entitles use of the Center for no more than one day or part thereof in any month for a maximum of eleven (11) months in any calendar year. Food may be served for no extra charge in any two of these months. This fee shall be used for the costs of administration, incidental and other Center expenses. No fee shall be charged the Town or its Boards or Commissions or users under the auspices or directly related to the Ferdinand Senior Citizens organization, unless all or part of the fee is authorized by the Town Council and the Center Director. The fee may be waived in whole or in part as authorized by the Town Council President and Center Director. (Ord. 02-8, S5, May 8, 2002) (Ord. 0-84-13)

1.10.060 Monthly Report. The Center Director shall prepare and maintain a monthly report showing use of the Center showing user name, date of use, and time of use, for every user. Such reports will be sent to the Town Council upon request. (Ord. 02-8, S6, May 8, 2002) (Ord. 0-84-13)

1.10.070 Contract for Use. No group, organization or individual shall use the Center unless an authorized representative or an individual executes a "Contract For Use", which is attached hereto and made a part of this Code. (Ord. 02-8, S7, May 8, 2002) (Ord. 0-84-13)

Chapter 1.12 — ORDINANCE VIOLATIONS BUREAU

Sections:

1.12.010 Established
1.12.020 Acceptance of Payment of Fines
1.12.030 Violations Schedule
1.12.040 Payment to the Violations Clerk

1.12.010 Established. There is hereby established the Ferdinand Ordinance Violations Bureau, and the Town Utilities Bookkeeper and his assistants are hereby appointed the Violations Clerk and assistant Clerks, respectively. (Ord. 88- 14)

1.12.020 Acceptance of Payment of Fines. The Violations Clerk or authorized assistants shall accept written appearances, waivers of trial, admissions of violations, and payment of fines and penalties which do not exceed Fifty Dollars ($50.00) for each violation. (Ord. 92-2, April 14, 1992) (Ord. 88-14)

1.12.030 Violations Schedule. There is hereby established a Violations Schedule which schedule is declared to be the stated fine or penalty per violation as provided for in any ordinance of Ferdinand which provides for a fine or penalty, exclusive of water, electric, or sewer rate ordinances and moving traffic violations. (Ord. 88-14)

1.12.040 Payment to the Violations Clerk. All ordinances of Ferdinand, except water, electric, or sewer rate ordinances and moving traffic violations, which provide for payment of a fine or penalty per violation of Fifty Dollars ($50.00) or less per violation, to the Town of Ferdinand, or a named representative thereof, shall be construed to allow for payment to the Violations Clerk or authorized assistants as provided for in I.C. 33-6-3-2. (Ord. 92-2, April 14, 1992) (Ord. 88-14)

Chapter 1.14 — EXPENDITURES TO PROMOTE THE TOWN

Sections:

1.14.010 Authorization to pay expenses
1.14.020 Expenses allowed
1.14.030 Fund from which expenses shall be paid
1.14.040 Invalidity

1.14.010 Authorization to pay expenses. Upon approval of the Town Council, the Town is authorized to pay the expenses of or reimburse a Town Official as the case may be for the expenses incurred in promoting the Town or in the conduct of Town business or in recognizing the contributions to the Town by employees, agents, or third parties. (Ord. 90-8 S1, 1990)

1.14.020 Expenses allowed. Such expenses may include, but not necessarily be limited to, rental of meeting places, meals, decorations, memorabilia, awards, flowers, expenses incurred in interviewing job applicants, expenses incurred in promoting industrial, commercial, and residential development, expenses incurred in developing relations with other units of government, grants to other civic organizations for these purposes, and any other expenses of a governmental nature deemed by the Council to be in the interest of the Town. (Ord. 90-8 S2, 1990)

1.14.030 Fund from which expenses shall be paid. Such approved expenses shall be paid from the General Fund, Other Charges - Promotion, as funds are appropriated from time to time, except in those instances when such expenses are properly chargeable to one or more of the Utility Funds. (Ord. 90-8 S3, 1990)

1.14.040 Invalidity. If any provision of this Chapter or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared severable. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed upon the effective date of Ordinance 90-8. This Chapter shall be in full force and effect as of January 1, 1990. (Ord. 90-8 S4, 1990)

Chapter 1.15 — FEE SCHEDULE FOR CERTIFICATION, COPYING, FACSIMILE TRANSMISSIONS, NOTARIZATION OF DOCUMENTS AND INFORMATION PERTAINING TO ACCESS TO PUBLIC RECORDS

Sections:

1.15.010 Schedule of Fees and Charges
1.15.020 Actual Cost Not Exceeded
1.15.030 Access to Public Records
1.15.040 News Organizations
1.15.050 Waiver of Charges
1.15.060 Separability
1.15.070 Prior Ordinances
1.15.080 Publication
1.15.090 Effective Date

1.15.010 Schedule of Fees and Charges. The following schedule of fees and charges are hereby established:

1. Certification: $1.00 per document
2. Copying: $.10 per page
3. Facsimile Transmission: $.75 per page
4. Notarization: $1.00 per document
5. Inspection of Records: No charge
6. Computer Print-Out: No Charge (Ord. 1999-7, S1.15.010, July 13, 1999) (Ord. 95-9, S1, 1995)

1.15.020 Actual Cost Not Exceeded. These fees and charges do not exceed the actual cost of certification, copying, facsimile transmission, printing or notarization. (Ord. 1999-7, S1.15.020, July 13, 1999) (Ord. 95-9, S2, 1995)

1.15.030 Access to Public Records. Any person requesting permission to inspect or make copies of public records shall complete a written request therefore on a form similar to the one attached hereto as “Exhibit A - Request for Access to Public Records”. Inspection of such records, if granted, shall be allowed at no cost. Copy requests, if granted, shall be accompanied by an appropriate fee for the copies based upon the foregoing schedule. (Ord. 1999-7, S1.15.030, July 13, 1999)

1.15.040 News Organizations. News organizations may receive ten (10) copies per month without charge. (Ord. 1999-7, S1.15.040, July 13, 1999) (Ord. 95- 9, S3, 1995)

1.15.050 Waiver of Charges. The council may waive charges at its discretion.
(Ord. 1999-7, S1.15.050, July 13, 1999) (Ord. 95-9, S4, 1995)

1.15.060 Separability. If any section, sub-section, sentence, clause, phrase or portion of this ordinance shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereunder. (Ord. 1999-7, S1.15.060, July 13, 1999)

1.15.070 Prior Ordinances. All Ordinances and/or parts of Ordinances in conflict herewith are hereby repealed. (Ord. 1999-7, S1.15.070, July 13, 1999)

1.15.080 Publication. The Clerk-Treasurer shall cause Ordinance 1999-7 to be published as required by law. (Ord. 1999-7, S1.15.080, July 13, 1999) (Ord. 95-9, S5, 1995)

1.15.090 Effective Date. This Ordinance (Chapter) shall be effective upon adoption and publication as required by law. (Ord. 1999-7, S1.15.090, July 13, 1999) (Ord. 95-9, S6, 1995)

Town of Ferdinand
REQUEST FOR ACCESS TO PUBLIC RECORDS
(Please Print)
Name of person
requesting access: _________________________________ Phone: ____________________
Organization
person represents: _________________________________ Fax: _______________________
Address: ______________________________________________________________________
Date/time of request: Date: ______________________ Time: _____________________
Specific description of records being requested ____________________________________
This request is a: _______ one time request
_______ recurring request
This is for: _______ permission to inspect records as described above
_______ a copy of records as described above
I understand I may be charged a fee for copying the records: ________________________
(Signature)
FOR TOWN USE ONLY – DO NOT WRITE BELOW THIS LINE
Request Receipt Information
Date & Time Individual
Request received: _______________________receiving request _____________________
Disposition of Request
Request: _____granted _____denied; reason(s) for denial: ______________
Individual making Disposition
decision on request: _______________________ date and time: ______________
Number of copies provided: ____Photocopy ____Computer Fee charged: $________
_______________________________________
(fee received by)

Chapter 1.16 — PROPERTY TAX ABATEMENT PROCEDURES

Sections:

1.16.010 Property Tax Abatement Available
1.16.020 Property Owner to Request Designation
1.16.030 Filing Fee
1.16.040 Review of Application
1.16.050 Public Hearing
1.16.060 Final Action

1.16.010 Property Tax Abatement Available. There shall be available within the corporate limits of the Town of Ferdinand a program of property tax abatement in accordance with I.C. 6-1.1-12.1, as amended from time to time, for the redevelopment and/or rehabilitation of commercial and/or industrial property, and for the acquisition and installation of new manufacturing equipment in an area within the corporation limits of said Town which is hereafter designated by the Town Council as an "economic revitalization area" or an as "economic development target area". The terms "economic revitalization area", "economic development target area, "new manufacturing equipment", "property", "redevelopment", and "rehabilitation", as used herein, shall have the same meaning as said terms are defined by I.C. 6-1.1-12.1-1 and as provided for in I.C. 6-1.1-12.1-7. (Ord. 91-2 S1, 1991)

1.16.020 Property Owner to Request Designation. Whenever a property owner(s) desires that certain real estate located in the Town of Ferdinand be designated as an Economic Revitalization Area, the owner(s) shall initiate the procedure by filing a request for such designation with the Clerk-Treasurer. The application shall be signed by the owner(s) of record of the real estate for which the designation is being requested. The application shall be accompanied with the fee as established in 1.16.030 of this Chapter to be paid upon submission. The application shall provide, in writing, the following information:

1. The name and address of the applicant;
2. An indication whether the request is being made for a designation:
   1. limited to a deduction of assessed value on real property improvements, or
   2. limited to a deduction of assessed value on new manufacturing equipment, or
   3. to include both types of deductions allowed under I.C. 6-1.1- 12-1.
3. A description of the redevelopment, rehabilitation and/or new manufacturing equipment that the applicant proposes to implement in his project of economic revitalization;
4. The name and address of the owner(s) of real property for which tax abatement is being sought or the real property on which new manufacturing equipment will be installed, and any other persons leasing, intending to lease, or having any option to buy such property;
5. The legal description and commonly known address of the real property, for which real property tax abatement is requested or on which the new manufacturing equipment will be installed for which the personal property tax abatement is requested;
6. A map or plat designating the proposed area;
7. The assessed value of the real property and its improvements before rehabilitation or redevelopment, and/or the assessed value of the tangible personal property in use at the facility before the acquisition of new manufacturing equipment;
8. The applicant's good faith estimate of the market value of the real property improvements after the rehabilitation or redevelopment, and/or the applicant's good faith estimate of the market value of the proposed new manufacturing equipment;
9. A statement indicating the number of new permanent jobs which will be created or saved by the project, and specifying for each job, whether a new job, the minimum hourly work week, and the minimum hourly rate of pay;
10. A statement that construction of the improvements for which abatement is sought has to yet begun, and/or a statement that the new manufacturing equipment for which abatement is sought has not yet been purchased or installed;
11. A statement that all necessary building permits have been obtained for construction of the improvements for which abatement is sought or in which the new manufacturing equipment for which abatement is sought will be located;
12. A statement that all requirements will be met so as to provide the areas where the improvements for which abatement is sought or wherein the new manufacturing equipment for which abatement is sought will be installed, will be provided with all necessary public utility services;
13. The applicant's good faith estimate of the tax savings of the requested abatement. The applicant may also provide good faith estimates of the applicant's administrative costs in obtaining abatement (including the fee required by 1.16.030) and its estimated construction costs or any portion thereof. (Of particular interest are any estimated infrastructure improvement costs for improvements or equipment which will be turned over to the Town);
14. A statement supporting the applicant's position that the area sought to be found an economic revitalization area or economic development target area has become undesirable for or impossible of normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors which have impaired values or prevent a normal development of property or use of property; and
15. Completed State Board of Tax Commissioners' Form 27167. The Council may, by resolution, waive all or any part of the above statement if it finds that the purposes of I.C. 6-1.1-12.1 are served by allowing the abatement. (Ord. 91-2 S2, 1991)

1.16.030 Filing Fee. Upon filing its application for abatement and the statement required in 1.16.020, the applicant shall also pay a non-refundable filing fee in the sum of One Thousand Dollars ($1,000.00), made payable to the Town of Ferdinand. The Council may waive all or a portion of this fee or choose to refund all or a portion of the same to the applicant. (Ord. 91-2 S3, 1991)

1.16.040 Review of Application. The Council, upon receipt of an application and statement and after reasonable opportunity to review the same, shall:

1. Find that the area under consideration meets the definition and standards of an economic revitalization area or economic development target area, as set forth in I.C. 6-1.1-12.1-1(1) and 6.-1.1-12.1-7. In such instances, the Council shall adopt a declaratory resolution and comply with 1.16.050 hereof; or
2. Find that there is insufficient information or some other reason for delay and defer action on the matter; or
3. Determine that the area should not be designated as an economic revitalization area or economic development target area. (Ord. 91-2 S4, 1991)

1.16.050 Public Hearing. Upon adoption of a declaratory resolution, the Council shall:

1. set the date, time and location of a public hearing at which the Council will receive and hear all comments from interested persons; and
2. cause notice of the adoption and substance of the declaratory resolution to be published in accordance with I.C. 6-1.1-12.1-2.5(c). The notice shall state that a description of the affected area is available and can be inspected in the Town office. The notice shall also state the time, date and location of the subsequent public hearing on the matter; and
3. cause a description of the affected area and the declaratory resolution to be filed with the Dubois County Assessor. (Ord. 91-2 S5, 1991)

1.16.060 Final Action. Upon considering the facts presented at the public hearing, the Council shall take final action on the request by either confirming, modifying and confirming, or rescinding the declaratory resolution. (Ord. 91-2 S6, 1991)

Chapter 1.17 — PURCHASING POLICIES

Sections:

1.17.010 Designation of Purchasing Agency
1.17.020 Purchase of Supplies Manufactured in the United States
1.17.030 Purchasing Policies

1.17.010 Designation of Purchasing Agency.

1. The Ferdinand Town Council Purchasing Agency, (the “Purchasing Agency”), is established as the purchasing agency for the Town of Ferdinand. (Ord. 98-9, SI 1, Sept. 8, 1998)
2. The Purchasing Agency shall have all the powers and duties authorized under I.C. 5-22, as may be amended from time to time by law or supplemented from time to time by ordinances adopted by the Town Council and policies adopted by the Purchasing Agency. (Ord. 98-9, SI 2, Sept. 8, 1998)
3. The Purchasing Agency shall act as the purchasing agency for every agency, board, office, branch, bureau, commission, council, department or other establishment of the Town of Ferdinand. The Clerk-Treasurer shall be the Purchasing Agent of the Ferdinand Purchasing Agency and may designate in writing any employee of the Town of Ferdinand as a Deputy Purchasing Agent. (Ord. 98-9, SI 3, Sept. 8, 1998)

1.17.020 Purchase of Supplies Manufactured in the United States.

1. (1) Supplies manufactured in the United States shall be specified for all Town purchases and shall be purchased unless the Town determines that:
   1. the supplies are not manufactured in the United States in reasonably available quantities;
   2. the prices of the supplies manufactured in the United States exceed by an unreasonable amount the price of available and comparable supplies manufactured elsewhere;
   3. the quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or
   4. the purchase of supplies manufactured in the United States is not in the public interest. (Ord. 98-9, SII 1 A-D, Sept. 8, 1998)

1.17.030 Purchasing Policies.

1. The purchasing agent may purchase supplies with an estimated cost of less than Twenty-Five Thousand Dollars ($25,000.00) on the open market without writing or receiving quotes. (Ord. 98-9, SIII 1, Sept. 8, 1998)
2. The purchasing agent must obtain Town Council approval for any purchase with an estimated cost of more than Twenty-Five Thousand Dollars ($25,000.00). (Ord. 98-9, SIII 2, Sept. 8, 1998)
3. Documents submitted in response to a solicitation shall be protected in the following manner:
   1. The Clerk-Treasurer of the Town of Ferdinand, as purchasing agent under the Act, shall retain all offers received in a secure location prior to the date and time at which offers will be opened in order to prevent disclosure of the contents prior to the opening of the offers.
   2. After offers have been opened, the purchasing agent shall be responsible for maintaining the offers in such a manner as to permit evaluation of the offers by the persons responsible for evaluating the offers.
   3. Bids submitted in response to an invitation for bids must be made available for public inspection and copying after the time of the bid opening, unless the bid opening is delayed, as authorized by any statute or ordinance.
   4. The purchasing agent shall prepare a register of proposals for each request for proposals issued which shall contain information concerning the proposals. The register of
      proposals is available for public inspection and copying, however, proposals may not be disclosed. (Ord. 98-9, SIII 3 A-D, Sept. 8, 1998)

Chapter 1.18 — CLAIMS WHICH COME DUE BEFORE TOWN COUNCIL MEETING

Sections:

1.18.010 Allowable claims

1.18.010 Allowable claims. The Clerk-Treasurer of the Town of Ferdinand is authorized to pay the following claims when the due date for payment thereof is prior to the date of the next scheduled meeting of the Town Council:

1. Property or services purchased or leased from the U.S. Government,
   its agencies, or its political subdivisions.
2. License or permit fees.
3. Insurance premiums.
4. Utility payments or utility connection charges.
5. General grant programs where advance funding is not prohibited and the contracting party posts sufficient security to cover the amount advanced.
6. Grants of state funds authorized by statute.
7. Maintenance or service agreements.
8. Leases or rental agreements.
9. Bond or coupon payments.
10. Payroll.
11. State, federal, or county taxes.
12. Local retirement plan for employees.
13. Expenses that must be paid because of emergency circumstances.
14. Expenses that must be paid to wholesale utility suppliers.
15. Refund of meter deposits.
16. Replenish petty cash fund when necessary.

Each payment of expenses must be supported by a fully itemized claim.

The Town Council shall review and allow the claim at its next regular or special meeting following the preapproved payment of the expense. (Ord. 2005-08, Nov. 16, 2005) (Ord. 95-8, August 1995) (Ord. 92-13, S1, 1992)

Chapter 1.20 — FAIR HOUSING ORDINANCE

Sections:

1.20.010 Policy statement
1.20.020 Definitions
1.20.030 Unlawful practice
1.20.040 Discrimination in the sale or rental of housing
1.20.050 Discrimination in residential real estate-related transactions
1.20.060 Discrimination in the provision of brokerage services
1.20.070 Interference, coercion, or intimidation
1.20.080 Prevention of intimidation in Fair Housing cases
1.20.090 Exemptions
1.20.100 Administrative enforcement of ordinance
1.20.120 Separability of provisions

1.20.010 Policy statement. It shall be in the policy of the Town of Ferdinand 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. (Ord. 96-18, S1, Sept. 4, 1996) (Ord. 93-11, S1, July 27, 1993)

1.20.020 Definitions. The definitions set forth in this Section shall apply throughout this Chapter:

1. "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).
2. "Family" includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined in subsection (8) of this Section.
3. "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 II of the United States Code, receivers, and fiduciaries.
4. "To rent" (I.C. 22-9.5-2-13) includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises owned by the occupant.
5. "Discriminatory Housing Practice" means an act that is unlawful under Section 1.20.040, 1.20.050, 1.20.060, 1.20.070 or 1.20.080 of this Chapter or I.C. 22-9.5-5.
6. "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 addiction 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 transvestite [I.C. 22-9.5-2-10(c)].
7. "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
8. "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with:
   1. 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 this 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.
9. "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.
10. "Complaint" (I.C. 22-9.5-2-4) means a person, including the Commission, who files a complaint under I.C. 22-9.5-6. (Ord. 96-18, S2, Sept. 4, 1996) (Ord. 93-11, S2, July 27, 1993)

1.20.030 Unlawful practice. Subject to the provisions of subsection (2) of this Section, Section 1.20.090 of this Chapter 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 1.20.040 of this Chapter shall apply to:

1. All dwellings except as exempted by subsection (2) and Title 22-9.5-3 of Indiana Code.
2. Other than the provisions of subsection (3) of this Section, nothing in section 1.20.040 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 an (sic) any one time; p rovide d that in the sale of such single-family house by a private individual owner not residing in the house an (sic) the time of sale or who was not the most recent resident of such house prior to the sale, the exemption shall apply only to one such sale within any twenty-four 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 house at any one time. The sale or rental of any such single-family house shall be excepted from application of this section only if such house is sold or rented:
      1. 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
      2. without the publication, posting or mailing, after notice of advertisement or written notice in violation of Section 1.20.040 (3) of this Chapter, but nothing in this proviso 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.
3. For the purposes of 1.20.030 subsection (2), a person shall be deemed to be in the business of selling or renting dwellings if:

   A. he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

   B. he has, within the preceding twelve 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

   C. he is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families. (Ord. 96-18, S3, Sept. 4, 1996)

1.20.040 Discrimination in the sale or rental of housing. As made applicable by Section 1.20.030 and except as exempted by Sections 1.20.030 (2) and 1.20.090, it shall be unlawful:

1. 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.
2. 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 therewith, because of race, color, religion, sex, handicap, familial status or national origin.
3. 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.
4. 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.
5. For profit, to induce or attempt to induce 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.
6. 1. 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.
   2. 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.
   3. 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 of 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 modification, 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, 1988, a failure to design and construct those dwellings in such a manner that:
         1. the public use and common use portions of such dwellings are readily accessible to any usable by handicapped persons;
         2. all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped person in wheelchairs; and
         3. all premises within such dwellings contain the following features of adaptive design:
            1. an accessible route into and through the dwelling;
            2. light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
            3. reinforcements in bathroom walls to allow later installation of grab bars; and
            4. usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
   4. Compliance with the appropriate requirements Americans With Disabilities Act of 1990 and of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph (3)(C)(iii).
   5. Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others. (Ord. 96-18, S4, Sept. 4, 1996)

1.20.050 Discrimination in residential real estate-related transactions.

1. 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.
2. 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:
      1. for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
      2. secured by a residential real estate.
   2. The selling, brokerage, or appraising of residential real property.
3. Nothing in this Chapter 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. (Ord. 96-18, S5, Sept. 4, 1996)

1.20.060 Discrimination in the provision of brokerage services. 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. (Ord. 96-18, S6, Sept. 4, 1996)

1.20.070 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 the account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 1.20.030, 1.20.040, 1.20.050, or 1.20.060 of this Chapter. (Ord. 96-18, S7, Sept. 4, 1996)

1.20.080 Prevention of intimidation in fair housing cases. Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:

1. 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 participation in any service, organization or facility relating to the business of selling or renting dwellings; or
2. 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 15(a) (sic); or
   2. affording another person or class of persons opportunity or protection so to participate; or
3. 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 for facilities described in 1.20.080(1), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate. (Ord. 96-18, S8, Sept. 4, 1996)

1.20.090 Exemptions.

1. 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 (2) and (3) of this Section.
2. Nothing in this Chapter 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 or such lodgings to its members or from giving preference to its members.
1. Nothing in this ordinance regarding familial status shall apply with respect to housing for older persons.
2. 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 persons (as defined in the state or federal program); or
2. intended for, and solely occupied by, persons 62 years of age or older; or
3. intended and operated for occupancy by at lease (sic) one person 55 years of age or older per unit. (Ord. 96-18, S9, Sept. 4, 1996)

1.20.100 Administrative enforcement of ordinance:

1. The authority and responsibility for properly administering this Chapter and referral of complaints hereunder to the Commission as set forth in subsection (2) hereof shall be vested in the Town Council of the Town of Ferdinand, Indiana.
2. Notwithstanding the provisions of I.C. 22-9.5-4-8, the Town of Ferdinand, Indiana, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this Ordinance, herein elects to refer all formal complaints of violation of the articles of this Ordinance by Complaints to the Indiana Civil Rights Commission ("Commission") for administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code and the Town Council of the Town of Ferdinand, Indiana, shall refer all said complaints to the Commission as provided for under subsection (1) 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.
3. All executive departments and agencies of the Town of Ferdinand, 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 Town Council and the Commission to further such purposes.
4. The Town Council of the Town of Ferdinand, Indiana, or it's designee, shall provide information on remedies available to any aggrieved person or complaint requesting such information. (Ord. 96-18, S10, Sept. 4, 1996)

1.20.120 Separability of provisions. If any provision of this Chapter or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Chapter and the application of its provisions to other persons not similarly situated or to other circumstances shall not be affected thereby. (Ord. 96-18, S12, Sept. 4, 1996)

Chapter 1.22 — BUILDING AND PREMISES STANDARDS DEPARTMENT

Sections:

1.22.010 Creation

1.22.010 Creation. There is hereby created the Building and Premises Standards Department of the Town of Ferdinand. The Town Council is authorized to appoint one or more persons as Building and Premises Standards Officers and Deputy Officers, as needed from time to time. Such Officer(s) shall be appointed and serve at the pleasure of the Town Council upon such terms and conditions as set by the Council. (Ord. 94-2, S1, Feb. 22, 1994)

Chapter 1.24 — DEPARTMENT OF REDEVELOPMENT

Sections:

1.24.010 Establishment
1.24.020 Board Membership
1.24.030 Territory
1.24.040 Appointment of Members
1.24.050 Conflicting Ordinances

1.24.010 Established. The Town Council of the Town of Ferdinand, Indiana (“Town”), now deems it to be in the best interest of the Town and its citizens to afford a maximum opportunity for rehabilitation, redevelopment or economic development of areas by private enterprise and the Town by establishing a department of redevelopment. (Ord. 94-4, S1, May 24, 1994)

1.24.020 Board Membership. The Town Council hereby establishes the Department of Redevelopment of the Town. The Department will be controlled by a board of five members known as the Ferdinand Redevelopment Commission. (Ord. 94-4, S2, May 24, 1994)

1.24.030 Territory. Pursuant to the Act [IC 36-7-14 and IC 36-7-25] all of the territory within the corporate boundaries of the Town will be a taxing district to be known as the Ferdinand Redevelopment District for the purpose of levying and collecting special benefit taxes for redevelopment purposes as provided in the Act. The Town Council finds and determines that all of the taxable property within this special taxing district will be considered to be benefited by the redevelopment projects and economic development projects carried out under the act to the extent of the special taxes levied under the Act. (Ord. 94-4, S3, May 24, 1994)

1.24.040 Appointment of Members. The President of the Town Council shall appoint three of the five members of the Ferdinand Redevelopment Commission. (Ord. 94-4, S4, May 24, 1994)

1.24.050 Conflicting Ordinances. All other orders, ordinances, resolutions or parts thereof in conflict with the provisions and the intent of this ordinances are hereby repealed. (Ord. 94-4, S5, May 24, 1994)

Chapter 1.26 — TOWN OF FERDINAND PRIDE OF PLACE COMMISSION

Sections:

1.26.010 Creation
1.26.020 Members
1.26.030 Representation
1.26.040 Advisory members
1.26.050 Expenses

1.26.060 Selection of Chairman, Vice-Chairman, and Secretary; Terms; Meetings

1.26.070 Technical, Administrative and Clerical Assistance
1.26.080 Purpose

1.26.010 Creation. There is hereby created the Town of Ferdinand Pride of Place Commission (hereinafter “Commission”). (Ord. 94-5, S1, July 12, 1994)

1.26.020 Members. The Commission shall consist of not less than three (3) nor more than seven (7) acting members, as determined by the Town Council from time to time. The voting members shall be appointed by the Council President, subject to approval of the Council. Voting members shall each serve for a term of three (3) years; however, the first three (3) members appointed shall have initial terms which expire on December 31, 1996; the next two (2) members appointed shall have initial terms which expire on December 31, 1995, and the last two (2) members appointed shall have initial terms which expire on December 31, 1994. A vacancy or new appointment shall be filled for the duration of the designated member’s term. (Ord. 94-5, S2, July 12, 1994)

1.26.030 Representation. All members shall have an interest in the work of the Commission and one (1) member shall be representative of at least one of the following groups:

1. Large business;
2. Small business;
3. Historical Society;
4. Tourism;
5. County government; and
6. Town government.

Additionally, there may be one (1) member appointed who is not representative of the above groups. (Ord. 94-5, S3, July 12, 1994)

1.26.040 Advisory members. The Council may appoint such additional nonvoting advisory members with such terms and qualifications as it deems appropriate from time to time. (Ord. 94-5, S4, July 12, 1994)

1.26.050 Expenses. Members shall serve without compensation but may be paid for reasonable expense incurred in the performance of their duties, as approved by the Council. (Ord. 94-5, S5, July 12, 1994)

1.26.060 Selection of Chairman, Vice-Chairman and Secretary; Terms; Meetings. The Commission, at its first meeting each year, shall select from its membership a Chairman, Vice-Chairman, and Secretary, who shall initially serve until December 31, 1994, and until each December 31 of each subsequent year thereafter. Such may be re-elected. The Commission may adopt rules for the transaction of its business not inconsistent with this Ordinance. The Commission shall adopt rules for a date, time and place of regular meetings at least monthly unless there is no business to conduct. The Commission shall also adopt rules for calling special meetings. All Commission meetings must comply with the Indiana Open Door and Open Records statues. (Ord. 94-5, S6, July 12, 1994)

1.26.070 Technical, Administrative and Clerical Assistance. Each official of the Town of Ferdinand who has responsibility for building inspections, building permits, planning or zoning shall provide such technical, administrative and clerical assistance as may be requested by the Commission. (Ord. 94-5, S7, July 12, 1994)

1.26.080 Purpose. The purpose of the Commission is to augment the Ferdinand Advisory Plan Commission for the protection of buildings, places, and districts of historic interest and to facilitate the enactment and application of ordinances for preserving the historic, esthetic and scenic qualities of our community, while promoting appropriate economic growth. The Commission is to augment the development and application of ordinances affecting the development, preservation and esthetics of Ferdinand and the area within its jurisdictional zoning area as it exists from time to time. Areas of Commission responsibility are: Signage, Design, Architecture, Historical Preservation, Property Development, Esthetics, and Scenic Preservation. In this respect, the Commission shall act in an advisory manner only to the Plan Commission, Board of Appeals, and Town Council. (Ord. 94-5, S8, July 12, 1994)

Chapter 1.30 — PROCEDURES FOR SELECTION OF CONSULTANTS ON CONTRACTS INVOLVING FEDERAL PARTICIPATION ON TRANSPORTATION PROJECTS

Sections:

1.30.010 Purpose
1.30.020 Necessity for use of consultant
1.30.030 Authorization for employment of a consultant
1.30.040 Record of consultants
1.30.050 Selection of consultants
1.30.060 Request for proposals
1.30.070 Submittal of proposals
1.30.080 Selection of consultant
1.30.090 Negotiations for contract
1.30.100 Exceptions to procedure
1.30.110 Notice to proceed with work

1.30.010 Purpose. To prescribe the procedures of the Town Council of Ferdinand, (hereinafter called the “Town Council”), applicable to the retaining of consultants on contracts involving federal participation so that these procedures are compatible with appropriate regulations and guidelines of the U.S. Department of Transportation. (Ord. 93-17, S1, Dec. 28, 1993)

1.30.020 Necessity for use of consultant. The services of a consultant may be requested for a project where:

1. the in-house capabilities of the Town Council are insufficient to accomplish the project within the desirable time; or
2. the complexity or nature of the project requires specialized expertise; or
3. it is more economical to engage such services; or
4. it is otherwise in the public interest. (Ord. 93-17, S2, Dec. 28, 1993)

1.30.030 Authorization for employment of a consultant. When determined at a meeting of the Town Council that consulting services be used, the minutes shall show that the Town Council has decided to use the services of a consultant. (Ord. 93-17, S3, Dec. 28, 1993)

1.30.040 Record of consultants. The Clerk-Treasurer of the Town Council will maintain files and records of consultants who have expressed interest in providing professional services and who have submitted information as to the qualifications of their firm.

The record of consultants will be based upon information provided by each consultant in a manner which may be prescribed, supplemented with such other information as is considered necessary to provide current data about the firm. The information shall include the name, address, list of principals, list of professional-technical-supportive staff, the qualifications and experience of individuals, the history and experience of the firm, the extent of involvement in noteworthy projects, and technical and financial references. Form time to time supplemental information may be submitted by the consultant to keep their file current.

The record of listing of consultants will include the firms previously and currently satisfactorily employed by the Town and all MBE/WBE firms known to the Indiana Department of Transportation (INDOT). (Ord. 93-17, S4, Dec. 28, 1993) 1.30.050 Selection of consultants. The selection of consultants for specific projects will be made by majority decision of the Town Council. (Ord. 93-17, S5, Dec. 28, 1993)

1.30.060 Request for Proposals. Prior to the consultant selection, the Town Council will prepare a notice of projects for which consultant proposals are being requested. The listing is to provide the necessary project data for preparation of consultant proposals.

The notice is to provide for a period of time, not be less than thirty (30) days from date of posting of the notice, during which consultant proposals will be accepted for the various proposed agreements described in the notice.

The listing is to be posted in the Office of the Town Council in the Town Hall in Ferdinand, Indiana.

Also by regular mail the notice will be sent to all firms that have met the requirements outlined in Section 1.30.040 of these procedures, and which have requested in writing that notices covering specific types of projects be sent to them with the firm’s request being renewed annually. (Ord. 93-17, S6, Dec. 28, 1993)

1.30.070 Submittal of proposals. Any consultant having on file in the Town Council Office or submitted with their proposal current information on the firm’s qualifications may submit proposal(s) for items noted in the notice of request for proposals during the period of time specified in the notice. The proposal must include:

1. description of the proposed project; and
2. description of anticipated work elements; and
3. proposed staffing for the work including designation of project manager; and
4. proposed schedule of work; and
5. information concerning current overhead rate as prepared by a C.P.A. or registered accountant, or as approved by the INDOT. (Ord. 93-17, S7, Dec. 28, 1993)

1.30.080 Selection of consultant. The Town Council, after a review of the proposals received for a project, will dec