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Ordinance 2000-2 AN ORDINANCE TO AMEND ORDINANCE NUMBER 1990-3, AS AMENDED WHEREAS, the Town of Millersburg, Indiana adopted Ordinance Number 1990-3 on May 24, 1990, which, among other things, established collection and deferred payment charges for delinquent water services; and WHEREAS, on December 29, 1994, the Millersburg Town Council amended Ordinance Number 1990-3 by Ordinance Number 1994-18, which Ordinance revised the collection and deferred payment charges previously set forth in Ordinance Number 1990-3; and WHEREAS, Indiana Code Sections 36-1-3-1, et seq permit any town in the State of Indiana to exercise any power or any function necessary to the public interest in the context of its municipal or internal affairs, which is not prohibited by the Constitution of the United States or the State of Indiana, or denied or preempted by any other law, or as not expressly granted by any other law to another governmental entity; and WHEREAS, the Town Council of the Town of Millersburg is the town legislative body and is by law authorized to adopt ordinances and resolutions for the performance of functions for the Town of Millersburg; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Millersburg, State of Indiana, as follows: Section 1. Section 2(f) of Ordinance No. 1990-3, as amended by Ordinance No. 1994-18, is hereby deleted in its entirety and replaced with the following: (f) Collection and Deferred Payment Charges All bills for water and/or sewer services not paid within ten (10) days from the due date thereof, as stated in such bills, shall be subject to collection of a deferred payment charge of ten percent (10%) of the first Three Dollars ($3.00) and three percent (3%) on the excess of Three Dollars ($3.00). The charge for the return of a check for non- sufficient funds shall be Fifteen Dollars ($15.00) per check. A user disconnected for non-payment of a bill shall be assessed a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00) when reconnected. When any property owner or water consumer fails to pay an account or statement for services provided by the Town of Millersburg Water Utility within thirty (30) days after its due date, the water utility may send a letter by first class mail, postage prepaid, demanding payment within ten (10) days and stating that the water service may be terminated to the property if all delinquent payments are not made within the ten (10) days. A demand letter fee shall also be charged to the delinquent user for the amount of Five Dollars ($5.00) plus the amount of postage. If payment is not received within the ten (10) day period, the Town of Millersburg Water Utility may terminate water service to the property. Water service shall not be restored until the customer pays the past due amounts and the customer makes satisfactory arrangements with the Town of Millersburg Water Utility to avoid future delinquencies. Section 2 Each residential living unit serviced by the Millersburg Water Utility shall have a separate service line, shutoff and water meter. For existing residential living units, the required separation of service lines, shutoffs and water meters shall be completed within six (6) months after the effective date of this ordinance. In the event that any property owner shall fail to comply with this section, the Millersburg Water Utility is authorized to give thirty (30) days prior written notice by first class mail, postage prepaid, notifying the property owner and the utility customer that water service to all affected residential living units will be terminated if the service lines, shutoffs and water meters are not separated within thirty (30) days following the date of the letter. If such service lines, shutoffs and water meters are not separated within such thirty (30) day period, the Town of Millersburg Water Utility may terminate water service to each living unit. In addition, the Town of Millersburg Water Utility shall have the remedies set forth in Section 4 hereafter for failure to comply with this ordinance within thirty (30) days after notice is sent by the Town of Millersburg Water Utility. In order to recommence water services after termination, the customer shall pay to the Town of Millersburg Water Utility a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00), along with a demand letter fee of Five Dollars ($5.00) plus the amount of postage charge incurred. Section 3 All residential living units serviced by the Town of Millersburg Water Utility must have the utility account with the Town of Millersburg in the name of the property owner. In the event real estate is being sold on land contract, the utility account may be in the name of the land contract purchaser. Each property owner who has a residential living unit being serviced by the Town of Millersburg Water Utility must deposit with the Town of Millersburg Water Utility an Eighty-five Dollar ($85.00) deposit for each residential living unit owned by the property owner and serviced by the Town of Millersburg Water Utility as security for any delinquent water or sewer utility charges to the living unit. At any time that water or sewer utility charges shall fail to be paid in a timely manner, the Town of Millersburg shall be entitled to offset the past due water and/or sewer utility charges against the security deposit of the property owner. At the time of the offset against such security deposit, the Town of Millersburg Water Utility shall notify the property owner by first class mail, postage prepaid, and shall require that they increase their deposit to the frill Eighty-five Dollars ($85.00) within ten (10) days of the date of the letter, notifying them that failure to do so may result in water service to the living unit being disconnected. A demand letter fee of Five Dollars ($5.00) plus the cost of postage shall also be charged to the property owner. If such payment is not received within ten (10) days of the date of the letter, the Town of Millersburg Water Utility may terminate water service to the living unit. Water service shall not be restored until the amounts demanded have been paid to the Town of Millersburg Water Utility. In order to recommence water service after termination, the customer shall also pay a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00). Section 4. Any property owner failing to comply with any portion of 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. Section 5. Any person violating any of the provisions of this ordinance shall be liable to the Town of Millersburg for any expense, loss, or damage suffered by the Town of Millersburg by reason of such violation, including but not limited to, the costs and expenses incurred by the Town, attorney fees, court costs, engineering fees, administrative time and expense, labor, and all other costs associated with the enforcement of this ordinance, including such costs associated with any court proceedings against any party by reason of their failure to comply with the terms of this ordinance. Section 6. This ordinance shall be effective upon passage by the Millersburg Town Council and publication in accordance with law ORDAINED AND ADOPTED this 13th day of March, 2000 RESOLUTION 2000-03
This is an amendment to Resolution 1994-15 adopted September, 19th. 1994.
Ordinance 2000-4 Sewer Rate Ordinance - Superceded RESOLUTION 2000-5
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN WHEREAS, the Millersburg Municipal Sewage Works, (the “Sewage Works”) proposes to complete certain capital improvements at an estimated cost of $101,500 (the “Project”); and, WHEREAS, the Town of Millersburg (the “Town”) has employed H.J. Umbaugh & Associates to prepare a rate study and financial plan for said Project; and, WHEREAS, the Town has certain surplus funds available in its County Economic Development Income Tax (“EDIT”) Fund and Cumulative Capital Funds to contribute to the Sewage Works to fund the Project; and, WHEREAS, the Town owns and operates a Municipal Water Utility (the “Water Utility”) which currently has funds on hand available to loan to the Sewage Works for said Project; and, WHEREAS, the Water Utility has met its reserve requirements for its outstanding indebtedness and has surplus funds available for loan to the Sewage Works; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, INDIANA, THAT: (1) The Sewage Works is in need of approximately $101,500 to fund certain capital improvements (the “Project”). (2) Funding of the Project is to be from the following funds:
(3) The Sewage Works borrow from the Water Utility Improvement Fund said sum of $20,000.00, and that repayment from the Sewage Works be made with principal and interest payable annually on June 1st, commencing June 1, 2001; with interest at 2.50%; according to the following schedule:
(4) The Clerk-Treasurer is authorized to transfer $20,000.00 from Water Improvement Fund to Sewage Works Improvement Fund. (5) The Clerk-Treasurer of said Town is further authorized and directed to transfer $360.00 per month from Sewage Works Cash Operating Fund to Sewage Works Bond and Interest for payment of said obligation to the Water Utility.
RESOLUTION 2000-6
Presented, read and approved on the 9th day of October, 2000. ORDINANCE 2000-7
AN ORDINANCE TO ESTABLISH A JUVENILE
As used within this ordinance, the following words and phrases shall have the meanings assigned to them below:
A police officer, before taking any legal action, may take steps necessary to question any individual who appears to be under the age of eighteen (18) years for the specific purpose of enforcing this ordinance. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation under this ordinance unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, none of the factors referenced at parts (1) through (8) of Section 2. (a) of this ordinance is present. An effort will be made on behalf of the Millersburg Police Department to contact the minor’s parent to inform them of the alleged curfew violation under this ordinance.
Resolution 2000-9
Whereas, it has been determined that it is now necessary to transfer money from the listed over-appropriated funds to the listed under-appropriated funds. Be it ordained by the town council of the town of Millersburg, Indiana that for the expenses of the Town Government, the following appropriations are hereby transferred and set apart out of the funds hereinafter specified for the purposes specified, subject to the laws governing the same, such sums herein transferred unless otherwise stipulated by law.
Adopted this 27th day of November, 2000. SALARY ORDINANCE 2000-10
LET IT BE KNOWN, that the Town Council of the Town of Millersburg, IN, agrees to the salaries and benefits established for the year 2001 and portioned according to the two attached spreadsheets. All full time employees shall receive 8 paid Holidays, including 1 floating Holiday, Health Insurance, Public Employees Retirement Fund as their pension and paid vacation per the Personnel Policy. The Clerk-Treasurer will pay payroll by-weekly and there are 26 pay periods in 2001. The Council will be paid on the last payroll of the month. Council approval of salary vouchers will be the first regular meeting of the month following payment of these claims. Health & Life Insurance will be paid for by the Town of Millersburg, except for the employee’s share, which is 5% for the year 2001, and it will be taken our of their paycheck the first payroll of each month. The Marshal will receive $824 for clothing allowance. What is not used for clothing will be added to his salary at the end of the year. The Superintendent, Maintenance Director, and the Marshal to accumulate a two-hour minimum time worked, on after-hours calls. Compensatory Time will be computed on a 40-hour workweek including holidays, vacation, & sick time.
Resolution 2000-11 Transfer of Funds Whereas, it has been determined that it is now necessary to transfer money from the listed over-appropriated funds to the listed under-appropriated funds. Be it ordained by the town council of the town of Millersburg, Indiana that for the expenses of the Town Government, the following appropriations are hereby transferred and set apart out of the funds hereinafter specified for the purposes specified, subject to the laws governing the same, such sums herein transferred unless otherwise stipulated by law. Be it also ordained that the Clerk Treasurer shall be allowed to pay all regular monthly bills and other normal bills which shall come due before the end of the year and that the Town Council shall approve such bills at the first meeting in January of 2001. Amounts to be listed on attached page Adopted this 18th day of Dec., 2000.
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