ADMINISTRATION
Chapter 20: Laws Governing the Town
20.01 Laws Governing the Town:
The Law governing the Town is declared to be all law governing the State of Indiana, and this Code.
Parallel citation: IC 1-1-2-1. Law of the state.
CHAPTER 21: Construction of Code
21.01 Construction of Code:
(a) This Code shall be construed by the following rules unless such construction is plainly repugnant to the legislative intent or context of the provision.
(b) Words and phrases shall be taken in their plain, ordinary, and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(c) Words imputing joint authority to three (3) or more persons shall be constructed as imputing authority to a majority of such person, unless otherwise declared in the section giving such authority.
(d) The word “Council” means the Council of Trustees of the Town of Fairmount, State of Indiana.
(e) The word “County” means the County of Grant, State of Indiana.
(f) The word “Highway” includes any alley, bridge, road, and street unless otherwise expressly provided.
(g) The word “Month” means one (1) calendar month, and the work “Year” means one (1) calendar year, unless otherwise expressly provided.
(h) The Word “Person” means, but is not limited to, any individual, partnership, co-partnership, firm, company, corporation, association joint stock company, trust, estate, public or private utility, municipality, or his, her, or its legal representative or assignee.
(i) The words “Preceding” and “Following” referring to sections or subsection in this Code, refer to the sections or subsection in this Code, refer to the sections or subsections next following or next preceding that in which the words occur, unless some other section is designated.
(j) The word “State” means the State of Indiana.
(k) The word “Town” means the Town of Fairmount, State of Indiana.
(l) The word “Written” and “In Writing” include lithographing, printing, or other modes of representing words and letters. Where the written signature of a person is required, the proper handwriting of that person, or his or her mark, shall be valid for that purpose.
(m) Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal; the performance of the act by an authorized deputy or agent is valid.
Parallel citation: IC 1-1-4-1. Construction of statutes.
CHAPTER 22: Effect of Repeal
22.01 Effect of Repeals:
Effect of repeal: When a section of this Code is repealed which repealed a former section or any ordinance under a resolution adopted prior to the adoption of this Code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release and forfeiture, liability, or penalty incurred under such section, unless the repealing section so expressly provides. That section shall remain in force for the purpose of sustaining any proper action or prosecution for the enforcement of such forfeiture, liability or penalty.
Parallel citation: IC 1-1-5-1. Effect or repeal.
CHAPTER 24: HOME RULE
Section
24.01 Home Rule
24.02 Conduct of Town Internal Affairs
24.03 Town Support Public Best Interest
24.04 Fairmount Promotional Fund
24.05 Expenditures from Promotional Fund
24.06 Authorization of Expenses
24.01 HOME RULE.
The Town hereby adopts the Town “Home Rule” Ordinance pursuant to IC36-1-3-1 et seq.
24.02 CONDUCT OF TOWN INTERNAL AFFAIRS.
The Town may exercise any power or perform any function necessary to the public interest in the conduct of its internal affairs, which is not prohibited by the state Constitution or the United States Constitution, or denied or preempted by any other law or is not vested by any other law in any other town, county or state entity, special purpose district, or municipal or school corporation.
24.03 TOWN SUPPORTS ALL ACTION IN THE PUBLIC INTERST.
The Town shall support all actions, projects, and programs in the public interest of its citizens, if those action, projects, and programs are authorized under “Home Rule” powers or the performance of those functions, are reasonable and practical under the circumstances.
24.04 FAIRMOUNT PROMOTIONAL FUND.
The Fairmount promotional Fund is established. The Council may budget and appropriate funds to provide for expenses incurred in promoting the betterment of the Town.
24.05 EXPENDITURES FROM TOWN PROMOTIONAL FUND MAY INCLUDE.
a) Membership dues for the Town, its elected and appointed officials and members of its board, council, departments or agencies in local, regional, state and national associations of a civic, educational or governmental nature, which have as their purpose the betterment and improvement of Town operations.
b) Direct expenses for travel, meals, and lodging in conjunction with Town business or meetings of organizations to which the Town belongs.
c) Expenses incurred in the promotion of economic or industrial development for the Town, including meeting room rental, decorations, meals and travel.
d) Commemorative plaques, certificates, or objects such as commemorative keys.
e) Other purposes deemed by the Council to directly related to the promotion or betterment of the Town.
f) Expenditures which are specifically authorized by the Council to support public parades and public celebrations within the Town of Fairmount, Indiana, if the council determines that such public parades and public celebrations are related to the promotion or betterment of the Town.
Ordinance 1-1983 adopted 1-14-83
Ordinance 8A-1999 adopted 9-2-99 (amendment)
Parallel citation: IC 36-1-3-1. Application of (home rule) chapter.
CHAPTER 25: TOWN COUNCIL ELECTION DISTRICTS
Section
25.01 Town Council Election Districts
25.02 At Large Election
25.11 Primary Election
25.01 Town Council Election Districts
Be it further ordained by the Council… that the Grant County Election Board shall conduct the elections for town officers as required by law.
25.02 At Large Election
The Council provides that all of its members are to be elected at large by the voters of the whole town.
25.11 Election of Primary
The Town Council desires that such primary would take effect in the year 2003.
(1) A Candidate for any Town office shall hereafter be nominated by the use of a primary election as that term is utilized in IC 3-8-5-2, Section 2 (a) (2);
(2) The primary shall be conducted in the manner as provided by law and shall be conducted by the County Election Board of Grant County all as required by IC 3-8-5-2, Section 2 (e);
(3) Two (2) of the five (5) seats of the Town Council shall serve a three (3) year term beginning January 1, 2004. At the end of the three year term, the two (2) Town Council seats shall revert to a four (4) year term thereafter. The two (2) Council seats, which shall be for a term of three (3) years beginning January 1, 2004, shall be determined by the election held in 2003, and the two (2) Council seats receiving the lowest amount of total votes shall be the seats, which shall be for an initial period of three (3) years.
(4) The three (3) Council seats which receive the highest number of votes in the General Election of 2003 shall remain at four (4) years term.
(5) This Ordinance shall take effect beginning January 1, 2003.
Ordinance #19-2002; adopted 12/30/02
CHAPTER 26: TOWN SEAL AND COUNCIL RULES
Sections
26.01 Seal
26.02 Meeting Times
26.03 Pay Claims prior to Council Approval
26.04 Types of Expenses that can be paid
26.05 Fixed Assets
26.01 Seal
The Council adopts a common seal described as follows: a five (5) pointed star, with a beaded circle just beyond the points of the star; the words “CORPORATION SEAL” and “FAIRMOUNT, INDIANA” centered around the top and bottom of the ring respectively, with a second beaded ring surrounding these words.
26.02 Town Council Meeting Times
Regular meetings of the Council shall be conducted at seven o’clock post meridian (7:00 p.m.) on the second and fourth Mondays of each month. except on holidays and weather related.
26.03 Pay Claims prior to Council Approval
IC 36-5-4-12 allows a Town fiscal Officer to disburse funds for certain lawful purposes without the prior written approval of the Town Council, and if said claims are properly invoiced and itemized, and certified by the fiscal officers. The Council shall review the claim and allow the claim at the Council’s next regular or special meeting following the pre-approved payment of the expense.
26.04 Types of Expenses that can be paid before Council Approval.
1. Property of services purchased or leased from:
A. the United States Government;
B. an agency or political subdivision of the United States Government.
2. License Fees or permit fees;
3. Insurance Premiums;
4. Utility payments or utility connection;
5. Federal grant programs if:
A. advance funding is not prohibited;
B. the contracting party provides sufficient security for the amount advanced;
6. Grants of state funds authorized by statute;
7. Maintenance agreements or service agreements;
8. Lease agreements or rental agreements;
9. Principal and interest payments on bonds;
10. Payroll
11. State, Federal or County Taxes;
12. Expenses that must be paid because of emergency circumstances.
13. Expenses described in an ordinance.
26.05 FIXED ASSETS
Any asset owned by the Town of Fairmount which has a book value of Five Thousand ($5,000) dollars or more shall be considered a “Fixed Asset” for all bookkeeping and record keeping purposes.
Ord. #12-1995; passed 9/25/95
Ord. #1-2007; passed 1-22-07
CHAPTER 27: CUMULATIVE CAPITAL IMPROVEMENT FUND
Sections
27.01 Create cumulative Capital Improvement Fund
27.02 Distributions Received
27.03 Disbursements from Funds
27.04 Restrictions
27.01 Cumulative Capital Improvement Fund
The Council hereby creates the Town Cumulative Capital Improvement Fund.
27.02 Distributions Received.
All distributions received from the Town Cumulative Capital Improvement Fund of the Indiana Cigarette Tax Fund shall be deposited in the Town cumulative Capital Improvement Fund.
27.03 Disbursements from the Fund
Disbursements from the fund shall be made only for the construction or improvement of any Town-Owned property, including but not limited to streets, thoroughfares and sewers. Disbursements may also be made to retire any general obligation town Bonds issued for the construction of improvements, which would qualify for use of such funds.
27.04 Restrictions
No disbursements shall be made from the fund for the salaries of any employees or public officials except for expenses directly chargeable to the improvements listed in 27.03.
Ordinance #1-1965; adopted 8-2-65
CHAPTER 28: SIGNS DESIGNATING FAMOUS PERSONS
Sections:
28.01 Title
28.02 Famous Persons
28.03 Sign Installed
28.04 Signs conform to Traffic Control Standards
28.05 Notification to Department of Highways
28.01 Title
To establish authorization of erection and maintenance of information signs designating famous persons.
28.02 Famous Persons
Information signs stating that James Dean, Phil Jones and James Davis were residents of the Town.
28.03 Sign Installed
The Town shall provide for signs to be erected along the route of State Highway 9 and/or State Highway 26, West to the Town Limits, and on State Highway 26, East of the Town Limits, so denoting the former residents, James Dean, Phil Jones, and James Davis of Fairmount, Indiana.
28.04 Signs Conform to Traffic Control Standards
The signs to be erected shall conform to the manual on traffic control device standards for historical signs and shall be erected in a manner that does not create a traffic hazard. Said signs shall not in any way designate a commercial and partisan political message, but shall be restricted as designated in this ordinance.
28.05 Notification to Department of Highway
A copy of this Ordinance shall be forward to the Director of the Department of Highway.
Ordinance #7-1992; passed 9-14-92
CHAPTER 29: CUMULATIVE FIRE EQUIPMENT FUND
Section
1 Title
2. Purpose
Section 1 Title
The Council had deem it be prudent and necessary to continue the Cumulative fire equipment fund levy.
Section 2 Purpose
1. Re-established and continued Fairmount cumulative Fire Equipment fund;
2. That a property tax levy will be imposed and the revenues from the levy will be retained in the Fairmount cumulative Fire Equipment fund;
3. That the maximum rate of levy under section two will not exceed ten (.10) cents per $100 assessed valuation, continuing from 1993, until the Fairmount Town Council deems it no longer necessary.
4. That the funds accumulated in the Fairmount Cumulative Fire Equipment Fund will be used only for the purchase of fire fighting equipment;
5. This fund takes effect upon approval of the State Board of Tax Commissioners.
Ordinance #4-1993, passed 7-12-93
CHAPTER 29.01 FAIR HOUSING
Section:
1. Policy Statement
2. Definitions
3. Unlawful Practice
4. Discrimination in the sale or rental of housing
5. Discrimination in residential real estate-related transactions
6. Discrimination in the provision of brokerage service
7. Interference, coercion, or intimidation
8. Prevention of intimidation in Fair Housing Cases
9. Exemptions
10. Administrative enforcement of ordinance
11. Separability of Provisions
1. Policy Statement
It shall be the policy of the Town of Fairmount, Indiana to provide, within constitutional limitation, for fair housing throughout its corporate limits as provide for under the Federal Civil Rights Act of 1968, as amended, and Indiana Code 22-9.5-1 et. Seq.
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 (IC 22-9.5-2-8).
B) “Family” includes single individual (IC 22-9.5-2-9), with the status of such family being further defined in subsection (h) of this section.
C) “Person” (IC 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 Sates code, receivers, and fiduciaries.
D) “To Rent” (IC 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.
E) “Discriminatory Housing Practice” means an act that is unlawful under Section 4,5,6,7, or 8 of this Ordinance of IC 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 impairment,
4. an impairment described or defined pursuant to the Federal Americans with Disabilities Act of 1990,
5. any other impairment defined under IC 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 862 of Title 21 of the United States Code {IC 22-9.5-2-2 (b)}; nor does the term “handicap” include an individual solely because that individual is a transvestite {22-9.5-2-10-9 (c)}.
G) “Aggrieved Person” includes any person who (IC 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:
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 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” (IC 22-9.5-2-3) means the Indiana Civil Right Commission created pursuant to IC 22-9-1-4, et. seq.
J) Complainant” (IC 22-9.5-2-4) means a person, including the Commission, who files a complaint under IC 22-9.5-6.
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 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 houses at any one time. The sale or rental of such single-family house shall be accepted 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 nothing 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) 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
(2) he has, within the preceding twelve months, participated as agent, other that 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 dwelling or any interest therein, or
(3) he is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.
4. Discrimination in the Sale or Rental of Housing:
( 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, familial status, handicap 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 or facilities in connection therewith, because of race, color, religion, sex, familial status, handicap or national origin.
( c ) To make, print, or publish, or cause to be made, printed or published any notice, statement or advertisement, 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 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.
(f) (1) To discriminate in the sale or rental, or to otherwise made unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
A. that buyer or renter;
B. a person residing in or intending to reside in that dwelling after it is so sold, rented or made available, or
C. any person associated with that person.
(f) (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:
A. that person or
B. a person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
C. any person associated with that person.
(f) (3) For purposes of this subsection, discrimination includes:
A. 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 modification, reasonable wear and tear excepted;
B. a refusal to make reasonable accommodations in rules, policies, practices, or services, when such a accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
C. 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 manner that:
(i) the public use and common use portions of such dwellings and readily accessible to and usable by handicapped persons;
(ii) 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
(iii) 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 locations;
(III) reinforcements in bathroom walls to allow later installation of grab bars
(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(f) (4) Compliance with the appropriate requirements American with Disabilities Act of 1990 and of the American National Standard for building and facilities providing accessibility and usability for physically handicapped people (commonly citied as “ANSI A117.01”) suffices to satisfy the requirements of paragraph (3) ( c ) (iii).
(f) (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.
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 transaction 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, there term “residential real estate-related transaction” means any of the following:
1. the making or purchasing of loans or providing other financial assistance:
A. for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
B. 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.
6. Discrimination in the Provision of Brokerage Services
It shall be unlawful to deny any person access in 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.
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 exer4cised 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 section 3,4,5 or 6 of this ordinance.
8. Prevention of Intimidation in Fair Housing Cases
Whoever, whether or not acting under cover of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts 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 of 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 person 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); or
2. affording another person or class of persons opportunity or protection so to participate; or
( c ) any citizens because he is or has been, or in order to discourage such citizen or any other citizens 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 facilities described in subsection (a), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined nor more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned for not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
9. Exemptions
( a ) Exemptions defined or not 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 from other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
( c ) 1. Nothing in this ordinance regarding familial status shall apply with respect to housing for other person.
2. As used in this section, “housing for older persons” means housing:
A. provided under any state or federal programs 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
B. intended for, and solely occupied by, persons 62 years of age or older; or
C. intended and operated for occupancy by at least one person 55 years of age or older per unit.
10. Administrative Enforcement of Ordinance
( a ) The authority and responsibility for properly administering this Ordinance and referral of complaints hereunder to the commission as set forth in subsection (b) hereof shall be vested in the President of the Town Council of the Town of Fairmount, Indiana
(b) Notwithstanding the provisions of IC 22-9.5-4-8, the Town of Fairmount, Indiana, because of a lack of financial proceedings and possible civil action under this Ordinance, herein elects to refer all formal complaints of violation of the articles of this Ordinance by Complainants to the Indiana Civil Rights Commission (“Commission”) for administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code and the President of the Town Council of the Town of Fairmount, Indiana shall refer all said complaints to the Commission as provided for under subsection (a) of this Section to said commission for purpose of investigating, resolution and appropriate relief as provided for under Title 22-9.5-6 of Indiana Code.
( c ) All departments and agencies of the Town of Fairmount, Indiana, shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purpose of this ordinance and shall cooperate with the President of the Town Council and the Commission to further such purpose.
( d ) The President of the Town Council of the Town of Fairmount, Indiana, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
12. 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.
Ordinance 4-1996; passed 1/22/96
CHAPTER 29.03: Economic Development Commission
Section
Purpose
Town Department of Development is Established
Powers and Duties
Purpose
The Council finds and determines that a need exists for the financing of economic development facilities and pollution control facilities as defined in IC 36-7-12.
Town Department of Development is Established
The Town Department of Development is established. The Department shall be under the control of the Town Economic Development commission; the Commission shall consist of three (3) members.
Powers and Duties
The Department of Development and the Town Economic Development Commission Shall be organized, the members appointed and qualified, and exercise the functions and have all of the powers and duties authorized by IC 36-7-12.
Ordinance #9-1981, adopted 12-14-81
Chapter 29.04 Rainy Day Fund
Sections
29.04.01 Purpose
29.04.02 Definition
29.04.03 Use of Funds
29.04.04 Limitation on Transfers
29.04.05 Appropriation of Fund
29.04.01 Purpose
The Town Council of the Town of Fairmount is desirous of establishing a rainy day fund to receive transfers of funds raised by a general or special tax levy whenever the purposes of such a tax levy have been fulfilled and an unused and unencumbered balance remains; and the Town Council of the Town of Fairmount now determines it to be in the best interest of the Town and its taxpayers that a rainy day fund be established for the purpose of accumulating funds for the operation of the municipality and its various departments when the Town does not have sufficient levies or funds to pay such costs, including, but not limited to, salaries and wages, cost of services, supplied, equipment, capital improvements, repairs and similar expenditures.
29.04.01 Name of Fund
There is hereby established a rainy day fund which shall be hereafter designated as the “Rainy Day Fund” to receive transfers of unused and unencumbered funds.
29.04.02 Use of Funds
The “Rainy Day Fund” shall accumulate such funds to be subsequently used for the operation of the municipality and its various departments when the Town does not have sufficient levies or funds to pay such costs, including, but not limited to, salaries and wages, costs of services, supplies, equipment, capital improvements, repairs and other similar expenditures.
29.04.03 Limitation on Transfers
In any fiscal year, the Town Council may not transfer more than ten percent (10%) of the Town’s total budget for that fiscal year to the rainy day fund.
29.04.04 Appropriation of Fund
The Town Council may authorize the expenditures of funds from the Rainy Day Fund by appropriations made in the same manner as other funds are appropriated that receive tax moneys, upon making the finding that the proposed use of the funds is consistent with the intent of the fund.
Ordinance 7-2003; adopted 10-13-03.
Chapter 29.05 Purchasing Rules
Section
29.05.01 Purpose
29.05.02 Definitions
29.05.03 Duties of Purchasing Agency
29.05.01 Purpose
The Town Council desires to establish a Purchasing Agency for the Town of Fairmount.
29.05.02 Definitions
“Policy” refers to a governmental body’s or Purchasing Agency’s written statement of purchasing procedure or substantive purchasing purposes that does not have the force and effect of law {IC 5-22-2-21}
“Purchase” includes buy, procure, rent, lease, or otherwise acquire. The term includes the following activities: description of requirements; solicitation or selection of sources; preparation and award of contract; all phases of contract administration; and all functions that pertain to purchasing. {5-22-2-24}
“Purchasing Agency” means a governmental body that is authorized to enter into contracts by this article, rules adopted under this article, or by another law. {5-22-2-25}
“Purchasing Agent” means an individual authorized by a Purchasing Agency to act as an agent for the Purchasing Agency in the administration of the duties of the Purchasing Agency. {5-22-2-26}
“Rule” refers to an order, and ordinance, a resolution, or another procedure by which the governmental body is authorized by law to adopt a policy that has the force and effect of law {5-22-2-29}.
“Supplies” means any property. The term includes equipment, goods, and materials. The term does not include an interest in real property. {5-22-2-38}
29.05.03 Section 1 Duties of Purchasing Agency
1. The Town of Fairmount Purchasing Agency is established as the Purchasing Agency for the Town of Fairmount and the Fairmount Park Board is established as the Purchasing Agency for the Fairmount Playacres Park.
2. The Purchasing Agent shall have all the powers and duties authorized under IC 5-22, as may be supplemented from time to time by ordinances and policies adopted by the Council.
3. The Purchasing Agency shall act as the Purchasing Agency for every Council, department, board, or other establishment of the Town of Fairmount.
4. The Purchasing Agency shall designate the Clerk-Treasurer as the Purchasing Agent.
Section II Duties of the Purchasing Agent
1. Assume the duties, powers and responsibilities assigned to the Purchasing Agent in IC 5-22.
2. The Purchasing Agent shall enter into contracts of purchase and the purchasing of property with prior approval of the Purchasing Agent. All contracts of purchase shall be made in the name of the Town or Town Utility Departments.
3. The Purchasing Agent shall prepare specifications and notices to bidders and see that the required notices are published, where bidding and publication of notices are required by law.
4. Purchasing Agent acts as the agent of any executive department to sell or exchange any personal property ordered to be sold by the Town Department or Council in accordance with procedures prescribed by law.
5. Whenever the Town, including any town-owned utility, makes any purchase, the contract for which purchase is not awarded to the lowest bidder, or is awarded to a single bidder, enters into any lease, any form of insurance policy, or executes a contract which exceeds $200.00 per year, all such purchases and/or leases or such contracts shall be interned into with the prior approval of the Fairmount Town Council.
6. Emergency Purchases: Notwithstanding any other provision of IC5-22, the Purchasing Agent may make a purchase without soliciting bids for proposals, if the Purchasing Agent uses the guidelines established under IC 5-22.
7. Purchase and/or lease of real estate: Whenever the Town or any of its utilities desires to purchase or lease (as Lessee), or acquire by gift any real estate, such purchases and/or lease or acquisition shall not be consummated and/or entered into without the prior approval of the Fairmount Town Council of Fairmount, Indiana. Any purchases and/or leases or acquisitions of real estate consummated without such prior approval shall be null and void.
8. Exception: Materials may be purchased in accordance with IC 5-22-10 under special purchase provisions.
9. Purchasing Agent can give permission for town employees to pick up supplies in the name of the Purchasing Agency. A purchase order will be required to pick up supplies in excess of $200.00, the Purchasing Agent can approve all purchase orders under $200.00, the Purchasing Agency must approve all purchase orders over $200.00.
Section III Purchases Less than $25,000
The Purchasing Agent may purchase supplies with an estimated cost of less than $25,000 on the open market after receiving at least three written prices from vendors.
Section IV Purchases Between $25,000 and $75,000
1. The Purchasing Agency may purchase supplies by inviting quotes from at least three (3) persons known to deal in the lines or classes of supplies to be purchased.
2. The Purchasing Agent shall mail an invitation to quote at least seven (7) days before the time fixed for receiving quotes.
3. If the Purchasing Agent receives a satisfactory quote, the Purchasing Agency shall award a contract to the lowest responsible and responsive bidder for each line or class of supplies quoted.
4. A Purchasing Agency may reject all quotes.
5. If the Purchasing Agent does not receive a quote from a responsible and responsive offer or, the Purchasing Agency may purchase the supplies using methods for Special Purchases under IC 5-22-10.
Section V Purchases Over $75,000
1. The Purchasing Agency had determined that it is not practicable or advantageous to the Town of Fairmount to request competitive sealed bidding.
2. All purchases over $75,000 shall be through a Request for Proposals procedure instead of competitive sealed bidding.
3. The Purchasing Agent may conduct discussions with, and best and final offers may be obtained from responsible offerors who submit proposals determined to be reasonably susceptible of being selected for a contract award.
4. Exception shall be taken when competitive sealed bids are required while using State or Federal Grant money.
Section VI Purchase of Supplies Manufactured in the United States
1. The Supplies are not manufactured in the United States in reasonably available quantities;
2. The Price of the supplies manufactured in the United States exceeds 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 comparable priced available supplies manufactured elsewhere; or
4. The purchase of supplies manufactured in the United States is not in the public interest.
Section VII
A. Protection of offers; status of documents as public records:
1. Protection of offers prior to opening: The Purchasing Agent 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. Unobstructed Evaluation of Offers: 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. Public Records Status of Bids: Bids submitted in response to an invitation for bids must be available for public inspection and copying after the time of bid opening.
4. Register of Proposals: The Purchasing Agent shall prepare a register of proposals for each request for proposals issued which shall contain information concerning the proposal available for public inspection and copying. Proposals may not be disclosed.
B. Delay of Opening of Offers
When the Town Council makes a written determination that its in the Town’s best interests, offers may be opened after the time stated in the solicitation. The date, time and place of the rescheduled opening must be announced at the time and place of the originally scheduled opening.
C. Evidence of Financial Responsibility
1. Purchases Less than $25,000: The Purchasing Agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000.
2. Purchases Between $25,000 and $100,000: The solicitation may include a requirement that an offeror provide evidence of financial responsibility. If evidence of financial responsibility is required, the solicitation must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed ten percent (10%) of the estimated cost of the purchase.
3. Purchases Over $100,000: The solicitation shall include a requirement that an offeror provide evidence of financial responsibility and must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed ten percent (10%) of the estimated cost of the purchase.
Section VIII Modification and Termination of Contracts
1. Price Adjustments: The Purchasing Agent may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included:
(A) Price adjustments must be computed by agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible;
(B) Price adjustments must be computed by unit prices specified in the contract or subsequently agreed up;
(C) Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(D) Price adjustments must be computed in such other manner as the contracting parties may mutually agreed upon; or
(E) In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body.
2. Adjustments in time of Performance: The Purchasing Agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
3. Unilateral rights of the Town of Fairmount: The Purchasing Agent may include in a purchase contract provisions dealing with the unilateral right of the Town of Fairmount to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
4. Quantity Variations: The Purchasing may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
Section IX Purchase of Services
The Purchasing Agency determines that the Purchasing Agent may purchase services (except for the services of attorneys) by soliciting for written quotes approved by the Purchasing Agency.
Section X Publication of Notices
1. INVITATION FOR BIDS: All notices of invitation for bids shall be
published in accordance with IC 5-3-1 in the Chronicle-Tribune and posted at Fairmount Municipal Building and the Fairmount State Bank.
(a) The Purchasing Agent shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of bids. The notice will be published two times, at least one week apart. The second publication must occur at least ten (10) days prior to the date the bids will be opened.
2. REQUEST FOR PROPOSALS: All notice of request for proposals shall
be published in accordance with IC 5-3-1 in the Chronicle-Tribune and posted at the Town of Fairmount Municipal Building and the Fairmount State Bank.
(a) The Purchasing Agent shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of proposals. The notice will be published two times, at least one week apart. The second publication must occur at least seven (7) days prior to the date the proposals will be opened.
3. REQUEST FOR SPECIFICATIONS: All notices of request for specifications shall be published in accordance with IC 5-3-1 in the Chronicle-Tribune and posted at the Town of Fairmount Municipal Building and the Fairmount State Bank.
(a) The Purchasing Agent shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of proposals. The notice will be published two times, at least one week apart. The second publication must occur at least seven (7) days prior to the date the proposals will be opened.
4. ELECTRONIC NOTICES: Whenever a notice or other material, including specifications, an invitation for bids, request for proposals or request for specifications, is sent by mail, the purchasing agent may also send the notice or other material by electronic means, provided that the transmission of the information is at least as efficient as mailing the information.
5. RECEIVING OFFERS
(A) OPENING OF OFFERS: Bids received in response to an invitation for bids must be opened publicly in the presence of at least one or more witnesses at the time and place designated in the invitation for bids.
(a) Proposals received in response to a request for proposals must
be opened so as to avoid disclosure of the contents to competing offerers during the process of negotiation.
(b) Proposals received in response to a request for specifications may be opened as specified in the request for specifications.
6. ELECTRONIC RECEIPT OF OFFERS: The purchasing agency may
receive electronic offers in response to an invitation to bid, request for proposals or request for specifications. An electronic offer may only receive an electronic offer if:
(A) The solicitation includes the procedure for the electronic transmission of the offer; and
(B) The Purchasing Agency receives the offer on a fax machine or other system with a security feature that protects the contents of an electronic offer with the same degree of protection as provided to an offer not transmitted electronically.
7. CORRECTION AND WITHDRAWAL OF BIDS: An offerer may correct inadvertent errors in a bid up to the time at which bids will be opened by supplementing the erroneous bid an submitting a revised bid. A bidder may not supplement an inadvertently erroneous bid after the time at which the bids were opened.
(a) A bidder may withdraw a bid containing inadvertent errors up to the time at which bids will be opened and for a period of not more than 24 hours after the time at which the bids were opened.
8.CANCELLATION OF SOLICITATION:When the Purchasing Agent makes awritten determination that it is in the town’s best interest, the purchasing agent may cancel a solicitation or reject all offers, provided that the solicitation included information concerning the procedure for cancellation.