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Ordinance 1994-2
Adopted this 4th Day of April, 1994
Ordinance 1994-4 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 (NE 1/4) of Section 3, Township 35 North, Range 7 East, Benton Township, and being more particularly described as follows, to-wit: BEGINNING at the Southeast Corner of Lot Numbered 14 as said Lot is known and designated on the Recorded flat of TIMBER VALLEY ESTATES (said Plat being recorded in the Office of the Recorder of Elkhart County, Indiana); thence running South 0 degrees 23 minutes 13 seconds West, a distance of 50.00 feet to the Northeast Corner of Lot Numbered 34 as shown on said Recorded Flat of TIMBER VALLEY ESTATES; thence running North 89 degrees 35 minutes 11 seconds West along the North line of said Lot Number 34, a distance of 90.00 feet to the Northwest Corner of said Lot Numbered 34; thence running South 0 degrees 23 minutes 13 seconds West along the West line of said Lot Numbered 34, a distance of 125.00 feet to the Southwest Corner of said Lot Numbered 34 (also being a point on the North line of Lot Numbered 33 as shown on said Recorded Flat); thence running North 89 degrees 35 minutes 11 seconds West along the North line of said Lot Numbered 33 and the North line of Lot Numbered 32 as shown on said Recorded Flat, a distance of 221.25 feet to the Northwest Corner of said Lot Numbered 32; thence running South 01 degree 07 minutes 11 seconds West along the West line of said Lot Numbered 31 and the West line of Lot Numbered 30 as shown on said Recorded Flat, a distance of 434.72 feet to the Southwest Corner of said Lot Numbered 30; thence running North 89 degrees 53 minutes 22 seconds West, a distance of 340.05 feet; thence running North 01 degree 07 minutes 11 seconds East, a distance of 731.54 feet; thence running South 89 degrees 35 minutes 11 seconds East, a distance of 547.50 feet to the Northwest Corner of Lot Numbered 14 as shown on aforementioned Recorded Flat; thence running South 0 degrees 23 minutes 13 seconds West along the West line of said Lot Numbered 14, a distance of 120.00 feet to the Southwest Corner of said Lot Numbered 14; thence running South 89 degrees 35 minutes 11 seconds East along the South line of said Lot Numbered 14, a distance of 100.00 feet to the aforementioned POINT OF BEGINNING. The above-described tract calculated to contain 7.264 acres, more or less. SECTION 2. The Clerk/Treasurer is directed to post a copy of this ordinance at a public place of each of the three wards and in a public place on the real estate described 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 16th day of May 1994 Ordinance 1994-8 Sewer rate ordinance - superceded Ordinance 1994-9
Adopted this 19th Day of September, 1994 Ordinance 1994-12 Whereas, The Town Council of the Town of Millersburg. Indiana wishes to adopt an ordinance allowing money to be disbursed for lawful purposes gives approval to the Clerk-Treasurer to make claim payments in advance of board allowance for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions. Each payment of expenses under this section must be supported by a fully itemized claim. The Town Council having jurisdiction over the allowance of the claim shall review and allow the claim at its next regular or special meeting. Dated this 19th day of September, 1994. Ordinance 1994-13 WHEREAS, the Clerk—Treasurer wishes to maintain a petty-cash account for the purpose of making change for customers, it is hereby approved by the Millersburg Town Council that $25.00 be taken from the General Fund. $25.00 from the water fund and $25.00 from the sewer fund to establish the following funds: A. $50.00 will be put into a cash change fund which will be used strictly for making change for customers, and; B. $25.00 will be put into a petty-cash fund for making disbursements such as: postage, etc. to be reimbursed periodically by the clerk-treasurer with the appropriate fund. ADOPTED THIS 19th DAY OF September, 1994. Resolution 1994-14 EVEN AS the water meters are used by both utilities. it is the desire of the Millersburg Town Council of the Town of Millersburg, IN to have the cost of the meters be paid 100% out of Sewer Funds until such time as the water department is in better financial condition. At which time the cost of the meters will be an equal split between the water and sewer departments. ADOPTED THIS 3rd DAY OF October, 1994. Ordinance 1994-17 BE IT ORDAINED by the Town Council of the Town of Millersburg that the water and sanitary sewer lines installed by the developer in the recorded subdivision of Timber Valley Estates, Phase I, have been inspected by the Millersburg Water and Sewer Utility and are approved and accepted as part of the water and sewer systems of the Town of Millersburg. BE IT FURTHER ORDAINED that. a street known as Brooke Lane in the recorded subdivision of Timber Valley Estates, Phase II, installed by the developer has been inspected by the Street Department of the Town of Millersburg, and the water and sanitary sewer lines in said recorded subdivision of Timber Valley Estates, Phase II have been inspected by the Millersburg Water and Sewer Utility and are approved and accepted as part of the streets and as part of the water and sewer systems of the Town of Millersburg. Adopted this 3rd day of October, 1994 Ordinance 1994-19 AN ORDINANCE TO AMEND THE RATES CHARGED CASUAL USERS OF THE MILLERSBURG SEWER UTILITY BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, INDIANA: That Section 3 of Ordinance No. 1977-7 which established rates and charges for the sewage system of the Town of Millersburg and Ordinance No. 1994-8 which added a paragraph to said Section 3 of Ordinance No. 1977-7, Is amended to read as follows: Casual User (as defined in Ordinance No. 1992-2) shall be charged $3.20 per 100 gallons of waste water discharged into the system with the same surcharges for excess strength discharged as specified in Section 5 of Ordinance No. 1977-7 and with a minimum charge of $31.65 for each delivery of waste water to the waste water treatment plant. BE IT FURTHER ORDAINED by the Town Council that a public hearing shall be held on the 29th day of December, 1994, after notice is published according to law, and said ordinance shall be acted upon at the first regular meeting following the public hearing and the rate as established shall become effective with the first delivery of waste water to the sewage disposal plant following the adoption of the ordinance. The Clerk-Treasurer is directed to publish the proper legal notice as provided by law. Adopted this 17th day of January, 1995 Ordinance 1994-20 AN ORDINANCE TO REGULATE WATER UTILITY PATRONS DURING WINTER FREEZES BE IT ORDAINED by the Town Council of the Town of Millersburg, that: WHEREAS, the water mains on some streets in Millersburg are less than four (4) feet below the surface of the street and adjoining land and are subject to freezing; and, WHEREAS, the Town Council has determined that water patrons should be required to let water run during extreme cold weather when the water pipes are subject to freezing and should not be charged for either sewer or water usuage for aiding in the prevention of freezing; Section 1 That the Water Superintendent, upon determining that the temperature is below the point where the water lines may freeze, shall issue a freeze warning, and shall notify the media to disseminate the warning by all appropriate means, and shall make a reasonable effort to notify affected patrons that freezing may occur. Section 2 That upon the issuance of a freeze warning, patrons shall let water rim in their homes at a rate recommended by the Water Superintendent. Usage of excess of the average usage for the preceding three months for both water and sewer shall be deducted from the patron’s bill. Section 3 Any patron whose water service freezes shall not be responsible for thawing the service from the main to the curb atop if no freeze warning was given. If, after a freeze t’ is given, the service line freezes between the main and the curb stop, the patron shall pay for thawing the line. If water utility personnel assist in the thawing, the patron shall pay the water utility the sum of $25.00 for each hour or fraction thereof spent in thawing the line. Section 4 In all cases where the water service line freezes between the curb stop and the meter, thawing will be the responsibility of the patron. Water Utility personnel may assist in the thawing if available and the patron will be charged $25.00 an hour or any fraction there, which shall be paid to the water utility. Section 5 All charges for thawing shall be added to the next billing for water and sewer charges. Section 6 A copy of this ordinance will be sent to all water patrons with the first billing following adoption. Adopted this 5th day of December, 1994 Ordinance 1994-21 AN ORDINANCE PROVIDING FOR THE REMOVAL OF WEEDS AND RANK VEGETATION BE IT ORDAINED by the Town Council of the Town of Millersburg, Indiana, that: Section 1. The owners of real estate located within the corporate limits of the Town of Millersburg, Indiana shall remove weeds and other rank vegetation growing on their property. Section 2. For the purpose of this ordinance, “weeds and other rank vegetation” shall be defined as any plant which exceeds six inches in height other than flowers, shrubbery, garden vegetables, agricultural crops or trees. Section 3. Upon discovering a parcel of real estate on which weeds or other rank vegetation is growing, the Clerk—Treasurer shall notify in writing the owner or his agent upon which the weeds and rank vegetation are growing to cause such weeds and rank vegetation to be cut or destroyed within five (5) days of the service of the notice. For the purpose of this ordinance, an agent includes renters, lessees, land contract purchasers, managers and real estate brokers with whom a parcel is listed for sale, and service of notice shall be adequate if served upon any person occupying the premises, any representative of a broker with whom the property is listed for sale, or mailed to the record title holder at the address where tax statements are sent, such notice sent by first class mail. Section 4. Should any owner who has been notified pursuant to Section 3 herein fail, neglect or refuse to cause such weeds and rank vegetation to be cut and removed within five days after notice has been delivered or mailed, the Clerk- Treasurer shall direct the appropriate town employee of the Town to cut and remove such weeds and other vegetation. After the weeds and other rank vegetation are cut or removed, the Clerk-Treasurer shall issue a bill to the owner or the agent of the owner as defined in Section 2 for $50.00 or the actual cost of the removal, whichever is greater. The Clerk-Treasurer shall keep a record of the billing and collect the same as it does other charges of the Town. The billing shall carry a notice that it is due 15 days after the date of the billing. Section 5. If the bill is not paid within 60 days, the Clerk-Treasurer shall record such obligation as a lien upon the real estate upon proper notification to the County Auditor and shall certify to the County Auditor the amount of the bill plus any additional administrative costs incurred in certification or recording. The County Auditor shall place the amount certified on the tax duplicate for the affected parcel and the total amount including any accrued interest shall be collected as delinquent taxes and shall be distributed to the General Fund of the Town of Millersburg as provided by Indiana Code 36-7-10.1-4. Section 6. In the event that a person receiving notification of violation of this ordinance believes that the vegetation growing on the property does not constitute a violation of the ordinance, such person nay request a hearing before the Town Council, which hearing shall be held within 15 days of the request, which shall be in writing and delivered to the Clerk-Treasurer’s Office. The Town Council shall enter a finding that the person notified is the owner or agent of the owner of the real estate, and whether the vegetation growing thereon is in violation of the ordinance. Such written notice shall be delivered within the time specified for the removal of the vegetation and if so delivered, the vegetation shall not be removed pending the hearing. Section 7. At the hearing before the Town Council, the person requesting the hearing may be represented by counsel, shall have the right to cross-examine the persons alleging the violation, to testify on their own behalf, and to bring in witnesses to testify for them and to obtain, prior to the hearing, the evidence that the Town will present to establish the violation. If the Town Council determines that the vegetation growing on the parcel is “weeds and rank vegetation” as defined in Section 2, the owner or his agent shall have five days from the date of the hearing to remove t offending vegetation, and should the owner or agent fail, neglect or refuse to do so, the steps set out in Section 4 shall be followed. Section 8. This ordinance shall be in full force and effect from and after its publication as required by law. ADOPTED by the Town Council of the Town of Millersburg this 5th day of November, 1994 Resolution 1994-102 At a meeting held on the 1st day of December, 1994, with 3 members present, on motion duly made and seconded, the following resolution was adopted: WHEREAS, Tobias B. Yoder owns approximately 61 acres located in the Northeast Quarter of Section 34, Township 36 North, Range 7 East adjacent to and bordering on the north boundary line of the Town of Millersburg; and WHEREAS, the land is located close to a water main and sewage lines; and WHEREAS, the Town of Millersburg is in need of land to develop for industrial and commercial purposes; and WHEREAS, Tobias B. Yoder has indicated to members of the Economic Development Commission that he would be willing to enter into a contract to sell said tract for development for industrial and commercial purposes; NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE TOWN OF MILLERSBURG that the Town Council enter into a contract for the purchase of said land owned by Tobias B. Yoder in the Northeast Quarter of Section 34, Township 36 North, Range 7 East, Clinton Township, Elkhart County, State of Indiana. BE IT FURTHER RESOLVED that the contract provide for the sale of said land in three-acre tracts at an agreed price for the next five (5) years at $3,000.00 per acre, and that the contract be renewable at the option of the Town for an additional five (5) year period with the price per acre to be negotiable, and that the Economic Development Commission prepare a development plan for the land and recommend to the Town Council a plan for financing such economic development. BE IT FURTHER RESOLVED that the Town Council immediately enters into a contract with Tobias B. Yoder incorporating the terms outlined herein. Adopted at a public meeting called for the purpose of considering this proposal on the 1st day of December, 1994 As so noted on 6 June 1994, the Legal Description of Millersburg Industrial Park, Millersburg, Indiana. The Millersburg Industrial Park consists of the following described real estate located in Elkhart County, State of Indiana: Beginning at an iron pin in the concrete pavement of County Road 40, where the same intersects State Road 13 and marking the Northeast corner of the Northeast quarter of Section 43, Township 36, Range 7 East; thence south along the east boundary one hundred ninety four feet (194.00’) for the place of beginning of this description; thence South eighty nine degrees fifty eight minutes (89°58’0”) West, a distance of one thousand three hundred four and eighty nine hundredths feet (1304.89’) parallel to the northern boundary; thence South two degrees thirty seven minutes (2°37’0”) West, a distance of six hundred forty four and eighty nine hundredths feet (644.89’); thence North eighty nine degrees twenty six minutes (89°26’00”) West, a distance of one thousand two hundred seventy eight and seventy one hundredths feet (1278.71’) to the West boundary of said Northeast Quarter; thence South along West boundary a distance of eight hundred four and sixty two hundredths feet (804.62’); thence South eighty nine degrees twenty three minutes (89°23’00”) East parallel with the South line of said Northeast Quarter, a distance of two thousand three hundred thirty one and thirty four hundredths feet (2331.34’); thence North parallel to East boundary of said Northeast quarter, a distance of nine hundred twenty four and ninety hundredths feet (924.90’); thence East parallel to Northern boundary of said Northeast Quarter, a distance of three hundred thirty seven feet (337.00’) to the East boundary [ coordinate referred to as point “A” In drawing herein] ; thence North along East boundary or said Northeast Quarter, a distance of five hundred ten and twenty five hundredths feet (510.25’) to the point of beginning of this description. Containing sixty two acres, more or less, and subject to all easements, restrictions and public rights of way recorded prior and the covenants therewith governing this real estate. BE IT RESOLVED by the Town Council of the Town of Millersburg, Elkhart County, Indiana that the Town enter into a contract as recommended by the Economic Development Commission for the purchase of land Owned by Tobias B. Yoder located in the Northeast Quarter of Section 34, Township 36 North, Range 7 East, Clinton Township, Elkhart County, Indiana; BE IT FURTHER RESOLVED, that the contract provide for the purchase of land at the rate of $3,000.00 per acre and that the Economic Development Commission prepare a plan for the development of said land to qualify for the use of whatever funds may be available from development funds and grants from the County and/or state. BE IT FURTHER RESOLVED that any contract entered into be subject to available financing, either through a tax levy authorized by law or by the issuance of economic development bonds as permitted by statute. BE IT FURTHER RESOLVED that the Town Attorney draft a contract for the purchase of the land described above with terms as set out in the Resolution of the Economic Development Commission and this resolution. Adopted this 5th day of December, 1994 |