County Council Ordinance - May 2009. ,
:� __ ;
ORDINANCE NO. 2009 - Z
ORDZNANCE TO ESTABLISH THE SHERIFF'S SALE
PROGRAM AND SERVICE FEE
WHEREAS, the Indiana Constitution and the Indiana code grant
the Sheriff of Gibson County, Indiana (hereinafter "the Sheriff"),
and other county sheriffs certain powers and authority, and
WHEREAS, §32-29-7, et seq., grants to the Sheriff the powers
associated with facilitating and administering the sale of parcels
of real property that have been foreclosed upon; and
WHEREAS, §32-29-7-3-(h) authorizes the Sheriff to charge an
administrative fee not to exceed Two Hundred and no/100 ($200.00)
Dollars for costs attributable to the administration of the
sheriff's sale; and
WHEREAS, the citizens of Gibson County, Indiana, will benefit
by the establishment and conduct of a program that provides for the
payment of the statutory fee by lien holders foreclosing liens on
real property, (hereinafter "Sheriff's Sale Program"); and
WHEREAS, the Sheriff's Sale Program will help defray the costs
of administering and conducting sheriff's sales in Gibson County,
Indiana by requiring that lien holders pay an administrative fee
herein: and
WHEREAS, the Council has the authority under the Indiana Code,
including, but not limited to, the Indiana Home Rule Act. I.C. §36-
1-3-1, et.seq., to establish and authorize the Sheriff's Sale
Program.
NOW, THEREFORE, it is ordained by the Gibson County Council of
Gibson County, Indiana, that:
SECTION 1: The Sheriff is hereby authorized to charge a
fee not to exceed Two Hundred and no/100 ($200.00) Dollars per
parcel of property in the Sheriff's Sale Program, (hereinafter "the
Foreclosure Costs Fees"), and to deposit such Foreclosure Costs
Fees collected by or on behalf of the Sheriff in the County General
Fund.
SECTION 2: The Foreclosure Costs Fees shall be payable at
the time of filing the praecipe under I.C.§32-29-7-3(h), which
shall be a charge for the Sheriff's Sale in addition to other
statutory costs and fees.
SECTION 3: The Sheriff�s Sale Program contracts shall
provide for a complete and accurate accounting of all Sheriff's
Sale Program proceeds and in compliance with any reporting or
recording requirements as set forth by the Indiana State Board of
Accounts.
�• -
SO ORDAINED THIS _��{n DAY
n c%lfi�%rt,��
COUNTY C CIL P ESIDENT
OF rn(� � ,2009.
�-
���
COUNTY COMMISSIONERS PRESIDENT
�
! �' �= �
-'" -� : _��
� `COUN Y`CO CIL„MSMBER
'��
~� COUNTY COUNCIL /MEMBER'
�---
COUNTY COUNCIL, MEMBER
�,��=►\