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Ordinance 1995-1 BE IT ORDAINED by the Town Council of the Town of Millersburg: Section 3. The following described real estate is hereby annexed to and incorporated into the Town of Millersburg, Elkhart County, Indiana to-wit: Part of the southwest Quarter of Section 35 Township 36 North, Range 7 East, more particularly described as follows: Commencing at an iron at the Northwest corner of said Southwest Quarter; thence due South along the West line of said quarter section and the centerline of State Road 13 a distance of 59S.09 feet to a railroad spike at the point of beginning of this description; thence continuing due South along said line a distance of 163.57 feet to the North corporate limits line of the Town of Millers— burg; thence North 89 degrees 33 minutes 06 seconds East along the North line of a tract of land described in a deed recorded as Instrument No 91-002885 and the North town limits line of the Town of Millersburg as established in Ordinance No. 1989-6 a distance of 169.25 feet to an iron capped Doriot No. 890028; thence North 01 degree 30 minutes 20 seconds East a distance of 159.29 feet to an iron capped Doriot No. 890028; thence North 89 degrees 00 minutes 28 seconds West a distance of 173.46 feet to an iron capped Doriot No. 890028 to the place of beginning. Section 2. The Clerk/Treasurer is directed to publish this ordinance as required by law 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 60 days following the date of the last publication. Dated this 17th day of January 1995. Ordinance 1995-2
Adopted this 6th Day of March, 1995 Ordinance 1995-4 WHEREAS, IC 36-9-15.5 allows municipalities to establish and continue a Cumulative Capital Development Fund, and WHEREAS, the Town Council of the Town of Millersburg, Elkhart County, Indiana, as the legislative body thereof, has published formal notice and conducted a public hearing as to the re-establishment of the Cumulative Capital Development Fund for the Town of Millersburg, arid WHEREAS, said public hearing, which afforded the opportunity for public input and comment, was held at 4:00 o’clock p.m. on the 3rd day of April, 1995, and WHEREAS, the notice as publi3hed relative to said public hearing presented a plan that described the tax levy that will be imposed for the Fund, the length of time during which the Town of Millersburg would plan to impose a property tax under IC 36-9-15.5 and the use the Town plans to make to the taxes so raised, should the Fund be re-established, and should such Fund and said taxes be approved by the Indiana State Board of Tax Commissioners, as also contemplated by statute; NOW, THEREFORE BE IT ORDAINED by the Town Council of the Town of Millersburg as follows: SECTION 1. That there is hereby re-established the Millersburg Cumulative Capital Development Fund. SECTION 2. That an ad valorum property tax levy will be imposed and the revenues from the levy will be retained in the Millersburg Capital Development Fund. SECTION 3. That the maximum rate of levy under SECTION 2 will not exceed $0.15 per $100 Assessed valuation. SECTION 4. That the Millersburg Cumulative C Development Fund is re-established for the years 1995, 1996 and 1997 SECTION 5. That the funds accumulated in the Millersburg Capital Development Fund will be used for making repairs and additions to the Town Hall and other buildings owned by the Town; making repairs and resurfacing the streets and alleys of the Town and establishing and improving sidewalks; and developing and improving the parks, especially landscaping and needed structures at Cook Station Park, all as described in IC 36-9-16-2, IC 36-9-16 IC 36-9-17, IC 36-10-3-21 and IC 36-10-4-36. SECTION 6. Notwithstanding SECTION 5, the funds accumulated in the Millersburg Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in SECTION 5 if the purpose is to protect the public health, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Town Council President issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund. SECTION 7 This fund takes effect upon approval by the state board of tax commissioners. Ordinance 1995-5 AN ORDINANCE TO AMEND ORDINANCE No. 1985-4 TITLED AN ORDINANCE ESTABLISHING ALL RULES AR REGULATIONS FOR THE CONTROL AND OFFERING OF CABLEVISION SERVICES TO MILLERSBURG, INDIANA BE IT ORDAINED by the Town Council of Millersburg: WHEREAS, problems have arisen when contractors and others are excavating in the Town of Millersburg and cutting or interfering with buried cable television lines; and WHEREAS, in Ordinance No. 1985-4, Section 15-A, the Town reserved the right to adopt additional requirements it finds necessary to provide adequate protection for the patrons, the cable television franchisee, the Town of Millersburg and third-party contractors and employees; and WHEREAS, the Town Council has determined that the location of unmarked underground cables need to be identified because of the possibility that they can be damaged in excavations and service to the citizens of Millersburg be interrupted; and WHEREAS, the Town Council has further determined that registering with the Indiana Underground Plant Protection Service, sometimes referred to as “ Holey Moley” or marking the location of buried cables by logos identifying the ownership and a telephone number to call;
Adopted this 1st day of May, 1995 Ordinance 1995-8 AN ORDINANCE TO ESTABLISH A PARK AND RECREATION FUND BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG: Section 1. There is created a Park and Recreation Fund. Section 2. All funds coming from taxes levied by the Town of Millersburg and appropriated by the Town Council, other than funds designated for the non-reverting capital improvement fund, shall be placed in the fund and paid out on claims allowed by the Town Council pursuant to appropriations. Section 3. Any moneys remaining in said Fund at the end of the year and not committed shall revert to the general fund of the Town and be subject to appropriation for this Fund or for any other Fund as determined by the Town Council. Section 4. This ordinance shall be effective upon passage and shall apply to funds appropriated for the year 1996. ADOPTED THIS 7th DAY OF AUGUST, 1995. Ordinance 1995-9 AMENDMENT TO SALARY ORDINANCE 1995-6 BE IT ORDAINED, by the Town Council of the Town of Millersburg, IN that the annual salary for the Water, Sewer and Street Superintendent be increased from $31,460.00 to $33,046.00 with a bi-weekly pay of $1.271.00. The annual salary for the Marshal was decreased from $28,600.00 to $27,040.00, with a bi-weekly pay of $1.040.00. The additional salary for the Water, Sewer and Street Superintendent will be taken out of sewer utility funds. ADOPTED THIS 7th DAY OF AUGUST, 1995 Ordinance 1995-10
Adopted this 28th Day of August, 1995 Ordinance 1995-11 AN ORDINANCE TO ESTABLISH A NON-REVERTING OPERATING FUND FOR THE MILLERSBURG PARK AND RECREATION BOARD WHEREAS, the Town of Millersburg by Ordinance No. 1986-2 established the Millersburg Park and Recreation Board; and, WHEREAS, Indiana Code Section 36-10-3-22 permits the establishment of a non-reverting operating fund and the method of making expenditures there from; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG: Section 1. There is hereby established a non-reverting operating fund for the Millersburg Park and Recreation Board. Section 2. All moneys received from fees, rents, concessions or any other source other than taxes shall be deposited in said non-reverting fund. Section 3. No moneys shall be paid from this fund unless appropriated from tine to t by the Town Council, but when appropriated, may be paid on claims presented to the Park and Recreation Board, allowed by the Board arid signed by the President and Secretary of the Board. Section 4. Tthis Ordinance shall be in full force and effect upon passage but all appropriations shall be made by the Town Council after advertising and public hearings as prescribed by law. Adopted this 18th day of September, 1995 Ordinance 1995-13 WHEREAS, I. C. 36-5-4-12 permits the Town Council to authorize the Clerk-Treasurer to pay claims in advance of Town Council approval of claims presented; and WHEREAS, the Town Council adopted Ordinance No. 1994-12 which authorized the Clerk-Treasurer to pay claims in advance of Town Council approval; and WHEREAS, it appears that broader authority may be given to the Clerk-Treasurer than Ordinance No. 1994-12 gives: THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG: Section 1. The Clerk-Treasurer is authorized to pay any claim itemized and certified as required by I. C. 5-11-10-1 provided that an appropriation has been made for the expenditure and sufficient unexpended funds remain to pay such claims without transferring from another line item. Section 2. That all claims paid be reviewed and allowed at the next regular or special meeting of the Council following the pre-approved payment. Section 3. That the authority granted herein is supplemental to the authority given in Ordinance No. 1994-12. Adopted this 6th day of November, 1995. Ordinance 1995-14 AN ORDINANCE TO PROHIBIT THE BURNING OF LEAVES BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG: Section 1. From and after the adoption of this Ordinance leaf burning within the corporate limits of the Town of Millersburg is prohibited. Section 2. In addition to any charges imposed by the fire department to extinguish a leaf fire, any person burning leaves in violation of this ordinance shall, upon conviction, be fined in a sum not to exceed Fifty ($50.00). Section 3. This ordinance shall be effective upon publication as required by law. Adopted this 6th day of November, 1995 Ordinance 1995-15
Adopted this 4th Day of December, 1995 Ordinance 1995-16 AN ORDINANCE PROHIBITING THE MAINTENANCE OF A NUISANCE, DEFINING A NUISANCE, AND PROVIDING A PENALTY FOR VIOLATION BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG: Section 1. Except for premises permitted for such use under the zoning ordinance, it shall be unlawful to accumulate or to allow the accumulation upon any premises within the corporate limits of the Town of Millersburg, of garbage, ashes, refuse, rubbish, manure, offal, carcasses, junk, automobile parts and bodies, tires, junk appliances, bedding, junk furniture, clippings from growth, old newspapers and all other kinds of organic or inorganic materials generally classified as junk or refuse, provided, however, that nothing herein contained shall prevent the accumulation and storage of items of value which are stored in a secured building out of the sight of the public and occupiers of adjoining property when such storage does not constitute a health or fire hazard and provided further that this section shall not prevent the accumulation and storage in the proper manner of items to be picked up by the sanitation service. Section 2. The Marshal shall notify the owners and occupying tenants in writing of any property found to have accumulations in violation of this ordinance, which notice shall be delivered to a person of suitable age residing on the premises or, in case of vacant land or unoccupied buildings, mailed to the owner of record as disclosed by the records in the Office of the Auditor of Elkhart County, notifying such owner or occupant to remove such unlawful accumulations within a reasonable time, not to exceed thirty (30) days. Section 3. In the event such accumulation has not been removed within the period designated by the Marshal, the Street Department is hereby authorized to enter upon said premises and remove such unlawful accumulations. The cost of such removal shall be a lien upon the real estate from which said accumulations are removed and the Street Superintendent shall certify the costs of such removal to the Clerk-Treasurer who shall in turn certify such costs to the Auditor of Elkhart County and added to the tax statements and collected in the same manner as real estate taxes are collected upon such premises. Section 4. It shall be unlawful for any person to fail to obey the directions of a notice served personally upon him pursuant to this ordinance. Section 5. This ordinance shall be effective upon adoption and publication as provided by law. Adopted this 4th day of December, 1995 |