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1990 Ordinances

Ordinance 1990-1


Whereas, It has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget; now, therefore:


Section 1
: Be it ordained by the Town Council of the Town of Millersburg, Indiana, Elkhart County, that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named and for the purposes specified, subject to laws governing the same:

Line
Fund
Requested
Approved
101-126
Prescriptions
$500.00
$500.00
L.E.C.E.
$246.00
$246.00
     Total:
$746.00
$746.00

 

Adopted this 5th Day of March, 1990
 

Ordinance 1990-2

An Ordinance of the Town of Millersburg authorizing the issuance of waterworks revenue bonds for the purpose of providing funds to pay the cost of certain additions, extensions and improvements to the municipal waterworks of said Town, providing for the safeguarding of the interests of the owners of said bonds, other matters connected therewith, including the issuance of notes in anticipation of bonds, and repealing ordinances inconsistent herewith

WHEREAS, the Town of Millersburg (the “Town”) now owns and operates an unencumbered municipal waterworks in accordance with the provisions of Title 8, Article 1.5 of the Indiana Code, and acts amendatory thereof and supplemental thereto (the “Act”), furnishing the public water supply to said Town and its inhabitants; and

WHEREAS, the Town Council now finds that the waterworks of the Town is in need of certain additions, extensions and improvements (the “Project”), the estimated cost of which, based on bids received, is in the amount of One Million Twenty-three Thousand Two Hundred Twenty-eight Dollars ($1,023,228); and

WHEREAS, the Town Council now finds that project costs in the amount of $73,228 have been paid previously and that it does not have sufficient funds available to pay the remaining costs of said Project and that it will be necessary to obtain such funds by the issuance and sale of waterworks revenue bonds in the estimated amount of Nine Hundred

Fifty Thousand Dollars ($950,000) payable out of the revenues of said waterworks and if necessary, bond anticipation notes (the “BANs”), and

WHEREAS, the Town has heretofore issued certain Water Utility Refunding and Improvement Bonds dated August 1, 1961 (the “1961 Bonds”), pursuant to an ordinance adopted January 24, 1961, which bonds are now outstanding in the principal amount of $6,000, bearing interest at the rate of 5% per annum, maturing annually on March 1 over a period ending March 1, 1991, and which 1961 Bonds constitute a first charge against 57% of the gross revenues of the waterworks; and

WHEREAS, the Town Council finds that there are sufficient funds to defease the now outstanding 1961 Bonds and that sufficient funds will be set aside in an Escrow Account to meet the principal of and interest on said 1961 Bonds when said payments become due in order to economically defense the 1961 Bond and that accordingly, the additional revenue bonds to be issued hereunder shall be technically junior and subordinate to the now outstanding 1961 Bonds; and

WHEREAS, the Town desires to authorize the issuance of BANs hereunder, if necessary, payable solely from the proceeds of waterworks revenue bonds issued to finance the aforementioned cost of the Project, and to authorize the refunding of said BANS, if issued; and

WHEREAS, all conditions precedent to the adoption of an ordinance authorizing the issuance of said bonds and BANs have been complied with in accordance with the provisions of the Act; now therefore,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, IN:

Section 1. Issuance of Bonds and BANs.

(a) That the Town, being the owner of and engaged in operating a municipal waterworks furnishing the public water supply to said Town and its inhabitants, now proceed with the Project, the cost of which shall not exceed $1,023,228 plus investment earnings on the BANs and bond proceeds without further authorization from the Town Council, and the financing thereof by the issuance of revenue bonds pursuant to and in the manner prescribed by the Act, which revenue bonds shall be payable solely out of the hereinafter defined Net Revenues of the waterworks, including all extensions thereof and additions and improvements thereto subsequently constructed or acquired and which bonds shall be technically junior and subordinate to the now outstanding 1961 Bonds.

(b) That the Project shall be constructed and installed in accordance with the plans and specifications heretofore prepared by Commonwealth Engineers, Inc., consulting engineers of Greenwood, Indiana, employed by said Town, which plans and specifications are hereby approved and which plans are by reference made a part of this ordinance as fully as if the same were attached hereto and incorporated herein and two copies of which are now on file in the office of the Clerk-Treasurer and are open for public inspection.

(c) The Town shall issue, if necessary, its BANs for the purpose of procuring interim financing to apply on the cost of said Project. The Town shall issue its BANs in an amount not to exceed Nine Hundred Fifty Thousand Dollars ($950,000) to be designated “Waterworks Bond Anticipation Notes.” Said BANs shall be numbered consecutively from 1 upward, shall be in multiples of $1,000, shall be dated as of the date of delivery thereof, and shall bear interest at a rate not to exceed 9% per annum (the exact rate or rates to be determined through negotiations with a financial institution or the Indiana Bond Bank) payable upon maturity. The BANs will mature one year from their date of delivery. The BANs are subject to renewal or extension at an interest rate or rates not to exceed 9% per annum (the exact rate or rates to be negotiated with a financial institution or the Indiana Bond Bank). The term of the BANs and all renewal BANs may not exceed five years from the date of delivery of the initial BANs. The BANs shall be registered in the name of the purchasers thereof.

The BANs shall be issued pursuant to IC 5-1-14-5 if sold to a financial institution or pursuant to IC 5-1.5-8-6.1 if sold to the Indiana fond Bank. The principal of and interest on the BANs shall be payable solely from the issuance of revenue bonds pursuant to and in the manner prescribed by the Act. The revenue bonds will be payable solely out of and constitute a first charge against the hereinafter defined Net Revenues of the waterworks, including the works heretofore constructed and all additions and improvements thereto and replacements thereof presently or subsequently constructed or acquired, technically subject to the outstanding 1961 Bonds.

(d) The Town shall issue its bonds, designated “Waterworks Revenue Bonds of 19___ “, to be completed with the year in which the bonds are issued, in the principal amount of NINE HUNDRED FIFTY THOUSAND DOLLARS ($950,000) for the purpose of procuring funds to apply on the costs of said Project, issuance costs and refunding the BANs, if issued.

Said bonds shall be sold at a price not less than 97.5% of the par value thereof, shall be issued in the denomination of One Thousand Dollars ($1,000) each or integral multiples thereof, numbered consecutively from 1 upward, dated as of the first day of the month in which they are sold or the date of delivery if sold to the Indiana Bond Bank and shall bear interest at a rate or rates not to exceed 7.5% per annum for bonds maturing January 1, 1992 through January 1, 1996; 8.0% per annum for bonds maturing January 1, 1997 through January 1, 2001; 8.5% per annum for bonds maturing January 1, 2002 through January 1, 2006; and 996 per annum for bonds maturing January 1, 2007 through January 1, 2011 (the exact rate or rates to be determined by bidding or through negotiation with the Indiana Bond Bank) payable semiannually on January 1 and July 1, beginning on January 1, 1991.

The BANs are prepayable by the Town, in whole or in part, at any time upon seven days’ notice to the owner of the BANs without any premium. The bonds of this issue maturing on or after January 1, 2002 are redeemable, at the option of the Town on January 1, 2001, or any interest payment date thereafter, on thirty days’ notice, in whole or in part, In inverse order of maturity and by lot within a maturity, at face value, together with the following premiums

3% if redeemed on January 1, 2001 or July 1, 2001;

2% f redeemed on January 1, 2002 or July 1, 2002;

1% if redeemed on January 1, 2003 or July 1, 2003;

0% if redeemed on January 1, 2004, or thereafter prior to maturity;

plus in each case accrued interest to the date fixed for redemption.

Notice of such redemption shall be mailed to the address of the registered owner as shown on the registration record of the Town not less than thirty (30) days prior to the date fixed for redemption unless such redemption notice is waived by the owner of the bond or bonds redeemed. The notice shall specify the date and place of redemption and the dates of maturity of the bonds called for redemption. The place of redemption may be determined by the Town. Interest on the bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named. The bonds shall mature serially on January 1 in the years and amounts as follows:

Year 
Amount
1992
$23,000
1993
$24,000
1994
$26,000
1995
$28,000
1996
$30,000
1997
$32,000
1998
$34,000
1999
$37,000
2000
$39,000
2001
$42,000
2002
$45,000
2003
$48,000
2004
$52,000
2005
$56,000
2006
$60,000
2007
$64,000
2008
$69,000
2009
$75,000
2010
$80,000
2011
$86,000

Section 2. Registrar and Paying Agent.   The Clerk-Treasurer is hereby authorized to contract with a qualified institution to serve as Registrar and Paying Agent for the bonds (“Registrar” or “Paying Agent”). Said Registrar is hereby charged with the responsibility of authenticating the bonds. The Clerk-Treasurer is hereby authorized to enter into such agreements or understandings with the Registrar on the date of issuance of the bonds, or at any later date until all the bonds mature or are redeemed, as will enable the institution to perform the services required of a registrar and paying agent. The Clerk-Treasurer is further authorized to pay such fees as the Registrar may charge for the services it provides as Registrar and Paying Agent and such fees may be paid from the Bond and Interest Redemption Account continued in Section 9 hereof to pay the principal of and interest on the bonds and fiscal agency charges, and after the 1961 Bonds are retired, from the Waterworks Sinking Fund created in Section 10 hereof.

As to the BANs and the bonds, if sold to the Indiana Bond Bank, the Clerk-Treasurer -.dill be designated the Registrar and Paying Agent and will be charged with the performance of all of the duties and responsibilities of Registrar and Paying Agent.

The principal of the bonds shall be payable at the principal office of the Paying Agent. All payments of interest on the bonds shall be paid by check, mailed to the registered owners thereof at the addresses as they appear on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by such registered owner. All payments on the bonds shall be made in any coin or currency of the United States of America, which on the, date of such payment, shall be legal tender for the payment of public and private debt

Each bond shall be transferable or exchangeable only upon the books of the Town kept for that purpose at the principal office of the Registrar by the registered owner thereof in person, or by his attorney duly authorized in writing, upon surrender of such bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner, or his attorney duly authorized in writing, and thereupon a new fully registered bond or bonds in an authorized aggregate principal amount and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the registered owner, as the case may be, in exchange therefore. The costs of such transfer or exchange shall be borne by the Town. The Town, Registrar and Paying Agent for the bonds may treat and consider the person in whose name such bonds are registered as the absolute owner thereof for all purposes including the purpose of receiving payment of, or on account of, the principal thereof and interest due thereon.

Interest on such bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date of the bonds unless the bonds are authenticated after the fifteenth day of the month preceding an interest payment date and on or before such interest payment date in which ease they shall bear interest from such interest payment date, or unless the bonds are authenticated on or before December 15, 1990, in which case they shall bear interest from the dated date of the bonds until the principal shall be fully paid.

Section 3. Execution Each of said bonds and BANS shall be executed in the name of the Town by the manual or facsimile signature of the President, attested by the manual or facsimile signature of its Clerk-Treasurer and the seal of the Town shall be affixed, imprinted or impressed to or on each of said bonds and BANs manually, by facsimile or any other means; and said officials, by the t of a Signature and No Litigation Certificate, shall adopt as and for their own roper signatures the facsimile signatures appearing on said bonds and BANS.  In case any officer whose signature or facsimile signature appears on the bonds or BANs shall to be such officer before the delivery of the bonds or BANs, the signature of such officer shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. The bonds shall also be authenticated by the manual signature of an authorized representative of the Registrar and no bond shall be valid or become obligatory tot’ an purpose until the certificate of authentication thereon has been so executed

Said bonds and BANs shall have all of the qualities and Incidents of negotiable instruments under the laws of the State of Indiana, subject to the provisions for registration herein.

Section 4. Form of Bonds. The form and tenor of said bonds shall be substantially as follows, all blanks to be filled in properly prior to delivery thereof: (See Clerk-Treasurer for example)

IN WITNESS WHEREOF, the Town of Millersburg, in Elkhart County, Indiana, has caused this bond to be executed in its corporate name by the manual or facsimile signature of its President, its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its Clerk-Treasurer.

Ordinance 1990-4

An ordinance providing for the definition of junk car or abandoned car and providing for notification and removal of junk cars or abandoned cars from public and private property.

Be It Resolved by the Town Council of the Town of Millersburg:

Section 1. That for the purpose of this ordinance, a junk car shall mean any motor vehicle or the remains thereof which does not bear a current 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. That for the purpose of this ordinance, abandoned car shall mean:

(a) A vehicle located on the streets or other public property illegally;
(b) A vehicle left on the streets or other public property continuously without being moved for three (3) days;
(c) A vehicle located on private property in such a manner as to constitute a hazard or obstruction to the movement of pedestrians or vehicle traffic on a public right-of-way;
(d) A vehicle that has remained on private property without the consent of the owner, or person in control, of that property, for more than forty-eight (48) hours;
(e) A vehicle from which there has been removed the engine, transmission, or differential or that is otherwise dismantled or inoperable and left on public property;
(f) A vehicle that has been removed by a towing service or a public agency upon request of the town marshal or deputy marshal enforcing a statute or ordinance other than I.C. 9-9-1-1 or this ordinance, if the vehicle once impounded is not claimed or redeemed by the owner or his agent within fifteen (15) days of its removal; or
(g) A vehicle that is six (6) or more model years old and mechanically non-operable, and is left on private property continuously in a location visible from public property for more than thirty (30) days.

Section 3. Junk cars as defined in Section 1 and abandoned cars as defined in Section 2(e) and (g) are hereby declared to be nuisances except in lawfully operated junkyards or automobile scrap yards.

Section 4. The town marshal or deputy marshal may order a vehicle constituting a nuisance as defined in Section 3 removed to a lawfully operated junkyard at owner’s expense, if reclaimed within fifteen (15) days, or at the town’s expense if sold or disposed of.

Section 5. If, in the opinion of the town marshal or deputy marshal, the junk car or abandoned car has a value of less than One Hundred Dollars ($100.00), he shall immediately dispose of the vehicle to an automobile scrap yard. If the value of the junk car or abandoned car is more than One Hundred Dollars ($100.00), the town marshal or his deputy, within seventy two (72) hours, shall notify the Bureau of Motor Vehicles by delivering an abandoned vehicle report. If the owner or any lien holder does not reclaim the vehicle within fifteen (15) days after the date of mailing, and the Bureau does not dispose of the vehicle pursuant to I.C. 9-9-1.1-6, the Town shall sell the vehicle or the parts thereof to the highest bidder at a public sale after one week’s notice published in a newspaper of general circulation in the County. The proceeds of the sale shall be used to defray the expenses of sale and the balance, if any, paid to the owner, if known, or deposited in the junk car fund or training fund maintained by the Town.

Section 6. This ordinance shall be effective after publication as required by law.

Adopted this 6th day of June, 1990

Ordinance 1990-5


Whereas, It has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget; now, therefore:


Section 1
: Be it ordained by the Town Council of the Town of Millersburg, Indiana, Elkhart County, that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named and for the purposes specified, subject to laws governing the same:

Line
Fund
Requested
Approved
Cable TV
$1,254.50
$1,254.50
L.E.C.E.
$67.27
$67.27
     Total:
$1,321.77
$1,321.77

 

Adopted this 2nd Day of July, 1990

Ordinance 1990-6

And Ordinance Establishing One-way Alleys and Providing a Penalty for Violation.

Be It Ordained by the Town Council of the Town of Millersburg:

Section 1: That the portion of the North and South alley lying between Monroe and Sherman Streets and running from Main Street to the alley South of Main Street (commonly known as the Post Office Alley) shall be a one-way alley South from Main Street to Washington Street.

Section 2: That the portion of the East-west alley lying between Main and Washington Streets and running from Sherman Street to the alley East of Sherman Street (the Post Office Alley) shall be a one-way alley west from the Post Office Alley to Sherman Street.

Section 3: That the Marshal is directed to secure appropriate signs, conforming to State standards as to size, designating said alley as One-Way and prohibiting entry from Sherman Street, from the alley South of Main Street and from Washington Street, and to erect the same pursuant to State standards.

Section 4: That for each violation the town shall be entitled to a judgment of up to Fifty Dollars ($50.00) together with court costs, and if a defendant fails to satisfy a judgment entered against him for a violation, the Clerk of the Court shall certify the unpaid judgment to the Bureau of Motor Vehicles.

Section 5: That this Ordinance shall be effective upon publication and posting as provided by law and upon erection of the traffic signs as provided herein.

Adopted this 2nd day of July, 1990.

 

Ordinance 1990-7

BE IT ORDAINED by the Town Council 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:

A part of the Northeast Quarter of Section 34, Township 36 North, Range 7 East, Elkhart County, Indiana, more particularly described as follows:

Commencing at an iron pin in the old concrete pavement marking the Southeast corner of said Northeast Quarter; thence North 89 degrees 23 minutes 00 seconds West (Recorded Bearing) along the South line of aforesaid Northeast Quarter a distance of 1362.11 feet to a rebar marking the Southwest corner of a 17.50 acre parcel of land conveyed to the Mi Park and Recreation Board, Recorded in Elkhart County Deed Record 88 008996, and the point of beginning of this description; thence continuing North 89 degrees 23 minutes 00 seconds West along the South line of said Northeast Quarter a distance of 1260.61 feet to a stone marking the Southwest corner of said Northeast quarter; thence North 00 degrees 45 minutes 16 seconds East along the West line of said Northeast quarter a distance of 1010.85 feet to a rebar; thence South 89 degrees 23 minutes 00 seconds East parallel with the South line of said Northeast quarter a distance of 1260.34 feet to a rebar; thence South 00 degrees 44 minutes 20 seconds West along the West line and the extension of the West line of aforesaid 17.50 acre parcel a distance of 1010.85 feet to the point of beginning of this description.

ALSO:

Commencing at a P.K. nail marking the Southeast corner of said. Northeast quarter: thence North 89 degrees 23 minutes West 1362.11 feet along the South line of said Northeast quarter to an iron stake; thence North 00 degrees, 44 minutes East 743.27 feet to an iron stake at the point of beginning of this description; thence North 00 degrees 44 minutes East 267.58 feet to an iron stake; thence South 89 degrees 23 minutes East 1025.6 feet to an iron stake; thence South 00 degrees 44 minutes west 267.58 feet to an iron stake: thence North 89 degrees 23 minutes West 1025.6 feet to the point of beginning containing 6.30 acres.

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 describe 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 2nd day of July, 1990

Ordinance 1990-8

AN ORDINANCE DEFINING THE CONSTRUCTION AND SCOPE PROHIBITING CERTAIN ACTS AND ACTIVITIES RELATING TO USES IN THE PARKS, REGULATING AND RESTRICTING VEHICLE TRAFFIC, PROTECTING PLANTS AND SHRUBS. PROVIDING FOR PENALTIES, REPEALING ALL ORDINANCES IN CONFLICT AND FOR AN EFFECTIVE DATE.

WHEREAS, by law, the Millersburg Park and Recreation Department may in the future adopt certain rules and regulations prohibiting certain acts and conduct within the property of the Town of Millersburg under jurisdiction of said Millersburg Park and Recreation Department:

WHEREAS, pursuant to Indiana Code Sections 36-1-3-1 et. seq. the Town Council of the Town of Millersburg is empowered to pass local ordinances and provide for the imposition of a fine for the violation thereof;

WHEREAS, the Millersburg Park and Recreation Department has requested that the Town Council of the Town of Millersburg adopt an ordinance consistent with the Park Department rules and regulations which ordinance would impose a fine and/or other punishment or penalties for the violation thereof;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Millersburg:

ARTICLE I

Section 1. Possession or Use of Alcoholic Beverages Prohibited.

It shall be unlawful for any person to bring into any park or use, consume, sell, give away or have in his possession any alcoholic beverage.

Section 2. Possession of Firearms and Weapons Prohibited

It shall be unlawful for any person to bring into any park or have in his possession any weapons, missile propelling devices, ammunition, fireworks; or other explosive devices. Further, it shall be unlawful for any person to bring into any park, or have in his possession any firearms unless licensed, permitted and authorized by the appropriate police department having jurisdiction over said individual and/or park to carry or possess such firearm,

Section 3. Inflicting injury to Wildlife and Vegetation Prohibited

(a) It shall be unlawful for any person to kill, wound, hunt, trap, shoot, throw rocks or missiles at, chase molest or remove squirrels nest or remove the young of any such animal, or the eggs. or young of any such reptile or bird or knowingly buy, receive, have in his possession, sell or give away any such animal, reptile, bird, or egg so killed or taken with in any park boundary Notwithstanding the above, the Park Hoard reserves the right to grant its express written permission to allow the hunting or trapping of certain species under restricted conditions to protect against species over-population.
(b) It shall be unlawful for any person to harvest, remove, cut. break, disturb, set fire to or otherwise damage any vegetation or other growing things within the boundaries of any park.

The word “vegetation” includes but is not limited to any plant, flower, flowerbed, shrub, tree growth or any branch, stem, fruit, or leaf thereof. No person shall attach a rope, tether, cable or other contrivance to any such vegetation. Notwithstanding the above, the ripe fruit and seeds of plants and trees may be collected from the ground.

Section 4. Causing Damage to Signs. Shelters, and other Structures Prohibited

It shall be unlawful for any person to deface, remove, set fire to, tamper with, damage or destroy any artificial structures within the park boundaries or use any such structure for purposes other than that for which it was intended. Artificial structures include but are not limited to any drive, walk, bridge wall, monument statue, sign building, tower, parking lot, post, gate, recreational equipment, etc. No person shall displace or carry away any asphalt, curb, rock, stone, gravel, sand or make any excavation of any kind within the boundaries of any park.

Section 5. Camping Prohibited

It shall be unlawful for any person to pitch or maintain a tent or other improvised shelter or otherwise camp within any park boundary without the express written permission of the Park Board, which permission must be conspicuously posted at the campsite.

Section 6. Commercial Sales, Solicitations, and Commercial Photograph Prohibited

It shall be unlawful for any person to sell or solicit, advertise, photograph or promote for sale any commercial product or commercial event within the boundaries or any park without the express written permission of the Park Board which permission must then be conspicuously posted at the side of such activity.

Section 7. Disorderly Behavior Prohibited

It shall be unlawful for any person within any park boundary to:

(a) Disobey any order of the police officer or park employee designated by the Park Board to give orders; or disobey or disregard the notices, prohibitions, instructions, or directions on any park sign.. This includes the rules, regulations of playground areas, recreation centers, shelter houses, museums and zoological or botanical buildings which rules are posted on the grounds or buildings or structures connected with or used for any purpose under the jurisdiction, control, operation or supervision of the Park Board.
(b) Use threatening, abusive or insulting language.
(c) Do, engage in, aid or abet any obscene or indecent act.
(d) Solicit alms, subscriptions or contributions for any purpose without the express written permission of the Park Board.
(e) Molest or annoy other persons or otherwise interfere with their lawful use of park facilities.
(f) Interfere with, encumber, obstruct or render dangerous any part of the park street.
(g) Climb or lie upon any wall, fence or shelter.
(h) Engage in, instigate or encourage a contention or fight.

Section 8.  Other Prohibited Activity

No person shall engage in any conduct or activities dangerous to themselves or others or use the facilities and structures of the park for purposes other than those for which they were intended. Activities specifically prohibited under this section include, but are not limited to hang gliding, rappelling from towers, and any other use of the trees towers, or other structures for technical climbing activities.

Section 9. Speed Limited to Maximum of Fifteen (15) Miles per Hour; Traffic Control

(a) The maximum speed of any vehicle operated within the park boundaries is limited to fifteen (15) miles per hour. It shall be unlawful for any person to operate a vehicle in excess of this speed limit.
(b) No person shall cause or permit any vehicle within his use or control to obstruct traffic and shall not stop such vehicle, except at those places specifically designed or designated as parking areas.

Section 10. Vehicle Use Restriction

(a) No vehicle shall be operated within the park boundaries except upon the roadway or within any area expressly designed for vehicular traffic. Snowmobiles, minibikes, and persons on horseback are restricted to those areas specifically designated for their use.
(b) The parking of vehicles in any park area not designated or designed for parking use is prohibited.
(c)  No vehicles shall enter or leave any park except at established entranceways or exits, and except at established times.

Section 11. Vehicles to be Removed Before Park Closing.

No vehicles shall be left within the park boundaries after the park .has closed. Any vehicle so left on the park premises may be towed from the park without further notice to the owner or operator.

The registered owner shall be responsible for any towing fee so incurred. The hours the park is open and the closing time shall be posted at the entrance to the park or prominently displayed in the park.

Section 12. Pets must be on a Six (6) Foot Leash

Dogs and other pets may be brought into the parks providing that they are continuously restrained by a leash, not exceeding six feet (6’) in length. No person owning or having control of any such animal shall cause or permit the animal to run at large within the park boundaries.

Section 13. Fire is Restricted to Proper Containers

No person shall kindle, build, maintain or use a fire except in fireplaces provided for that purpose or under special written permit. Any fire shall be continuously under the care and direction of a competent per son over eighteen (18) years of age from the time it is kindled until it is extinguished. No fire shall be built within ten (10) feet of any tree or building or beneath the branches of any tree or in any underbrush. No person shall throw away or discard a lighted match, cigar or cigarette within the park boundaries.

Article II

Section 1. Construction and Scope of Ordinance

Construction: In the interpretation of this Ordinance affecting parks, its provisions shall be construed as follows:

(1) any term in the singular shall include the plural;
(2) any term in the masculine shall include the feminine and neuter;
(3) any requirements or provisions of this Ordinance relating to any act shall respectively extend to and include the causing, procuring, aiding, or abetting directly or indirectly of such act; or the permitting or the allowing of any minor in the custody of an adult, doing any act prohibited by any provision hereof;
(4) no provisions hereof shall make unlawful any act necessarily performed by officers or employees of the Millersburg Park and Recreation Department in line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement with the Board;
(5) any act other-wise prohibited by this Ordinance, provided it is not otherwise prohibited by law or local ordinance, shall be lawful if perform ed under, by virtue of, and strictly in compliance with, the provisions of permit and to the ex-tent authorized thereby;
(6) this Ordinance is in addition to and supplemental to all municipal, state and federal laws and ordinances.

Territorial Scope; This Ordinance shall be effective within and upon all areas under the jurisdiction of the Park Board, and shall regulate the use thereof by all persons.

Section 2. Definitions

(a) The word “park” shall include the land and water constituting all other parks and other recreation areas within the jurisdiction and control of the Millersburg Park and Recreation Department.
 (b) The phrase “Park Board” refers to the Millersburg Park and Recreation Department.

Section 3. Penalties

Any violation of any of the provisions of this Ordinance shall be punishable by a fine of not more than One Thousand Dollars ($1,000).

Section 4. Enforcement

For purpose of enforcing the provisions and regulations of this Ordinances, the Millersburg Police Department will be vested with the power to issue notices of violation of this Ordinance. Such notices shall be pre pared and issued in accordance with Indiana Code Sections 34-4-32-1 et. seq. and 9-7-7-4.

Section 5. Repeal of Conflicting Ordinances

Any ordinances or parts thereof, heretofore, adapted affecting the parks under the jurisdiction of the Millersburg Park and Recreation Department, inconsistent with or in conflict with the provisions of this Ordinance, insofar as some are inconsistent with or in conflict with the Ordinance are repealed but insofar as practicable and possible, the provisions hereof shall be deemed supplemental to existing ordinances or parts there of, not in conflict therewith.

Section 6. Severability and Savings Clause

Each article, section, clause and part of the Ordinance shall be deemed severable from all others and if any provision of this Ordinance is held invalid, such invalidity shall not affect the validity of any other provision part or portion of this Ordinance, but the remaining portions shall remain in full force and effect.

Section 7. Effective Date

This Ordinance shall be effective upon publication as required by law.

Adopted and approved this 2nd of July 1990.

ORDINANCE 1990-9

WHEREAS, IT HAS BEEN DETERMINED BY AN ADDITIONAL APPROPRIATION HEARING HELD JULY 24, 1990 BY THE STATE BOARD OF TAX COMMISSIONERS THAT THE CABLE TV FUND MONIES WERE APPROPRIATED FOR PROMOTION OF THE TOWN OF MILLERSBURG.

WHEREAS, THE TOWN COUNCIL OF MILLERSBURG DETERMINES TO SPEND THE APPROPRIATED MONEY AS FOLLOWS:

1. $250.00 to the Millersburg Chamber of Commerce for fireworks for Farmers Day 1990;

2. $250.00 to the Millersburg Chamber of Commerce for christmas decorations; and

3. The salary for the proposed School Crossing Guard.

ADOPTED THIS 6th DAY OF AUGUST, 1990.

Ordinance 1990-10

ORDINANCE VACATING PUBLIC WAY IN TOWN OF MILLERSBURG, ELKHART COUNTY, INDIANA

A Petition having heretofore been filed with the Town Council of Millersburg, of Elkhart County, Indiana on the 2nd day of July, 1990, requesting the vacation of a certain public way within the Town of Millersburg, Elkhart County, Indiana, and more particularly described therein, said Petition being in the words and figures following: (11.1.); and the public hearing before the Elkhart County Plan Commission and before the Town Council of Millersburg having been scheduled as to said Petition, with the Elkhart County Plan Commission hearing having been held on the 9th day of August, 1990; and written consent by all owners of land that abuts the public way to be vacated, and formal legal publication notice as to said hearing having been published in THE GOSHEN NEWS on the 21st. day of July, 1990, advising all necessary parties of the time, place, and date of said hearing, said legal notice having been published, being in the words and figures following, to-wit: (H.I.); and the Town Council of Millersburg, Elkhart County, Indiana, pursuant to applicable Indiana law, having received a recommendation from the Elkhart County Plan Commission, and having conducted the public hearing on said Petition on the date set forth in said Notice, and being duly advised in the premises, now finds as follows:

1. The Petition heretofore filed is in proper order, and that the proper legal notices of the two (2) public hearings conducted with regard to said Petition have been rendered.
2. The public way sought to be vacated is not necessary to the growth of the Town of Millersburg or for the growth of any governmental unit contiguous to such public way.
3. The vacation of the public way sought would not make access to the lands of any property owners within the Town of Millersburg, by means of public way impossible.
4. The vacation sought would not eliminate the public’s access to a church, school or other public building or place.

NOW THEREFORE, Be It Ordered, Ordained, Adjudged and Decreed by the Town Council of the Town of Millersburg, Indiana as follows:

1. That said Petition is hereby, in all respects, approved and confirmed, and the request therein made to vacate a public way is hereby granted.
2. That the following described public way situate in the Town of Millersburg, Elkhart County, Indiana is hereby vacated, said public way being described as follows:
In 14 1/2 SE 1/4 Sec. 12, T36N R7E
A 16.5 Alley running North & South between Elm Street and Walnut Street in Miller’s 1st. Extension, said Alley is between Lots 72 & 73 and between Lots 76 .& 77.
3. That title in fee simple to the above vacated property shall be transferred to the adjoining property owners, extending the boundaries of the adjoining parcels of real estate, by parallel lines, to the centerline of the public way herein vacated.
4. That these proceedings shall not deprive any public utility of the use of all or part of the public way herein granted if at the time these proceedings are instituted the utility is occupying or using all or part of that public way for the location and operation of its facilities.

Dated this 27th day of August, 1990

Ordinance 1990-13


Whereas, It has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget; now, therefore:


Section 1
: Be it ordained by the Town Council of the Town of Millersburg, Indiana, Elkhart County, that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named and for the purposes specified, subject to laws governing the same:

Line
Fund
Requested
Approved
Cable TV
$376.00
$376.00
L.E.C.E.
$93.00
$93.00
     Total:
$469.00
$469.00

 

Adopted this 3rd Day of December, 1990

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