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Ordinance 1987-2 BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLERSBURG: That Whereas the intersection of the North-south one-way alley running from Main Street to Washington Street between Jefferson and Clinton Streets (herein called the “North-South Alley”) and the East-West alley running from Jefferson Street to Clinton Street between Main and Washington Streets (herein called the “East-West Alley”) presents a hazard because of traffic to the bank located south and west of said intersection; and whereas a traffic study conducted by the Marshal shows that additional traffic control would be advisable; and Whereas a three-way stop for all traffic is the most appropriate traffic control; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLERSBURG: 1. That the intersection is designated a three-way stop and that south bound traffic on the North-South alley stop before entering the intersection and that east-west bound traffic on the East-West alley stop before entering the intersection. 2. That stop signs conforming to state traffic regulations as to size and shape be erected at said intersection to regulate traffic in accordance with Section 1. 3. That as an emergency exists, this ordinance be in effect after passage and posting as required by law. Adopted this 6th day of July, 1987. Ordinance 1987-3
Section 2. WHEREAS, it has been shown that certain existing appropriations now have unbigoted balances which will not be needed for the purposes for which appropriated, it is further ordained that the following existing appropriations be reduced in the following amounts:
Adopted this 3rd Day of August, 1987 Ordinance 1987-4 ORDINANCE VACATING PUBLIC WAYS IN THE TOWN OF MILLERSBURG, INDIANA A Petition having heretofore been filed with the Board of Trustees of the Town of Millersburg, Indiana, on the 18th day of May, 1987 requesting the vacation of certain public ways within the corporate limits of the Town of Millersburg, and more particularly described therein, said Petition being in the words and figures following, to-wit: (H.I.): and the public hearing before the Elkhart County Plan Commission and the public hearing before the Board of the Town of Millersburg, Indiana, having been scheduled as to said Petition, with the hearing before the Elkhart County Plan Commission having been held on the 5th day of 1987 and Formal legal notice, by certified mail, return receipt requested, having been mailed to each owner of land that abuts the public ways to he vacated, and for mal legal publication of notice as to said hearings having been published in the Goshen News on the 29th day of June, 1987, and in the Elkhart Truth on the 29th day of June, 1987, advising all necessary parties of the time, place, and date of said hearings, said legal notice having been. so mailed, and having been so published, being in the words and figures following, to-wit: (H.I.); and the Board of Trustees of the Town of Millersburg, Indiana, having received a recommendation and/or report from the Elkhart County Plan Commission and having conducted a public hearing on said Petition on tile date set forth issued Notice, and being duly advised in the premises, now finds as follows:
NOW THEREFORE, be it ordained by the Board of Trustees of the Town of Millersburg as follows:
Dated this 3rd day of August, 1987 Ordinance 1987-5 AN ORDINANCE TO AMEND ORDINANCE 1982-4 KNOWN AS THE MASTER PLAN OF ZONING FOR THE TOWN OF MILLERSBURG, INDIANA BY AUTHORIZING A PLANNED UNIT DEVELOPMENT FOR THE AREA OF REAL ESTATE HEREINAFTER DESCRIBED. WHEREAS John R. Larimer submitted an application for a as Aloha Village and after proper as provided by Law, and after proper legal notice a hearing was held as provided by law, and the Plan Commission did on the 9th day of July, 1987 find that the elements of the law have been complied with for approval of a Planned Unit Development and filed their recommendation for adoption of this ordinance with the Town Board of Millersburg, and WHEREAS, the Elkhart County Plan Commission submitted said development plan together with its report and recommendation and, WHEREAS, said report and recommendations indicate that the appropriate use of the property adjacent to the area included in the plan will be fully safeguarded and the plan is consistent with the intent of the Master Plan for the Town of Millersburg to promote Health, Safety and General Welfare. BE IT THEREFORE ORDAINED BY THE TOWN BOARD OF MILLERSBURG, INDIANA THAT: Legal Description Lots 31-32-33 in the Plat of Roger’s Heights Addition to the Town of Millersburg, Indiana, ALSO, A part of the Southeast Quarter of Section 34, Township 36 North, Range 7 East, in Elkhart County, Indiana, and more particularly described as follows:
Section 1 That the request by John R. Larimer for approval of a Planned Unit Development known as Aloha Village be granted for the above described real estate in accordance with the plan as attached and made a part of this Ordinance by reference thereto. Section 2 That authorization of this Planned Unit Development be effective immediately and the zone maps dated October 30, 1959 and made a part of Article II Section 2 of the Master Plan of Zoning for Town of Millersburg, Indiana be amended and ordered amended and changed to reflect the said Planned Unit Development authorization of said real estate. Section 3 That no change be made in the approved plan during construction of the Planned Unit Development except as follows:
Section 4 That no new curb cuts are authorized by this Planned Unit Development. Section 5 That all parking in this development must conform to the requirements of the Master Plan of Zoning. Section 6 That if no construction has begun on the facilities to be developed as part of the Planned Unit Development, or in the absence of plan for construction of such improvements, if the use of aforedescribed real estate herein set forth has not been established within 2 years from the date of the approval represented by this ordinance, the Planned Unit Development, and the approval herein stated, shall lapse, and be of no further force or effect. If the plan lapses under the conditions of this section, the zoning applicable to the aforesaid property prior to the date of this approval of the Planned Unit Development may, at the discretion of the Town Board of Millersburg, Indiana, be reinstated through formal proceedings; provided, however, that the Elkhart County Plan Commission, in its sole discretion, for good cause shown, may extend for an additional period of time the commencement of construction or the establishment of the use necessary to avoid the lapse of the Planned Unit Development. To extend the effective time period within which construction or the establishment of the use must commence, the Elkhart County Plan Commission must consider such extension at one of its formal, public meetings, and must in writing submit written confirmation of any extension it might grant to the Town Board of Millersburg, Indiana, for entry in the formal minutes of said Board the procedure herein set forth for extending the time period within which the construction for use establishment must commence may be followed by the Elkhart County Plan Commission a maximum of two (2) times from and after the date of this Ordinance. Section 7 Prior to the issuance of an Improvement Location and/or Building Permit, a copy of this Ordinance shall be recorded in the Office of the Recorder of Elkhart County, Indiana, by the owners of land described herein. Section 8 In the event any covenant, restriction or section of this ordinance or any portion thereof is declared invalid or void, such invalidity shall in no way affect any other covenant, restriction or section. Section 9 This ordinance shall be in full force and effect from and after its passage and approval according to law. Adopted this 3rd day of August, 1987 |