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Ordinance 1988-2 NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Millersburg, Elkhart County, Indiana: That the Town of Millersburg hereby establishes changes to the Personnel Policies Ordinance 1986-5. Change Section 4.9 to read as follows: 4.9 EDUCATION: Cost of meals and overnight lodging if necessary, will be paid on receipt of all receipts and a signed claim voucher provided to the Clerk-Treasurer. Mileage for the use of a personal car will be paid according to the current salary ordinance. The attendance at the educational class and/or the use of a town vehicle for transportation must be approved by the Town Board of Trustees. If an employee attends a required training session on his day off, he will receive a like amount of hours off. This section includes Elected Officials, Officials Elect, Appointed Officials, and Town Employees. PASSED BY THE TOWN BOARD OF TRUSTEES, MILLERSBURG, INDIANA ON THIS 4th DAY OF JANUARY, 1988 Ordinance 1988-3 Junk Car Ordinance Section 1. Defined. For the purpose of this ordinance “junk car” shall mean any motor vehicle or the remains thereof which do not bear a currently valid license plate, and is not housed in a garage or other building or secured on a trailer that bears a currently valid license plate. Section 2. Nuisance declared. Junk cars are hereby declared to be nuisances except in lawfully operated junk yards or yards lawfully operated for vehicles awaiting permission for junking from the state bureau of motor vehicles or lots utilized by new or used car dealers at their legally recognized places of business. Section 3. Order to remove Any member of the police department may order any junk car removed within ten (10) days following such order. Section 4. Notice of order to remove. A notice of the order to remove a junk car shall be placed upon said junk car and a copy thereof shall be served upon any adult occupying the real estate on which the junk car is located and upon the owner of the junk car if he can be found; provided, however, a notice affixed to any building on the real estate shall constitute notice to the owner or occupant of the real esate and to the owner of the junk car. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate. Section 5. Removal by town; expenses. If a junk car is not removed within the time fixed in the notice served pursuant to the ordinance, then the police department may cause it to be removed and disposed of at the expense of the owner of the real estate upon which said junk car is located or at the expense of the owner of said motor vehicle which persons shall be jointly and severally liable for such expense and which expense shall be and constitute a lein upon said junk car and second upon the real estate from which said junk car is removed. A record shall be maintained by the police department of said junk cars and the manner in which the same are removed and disposed of which record shall include a statement of expenses so incurred and a statement of the proceeds received for such junk car, if any. The proceeds from such junk car, if any, shall be used to defray such expenses and if there be any surplus the same shall be paid to the owner of said junk car. PASSED BY THE TOWN BOARD OF TRUSTEES, MILLERSBURG, INDIANA ON THIS 7th DAY OF MARCH, 1988 Ordinance 1988-4 AN ORDINANCE TO AMEND COUNTY CODE 36-7-4-600 KNOWN AS THE COMPREHENSIVE PLAN OF ZONING FOR ELKHART COUNTY, INDIANA BY REZONING THE AREA OF REAL ESTATE HEREINAFTER DESCRIBED FROM R-1 to R-2 WHEREAS, Manassas Weirich submitted an application to rezone real estate hereinafter described from R-1 to R-2, and after proper legal notice a public hearing was held as provided by Law, and the Plan Commission did find that all elements of the Law have been met and did on the 14th day of April, 1988 recommend a zone change from R-1 to R-2 and filed their recommendation for adoption of this Ordinance with the Board of Trustees of the Town of Millersburg of Elkhart County, Indiana. BE IT THEREFORE ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLERSBURG OF ELKHART COUNTY, INDIANA THAT: Legal Description: Lots 4115E and #159 of Millers 4th Extension in the Town of Millersburg, Clinton Township Be rezoned from R-1 to R-2 effective immediately, and the zone maps dated August 30, 1382 and made a part of Article II, Section 2 of the Master Plan of Zoning for Elkhart County, Indiana as amended are hereby ordered amended and changed to reflect the said rezoning of said real estate. ADOPTED BY THE BOARD OF TRUSTEE OF THE TOWN MILLERSBURG OF ELKHART COUNTY, INDIANA THIS 2nd day of May, 1988 Ordinance 1988-5 BE IT ORDAINED by the Board of Trustees of the Town of Millersburg: Section 1. The following described real estate is hereby annexed to and incorporated into the Town of Millersburg, Elkhart County, Indiana, to—wit:
Section 2. The Clerk/Treasurer is directed to post a copy of this Ordinance in a public place of each of the three wards and in a public place on the real estate described above and to furnish a certified copy of the same to the Auditor of Elkhart County, The Board of Commissioners of Elkhart County and the Elkhart County Plan Commission. Section 3. This Ordinance shall be in full force and effect immediately upon its adoption. Adopted this 6th day of June, 1988 Ordinance 1988-6 ORDINANCE GRANTING FRANCHISE TO NEW PARIS TELEPHONE S QUALITY CABLEVISION, INC., ITS SUCCESSORS AND ASSIGNS TO OWN, OPERATE, AND MAINTAIN A COMMUNITY TELEVISION SYSTEM IN THE TOWN OF MILLERSBURG, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE AND PROVIDING FOR REGULATIONS AND USE OF SAID SYSTEM BY SAID TOWN BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLERSBURG, INDIANA AS FOLLOWS: Section 1. Short Title This Ordinance shall be known and may be cited as the “New Paris Telephone’s Quality Cablevision, Inc. Cable Television Franchise Ordinance.” Section 2. Definitions For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Section 3. Qualifications of Company and Grant of Authority The Town hereby finds that the Company possesses the necessary legal, technical, character, financial and other qualifications and that the Company’s construction arrangements are adequate and feasible. The Town hereby grants to the Company a non—exclusive Franchise, right and privilege to construct, erect, operate, modify and. maintain, in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Town, such poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Town of a Cable Television System for the purposes of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purposes herein set forth. The right so granted also includes the right to install and maintain a parabolic antenna on the water tower owned by the Section 4. Franchise Term. The Franchise granted the Company pursuant to this Ordinance shall terminate fifteen years from the date of this Ordinance subject to renewal for periods of reasonable duration on such terms and conditions as may be lawfully specified by the Board of Trustees of the Town of Millersburg. The Franchise shall also terminate in the event of non-compliance with any provision of this Franchise by the Company, which non-compliance continues for an unreasonable time after written demand for corrective action is received by the Company from the Town. The Company’s application for Franchise renewal shall be granted provided: (1) Company shows that its cable television (“CATV”) service during the preceding Franchise period has reflected a good—faith effort to serve the needs and interests of its service area, and (2) Company has not demonstrated a callous disregard of the law and all pertinent regulations. Section 5. Payments to the Town The Company shall, during each year of operation under this Franchise, pay to the Town as a Franchise fee a sum equal to 3% of its recurring monthly billings to customers who are serviced by reason of this Franchise. The 3% fee shall not apply to non-recurring billings by the Company, such as installation fees and material charges to customers. The Company shall pay this fee to the Town semi-annually on or before each August 15 for the preceding January 1 through June 30 and each February 15 for the preceding July 1 through December 31, during the term of this Franchise. Section 6. Records and Reports The Company shall keep full, true, accurate and current books of account, which books and records shall be made available for inspection and copying by a duly authorized Town official at all reasonable times. Section 7. Liability and Indemnification. The Company, by its acceptance of this Franchise, expressly agrees that it will indemnify, hold harmless and defend the Town against any and all claims, demands and lawsuits against the Town arising out of the Company’s activities and business. The Town shall notify the Company’s representative within fifteen (15) days after the presentation of any claim or demand to the Town, either by suit or otherwise, made against the Town on account of any negligence or contract as aforesaid on the part of the Company. The Company further agrees as follows:
Section 8. System Construction, Maintenance and Procedures
Section 9. Compliance with Standards. All facilities and equipment of Company shall be constructed and maintained in accordance with the requirements and specifications of the National Electrical Safety Code. Section 10. Company Rules and Regulations The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduit of its business as shall be reasonably necessary to enable the Company to exercise its right and perform its obligation under this Franchise, and to assure an uninterrupted service to each and all of its customers. Provided, however, that such rules, regulations, terms and conditions may not be in conflict with the provisions hereof or of any federal, state or local laws or regulations. Section 11. Approval of Transfer. The Company shall not sell or transfer its system to another, nor transfer any rights under this Franchise to another without written approval by the Town, provided that such approval shall not be unreasonably withheld if the vendee, assignee or lessee has filed with the appropriate official of the Town an instrument duly executed, reciting the fact of such sale assignment or lease, accepting the terms of this Franchise and agreeing to perform all conditions thereof. Section 12. Compliance with Federal Communication Commission (“FCC”) Rules and Regulations. The Company shall, at all times, comply with the rules and regulations governing CATV operations promulgated by the FCC, and with all pertinent federal, state and local laws and regulations. This shall include adherence by the Company to FCC rules regarding technical and engineering specifications involved in the construction of the CATV system and signal carriage therein. Section 13. Separability. If any section, subsection, sentence, clause, phrase or portion of this Franchise is for any reason 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 hereof. Section 14. Franchises Repealed. All Franchises or parts thereof in conflict with the provisions of this Franchise are hereby repealed. Section 15. This Ordinance shall take effect from the date it shall have been adopted by the Board of Trustees of the town of Millersburg, Indiana and shall become effective as otherwise provided by law. This Ordinance was adopted by the Board of Trustees of the Town of Millersburg, Indiana, on the 5th day of July, 1988 Ordinance 1988-7 Be It Ordained by the Board of Trustees of the Town of Millersburg: Section 1 PURPOSE: The purpose of this ordinance is to provide for the safety, health and public welfare of the citizens and residents of the Town through structural strength and stability, means of egress, adequate sanitation, plumbing, lighting and ventilation, conservation of energy in buildings, and protection of life and property from fire and hazard incident to the design, construction and alteration of buildings in the Town. In the administration of this ordinance and any other ordinances incident to it, the office of the Building Commissioner shall coordinate its activities with the Plan Commission at all times to prevent unnecessary overlapping, duplication and waste in the administrative processes. “Building Commissioner” as used in this section refers to the County Building Commissioner, who is designated to administer this ordinance on behalf of the Town. Section 2 STRUCTURES: Construction and remodeling of single-family and multi-family residences, buildings to which the public has access, and accessory buildings and all other structures including tanks, signs, transmission towers, water towers and gas tanks above or below ground, shall conform with this section and all ordinances adopted for those purposes by the Board. Section 3 STATE CODES: The following rules, regulations and codes are hereby incorporated by reference in this section as the rules and regulations governing the construction and alterations of buildings and structures in the County. Two (2) copies of these items are on file in the offices of the County Auditor and the Clerk-Treasurer of the Town and are available for public inspection.
Section 4 OTHER CODES: For those areas of regulation not specifically covered by and not in conflict with the State codes adopted in subsection (c) of this section, the 1975 edition of the Building Officials and Code Administrators International, inc. (commonly known as BOCA) Basic Building Code, as the same may from tine to time be amended, is hereby re-adopted for use and enforcement in the Town. Section 5 ADMINISTRATION: The Board of Trustees hereby designates the Building Commissioner of Elkhart County as the Building Commissioner of the Town of Millersburg. The Building Commissioner shall administer all Town ordinances or codes governing the construction, repair, alteration or extension of building, heating, ventilation, air conditioning, electrical and plumbing construction, except when other persons or bodies are given the specific authority to enforce them. Section 6 ENFORCEMENT: The Building Commissioner shall enforce all Town ordinances or codes adopted by the Town for the regulation of construction, repair, alteration or extension of building, heating, ventilation, air conditioning, electrical and plumbing construction.
Section 7 EMPLOYMENT: For the purpose of carrying out the provisions of this ordinance, The Building Commissioner may use the additional personnel provided by the County Building Department as the County may permit, including personnel supplied to the County pursuant to contractual arrangements made by the County. Section 8 PERMITS: A building permit is a license to perform construction in accordance with all requirements of this section. No person shall construct, extend or alter any building before submitting a written application to the office of the Building Commissioner. No permit is required for any outside or inside painting if the building is altered or extended. No person shall extend, repair or alter any building or portion of a building, fireplaces or chimneys of any existing building, plumbing, electrical work, heating work, ventilation work or air conditioning work before the application to do so is approved by the Building Commissioner and a permit is issued by him or her for the proposed work. Normal maintenance or repairs which do not affect electric, plumbing, heating, ventilation, air conditioning or structural stability are specifically exempted from this portion of the section. Before issuing any permit, the Building Commissioner may require the applicant to file a set of detailed plans and specifications, a copy of which may be retained in the office of the Building Commissioner. No building permit shall be issued until all necessary sanitation, sewer, and septic tank permits are issued by the County Board of Health. Any changes from those approved plans or specifications shall be made only after a revised copy of them has been submitted to and approved by the Building Commissioner. Building permits shall be valid for three (3) years after the date of issuance and shall be null and void if the construction, alteration or extension has not begun during that period. All applications for new building permits issued by the Building Department shall state the Code Number assigned by the County Auditor to that parcel of real estate. Building permits may be issued to owners of land adjacent to subdivision streets which have not been opened or constructed in accordance with Specifications. Section 9 FEES: The Building Fee Schedule as adopted by County Ordinance and as amended from time to time is hereby adopted as the Building Fees for the Town of Millersburg. Section 10 APPEALS: Appeal procedures are provided in the specified codes which are enumerated in subsection (c) of this section. Where an appeal process is not specifically provided as in subsection (c), any decision of the Building Commissioner made in enforcement of this section may be appealed to the Board of Trustees by any person claiming to be adversely affected by that decision, and shall be processed under all laws, rules and regulations applicable to that Board. In addition, any person, partnership, association or corporation aggrieved by a decision of the Board of Trustees as a result of appealing to that Board shall have the right of appeal as in other civil actions if they give fifteen (15) days written notice of intent to do so to the Board by certified United States mail. The notice shall concisely state the grievance. It is specifically provided that failure to appeal to the Board and exhaust other remedies shall work as a bar to the right to appeal the decision of the Building Commissioner to the State courts. Any appeal to the Board must be taken no later than eleven (11) days following the posting of the stop work order. Section 11 PENALTY PROVISIONS: Beginning eleven (11) days after the stop work order is posted, including the day of posting as one of the eleven (11) days, any person who violates any provision of this section and not having begun the appeal process shall be deemed guilty of an ordinance violation and, upon conviction, may be fined not less than Ten Dollars ($10.00) and no more than Fifty Dollars ($50.00) for that day and for each day thereafter that the violation remains unabated. If the Board of Trustees or any other body to whom an appeal is processed finds on appeal that the ruling of the Building Commissioner is correct, the penalties set out in this subsection accrue immediately irrespective of the number of days since the posting of the stop work order. Unless the Board or any other body determines that the stop work order was improperly posted, the order shall remain in full force and effect. The Building Department may institute suit for injunction in the County Circuit Court to restrain an individual from violating the provisions of this section or any rules and regulations established pursuant to the terms of this section. The Building Department may also institute a suit for mandatory injunction directing an individual to remove a structure erected in violation of the provisions of this section. Adopted this 3rd day of October, 1988 |