C HAPTER    4
 
FEES, LICENSES, PERMITS & FRANCHISES.

C HAPTER    4
 
FEES, LICENSES, PERMITS & FRANCHISES.

ARTICLE 1. GENERAL PROVISIONS.

Sec. 4-1    Authority to License.

The City has the authority to impose a license fee reasonably related to the administrative cost of exercising such powers).¹

¹Indiana Code, § 36-1-3-8(5), provides for such authority in cities

Sec. 4-2    Issuance and Inspections.

a.   The Clerk-Treasurer shall issue licenses upon payment of the license fees and compliance with the applicable Provisions of the Attica City Code.

²Indiana Code, § 36-4-10-5(10), provides for such authority for the Clerk-Treasurer.

b.   The Police Department shall inspect all places of business under license or required to have a license.

³Indiana Code, § 36-4-3-10-13, provides for such authority for the Police Department.

Sec. 4-3    Complaints, Revocations and Suspensions.

a.   The Mayor shall hear any complaint against a person to whom the City of Attica has issued a license.

b.   The Mayor make revoke or suspend any license if he or she finds, after proper notice and heating, that the person has willfully violated a term or condition of his or her license, or has willfully done or permitted to be done an act in violation of a statute or provisions of the Attica City Code.

c.   The Mayor shall file a copy of his or her findings and determination with the Clerk-Treasurer within twenty-four (24) hours after it is made.

⁴Indiana Code, § 36-4-5-5, sets forth the governing state law.

Sec. 4-4 Through Sec. 4-7 Reserved for Future Use.

ARTICLE 2. SPECIFIC ADMINISTRATIVE FEES.⁵

⁵Editor's Note: Ord. No. 2, 1994, passed on February 21, 1994, located at Bk. 28, -. 63, repealed the regulations addressing bowling alleys, card rooms, auctions, and auctioneers.

Sec. 4-8    Service Charge for Unhonored or Returned Checks.

There is established a charge in the sum of ten dollars ($10.00) on any check submitted to the City of Attica for services furnished by the City, including, but not limited to, sewer and water charges, which are returned to the City unpaid or unhonored by a banking institution.
(Res. No. 6, 1985, 9-9-85, Bk. 26, p. 148)

Sec. 4-9    Copying or Duplication Fee.⁶

⁶Indiana Code, § 5-14-3-8(d) authorizes a fiscal body to establish a fee schedule for copies and facsimiles. Indiana Code, § 142-8, authorizes the establishment of a copying fee schedule for public records.

a.   Any person requesting a copy of a public record shall pay in advance to the Clerk-Treasurer of the City, the actual cost of copying the record which is determined to be ten cents ($.10) per page for standard size copies (8 1/2 x 11 or 8 1/2 x 14) and fifty cents ($.50) per page for non-standard copies.

b.   If the City does not have mechanical means for copying a requested record, the person requesting such record shall be entitled to inspect and manually transcribe the record. The City shall not charge to inspect a public record to determine whether the record may be disclosed.
(Ord. No. 8-1999, 5-10-99)

Sec. 4-10    Accident Report Fee.⁷

⁷Indiana Code, § 9-26-2-2, addresses accident reports.

a.   The Police Department of the City of Attica, Indiana, shall furnish, upon demand, to any person who has sustained any loss or damage, by reason of injury or death of any person or damage to property caused by or resulting from the operation, maintenance or use of any vehicle upon any public street or highway of this state, the information as set forth pursuant to applicable state law.

b.   The police Department is authorized to charge as fee for a copy of an accident report form an amount of five dollars ($5.00) per copy.

c.   The fee collected under this ordinance shall be deposited in a separate account and entitled "Accident", which sums may be expended at the discretion of the Chief Administrative Officer of said Police Department for any Department purposes reasonably related to the keeping of accident reports and records or the prevention of street and highway accidents.
(Ord. No. 13, 1984, §§ 1-3,1, Bk. 26., P. 100; Am. Ord. No. 8, 2001, 8-13-01)

Sec. 4-11    Inspection Fee for Certificate of Title Inspections.

a.   AUTHORIZATION. Pursuant to applicable state law, police officers of the Attica Police Department are authorized to inspect motor vehicles, semi-trailers or recreational vehicles to verify the facts set forth in application for certificate of title for said vehicles.
(Ord. No. 4, 1987, § 1)

b.   FEES.

1.   The Attica Police Department is authorized to charge a fee in the sum of five dollars ($5.00) for each vehicle inspected. Said fee shall be charged to the owner of such vehicle or vehicles for the inspection verification of the facts set forth in the application for such Certificate of Title for such vehicle or vehicles.

2.   The Attica police officer making the inspection is authorized to collect such fees and shall remit such fees daily to the Chief of Police or his or her duly authorized representative. The Chief of Police or his or her duly authorized representative shall remit such fees at least monthly to the City Clerk-Treasurer.

3.   A receipt for the Certificate of Title inspection fee shall be given to the owner paying such fee with a duplicate copy of such form retained by the Attica Police Department.
(Ord. No. 4, 1987, § 2)

c.   DEPOSIT OF FEES. The Attica Police Department Certificate of Title fees shall be deposited by the City Clerk-Treasurer in the Police Training Fund of the City of Attica.
(Ord. No. 4, 1987, § 3)

Sec. 4-12    Building and Construction Fees.

All building and construction permit fees are set forth in Chapter 7 of the Attica City Code.

Sec. 4-13    Planning and Zoning Fees.

All planning and zoning fees are set forth in Chapter 10 of the Attica City Code.

Sec. 4-14    Utility Fees.

All utility fees, including but not limited to water and sewage fees are set forth in Chapter 9 of the Attica City Code.

Sec. 4-15    Late Payment Fee.

There is hereby imposed a late payment fee of twenty-five dollars ($25.00) upon defendants who, in the Attica City Court, fail to timely pay the assessment of court costs, fees, fines or civil penalties in each criminal, infraction or ordinance violation case in which the defendant is ordered to pay such court costs, fees, fines or civil penalties.
(Ord. No. 8, 2001, 8-13-01)

Sec. 4-16 Through See. 4-57 Reserved fear Future Use.⁸

⁸Editor's Note: During the 1999 codification, the 1967 regulations addressing restraint, eating, and drinking establishment regulations formerly set forth at Sec. 7-1, et seq.; and food and vending machine regulations formerly set forth at Sec. 10-1, et seq., were deleted by the City of Attica.

ARTICLE 3. ITINERANT MERCHANTS AND PEDDLERS.⁹

⁹Indiana Code, § 25-37-1-I, et seq., set forth the "Transient Merchant Law of Indiana."

Sec. 4-58    Definitions.

ITINERANT MERCHANT:  The term "Itinerant Merchant" is defined to be any transient person, firm, or corporation, who or which shall engage temporarily in the making and selling, or selling of any kind of goods, wares or merchandise within the city, whether such goods, wares, or merchandise are peddled from house to house, sold upon the streets or other public places, or sold from any room, building, structure, or lot rented or leased for the purpose of transacting such business.

SOLICITOR:  The term "solicitor" is defined to be any person who goes from house to house, or from place to place in the city selling or trading orders for, or offering to sell or to take orders for goods, wares or merchandise, or any article for future delivery, or for the purpose of soliciting membership for any organization union or society of any sort which requires the payment of dues or fees or which names said member liable for future assessments; provided, however, that this Article shall apply only to solicitors who demand, accept or receive payment or a deposit of money in advance of final delivery, and to organizations, unions, or societies other than those classified as purely philanthropic in nature and purpose.
(Municipal Code of Attica, Indiana, 1967, § 13-1)

Sec. 4-59    License Required.

It shall be unlawful for any person to engage in the business of being an itinerant merchant or solicitor, as the same are defined in this Article, until there is compliance with the provisions of this Article.
(Municipal Code of Attica, Indiana, 1967, § 13-2)

Sec. 4-60    Information Required in the Application.

a.   Any person desiring to engage in the business of itinerant merchant or solicitor, as herein defined, within the City of Attica, shall make an application in writing to the Clerk-Treasurer at least seven (7) days before such applicant shall be authorized to begin such business.

b.   Such application shall contain the following for an itinerant merchant:

c.   Such application shall contain the following for a solicitor:

Sec. 4-61    Bond Required for Itinerant Merchant.

a.   ITINERANT MERCHANT:  Such application shall be accompanied by a bond in sum of five hundred dollars ($500.00), executed by a surety company or by two (2) responsible freeholders residing in the City of Attica (or, in lieu of such bond, by depositing the sum of five hundred dollars ($500.00) with the Clerk-Treasurer) conditioned that all goods, wares and merchandise or articles sold by said applicant will be as represented by such applicant and that he or she will refund the purchase price of any goods, wares, merchandise or article sold by him or her which are not as represented. Any person aggrieved by the action of any itinerant merchant shall have the right of action on the bond so furnished for the recovery of money or damages, or both. In the event a cash bond is deposited, the same shall be retained for ninety (90) days after the expiration of such license.

b.   SOLICITOR:  Such application shall be accompanied by bond in the sum of five hundred dollars ($500.00) executed by a surety company or signed by not less than two (2) responsible freeholders residing in the city (or in lieu thereof, a cash bond of like amount) conditioned goods, wares, articles and merchandise ordered in accordance with the terms of such order, or failing therein that the advance payment made on such order shall be refunded; and conditioned in the case of the solicitation for membership by said solicitor, on the evidence of membership and the fulfillment of the advantages, benefits and privileges asserted to be obtainable by the taking of such membership. Any person aggrieved by the action of any solicitor shall have a right of action on the bond so furnished with such deposit being retained for a period of ninety (90) days after the expiration of the time such solicitor is authorized to engage in business.
(Municipal Code of Attica, Indiana, 1967, § 13-4)

Sec. 4-62    Issuance of License to Itinerant Merchant and Solicitors.

a.   ITINERANT MERCHANT:  Upon the filing of such bond and application, and the approval thereof by the Clerk-Treasurer, the Clerk-Treasurer shall, except as otherwise provided in this Article, issue a license to such applicant to begin business not less than seven (7) days after the date of filing such application and bond, upon the payment of the required fee as herein stated.

b.   When a local organization is being represented, no license shall be issued, without written consent of such local sponsoring organization of associations.

c.   SOLICITOR:  The Clerk-Treasurer shall review such application and at the discretion of the Clerk-Treasurer, shall either approve such instrument and issue the license requested, or shall refer said application and bond to the Mayor and the Common Council for consideration and hearing at the next regularly scheduled meeting of the Council. Upon the issuance of the license for which said application and bond were made by the Clerk-Treasurer or the Common Council, the applicant shall pay the Clerk-Treasurer the required fees.

An application and bond must be furnished for each individual requesting a license to solicit and a license must be issued to each individual before they can be allowed to commence soliciting regardless of whether more than one (1) person is representing the same or like firm, organization or association. When a local organization is being represented, no license shall be issued, without written consent of such local sponsoring organization or association. (Municipal Code of Attica, Indiana, 1967, § 13-5)

Sec. 4-63    Fees.

If any such licensee desires to continue in business after the expiration of such license, a new license must be secured in the same manner and upon the same terms as the original license.
(Municipal Code of Attica, Indiana, 1967, § 13-6)

Sec. 4-64    Orders: Form and Procedure.

All orders taken by solicitors within the City of Attica shall be in writing, executed in duplicate and must particularly describe the articles, goods, wares or merchandise to be delivered pursuant to such order, shall state the terms thereof, the amount paid in advance, and one (1) copy of such order shall thereupon be given to the purchaser. (Municipal Code of Attica, Indiana, 1967, § 13-7)

Sec. 4-65    License Fee Exemptions.

Any persons exempted by the laws of this state from the payment of any such licensee fees shall, before beginning the business of an itinerant merchant or the business of a solicitor present to the Clerk-Treasurer his or her credentials showing that he or she is entitled to such exemption. and shall execute and file a bond before he or she shall be entitled to a certificate authorizing him or her t engage in any such business. Such certificate to engage in any such business shall be limited in time not to exceed one (1) month. (Municipal Code of Attica, Indiana, 1967, sC 13-8)

Sec. 4-66    Basis of Non-Issuance of License.

The Clerk-Treasurer of the City of Attica shall not be required to issue any such license or certificate to any person who shall have been convicted of any crime involving moral turpitude, or to any person whose license or certificate has theretofore been revoked by this or any other city or town in the State of Indiana. (Municipal Code of Attica, Indiana, 1967, § 13- 9)

Sec. 4-67    Showing of License Required.

No person to whom a license or certificate has been issued pursuant to the provisions of the Article shall refuse, upon request made, to produce and show such license or certificate to any police officer of the city or to any person to who he or she shall sell or offer for sale any goods, articles, wares or merchandise whether the same be for immediate or for future delivery. (Municipal Code of Attica, Indiana, 1967, § 13-10)

Sec. 4-68    License Exemptions.

The provisions and requirements of this Article shall not apply to persons selling by sample to retailers only, nor to any agricultural article or product offered or exposed for sale by the producer. (Municipal Code of Attica, Indiana, 1967, § 13-11)

Sec. 4-69    Basis of Revocation of License.

Permits and licenses issued under the provisions of this Chapter may be revoked by the Mayor of the City of Attica after notice and hearing, for any of the following reasons and causes:

1.   Fraud, misrepresentation or false statements contained in the application for license.

2.   Fraud, misrepresentation or false statements made in the course of carrying on his or her business as a peddler, solicitor or salesperson.

3.   Conviction of any crime or misdemeanor involving moral turpitude.

4.   Conducting the business of peddling, soliciting in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (Municipal Code of Attica, Indiana, 1967, § 13-12)

Sec. 4-70    Violation and Penalties.

Any person who violates any of the provisions of this Chapter shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 4-71 Through Sec. 4-74 Reserved for Future Use.

ARTICLE 4. LAUNDERETTE AND DRY CLEANING ESTABLISHMENTS.

Sec. 4-75    Definitions.

A launderette and dry cleaning establishment as used in this Article shall be defined as any place, building, structure or room which is used for the purpose of washing, drying, ironing or dry cleaning various types of wearing apparel or household linens and/or other washable fabrics by means of coin operated washers, dryers, dry cleaning units, machines, or other related coin operated devices for use by the general public. (Municipal Code of Attica, Indiana, 1967, § 15-1)

Sec. 4-76    Compliance With Zoning and Code Required.

Any coin operated launderette or dry cleaning establishment must comply with all zoning requirements and in addition comply with the rules and regulations of the Building, Electrical, Plumbing and Safety Codes of the City of Attica. (Municipal Code of Attica, Indiana, 1967, § 15-4)

Sec. 4-77    Competent Part-Time Attendant Required.

A competent part-time attendant shall be in attendance and supervise all activities during hours which the establishment is opened. (Municipal Code of Attica, Indiana, 1967, § 15-6)

Sec. 4-78    Emergency Procedures.

A sign should be posted giving the name of the operator and telephone number to be called in the event of an emergency. (Municipal Code of Attica, Indiana, 1967, § 15-7)

Sec. 4-79    Fire Extinguishers.

Fire extinguishers shall be provided and placed in accordance with the directions of the Chief of the Fire Department. (Municipal Code of Attica, Indiana, 1967, § 15-8)

Sec. 4-80    Grounding of Machinery.

All machines should be adequately grounded. Routine maintenance should include electrical inspections and tests. (Municipal Code of Attica, Indiana, 1967, § 15-9)

Sec. 4-81    Interlocks.

All equipment should have interlocks which will cause the machine to stop operating if doors are opened. (Municipal Code of Attica, Indiana, 1967, § 15-10)

Sec. 4-82    Shut-Off and Relief Devices.

Temperature controlled automatic fuel shut-off and pressure temperature relief devices should be provided. These should be tamper proof. (Municipal Code of Attica, Indiana, 1967, § 15-11)

Sec. 4-83    Thermostatic Controls.

Approved thermostatic controls should be provided and checked regularly. (Municipal Code of Attica, Indiana, 1967, § 15-12)

Sec. 4-84    Lint Collecting Devices.

All parts of lint collecting devices should be cleaned often enough to prevent hazardous accumulations. (Municipal Code of Attica, Indiana, 1967, § 1513)

Sec. 4-85    Ventilation Systems.

Adequate consideration should be given to site selection and method of disposing of vapors, fumes and lint. Disposal equipment should be kept clean and well maintained. (Municipal Code of Attica, Indiana, 1967, § 15-14)

Sec. 4-86    Instructions to Public.

Instructions should be posted stating that machine door should not be opened until completion of cycle, also that in the event of malfunction management should be called before attempting to remove clothes. Adequate forced exhaust should be provided with provisions for sufficient diffusion under unfavorable atmospheric conditions. Flammable solvents should not be used unless the dry cleaning equipment is installed and operated in strict conformance with adopted standard of the Fire Department. (Municipal Code of Attica, Indiana, 1967, § 15-15)

Sec. 4-87    Violations and Penalties.

Any person violating the provisions of this Article shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 4-88 Through Sec. 4-93 Reserved for Future Use.

ARTICLE 5. COMMERCIAL GARBAGE HAULERS.

Sec. 4-94    Definition.

The term "COMMERCIAL GARBAGE HAULER" is defined to mean any person or persons who collect garbage and waste materials from other person or persons and charge a fee for said collection. (Ord. No. 808, 1967, § 1, 7-10-67; Bk. 22, pp. 155-156)

Sec. 4-95    Governing Regulations.¹⁰

¹⁰Editor's Note: During the 1999 codification, the requirements of the landfill or transfer station were added by the City of Attica.

Any commercial garbage hauler is required to haul all waste garbage and materials in a leak-proof and covered bin.

Sec. 4-96    Penalties.

Any commercial garbage hauler, as defined in this Article, violating any of the provisions of this Article, shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.

Sec. 4-97 Through Sec. 4-99 Reserved for Future Use.

ARTICLE 6. TAXICAB REGULATIONS.¹¹

¹¹Indiana Code, § 36-9-2-4, authorizes cities to regulate services offered by persons who hold themselves out for public hire for the use of vehicles and includes the power to fix the price to be charged for that service.

Sec. 4-100    Words and Phrases Defined.

a.   The term "TAXICAB" as herein used shall mean any motor vehicle adapted to the transportation of passengers, the principal operation of which is limited to the corporate limits and suburban areas of the city which is not operated over any fixed route, with the destination of which when transporting a passenger or passengers is determined at the time of such time when the vehicle is held out for public hire.

b.   The term "LICENSEE" as herein used shall mean any person having a proper license in full force and effect. (Municipal Code of Attica Indiana, 1967, §33-1)

Sec. 4-101    License Required.

It shall be unlawful for any person, firm or corporation to drive or operate any automobile taxicab as a carrier of passengers for hire within the corporate limits of the City of Attica without first procuring a license. (Municipal Code of Attica, Indiana, 1967, §33-2)

Sec. 4-102    Application to the Board of Public Works and Safety.

Any person desiring to procure such license shall make application in writing therefor to the Board of Public Works and Safety, which application shall state the following:

a.   Name and address of owners

b.   Business address

c.   Make and year of each vehicle to be used

d.   Style

e.   Motor and serial number of each vehicle to be used.

Said application shall contain additional information as to mileage service and condition of such automobile as may enable the Board to determine whether the same is reasonably safe for its use in such service. (Municipal Code of Attica, Indiana, 1967, § 33-3)

Sec. 4-103    Financial Responsibility-Schedule of Rates and Fares.

a.   Said applicant shall file with the application a schedule of rates and fares to be charged for the transportation of passengers and baggage in the city.

b.   Before the granting of such license, the applicant shall file with the Board proof of financial responsibility to enable the Board to determine whether or not such applicant is financially able to pay and discharge the damages which may be assessed or adjudged against him or her in any amount not exceeding twenty five thousand dollars ($25,000.00) for one (1) person, nor more than one hundred thousand dollars ($100,00.00) for more than one (1) person, who may be injured or killed in any olte (1) accident; and in the amount not exceeding twenty thousand dollars ($20,000.00) for damages to property in any one (1) accident, resulting form the negligent or unlawful use or operation of such taxicab or taxicabs duly licensed by the city.

c.   Such financial responsibility shall be shown by depositing with the Board the certificate of a responsible insurance carrier which has theretofore issued a public liability and property damage policy of insurance upon the taxicab or cabs proposed to be used in such business of said applicant, the date of issuance and the expiration date of such policy or policies, extent of coverage as to public liability and property damage, whether issued for private automobile or for an automobile taxicab, name of insured, and whether the policy or policies include chauffeurs for hire who may drive or operate such taxicab for the insured.

d.   In lieu of the filing of such certificate with the Board, such applicant may file with said Board such insurance policy or policies which may have been issued to him or her covering such loss or damage as herein provided. Such policy or policies shall be kept in full force and effect at all times during the period covered by an license issued under the provisions of this Article. (Municipal Code of Attica, Indiana, 1967, § 33-4)

Sec. 4-104    License Fees.

a.   At the next regular meeting of the Board of Public Works and Safety after the filing of said application, the Board shall hear and consider such application and such proof as may be submitted. It shall make an independent investigation as it determines may be necessary for the protection of the public or in the public interest, and shall grant or refuse to grant the license.

b.   If the same is granted, the applicant shall pay to the Clerk-Treasurer an annual license fee of twenty-five dollars ($25.00) for the privilege of operating one (1) taxicab within the city for one (1) year. For each additional taxicab, the applicant shall pay to the Clerk-Treasurer an additional sum of twenty-five dollars ($25.00). Such license fee shall be payable annually in advance.

c.   The Clerk-Treasurer, upon receipt of such fee, shall issue to such applicant such license or licenses as the Board may direct.

d.   Renewals of such license or licenses may be made from year to year in like manner as in this Chapter required for issuance of the license for which renewal is sought. The Board may refuse to grant the renewal of any license should it deem the interests of the public be best served by its refusal. (Municipal Code of Attica, Indiana, 1967, § 33-5)

Sec. 4-105    Compliance With Laws and the Authority of the Board of Public Works and Safety.

a.   All licensees hereunder shall comply with all ordinances of the City of Attica, and with all laws of the State of Indiana in the use and operation of automobiles and automobile taxicabs on the public streets of the city and the public highways of the state.

b.   Such licensees shall at all times be subject to the reasonable rules and regulations which may hereafter be made or issued by the Board of Public Works and Safety of the city, which rules and regulations shall be enforced by the Police Department. (Municipal Code of Attica, Indiana, 1967, § 33-6)

Sec. 4-106    Procedure for Revocation of License.

a.   The Board of Public Works and Safety may, upon its own motion, or upon complaint of any person or persons, cite and require any holder of a taxicab license to appear before the Board, at such time as the Board may determine to show cause why such license should not be revoked or suspended for failure to comply with any lawful order or command of the Police Department or the rules and regulations of the Board.

b.   The Board shall at the time and place fixed in said citation, proceed summarily to hear and determine the merits of said complaint. It shall make such orders as may be found necessary to remedy the cause of such complaint or may revoke or suspend said license as shall be found necessary to protect the public interest. (Municipal Code of Attica, Indiana, 1967, § 33-7)

Sec. 4-107    Unsafe Cabs.

The Board shall have authority to order any automobile taxicab found to be defective and unsafe for operation upon the public streets and highways of the city to be withdrawn from service in the city. (Municipal Code of Attica, Indiana, 1967, § 33-8)

Sec. 4-108    Unbecoming Conduct of Drivers.

The Board of Public Works and Safety shall have authority to require the holders of all taxicab licenses and the chauffeurs and drivers thereof, to cease and desist from any immoral, indecent, unsafe, or unlawful acts or conduct in which said taxicab drivers, chauffeurs and operators may be or become engaged in by the use of said taxicabs. (Municipal Code of Attica, Indiana, 1967, § 33-9)

Sec. 4-109    Authority to Set Rates.

The Board of Public Works and Safety shall have authority to make reasonable rules and regulations governing the operation of taxicabs on the public streets and highways within the city and to fix and determine reasonable service charges for the transportation of passengers in the operation of the taxicab business. (Municipal Code of Attica, Indiana, 1967, §33-10)

Sec. 4-110    Violations and Penalties.

Anyone violating any of the provisions of this Article shall be subject to the provisions of Sec. 1-17 of this Attica City Code.

Sec. 4-111 Through Sec. 4-119 Reserved for Future Use.

ARTICLE 7. CABLE TELEVISION RULES AND REGULATIONS¹²

¹²Editor's Note: Chapter 34 of the Municipal Code of Attica, Indiana, 1967, was not included during the 1999 codification.

Sec. 4-120    Cable Television-Written Agreement Required¹³

¹³Editor's Note: Rules and regulations may he promulgated by the city consistent with § 626(b) of the Cable Television Consumer Protection and Competition Act of 1992, located at 47 United Slates Code 543, which regulates cable rates.

a.   The City of Attica may enter into written agreements with various companies to provide service to the City.¹⁴

¹⁴Indiana Code, 36-1-3-6. requires an ordinance to exercise such powers.

b.   Such agreements may address the term and renewal procedure of the franchise; use, rental, or lease of property; compliance with applicable laws, indemnification and liability for damages; liability insurance; operational standards; performance bonds; payments to the city; records and reports; rates; discontinuance of service procedures; revocation procedures; assignment of franchise; acceptance of franchise; definitions and other related areas.

c.   Such agreements shall be binding upon the parties only after passage of an appropriate ordinance of the Common Council, with the same being kept on file in the Office of the Clerk-Treasurer. ¹⁵

¹⁵Indiana Code, 36-1-3-6. requires an ordinance to exercise such powers.

Sec. 4-121 Through See. 4-130 Reserved for Future Use.

ARTICLE 8. PARADE, FAIR AND CARNIVAL REGULATIONS.

Sec. 4-131 Through Sec. 4-139 Reserved for Future Use.

ARTICLE 9. MISCELLANEOUS REGULATIONS.¹⁶

¹⁶Indiana Code, § 36- I -3-2. et seq., grant cities and towns all the powers they need for the effective operation of government as to local affairs.

Sec. 4-140    Mutual Aid Agreements¹⁷

¹⁷Indiana Code, § 36-1-3-9. addresses issues dealing with territorial jurisdiction.

Mutual Aid Agreements may be entered into by the City and other political entities upon passage of a proper ordinance.

Sec. 4-141    Chart on Fees, Permits and Licenses.
 

Sec. 4-142 Through Sec. 4-149 Reserved for Future Use.