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Ordinance 1998-1 AMENDMENT TO SALARY ORDINANCE 1997-14 WHEREAS, THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, through the Marshal’s Department, has made application and have received funds from the “STATE COPS GRANT” Program to add an additional officer; NOW, BE IT ORDAINED BY THE TOWN COUNCIL that a fund specified as “State Cops Grant” will be setup and established with the addition of the necessary appropriation lines for the addition of a Deputy Marshal, therefore;
This amendment will take effect upon its adoption and signing by the Town Council. Adopted this 19th day of January. 1998. Ordinance 1998-4 AMENDMENT TO SALARY ORDINANCE 1996-7 WHEREAS, the Town Council of the Town of Millersburg, IN, agreed at the January 29, 1997 year end council meeting to make the following amendment to Salary Ordinance 1996-7 as follows: 1). The Clerk-Treasurer is to issue William Collins a payroll check for 31.25 comp time hours accumulated from October 21, 1997 thru December 29, 1997 at a rate of $17.55 per hour in lieu of taking time off. 2). The check was issued and approved to be paid on December 29, 1997 in the gross amount of $548.44. Adopted this 19th day of January, 1998. Ordinance 1998-5 Ordinance Regarding Separation of Water Lines WHEREAS, certain landlords own real estate with multi-unit rental properties within town limits that do not have separate water meters for each unit; WHEREAS, problems have arisen iii the past when not all of the tenants of a multi-unit property have paid their portion of water and sewer bills so that all of the tenants are at risk of having their water shut off when one tenant does not pay; WHEREAS, the Town Council believes it will be advantageous for all such multi-unit properties to have separate water meters and water lines for each unit, or, in the case of existing multi-unit properties, for the water bill to be in the name of the property owner; NOW, THEREFORE, BE IT ORDERED, ESTABLISHED M ORDAINED by the Town Council of the Town of Millersburg, Indiana, as follows: 1. All parcels of real estate within the town limits of the Town of Millersburg, as such may change from time to time, with improvements designed for occupancy by more than one family that have separate living units for each family, shall have separate water meters and water lines for each unit so that the water usage of each unit of the building may be separately metered and disconnected in the event of nonpayment of water and/or sewer bills. 2. With regard to any parcels, of real estate within the town limits, with improvements designed for occupancy by more than one family that have separate living units for each family that are already in existence on the date of the passage of this Ordinance, the owner of the real estate shall have the option, within sixty (60) days after the effective date of this Ordinance, of bringing the real estate into compliance with paragraph 1 above, or, in the alternative, of putting the water and sewer bill for all of the units of the improvements into the owner’s name. 3. In the event the boundaries of the town shall increase in the future, and such additional boundaries shall have any parcels of real estate with existing improvements designed for occupancy by more than one family that have separate living units for each family, the owner of the real estate shall have the option, within sixty (60) days of such real estate becoming part of the boundaries of the Town of Millersburg, of bringing the real estate into compliance with paragraph 1 above, or, in the alternative, of putting the water and sewer bill for all of the units of the improvements into the owner’s name. 4. Any property owner failing to comply with this Ordinance shall be guilty of an ordinance violation and shall be fined Twenty-five Dollars ($25.00) per day for each day of non compliance, up to a total fine of Two Thousand Five Hundred Dollars ($2,500.00) The property owner shall further be responsible for all attorney fees and court costs incurred by the Town in enforcing this Ordinance against the property owner and in collecting any fine imposed upon the property owner under this Ordinance. 5. This Ordinance shall be effective upon its passage by the Town Council and publication according to law. ADOPTED, ESTABLISHED, AND ORDAINED this 16th day of March, 1998 Ordinance 1998-8a ORDINANCE PROHIBITING PARKING ON LINCOLN STREET WHEREAS, the Town Council desires to promote traffic safety in the Town of Millersburg; WHEREAS, Indiana Code 9-21-1-2 and -3 authorize a local authority to regulate the parking of vehicles with respect to streets and highways under its jurisdiction; WHEREAS, the Town Council believes that parking within ten (10) feet of the pavement on the South side of Lincoln Street for a distance west of the intersection with Timber Valley Blvd. presents a traffic hazard by blocking the view of traffic entering the intersection at Lincoln Street, and the Council desires to promote traffic safety by preventing parking in such area; NOW, THEREFORE, BE IT ORDERED, ESTABLISHED, AND ORDAINED by the Town Council of the Town of Millersburg, Indiana as follows: 1. Parking is prohibited on the South side of Lincoln Street and ten (10) feet South of the South edge of the Lincoln Street pavement from the intersection of Timber Valley Blvd. and Lincoln Street for a distance of 225 feet West of the pavement of Timber Valley Blvd. 2. A Fifteen Dollar ($15.00) fine shall be imposed for a violation of this ordinance. 3. Revenues generated from fines for violations of this ordinance shall be deposited in the general fund of the Town of Millersburg, Indiana. 4. Ordinance violations may be enforced under proceedings brought pursuant to Indiana Code 34-4-32-1 et seq. in a manner similar to that of infractions with complaint and summons described in Indiana Code 9-30-3-6 issued by the Millersburg Police Department or other police agency. 5. This ordinance shall be effective from and after its passage by the Town Council and publication according to law, and upon posting of signs giving notice of the traffic regul tion. IS ADOPTED, ESTABLISHED, AND ORDAINED this 4th day of May, 1998. Resolution 1998-8 Resolution by the Town Council of the Town of Millersburg, Indiana, authorizing the changing of Resolution 1997-19 and 1998-14 to a two-hour minimum after-hour call-out allowance for full time town employees. Whereas, the Town Council, of the Town of Millersburg, Indiana, recognizes the inconvenience of the Superintendent, Maintenance Director, and Marshal to be called out after hours and whishes to compensate them for such. Therefore, be it resolved by the Town Council of Millersburg, Indiana, that: 1. The adoption of a policy to allow the Superintendent, Maintenance Director, and the Marshal to accumulate a two-hour minimum time worked, on after hours calls is effective upon adoption of this resolution. Adopted this 28th day of June, 1998. Ordinance 1998-9
Adopted this 6th Day of July, 1998 Ordinance 1998-11
Adopted this 5th Day of October, 1998 Ordinance 1998-13
Adopted this 17th Day of August, 1998 Resolution 1998-14 Resolution to the Town Council of the Town of Millersburg, Indiana, authorizing the implementation of a one-hour minimum after-hour call-out for the Maintenance Director. Whereas, the Town Council, of the Town of Millersburg, Indiana, recognizes the inconvenience of the Maintenance Director be called out after hours and wishes to compensate the Maintenance Director for such. Now therefore, be it resolved by the Town Council of Millersburg, Indiana, that: 1. The adoption of a policy to allow the Maintenance Director to accumulate a one-hour minimum comp-time on after hour calls is effective upon adoption of this resolution. Adopted by the Millersburg Town Council on the 5th of October, 1998. ORDINANCE 1998-15 ORDINANCE DESIGNATING FOUR WAY STOP AT INTERSECTION OF MAIN STREET AND DEPOT STREET. Whereas, the Town Council of the Town of Millersburg desires to promote traffic safety; Whereas, Indiana Code 9-21-1-2 authorizes a local authority to regulate traffic with respect to the streets and highways under its jurisdiction, and Indiana Code 9-21-1-3 authorizes a local authority to designate an intersection as a four way stop intersection and require all vehicles to stop at one or more entrances to the intersection, so long as the streets and highways are under the authorities jurisdiction; Whereas, Main Street and Depot Street in the Town of Millersburg are within the Town Council’s jurisdiction, and the Town Council believes it is in the interest of traffic safety to designate the intersection of Main Street and Depot Street as a four way stop intersection; Whereas, The Town Council desires to establish penalties for failure to stop and yield the right-of-way at all intersections within the jurisdiction of the Town of Millersburg; Now, therefore, be it ordered, established, and ordained by the Town Council of the Town of Mi Indiana as follows:
Adopted this 19th day of October, 1998. Ordinance 1998-16 TO AMEND ORDINANCE 1987-5 A PLANNED UNIT DEVELOPMENT ADOPTED THE 3RD DAY WHEREAS, John Larimer submitted a petition to amend the Planned Unit Development Ordinance 1987 by amending the site development plan; WHEREAS, After the Staff for the Elkhart County Advisory Plan Commission did cause the publishing of the legal advertisements for the Public Hearing in The Elkhart Truth on the 28th day of August, 1998 and in The Goshen News on the 27th day of August, 1998 and did mail as prescribed by Rule and Law the Notice of Public Hearing to all persons of record with in 300 feet; WHEREAS, The Elkhart County Advisory Plan Commission did hold a public hearing as provided by law on the 10th day of September, 1998 and did take public input at that meeting; WHEREAS, The Elkhart County Advisory Plan Commission did give reasonable regard to the criteria established by IC 36-7-4-603; And WHEREAS, The petition was sent to the Town Council with a Recommendation for approval THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF MILLERSBURG, INDIANA, AS FOLLOWS: SECTION 1. That the real estate, which is the subject of this ordinance, is as follows: SECTION 2. That Section 1 of Ordinance 1987 be amended by this ordinance. More specifically by the superceding of that referenced plan by the site development Plan which is part of this Ordinance by this reference and shall be maintained in the files of the Elkhart County Advisory Plan Commission. SECTION 3. That Section 4 of Ordinance 1987-5 be amended to allow for the placement of two driveway on to Elm Street. SECTION 4. That all Sections of Ordinance 1987-5 remain in effect and are not intended to be amended by this ordinance unless specifically stated in Section 2 and Section 3 of this ordinance. SECTION 5. This Ordinance shall be in fill force and effect from and after its passage and approval in according with the law. ORDAINED AND ADOPTED THIS 5th DAY OF October, l998 BY THE TOWN COUNCIL OF MILLERSBURG, INDIANA. 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, CLINTON TOWNSHIP, ELKHART COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 33 IN THE PLAT OF ROGER’S HEIGHTS AS THE POINT OF BEGINNING OF THIS DESCRIPTION (BEING A FOUND IRON ROD); THENCE RUNNING NORTH 0 DEGREES 54 MINUTES EAST (RECORD) (CALCULATED—NORTH 0 DEGREES 08 MINUTES 06 SECONDS EAST), A DISTANCE OF 296.19 FEET (RECORD) (CALCULATED- 294.19 FEET) TO A POINT (BEING A FOUND IRON PIPE); THENCE RUNNING NORTH 89 DEGREES 26 MINUTES EAST (RECORD) (CALCULATED-NORTH 88 DEGREES 29 MINUTES 43 SECONDS EAST), A DISTANCE OF 281.0 FEET (RECORD) (CALCULATED—287.12 FEET) TO A POINT (BEING A FOUND IRON ROD); THENCE RUNNING SOUTH 0 DEGREES 54 MINUTES WEST (RECORD) (CALCULATED—SOUTH 0 DEGREES 00 MINUTES 00 SECONDS WEST), A DISTANCE OF 297.4 FEET (RECORD) (CALCULATED—290.89 FEET) TO THE SOUTHEAST CORNER OF LOT 31 IN ROGER’S HEIGHTS (BEING A FOUND IRON PIPE); THENCE RUNNING WEST (RECORD) (CALCULATED—SOUTH 89 DEGREES 02 M1NUTES 11 SECONDS WEST) ON THE SOUTH LINE OF LOTS 33-32 A DISTANCE OF 281.0 FEET (RECORD) (CALCULATED—281.76 FEET) TO THE AFOREMENTIONED POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINING 1.91 ACRES, MORE OR LESS (RECORD) (CALCULATED—1.95 ACRES, MORE OR LESS), SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND PUBLIC RIGHT-OF-WAYS OF RECORD SURVEYOR’S REPORT 1.) THE THEORETICAL UNCERTAINTY (DUE TO RANDOM ERRORS IN MEASUREMENT) OF THE CORNERS OF Ti SUBJECT TRACT ESTABLISHED BY THE SURVEY IS WITHIN THE SPECIFICATIONS FOR A CLASS C SURVEY AS DEFINED BY IAC 865. 2.) FOR VARIANCES, DISCREPANCIES AND INCONSISTENCIES SEE PLAT OF SURVEY AND DESCRIPTION. 3.) THE UNDERSIGNED SHOULD BE NOTIFIED OF ANY RECORDED EASEMENTS WHICH AFFECT THE SUBJECT TRACT AND ARE NOT SHOWN ON THIS DRAWING. 4.) NO RESTRICTIONS SHOWN ON THIS DRAWING AND THE UNDERSIGNED SHOULD BE NOTIFIED OF ANY RESTRICTIONS WHICH AFFECT THE SUBJECT TRACT. 5.) TYPE OF SURVEY: RETRACEMENT. 6.) FOUND CORNERS WERE USED AND ACCEPTED AS CORRECT UNLESS OTHERWISE NOTED HEREON. 7.) CORNERS WERE FOUND FLUSH UNLESS OTHERWISE NOTED I Prepared by the Elkhart County Division of Planning |