PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, INDIANA ON THE 11th DAY OF FEBRUARY, 2002.

 

ORDINANCE 2002-2

TOWN OF MILLERSBURG WATER USE ORDINANCE

UTILITY ORDINANCE TO PROVIDE A COMPREHENSIVE PROGRAM FOR
THE OPERATION OF A WATER UTILITY, SPECIFICALLY INCLUDING
A PROGRAM FOR PROTECTING THE PUBLIC WATER SYSTEM FROM
BACKFLOW OF CONTAMINANTS THROUGH THE WATER SERVICE
CONNECTION INTO THE PUBLIC WATER SYSTEM; SPECIFICATIONS
FOR WORKMANSHIP AND MATERIALS; AND A PROCEDURE FOR THE
ENFORCEMENT AND SHUTOFF OF DELINQUENT WATER SERVICE
CHARGES.

WHEREAS Indiana Code Sections 36 1 3 1, et. seq., permit any town in the State of Indiana to exercise any power or perform 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 of the State of Indiana, or denied or pre empted by any other law, or is 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; and

WHEREAS the Plumbing Code, as adopted by the State of Indiana, requires protection of the public water supply from contaminates due to backflow of contaminants through the water service connection; and

WHEREAS the Indiana Department of Environmental Management endorses the maintenance of a continuing program of cross connection control which will systemically and effectively prevent the contamination of all potable water systems;

WHEREAS Indiana law requires that all public water supplies be continuously operated and maintained so that the water is safe and satisfactory for ordinary domestic consumption;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Millersburg, State of Indiana, as follows:

1.00. General.

1.01. This Ordinance may be referred to as the "Town of Millersburg Comprehensive Water Utility Ordinance."

1.02. This Ordinance shall become effective February 11, 2002, subject to publication requirements.

2.00. Cross Connection Control and Backflow Prevention.

2.01. The regulations located at 327 IAC 8 10 et seq. entitled "Cross Connections; Control; Operation," as amended or replaced from time to time as promulgated by the Indiana Department of Environmental Management and 675 lAC 16 1.3, et seq., entitled "Indiana Plumbing Code, 1999 Edition," as amended or replaced from time to time as promulgated by the Indiana Fire Prevention and Building Safety Commission are hereby incorporated and adopted by reference as a part of this Ordinance. One copy of these regulations shall be on file with the Town of Millersburg Water Utility.

2.02. The Town of Millersburg Water Utility may cause inspections to be made of all properties served by the public water system. The frequency of inspections and re-inspections shall be based on potential health hazards involved and shall be as established by the Town of Millersburg Water Utility.

2.03. Upon presentation of credentials, a representative of the Town of Millersburg Water Utility shall have the right to request entry at any reasonable time into or upon any property served by a connection to the public water system of the Town of Millersburg in order to inspect connections. On request, the owner, lessee, or occupant of any property shall furnish to the inspector any pertinent information regarding the connections, piping systems, water systems, and hazards on such property. It shall be assumed that a cross connection and hazard is present if access or requested information are refused.

2.04. The Town of Millersburg Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this Ordinance exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after ten (10) days' written notice is served on the owner, lessee, or occupants of the property or premises where a violation is found or suspected to exist. Water service to such property shall not be restored until the violations) have been eliminated in compliance with the provisions of this ordinance.

2.05. If it is deemed by the Town of Millersburg Water Utility Superintendent that an emergency endangers public health, safety, or welfare and requires immediate action, and a written finding to that effect is filed with the Clerk of the Town of Millersburg and delivered to the user's premises, water service may be immediately discontinued. The user shall have an opportunity for hearing before the Town Council of the Town of Millersburg, or its designated hearing officer, of such emergency discontinuance.

2.06. As a condition of new or continued water service, an approved reduced pressure principle backflow preventer shall be installed and maintained by the user in the principal water line servicing each connection to the Town of Millersburg water system. In the discretion of the Town of Millersburg Water Utility Superintendent, a double check valve backflow preventer may be used in lieu of a reduced pressure principle backflow preventer. For existing facilities, the required backflow preventer shall be installed within three (3) years after the effective date of this Ordinance; provided, however, residential connections to the Town of Millersburg water system shall have five (5) years after the effective date of this Ordinance for such installation. For purposes of this Ordinance, "residential" shall mean of or pertaining to a place used primarily as a private dwelling or primarily for living purposes. In the event the Town of Millersburg Water Utility Superintendent determines that an increased risk or hazard exists to the Town of Millersburg water system at a connection where a double check valve backflow preventer was originally allowed to be utilized pursuant to this section, the Town of Millersburg Water Utility Superintendent may require the replacement of the double check valve backflow preventer with a reduced pressure principle backflow preventer.

2.07. The backflow preventer used must be an approved assembly as found on the List of Approved Backflow Prevention Assemblies published by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research, which list is available for inspection at the Town of Millersburg Water Utility. The backflow preventer must be installed in an easily accessible location not subject to flooding or freezing.

2.08. As a condition of continued service, all users shall arrange for the inspection of all cross connection and backflow preventer control assemblies by an inspector registered by the Indiana Department of Environmental Management. These inspections shall occur at time intervals specified in 327 IAC 8 10 8(b), as amended, or as otherwise required by any applicable statute, regulation, or ordinance. Completed test reports shall be submitted to the Town of Millersburg Water Utility by the user within thirty (30) days after the user's receipt of the test reports. Tests and inspections may be required on a more frequent basis at the discretion of the Town of Millersburg Water Utility Superintendent.

2.09. That this Ordinance does not supersede the Indiana Plumbing Code as amended or replaced from time to time or any plumbing ordinances, sewer use ordinances, or other ordinances currently in force and effect in the Town of Millersburg, but rather is supplementary to such. In the event of any conflict with this Ordinance, the requirements which are stricter and more protective of the public health and safety shall control.

3.00. Water Turn On and Shutoff Procedures.

3.01. Other than by authorized representatives of the Town of Millersburg, no one shall turn on or shall turn off Town of Millersburg mains, hydrants, gate valves, curb stop valves, or other valves of the Town of Millersburg Water Utility. No person shall maliciously, willfully, or negligently break, damage, uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of the Town of Millersburg Water Works. Any person violating this provision shall be subject to immediate arrest.

3.02. Each month, the Millersburg Clerk/Treasurer shall generate a customer balance sheet showing the amount owed per customer.

3.03. Accounts showing a balance of a previous month's bill without a payment to the water utility in the previous thirty (30) days shall receive a letter from the Millersburg Clerk/Treasurer that states the total amount owing, the amount of the last payment, and which requests payment.

3.04. If within the ten (10) days following the mailing of the letter described in Section 3.03, the Delinquent Letter is not returned to the Clerk/Treasurer’s office, but payment is made, the Clerk/Treasurer shall send a letter requesting that the Delinquent Letter to Pay be returned to the Clerk/Treasurer and requesting that payments continue.

3.05. When any account or statement for services provided by the Town of Millersburg Water Utility is thirty (30) days past due, the Clerk/Treasurer may send a letter demanding payment within ten (10) working days and stating that the water service may be terminated if all delinquent payments are not made within the ten (10) days.

3.06. If payment is not received within the ten (10) working days described in Section 3.05, the Town of Millersburg Water Utility may terminate water service to the customer. 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. In order to re commence water service after termination, the customer shall pay to the Town of Millersburg Water Utility a re instatement fee of Twenty Six Dollars ($26.00), consisting of a Thirteen dollar ($13.00) disconnect and a Thirteen dollar ($13.00) reconnect fee.

4.00. Water Meters.

4.01. To confirm and ratify historic policy of the Town of Millersburg Water Utility, water meters shall be initially provided by the user at the user's expense. All water meters used shall meet the requirements of and be subject to the approval by the Town of Millersburg Water Utility Superintendent.

4.02. To confirm and ratify historic policy of the Town of Millersburg Water Utility, the repair and/or replacement of water meters for water lines of one inch (1") or less in size shall be provided by the Town of Millersburg at its expense; the repair and/or replacement of water meters for water lines greater than one inch (1") in size shall be provided by the user at the user' expense.

5.00. Specifications for Workmanship and Materials.

5.01. The attached Exhibit A entitled "Specifications for Workmanship and Materials (Pages A 0 1 through A 7 1) are hereby incorporated by reference and made a part of this Ordinance to govern all public work projects of the Town of Millersburg, Indiana as well as private projects affecting water facilities, sewer facilities, park facilities, roads and streets, buildings, and other facilities of the Town of Millersburg, Indiana.

6.00. Fire Protection and Water Connections.

6.01. Any fire protection system utilizing water from the Town of Millersburg Water Utility that is installed or becomes operable from and after the effective date of this Ordinance shall have its own tap and be connected to a Town of Millersburg water line separate and apart from any other water tap or connection to the Town of Millersburg water system.

7.00. Authority of Superintendent.

7.01. In the event of unforeseen circumstances or developments or emergency situations, the Superintendent of the Town of Millersburg Water Utility is hereby vested with such authority and discretion as is needed in order to protect the public health, safety, and welfare in connection with the operation of the Town of Millersburg Water Utility.

7.02. A person shall not institute, permit, or maintain any conditions that may jeopardize or threaten the public health and safety with respect to the Town of Millersburg water system. The Superintendent, upon hearing of the existence of such conditions, shall order the abatement of those conditions. The order must be in writing, specify the conditions that may jeopardize or threaten the public health and safety, and name the shortest reasonable time for abatement. If a person refuses or neglects to obey an order issued under this provision by the Superintendent, the Town of Millersburg attorney may, upon receiving the information from the Superintendent, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action involves a criminal offense, a law enforcement authority with jurisdiction over the location where the offense occurred shall be so notified for further enforcement.

8.00. Separation of Service Lines, Shutoffs, and Water Meters.

8.01. Each residential living unit serviced by the Millersburg Water Utility shall have a separate service line, shutoff and water meter. 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 10 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.

9.00. Rental Property Accounts.

9.01. 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 full 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).

10.00. Enforcement.

10.01. Any person violating this ordinance shall be guilty of an ordinance violation and on conviction thereof shall be fined in an amount not exceeding Two Thousand Five Hundred Dollars ($2,500.00) for each such violation. Each day in which any violation shall continue shall be deemed a separate offense under this Section. For any continuing violation, the Town of Millersburg shall also be entitled to an injunction against the violator for the actions involved. If the violation involves the Town of Millersburg water system, the injunction may also include a shut off order allowing the Town of Millersburg to shut off the violator's supply of municipal water from the Town of Millersburg Water Utility until all violations cease and are corrected.

10.02. 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 of locating the source of the violation, repairing any damage caused by the violation, attorney fees, court costs, engineering fees, administrative time and expense, labor, and all other costs associated with enforcement and compliance with this ordinance.

11.00 Effect on Prior Ordinances.

11.01 All ordinances or parts of ordinances that are in conflict with this Ordinance are hereby repealed upon the effective date of this Ordinance; provided, however, that all parts of ordinances not in conflict with this Ordinance shall remain in full force and effect.

ORDINANCE 2002- 3

TOWN OF MILLERSBURG SEWER RATE ORDINANCE

An Ordinance amending and replacing Ordinance Numbers 1977-7, 1992-7, 1994-8, and 2000-4, setting a schedule of rates and charges to be collected by the Town of Millersburg from the owners of property served by the sewage works of said Town, and dealing with other matters connected therewith:

WHEREAS, the Town has heretofore constructed and has in operation sewage works for the purpose of collecting and disposing of the sewage of the Town in a sanitary manner and proposes to construct improvements thereto;

WHEREAS, it is necessary to establish a new schedule of rates and charges so as to produce sufficient revenue to pay expenses of maintenance and operation, and to provide funds for necessary replacements and improvements to the sewage works, and to pay the principal and interest on the proposed revenue bonds in accordance with the applicable bond ordinance, all in a manner in accordance with the guidelines of the U.S. Environmental Protection Agency;

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MIILLERSBURG, INDIANA:

Section 1. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

(a) “Ammonia” (or N113 N) shall have the same meaning as defined in the Sewer Use Ordinance.

(b) “Board” shall mean the Town Council of the Town of Millersburg, or any duly authorized officials acting in its behalf.

(c) “BOD” (or Biochemical Oxygen Demand) shall have the same meaning as defined in the Sewer Use Ordinance.

(d) “CBOD” (or Carbonaceous Biochemical Oxygen Demand) shall have the same meaning as defined in the Sewer Use Ordinance.

(e) “COD” (or Chemical Oxygen Demand) shall have the same meaning as defined in the Sewer Use Ordinance.

(f) "Connection Fee" shall mean the payment required for the benefit or privilege of making a connection, directly or indirectly, to the Town's sewage collection system, which is to be paid in accordance with this Ordinance.

(g) “Debt Service Costs” shall mean the average annual principal and interest payments on all existing and proposed revenue bonds or other long term capital debt.

(h) "Developer" shall mean an owner of, or person acting on behalf of an owner to develop, property to be served by the municipal sewer utility.

(i) “Equivalent Dwelling Unit” shall mean a conversion of flows from non-residential use or multi-family units to flows equivalent to single family dwelling(s). Generally, one (1) Equivalent Dwelling Unit is equal to a 310 gallon per day usage rate.

(j) “Excessive Strength Surcharge” shall mean an additional charge which is billed to users for treating sewage wastes with an average strength in excess of “normal domestic sewage.”

(k) “Industrial Wastes” shall mean the wastewater discharges from industrial, trade, or business processes as distinct from employee wastes or wastes from sanitary conveniences.

(l) “NPDES Permit” (or National Pollutant Discharge Elimination System Permit) shall have the same meaning as defined in the Sewer Use Ordinance.

(m) “Normal Domestic Sewage” (for the purpose of determining surcharges) shall mean wastewater or sewage having an average daily concentration as follows:

S.S. not more than 240 mg/l

BOD not more than 240 mg/I

Ammonia not more than 30 mg/l

Phosphorus not more than 4 mg/I

Fats, wax, grease, or oils, collectively, whether emulsified or not, not more than 100 mg/l

As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from industrial wastes.

(n) “Operation and Maintenance Costs” include all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment charges, and other identifiable charges other than excessive strength surcharges on a continuing basis and produce discharges to receiving waters that conform with all related Federal, State and local requirements (these costs include replacement)

(o) “Other Service Charges” shall mean tap charges, connection charges, area charges and other identifiable charges other than excessive strength surcharges.

(p) “Person” shall mean any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, limited partnership, limited liability partnership, limited liability company, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana and political subdivisions thereof, the United States of America, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

(q) “Phosphorus” shall have the same meaning as defined in the Sewer Use Ordinance.

(r) “Replacement Costs” shall mean the expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

(s) “S. S. “ (or suspended solids) shall have the same meaning as defined in the Sewer Use Ordinance.

(t) “Shall” is mandatory; “May” is permissive.

(u) “Sewage” shall have the same meaning as defined in the Sewer Use Ordinance.

(v) “Sewer Use Ordinance” shall mean a separate and companion enactment to this Ordinance, which regulates the connection to and use of public and private sewers, known as the Town of Millersburg Sewer Use Ordinance.

(w) “Tap Fees” shall mean the fees to reimburse the Town for the direct costs associated with making a connection to the collector sewer. The fee includes direct costs such as materials, labor, equipment, pavement replacement, inspection, administration, and review, as well as any other costs incurred in processing the application and making the connection.

(x) “Town” shall mean the Town of Millersburg acting by and through the Town Council.

(y) “User Charges” shall mean a charge levied on users of the wastewater treatment for the cost of operation and maintenance of such works pursuant to Section 204(b) of Public Law 92 500.

(z) “User Class” shall mean the division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (i.e. residential, commercial, industrial, institutional, and governmental in the User Charge System).

Residential User – shall mean a user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, etc.

Commercial User – shall mean any establishment involved in a commercial enterprise, business, or service which based on a determination by the Town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

Institutional User – shall mean any establishment involved in a social, charitable, religious, and/or educational function which, based on a determination by the Town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

Governmental User – shall mean any Federal, State, or local governmental user of the wastewater treatment works.

Industrial User – shall mean any industrial, manufacturing, business, trade, or processing facility that discharges industrial waste to a wastewater treatment works.

Section 2.

(a) Prior to connecting to the Town’s sanitary sewer facilities, a developer shall be required to pay a connection fee according to the table set forth in Section 3(d) hereafter. Multi family dwelling units and non residential users shall be converted to an Equivalent Dwelling Unit as determined by the type of user. These fees will be used to offset costs for future expansion and improvements to the system. Connection Fees for users not listed in the table or of unique character will be established by the Superintendent of the Millersburg Wastewater Utility subject to appeal in accordance with Section 8 of this Ordinance. Improvements, additions, or other expansions of an existing facility or building which require a building permit shall subject the user to the fees outlined in this Ordinance for the improvement, addition, or other expansion project. In addition, the submission of false, fraudulent, inaccurate, or erroneous information by a user when applying for approval to make a connection to the Town’s sanitary sewer facilities shall subject the user to being reassessed at any time the appropriate amount under this Ordinance for the connection fee. For a period of two (2) years after occupancy, a developer shall be liable for and subject to being reassessed for any additional Connection Fees based upon the actual usage of the property if such actual usage would result in a larger Connection Fee being due and payable to the Town of Millersburg. These fees are representative of the historical costs that have been invested in the wastewater management system by the existing rate payers, as determined by an independent study performed for the Town. Connection Fees are in addition to Tap Fees and User fees. These fees may be revised from time to time, as required by the Town.

(b) At the time a transfer of or change in a utility account is requested by a new user or new owner of a property served by the municipal water utility and/or the municipal sewer utility, the new user or owner shall complete an application for utility service. The utility account, however, shall not be changed or transferred until the new user or new owner and the existing account holder contact the Town of Millersburg, If the application is not completed and filed by the new user or new owner with the Town of Millersburg within two (2) weeks after the transfer or change is made, any municipal water or sewer service serving the property shall be subject to termination.

Section 3.

(a) Treatment rate--User Fees shall be $4.00 per 1,000 gallons of usage plus the base rate set forth in subsection (b).

(b) The Monthly Base Rate shall be as follows:

	User Charge	Debt Service	Total
¾” water meter or less	$8.74	$4.06	$12.80
1” water meter	$13.75	$7.35	$21.10
1¼” water meter	$20.01	$11.39	$31.40
1½” water meter	$27.84	$16.41	$44.25
2” water meter	$47.97	$29.43	$77.40
3” water meter	$102.91	$65.14	$168.05
4” water meter	$180.61	$115.59	$296.20
6” water meter	$403.06	$260.04	$663.10

(c) For users of the sewage works that are unmetered water users, the monthly charge shall be determined by equivalent single family dwelling units, except as herein provided. Sewage service bills shall be rendered once each month (or period equaling a month). The schedule is as follows:

	User Charge	Debt Service	Total
Residential:
Single/family residence/unit	$22.16	$4.04	$26.20
Apartment/unit	$16.60	$3.05	$19.65
Commercial:
Retail Establishment:
First 3 employees	$22.16	$4.04	$26.20
Each additional employee	$5.53	$1.02	$6.55
Gasoline Service Station:
With car wash facilities	$55.40	$10.10	$65.50
Without car wash facilities	$33.24	$6.06	$39.30
Shop in office or home	$44.33	$8.07	$52.40
Car wash, manual/bay	$22.16	$4.04	$26.20
Restaurant:
First 2 employees	$22.16	$4.04	$26.20
Each additional employee	$7.39	$1.34	$8.73
Beauty or barber shop:
First employee	$22.16	$4.04	$26.20
Each additional employee	$11.07	$2.03	$13.10
Professional Office:
First 2 employees	$22.16	$4.04	$26.20
Each additional employee	$7.39	$1.34	$8.73
Institutional:
School/student	$0.74	$0.14	$0.88
Churches, lodges, and Vet. orgs. without eating and/or drinking facilities - for each 200 members or fraction thereof	$22.16	$4.04	$26.20
Governmental offices:
First 3 employees	$22.16	$4.04	$26.20
Each additional employee	$5.53	$1.02	$6.55
Industrial (sanitary flow only)
First 3 employees	$22.16	$4.04	$26.20
Each additional employee	$3.90	$0.70	$4.60

A “Casual User” (as defined in Ordinance No. 1992-2) shall be charged $6.29 per 1000 gallons of waste water discharged into the system with the same surcharges for excess strength discharge as specified in Section 11 of this Ordinance and with a minimum charge of $61.85 for each delivery of waste water to the waste water treatment plant.

(d) New connections to the Town’s sewage system shall be charged a connection fee as follows:

	5/8”-3/4” & Unmetered	1”	1½”	2”	3”
Ratio	1.50	2.50	5.00	8.00	15.00
2002	$799	$1,332	$2,665	$4,264	$7,995
2003	$823	$1,372	$2,745	$4,392	$8,235
2004	$848	$1,413	$2,827	$4,524	$8,482
2005	$873	$1,456	$2,912	$4,659	$8,736
2006	$899	$1,499	$2,999	$4,799	$8,998

Connection fees shall increase 3% per year thereafter.

Section 4. The Tap Fee for connecting a user to the Town’s sanitary sewer system shall be Six Hundred Dollars ($600.00) per connection, which represents the direct charge for making the connection and providing the related services such as administration, review, and inspection. Tap Fees shall be in addition to Connection Fees and User Fees. Tap Fees are based on the direct cost of service as determined by an independent study performed for the Town. These fees may be revised from time to time, as required by the Town.

Section 5. Connection Fees and Tap Fees to users outside of the corporate limits shall be the same as that charged to users located within the corporate limits of the Town of Millersburg, Indiana.

Section 6. The following payment schedule shall apply:

Connection Fees shall be paid in full of the time of application for such service and prior to work being started on such connection.

Tap Fees shall be paid in full at the time of application for such service and prior to work being started on such connection.

No connection to the sewer utility will be allowed prior to receipt by the Town of all Connection Fees and Tap Fees required under this Ordinance.

In the event an application for service is denied or the actual connection is not made, any Connection Fees and Tap Fees paid shall be refundable, without interest, to the applicant upon request. At the time a refund is made, any previously issued permit for such utility service under this Ordinance shall be rescinded.

Permits for utility service issued under this Ordinance shall be valid for a period of one (1) year from the date of issuance.

Section 7. This Ordinance and the fees set out herein may be amended from time to time by the Town Council when conditions exist that indicate that the established charges are no longer equitable to customers of the municipal sewage system or for the developers of property connecting to said sewage system.

Section 8. Any person, group, firm, company, partnership, corporation, limited liability company, limited liability partnership, or other organization adversely affected by the application of this Ordinance may present an appeal to a Utility Review Committee. The Utility Review Committee shall be composed of the President of the Millersburg Town Council, the Wastewater Utilities Superintendent and an engineer from the Town’s Engineering Firm. The appeal shall be filed with the Town Clerk who shall forward a copy of the appeal to the Utility Review Committee and the Superintendent of the Millersburg Wastewater Utility. The appeal shall be submitted no later thirty (30) days after the adverse decision appealed from is made. The appellant shall submit such number of copies of the appeal as the Utility Review Committee may prescribe from time to time. The appeal shall be in such form and contain such information as the Utility Review Committee may prescribe from time to time, but shall in all instances contain a concise written statement explaining the nature of the appeal, identifying the issues involved, and presenting the position of the appellant. The Utility Review Committee shall review and consider the appeal at a hearing prior to which the appellant shall be given at least ten (10) days notice and at which hearing the appellant shall be entitled to participate. Following the review and decision, the Utility Review Committee shall transmit to the Town Clerk and the Superintendent of the Millersburg Wastewater Utility a written report giving its findings and affirming, modifying, or reversing the application of this Ordinance to the appellant. The appellant may appeal the decision of the Utility Review Committee to the Millersburg Town Council by filing with the Town Clerk a request to further appeal the decision which shall be submitted a minimum of ten (10) days prior to any regularly scheduled Town Council meeting and a maximum of thirty (30) days after the adverse decision is made by the Utility Review Committee, in order to be included on the agenda. The Millersburg Town Council shall review and consider the appeal as part of its regular public meeting schedule. Following the review and decision, the Town Council shall transmit to the Town Clerk and the Superintendent of the Millersburg Wastewater Utility a written report given its findings and affirming, modifying, or reversing the decision of the Utility Review Committee. It is specifically provided that the failure to apply for and seek any necessary permits as well as the failure to appeal any application of this Ordinance as provided under this Section shall work as a bar in challenging this Ordinance or its requirements in court.

Section 9. Every person whose premises are served by the Town’s sewage works shall be charged for the service provided. These charges are established for each user class, as defined, in order that the sewage works shall recover, from each user and user class, revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges shall be uniform in magnitude within a user class.

(a) User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 7, 1984 (40 CFR 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment.

(b) The various classes of users of the treatment works for the purpose of this Ordinance, shall be as follows:

Residential
Commercial
Governmental
Institutional
Industrial

Section 10. The quantity of water discharged into the sanitary sewage system and obtained from sources other than the water utility that serves the Town shall be determined by the Town in such manner as the Town shall reasonably elect, and subject to payment by the user of the method used for measuring such usage, and the sewage service shall be billed at the appropriate rates; except as hereinafter provided in this section, the Town may make proper allowances in determining the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the Town that such quantities do not enter the sanitary sewage system.

(a) In the event a lot, parcel of real estate, or building other than a single family dwelling unit discharging sanitary sewage, industrial wastes, water or other liquids into the Town’s sanitary sewage system, either directly or indirectly, is not a user of water supplied by the water utility serving the Town, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the Town, then the amount of water used shall be otherwise measured or determined by the Town. In order to ascertain the rate or charge provided in this ordinance, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the Town for the determination of sewage discharge.

(b) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial wastes, water or other liquids into the Town’s sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the Town, and in addition, is a user of water from another source which is not measured by a water meter or is measured by a meter not acceptable to the Town, then the amount of water used shall be otherwise measured or determined by the Town. In order to ascertain the rates or charges, the owner or other interested parties shall, at his expense, install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the Town for the determination of sewage discharge.

(c) In the event two (2) or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water or other liquids into the Town’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be averaged for each user and the base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels of real estate, or buildings served through the single water meter.

(d) In the event two (2) or more dwelling units such as mobile homes, apartments, or housekeeping rooms discharging sanitary sewage, water or other liquids into the Town’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case, billing shall be for a single service in the manner set out elsewhere herein, except that the minimum charge shall be $12.80 per month per dwelling unit served through the single water meter. In the case of a mobile home courts, the number of dwelling units shall be computed and interpreted as the total number of mobile home spaces available for rent plus any other dwelling units served through a meter. A dwelling unit shall be interpreted as a room or rooms or any other space or spaces in which cooking facilities are provided.

(e) In the event a lot, parcel of real estate, or building discharges sanitary sewage, industrial wastes, water or other liquids into the Town’s sanitary sewage system either directly or indirectly, and uses water in excess of 30,000 gallons per month, and it can be shown to the satisfaction of the Town that a portion of the water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party may, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the Town for the determination of sewage discharge; but upon failure to do so, the billing shall be based upon the water usage.

(f) In order that domestic and residential users of sewage services shall not be penalized for sprinkling lawns during the months of July, August and September, the bill for sewage services for residential and/or domestic user for said months shall be based upon the average water usage per month for the previous billed months of October through June, if such average usage is lower than the summer months, and if the owner of the property has remained the same. Said sprinkling rate shall not apply to any premises that are partially or wholly used for commercial or industrial purposes. In the event a portion of such premises shall be used for commercial or industrial purposes, the owner shall have the privilege of separating the water service so that the residential portion of the premises is served through a separate meter, and in such case the water usage as registered by the water meter serving such portion of the premises used for residential purposes shall qualify under the sprinkling rate.

(g) The provisions of Section 10(f) of this Ordinance may from time to time be extended to and be applicable in the months of May, June, and/or October upon motion and approval by the Town Council of the Town of Millersburg, Indiana at a duly called public meeting of the Town Council.

Section 11. In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the Town shall base its charges not only on the volume, but also on strength and character of the stronger than normal domestic sewage and wastes for which it is required to treat and dispose. The Town shall require the user, at the user’s expense, to determine the strength and content of all sewage and wastes discharged, either directly or indirectly, into the sanitary sewage system, in such manner, by such method, and at such times as the Town may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a central sampling point available to the Town at all times.

(a) Normal domestic sewage waste strength should not have biochemical oxygen demand in excess of 240 milligrams per liter of fluid; suspended solids in excess of 240 milligrams per liter of fluid; ammonia in excess of 30 milligrams per liter of fluid; phosphorus in excess of 4 milligrams per liter of fluid; and fats, wax, grease, or oils, collectively, whether emulsified or not, in excess of 100 milligrams per liter of fluid. Additional charges for treating stronger than normal domestic sewage shall be made on the following basis:

(1) Rate Surcharge Based Upon Suspended Solids: there shall be an additional charge of 57 cents per pound of suspended solids for suspended solids received in excess of 240 milligrams per liter of fluid.
(2) Rate Surcharge Based Upon BOD: there shall be an additional charge of 57 cents per pound of biochemical oxygen demand for BOD received in excess of 240 milligrams per liter of fluid.
(3) Rate Surcharge Based Upon Ammonia: there shall be an additional charge of 68 cents per pound of ammonia for ammonia received in excess of 30 milligrams per liter of fluid.
(4) Rate Surcharge Based Upon Phosphorus: there shall be an additional charge of $1.70 per pound of phosphorus received in excess of 4 milligrams per liter of fluid.
(5) Rate Surcharge Based Upon Oils and Grease: there shall be an additional charge of 28 cents per pound of fats, wax, grease, or oils, collectively, whether emulsified or not, received in excess of 100 milligrams per liter of fluid.

(b) The determination of suspended solids, biochemical oxygen demand, ammonia, phosphorus, and fats, wax, grease, or oils, whether emulsified or not, contained in the waste shall be in accordance with latest copy of “Standard Methods for the Elimination of Water, Sewage, and Industrial Wastes,” as written by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, and in accordance with “Guidelines Establishing Test Procedures for Analysis of Pollutants,” 40 CFR Part 136, as hereinafter amended, supplemented, or replaced.

Section 12. All rates and charges herein contemplated shall be prepared, billed, and collected by the Town in the manner provided by law and ordinance.

(a) The rates and charges for all users shall be prepared and billed monthly.

(b) The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required.

The owners of properties served, which are occupied by a tenant or tenants, shall have the right to examine the collection records of the Town for the purpose of determining whether bills have been paid by such tenant or tenants, provided that such examination shall be made at the office at which such records are kept and during the hours that such office is open for business.

(c) As is provided by applicable Indiana statue, all rates and charges not paid when due are hereby declared to be delinquent and a penalty of ten percent (10%) of the amount of the rates and charges not timely paid shall thereupon attach thereto and be due and owing. The time at which such rates and charges shall be paid is now fixed at fifteen (15) days after the date of mailing of the bill by the Town to the person responsible therefore, Additionally, the Board hereby reserves all charging and collection rights and remedies permitted by Indiana Code, Title 36, Article 9, Chapter 23, with regard to the collection of rates and charges under this Ordinance or the Sewer Use Ordinance (or amendments, supplements, or replacements thereto), dealing with hook-ups, connections, and usage of the sewage system.

Section 13. In order that the rates and charges for sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various users of user classes, the Town shall cause a study to be made within a reasonable penal of time following the first two years of operation, following the date on which this ordinance goes into effect. Such study shall include, but not be limited to, an analysis of the cost associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users and user classes, the financial position of the sewage works, and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements and capital improvements to the wastewater treatment systems.

Thereafter, on a biennial basis, within a reasonable period of time following the normal accounting period, the Town shall cause a similar study to be made for the purpose of reviewing the fairness, equity and proportionality of the rates and charges for sewage services on a continuing basis. Said studies shall be conducted by officers or employees of the Town or by a firm of certified public accountants, or a firm of consulting engineers which firms shall have experience in such studies, or by such combination of officers, employees, certified public accountants or engineers as the Town shall determine to be best under the circumstances. The Town shall, upon completion of said study, revise and adjust the rates and charges, as necessary, in accordance therewith in order to maintain the proportionality and sufficiency of the rates.

Section 14. The Town shall make and enforce such by laws and regulations as may be deemed necessary for the safe, economical, and efficient management of the Town’s sewage system, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system, and for the regulation, collection, and rebating and refunding of such rates and charges.

The Town is hereby authorized to prohibit dumping of wastes into the Town’s sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the Town, or to require methods affecting pretreatment of said wastes to comply with the pretreatment standards included in the NPDES Permit issued to the sewage works, or as contained in the EPA General Pretreatment Regulations, 40 CFR Part 403 and any amendments thereto or the Town’s Pretreatment Program Plan.

Section 15. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance, which shall be given effect without such invalid part or parts.

Section 16. This Ordinance shall be in full force and effect from and after its date of passage. This Ordinance shall supersede the portions of any conflicting Ordinance in existence with respect to the matters regulated herein. This Ordinance hereby repeals Ordinance Nos. 1977-7, 1992-7, 1994-8, and 2000-4 in their entireties; provided, however, that the existing schedule of sewage rates and charges shall remain in full force and effect until the effective date of this Ordinance.

Section 17. The Board is hereby further authorized to enter into special rate contracts with customers of the sewage works where clearly definable reduction in cost to the sewage works can be determined, and such reduction shall be limited to such reduced costs.

Section 18. The rates as herein set forth shall become effective on the first full billing period occurring after the adoption of this Ordinance, and the other charges set forth herein shall become effective upon the effective date of this Ordinance.

Section 19. This Ordinance shall be in full force and effect from and after its adoption.

ORDINANCE 2002-4

SEWER USE ORDINANCE

An Ordinance regulating the connection to and use of public and private sewers and drains, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system of the Town of Millersburg, Indiana, and providing penalties for violations thereof.

WHEREAS the Town Council of the Town of Millersburg maintains a sewage works and is responsible for operating, maintaining, regulating, and controlling that sewage works in accordance with the requirements of law;

WHEREAS the Town Council of the Town of Millersburg, Indiana desires to revise and update its Ordinance regulating the connection to and use of public and private sewers and drains, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system of the Town of Millersburg, Indiana, and providing penalties for violations thereof;

WHEREAS the Town Council of the Town of Millersburg, Indiana desires to modify and update prior Ordinance No.1977-8 and to replace and supersede the same by this Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, INDIANA:

Section 1. This Ordinance may be referred to as the "Town of Millersburg Sewer Use Ordinance."

Section 2. Except as provided herein, the definitions contained in 40 CFR Section 401.11 and 40 CFR Section 403.3, as amended, shall be applicable in this Ordinance and are hereby incorporated by reference. For purposes of this Ordinance, the terms below shall be defined as follows:

(a) "Board" shall mean the Town Council of the Town of Millersburg, Indiana, or any duly authorized officials or representatives acting in its behalf.

(b) "Building Drain" shall mean the lowest horizontal piping of a building drainage system which receives the discharge of sewage from drainage pipes inside the walls of the building and conveys it to a point approximately five (5) feet outside the foundation wall of the building.

(c) "Building Sewer" shall mean the extension from the building drain to the public sanitary sewer, private sewage disposal system, or other place of disposal.

(d) "Garbage" shall mean any solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of produce.

(e) "IDEM" shall mean the Indiana Department of Environmental Management.

(f) "Inspector" shall mean the person or persons duly authorized by the Town through its Town Council to inspect and approve the installation of building sewers and their connection to the public sanitary sewer system.

(g) "Interference" shall mean a discharge into the public sanitary sewer system which, alone or in conjunction with a discharge or discharges from other sources, both:

(1) Inhibits or disrupts the sewage works, its treatment processes or operations, or its sludge processes, use or disposal; and

(2) Therefore is a cause of a violation of any requirement of the sewage works' NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

(h) "NPDES Permit" shall mean a National Pollutant Discharge Elimination System Permit setting forth conditions and limitations for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to the Federal Water Pollution Control Act.

(i) "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

(j) "Pass Through" shall mean a discharge into the public sanitary sewer system which exits the sewage works into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the sewage works' NPDES Permit (including an increase in the magnitude or duration of a violation).

(k) "Person" shall mean any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, limited partnership, limited liability partnership, limited liability company, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana and political subdivisions thereof, the United States of America, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

(l) "pH" shall mean the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution.

(m) "Pollutant" shall mean dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discarded into water.

(n) "Pretreatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sewage works. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CPR Section 403.6(d), as amended. Pretreatment is subject to all applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register under regulation 40 CFR Part 403, as amended.

(o) "Private Sewer" shall mean a sewer that is not owned by public authority.

(p) "Process Wastewater" shall mean any water which, during manufacturing, processing, or clean up comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by product, or waste product.

(q) "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sanitary sewers, with no particle greater than one half (1/2) inch in any dimension.

(r) "Public Sanitary Sewer" shall mean a sanitary sewer which is owned and controlled by the public authority and will consist of the following increments:

Collector Sewer shall mean a sanitary sewer whose primary purpose is to collect wastewater from individual point source discharges.

Interceptor Sewer shall mean a sanitary sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.

Force Main shall mean a sanitary sewer in which wastewater is carried under pressure.

Pumping Station shall mean a station positioned in the public sanitary sewer system at which wastewater is collected and pumped to a higher level.

(s) "Sanitary sewer" shall mean a sewer that carries sanitary sewage and to which storm, surface, and ground water and other unpolluted water are not intentionally admitted.

(t) "Sewage" shall mean the combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions (including polluted cooling water). The two most common types of sewage are:

Sanitary Sewage shall mean the combination of liquid and water carried wastes discharged from toilets, lavatories, kitchens, and other sanitary waste producing facilities typically associated with domestic uses.

Industrial Sewage shall mean the combination of liquid and water carried wastes which is discharged from any commercial or industrial establishment resulting from any trade or process carried on in that establishment (this shall include process wastewater, the wastes from pretreatment facilities, and polluted cooling water). Industrial sewage excludes unpolluted water and waste which contains exclusively sanitary sewage.

(u) "Sewage Works" shall mean the public sanitary sewers, structures, equipment, and processes to collect, transport and treat sewage and dispose of the effluent and accumulated residual solids.

(v) "Sewer" shall mean a pipe or conduit for sewage.

(w) "Shall" is mandatory; "May" is permissive.

(x) "Significant Industrial User" shall mean:

(1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

(2) Any other industrial user that:

(i) Discharges an average of 25,000 gallons per day or more of process wastewater to the sewage works (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

(ii) Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the sewage treatment plant; or

(iii) Is designated as such by the control authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the sewage works' operation, the quality of biosolids such that it may negatively impact land application, or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

(y) "Slug" shall mean any discharge of sewage or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than five (5) minutes more than five (5) times the average twenty four (29) hour concentration or flow during normal operation and which adversely affects the sewage works.

(z) "Storm Sewer" shall mean a pipe or conduit for conveying storm, surface, and ground water or other unpolluted water from any source and to which sanitary sewage and industrial sewage are not intentionally admitted.

(aa) "Superintendent" shall mean the Superintendent of the municipal sewage works of the Town of Millersburg, Indiana, or his authorized deputy, agent, or representative.

(bb) "Suspended Solids" shall mean solids which either float on the surface of or are in suspension in water, sewage, or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams/liter.

(cc) "Town" shall mean the Town of Millersburg, Indiana.

(dd) "Unpolluted Water" shall mean water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards, and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

(ee) "USEPA" shall mean the United States Environmental Protection Agency.

(ff) "Wastewater" shall mean water in which sewage has been discharged.

(gg) "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

Section 3.

(a) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Town or in any area under the jurisdiction of the Town, any human excrement, garbage, or other objectionable waste.

(b) No person shall discharge or cause to be discharged to any sanitary sewer under the jurisdiction of the Town, either directly or indirectly, storm water, surface water, ground water, roof runoff, subsurface drainage, noncontact cooling water, or other unpolluted water.

(c) Storm water, surface water, ground water, roof runoff, subsurface drainage, noncontact cooling water, or other unpolluted water may be admitted to storm sewers under the jurisdiction of the Town which have adequate capacity for their accommodation. No person shall connect to such storm sewers, however, without the specific written permission of the Superintendent.

(d) No person shall place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the Town, any wastewater, sewage, or other water containing pollutants except where suitable treatment has been provided in accordance with the provisions of this Ordinance and an NPDES Permit.

(e) No person shall discharge or cause to be discharged to any natural outlet in the Town, or in any area under the jurisdiction of the Town, any wastewater, sewage, or other polluted water except where suitable treatment has been provided in accordance with provisions of this Ordinance and an NPDES Permit.

(f) Except as provided in the Elkhart County Private Sewage Disposal System Ordinance, it shall be unlawful to construct or maintain in the Town any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

(g) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, abutting on any street, alley, or right of way in which there is now or may hereafter be located a public sanitary sewer under the jurisdiction of the Town, is hereby required at the owner's expense to install suitable toilet and sanitary facilities therein and to connect such facilities with the proper public sanitary sewer in accordance with the provisions of this Ordinance, within ninety (90) days after date of official notice to do so, provided that said public sanitary sewer is within three hundred (300) feet of the property line. Upon connection to the public sanitary sewer lines, any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(h) No new connection to the Town's sewage works shall be approved that would create either a hydraulic or organic overload on the treatment plant, which is herein defined as any discharge that will exceed ten percent (l0%) of the dry weather design capacity of the collection system or treatment plant, without an approved containment or pretreatment plan.

Section 4. Where a public sanitary sewer is not available under the provisions of Section 3(g), the building sewer shall be connected to a private sewage disposal system in accordance and complying with the provisions of the Elkhart County Private Sewage Disposal System Ordinance.

Section 5.

(a) No person shall uncover, make any connections with or opening into, use, alter or disturb any public sanitary sewer, private sewer, or appurtenance thereof which is connected, directly or indirectly, to the Town of Millersburg Sewage Works under the jurisdiction of the Town without first obtaining a written permit from the Superintendent. No new connections shall be made to a public sanitary sewer unless there is capacity available to all existing users, downstream sewers, lift stations, force mains, and the sewage treatment plant.

(b) The owner or his agent shall make application for a building sewer permit on a form furnished by the Town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Inspector. An inspection fee shall be paid to the Town at the time the application is filed in accordance with the Sewer Rate Ordinance.

(c) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. A connection fee shall be paid to the Town prior to connection being made to the Town's sewage works in accordance with the Sewer Rate Ordinance.

(d) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard or driveway, in which case the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(e) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the said Inspector, to meet all requirements of this Ordinance.

(f) The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, joint testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(g) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sanitary sewer, sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(h) No person shall make connection of roof downspouts, sump pumps, exterior foundation drains, areaway drains, floor drains, or other sources of storm, surface, and groundwater or other unpolluted water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer under the jurisdiction of the Town.

(i) The connection of a building sewer into the public sanitary sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

(j) The applicant for the building sewer permit shall notify the Inspector when the building sewer is ready for inspection and connection to the public sanitary sewer. The construction shall be made under the supervision of the said Inspector or his representative.

(k) All excavations for building sewer installation must be adequately guarded with barricades and lights so as to protect the public from hazards. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.

Section 6.

(a) No person shall discharge or cause to be discharged any of the following to any public sanitary sewers under the jurisdiction of the Town:

(1) Pollutants that create a fire or explosion hazard in the sewage works, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Centigrade using the test methods specified in 40 CFR 261.21.

(2) Solid or viscous pollutants in amounts that will cause obstruction to the flow in the sewage works resulting in interference.

(3) Subject to any other limitations or prohibitions contained within this Ordinance, the following pollutants may be discharged to the Town's sewage works subject to surcharges for concentrations (identified by laboratory analysis in mg/l) greater than as listed below, in accordance with the terms of the Sewer Rate Ordinance:

POLLUTANT	mg/l
BOD5	240
Suspended Solids	240
Ammonia	30
Phosphorous	4
Fats, wax, grease, or oils, collectively, whether emulsified or not	100

(4) Heat in amounts that will inhibit biological activity in the sewage works resulting in interference, but in no case heat in such quantities that the temperature at the sewage treatment plant exceeds forty (40) degrees Centigrade (one hundred four [104] degrees Fahrenheit).

(5) Petroleum oil, nonbiodegradable and biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

(6) Pollutants that result in the presence of toxic gases, vapors, or fumes within the sewage works in a quantity that may cause acute worker health and safety problems.

(7) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(8) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.

(9) Any waters or wastes having a pH lower than 6.0 or having any other corrosive property capable of causing damage or hazard to structure, equipment, and personnel of the sewage works, or that interferes with any sewage treatment process.

(10) Solid or viscous substances, diluted or undiluted, in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, underground garbage, blood, paunch, manure, hair and fleshings, entrails, paper, dishes, cups, cans, milk containers, etc., either whole or ground by garbage grinders.

(11) Any waters or wastes containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a hazard or toxic effect in the receiving waters of the sewage treatment plant, or to exceed the limitations set forth in the applicable Federal Categorical Pretreatment Standards or other pretreatment standards or regulations issued by USEPA or the IDEM. Toxic pollutants are those identified pursuant to Section 307(a) of the Federal Water Pollution Control Act, as amended. In no case shall any user discharge any chemical, compound, or substance in concentrations greater than ten percent (10%) of the LD50 limit as listed on the most recent MSDS for that chemical, compound, or substance.

(12) No user shall discharge wastewater containing concentrations of the following enumerated pollutants exceeding the following limits (in mg/l). The Superintendent may establish more stringent limitations by permit on any user found to be a significant industrial user.

POLLUTANT	mg/l
Arsenic	0.15
Cadmium	0.33
Chromium (Hexavalent)	0.25
Chromium (Total)	2.5
Copper	2.0
Cyanide (Total)	0.3
Lead	0.33
Mercury	0.0001
Nickel	2.0
Phenols	0.67
Selenium	0.67
Silver	2.0
Zinc	2.5
TTO	2.13

(b) No person shall discharge or cause to be discharged any of the following into a public sanitary sewer under the jurisdiction of the Town without a written permit from the Superintendent. In determining the acceptability of these wastes, the Superintendent will give consideration to the public sanitary sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit or sixty-five (65) degrees Celsius.

(2) Any water or waste containing substances which may solidify or become viscous at temperatures between thirty two and one hundred fifty (32 and 150) degrees Fahrenheit or zero and sixty five (0 and 65) degrees Celsius.

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three fourths (3/4) horsepower or greater shall be subject to the review and approval of the Superintendent.

(4) Any waters or wastes containing acid iron pickling wastes or plating solutions whether neutralized or not.

(5) Any radioactive wastes.

(6) Any waters or wastes having a pH in excess of 9.0.

(7) Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(c) Unusual volume of flow or concentration of wastes that constitute a "slug" as defined herein.

(8) Waters or wastes containing substances that are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharges to the receiving waters.

(9) Any trucked or hauled pollutants.

(10) Any pollutant(s) that could otherwise cause pass through or interference.

(c) No person shall discharge or cause to be discharged any industrial sewage, process wastewater, or any other waste except for sanitary sewage to any public sanitary sewer under the jurisdiction of the Town without a written permit from the Superintendent on a form approved by the Superintendent.

(d) If any waters or wastes are discharged, or are proposed to be discharged, to the public sanitary sewers, which waters contain the substances or possess the characteristics enumerated in Section 6(a), (b), or (c) of this Ordinance as determined by the Superintendent, the Superintendent may:

(1) Require the submission of information on wastewater characteristics and obtain prior approval for such discharges from IDEM.

(2) Reject the wastes in whole or in part for any reason deemed appropriate by the Town.

(3) Require pretreatment of such wastes to within the limits of normal sanitary sewage as defined or to within limits approved by IDEM.

(4) Require control of flow and equalization of such wastes so as to avoid any "slug" loads or excessive loads that may be harmful to the treatment works.

(5) Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes.

(6) Require any other measures that the Superintendent or the Board has legal authority to require.

If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Board and subject to the requirements of all applicable laws, codes, ordinances, and regulations.

(e) Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.

(f) The Superintendent may require the owner of any property serviced by a building sewer to install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observations, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed and maintained by the owner at the owner's expense so as to be safe and accessible at all times. Agents of the Town, the IDEM, and the USEPA shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing upon presentation of appropriate credentials and identification.

(g) The Superintendent may control through permit, order, or similar means, the contribution to the sewage works by each user to ensure compliance with this Ordinance, the Town's NPDES permit, and all other applicable standards and requirements. In the case of a significant industrial user, this control shall be achieved through permits or equivalent individual control mechanisms issued to each such user.

(h) All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this Ordinance shall be determined in accordance with appropriate methodologies accepted and approved by USEPA, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. Report thereof shall be provided to the Superintendent within five (5) days after the results are received by the user. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sanitary sewer to the point at which the building sewer is connected. Sampling shall be carried out pursuant to USEPA accepted methods.

(i) It shall be unlawful for any person to place, deposit, discharge, or permit to be deposited or discharged, in any manner whatsoever, any substance into a public sanitary sewer under the jurisdiction of the Town at a point different than the proposed building sewer connection to the sanitary sewer system.

(j) No statement contained in this ordinance shall be construed as preventing any separate agreement or arrangement between the Town and any user whereby waste of unusual strength or character may be accepted by the Town for treatment, subject to payment therefore, by the user, at such rates as are compatible with the Sewer Rate Ordinance, so long as said agreement or arrangement does not directly or indirectly allow any discharge which will cause pass through or interference or in any way cause the Town to violate the terms of its NPDES Permit.

Section 7. Pretreatment of industrial sewage prior to discharge to the sewage works is required in accordance with and subject to the rules and regulations adopted by the U.S. EPA (40 CFR Part 403), and "Guidelines Establishing Test Procedures for Analysis of Pollutants" (40 CFR Part 136), in addition to any more stringent requirements established by the Town and subsequent state or federal guidelines and rules and regulations.

Section 8. Plans, specifications and any other pertinent information relating to pretreatment facilities shall be submitted for approval of the Town, and no construction of such facilities shall be commenced until approval in writing is granted. Where such facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at the owner's expense and shall be subject to periodic inspection by the Town to determine that such facilities are being operated in conformance with the applicable Federal, State, and local laws, regulations, and permits. The owner shall maintain operating records of the influent and effluent to show the performance of the treatment facilities and for comparison against Town monitoring records.

Section 9. Unpolluted water from air conditioners, cooling systems, condensing systems, or swimming pools shall be discharged to a storm sewer, where it is available, upon written approval by the Town. Where a storm sewer is not available, discharge may be to a natural outlet upon written approval by the local, state, or federal authority with jurisdiction over the natural outlet.

Section 10. The Superintendent may require users of the sewage works to supply pertinent information on wastewater flow characteristics and constituents in order to verify compliance with the requirements of this Ordinance. Such measurements, tests, and analyses shall be made by the user at the user's expense. The Town may also have such measurements, tests, and analyses performed with the expense of such assessed to the user at the option of the Town. Whenever the Town obtains or receives a wastewater or sewage sample for analysis, the Town shall offer to split the sample with the user in order to allow the user an opportunity to conduct duplicate analytical tests in order to verify the analytical results received by the Town.

Section 11. Grease, oil, and sand interceptors or traps shall be provided by a user when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful pollutants. All interceptors or traps shall be of a type and capacity approved by the Superintendent and shall be located so as to be readily accessible for cleaning and inspection. All interceptors or traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures, shall be of substantial construction, shall be gas tight, and shall be equipped with easily removable covers. Where installed, all interceptors or traps shall be maintained by the owner, at the owner's expense, in continuously efficient operation at all times. When the user fails to clean and/or maintain the interceptor or traps sufficiently, the Superintendent may, in his discretion, require the user to comply with a maintenance schedule established by the Superintendent through a discharge permit.

Specifications for grease, oil, and sand interceptors or traps shall be in accordance with Sections 711, 712, 713, of the Indiana Plumbing Rules, 1981 Edition (660 IAC 9, originally published as 4 IR 2398), which identifies, amends, and incorporates therein the Uniform Plumbing Code, 1979 Edition. Copies of the aforementioned rules, regulations, and codes adopted herein by reference are on file in the office of the Superintendent.

Section 12. Users of the sewage works shall immediately notify the Town of any unusual flows or wastes that are discharged accidentally or otherwise to the sanitary sewer system.

Section 13. No person shall maliciously, willfully, or negligently break, damage, uncover, deface, or tamper with any structure, appurtenance, or equipment that is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest.

Section 14.

(a) The Superintendent, Inspector, and other duly authorized employees and representatives of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, review of MSDS information, measurement, sampling, and testing in accordance with the provisions of this Ordinance. While performing any necessary work on private property referred to herein, the Superintendent, Inspector, and other duly authorized employees and representatives of the Town shall observe all reasonable safety rules applicable to the premises established by the owner.

(b) The Superintendent and other duly authorized employees and representatives of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a right of way or an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in accordance with the terms of the easement.

(c) Should any person deny, prohibit, interfere with, or otherwise stop or impede the entry onto any property pursuant to this Ordinance by the Superintendent, Inspector, or other duly authorized employees or representatives of the Town bearing proper credentials and identification, the Town shall be entitled to seek and secure an immediate temporary restraining order without notice, preliminary injunction, or injunction prohibiting such stoppage or blockage, and authorizing and permitting the entry desired by the Town. Any person causing such stoppage or blockage, or in any fashion aiding or abetting the same, shall be liable for all costs and expenses encountered by the Town in securing such entry, the same to include court costs, attorney fees, and reimbursement for administration and employee time and expense.

Section 15.

(a) Any person required by this Ordinance to install a building sewer and connect the same to a public sanitary sewer of the Town who fails to do so consistent with the notice provisions of Section 3(g) above shall be required to pay to the Town a civil fine of Five Hundred Dollars ($500.00). Additionally, any such person failing to install and connect such building sewer to the public sanitary sewer within the ninety (90) day notice provision aforedescribed, shall immediately from and after the passage of said ninety (90) days, become liable and responsible for the sewage rate charges established by the Town of Millersburg Sewer Rate Ordinance as would pertain to unmetered properties. The assessment of such sewer charges shall continue for each month from and after the commencement thereof until such time as the building sewer is properly installed and connected to the public sanitary sewer consistent with the provisions of this Ordinance. Any person failing to pay the Five Hundred Dollar ($500.00) civil fine herein stated, or failing to pay the sewer charges herein recited, shall be subject to all rights and remedies of the Town pertaining to failure to pay sewage charges, to include interest, penalties, attorney fees, and other costs of collection, all as set forth in the Town of Millersburg Sewer Rate ordinance.

(b) Any person found to be violating any provision of this Ordinance shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. In addition, the offender, upon conviction, shall be subject to a civil fine of up to Five Hundred Dollars ($500.00) for each violation with each day of violation constituting a separate offense.

(c) Any person who shall continue any violation beyond the time limit provided for in Section 15(a) or 15(b) shall be guilty of a further violation and on conviction thereof shall be fined in an amount not exceeding Two Thousand Five Hundred Dollars ($2,500.00) for each such violation. Each day in which any violation shall continue shall be deemed a separate offense under this subsection. For any continuing violation, the Town shall also be entitled to an injunction against the violator for the actions involved along with a shut off order allowing the Town to shut off the violator's supply of municipal water from the Town until all violations cease and are corrected.

(d) Any person violating any of the provisions of this Ordinance shall be liable to the Town for any expense, loss, or damage occasioned by the Town by reason of such violation, including but not limited to, the costs and expenses of locating the source of the violation, repairing any damage to the sewage works caused by such violation, attorney fees, court costs, sampling and laboratory costs, engineering fees, administrative time and expense, labor, and all other costs associated with enforcement and compliance with this Ordinance.

Section 16. Any person who believes himself aggrieved through a decision or action of the Superintendent in the administration of this Ordinance may appeal and seek review thereof before the Board.

Section 17. All ordinances or parts of ordinances in conflict herewith are repealed upon the effective date of this Ordinance. Prior Ordinance Number 1977-8 shall remain enforceable for violations which occur prior to the effective date of this Ordinance. The invalidity of any section, clause, sentence, or provision of this Ordinance shall not affect the validity of any other part of this Ordinance that can be given effect without such invalid part or parts. This Ordinance does not obviate or eliminate the necessity of complying with any other applicable federal, state, or local laws, rules, and regulations governing the matters regulated by this Ordinance.

Section 18. Subject to publication requirements, this Ordinance shall take effect on ____________, 2002.

RESOLUTION 2002-6

This is an amendment to Resolution 1994-15 adopted September 19th 1994 and Resolution 2000-03 adopted February 14th 2000.

BE IT RESOLVED by the Town Council of the Town of Millersburg, IN that the Clerk/Treasurer will keep a computerized ledger of Fixed Assets for capital expenditures in the amounts of $1000.00 and over.

ADOPTED THIS 25th DAY OF MARCH 2002.

ORDINANCE NUMBER 2002-7

AN ORDINANCE TO AMEND ORDINANCE NUMBER 2000-2 AS AMENDED BY ORDINANCE 1990-3, AS AMENDED BY ORDINANCE NUMBER 1994-18, SETTING FORTH REQUIREMENTS THAT SEPARATE RESIDENTIAL UNITS HAVE SEPARTATE WATER METERS AND SHUTOFFS AND PROVIDING A PROCEDURE FOR THE ENFORCEMENT AND COLLECTION OF DELINQUENT WATER AND SEWER SERVICE CHARGES

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, on March 13, 2000, the Millersburg Town Council amended Ordinance Number 1994-18 by Ordinance 2000-2, which Ordinance revised the collection and deferred payment charges previously set forth in Ordinance Number 1994-18; 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 fifteen (15) days from the due date thereof, as stated in such bills, shall be subject to collection of a deferred payment charge of ten (10%) if 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 of 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, shutoff 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 repaid, notifying the property owner and the utility customer that water service to all affected residential living units will be terminates 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. In the event of a renter the utility account with the Town of Millersburg shall be in the property owner’s name, but monthly billings may be sent to the renter at the discretion of the property owner. Each 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 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 account holder. At the time of the offset against such security deposit, the Town of Millersburg Water Utility shall notify the account holder and property owner if different by first class mail, postage prepaid, and shall require that the account holder increase the deposit to the full 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 account holder. 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 account holder shall also pay a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00) unless the account holder is no longer available for collection, whereupon the property owner shall be liable.

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 terms of this ordinance.

Section 6. Ordinance Number 2000-2 is hereby repealed by this Ordinance.

Section 7. This ordinance shall be effective upon passage by the Millersburg Town Council and publication in accordance with law.

ORDAINED AND ADOPTED this 22nd day of April, 2002.

ORDINANCE NO. 2002-8

AN ORDINANCE CREATING A EXCESS LEVY FUND

WHEREAS, Indiana Code § 6-1.1-18.5-17 requires a taxing unit to establish a special fund to be known as the unit’s Levy Excess Fund to deposit the portion of its levy that exceeds 102% of the unit’s ad valorem property tax levy for a calendar year; and

WHEREAS, the Millersburg Town Council is the fiscal body for the Town of Millersburg, Indiana;

NOW, THEREFORE, BE IT ORDERED, ESTABLISHED, AND ORDAINED by the Millersburg Town Council as follows:

1. LEVY EXCESS FUND. Pursuant to Indiana Code § 6-1.1-18.5-17, there is hereby established the Town of Millersburg Levy Excess Fund.

2. TRANSFER OF LEVY EXCESS. Following the passage of this Ordinance, the Millersburg Clerk-Treasurer shall hereafter transfer and deposit that part of the Town’s ad valorem property tax levy actually collected in any calendar year that exceeds 102% of the Town’s ad valorem property tax levy for that calendar year (the “levy excess”) to the Town of Millersburg Levy Excess Fund. Notwithstanding the foregoing, in the event that the levy excess for any calendar year is less than $100.00, no money shall be deposited in the Town of Millersburg Levy Excess Fund for that calendar year.

3. INVESTMENT OF FUND. The Town may invest money in the Town of Millersburg Levy Excess Fund in the same manner in which money in the Town’s general fund may be invested. However, any income derived from investment of the Levy Excess Fund shall be deposited in and become a part of the Levy Excess Fund.

4. APPROPRIATIONS. The Town of Millersburg Levy Excess Fund may not
be appropriated until the expenditure of the money has been included in a budget that has been approved by the State Board of Tax Commissioners under Indiana Code 6-1.1-17, except that the Town may transfer money from its Levy Excess Fund to other funds to reimburse those funds for amounts withheld as a result of refunds paid under Indiana Code 6-1.1-26. Subject to the limitations set forth in this paragraph and Indiana Code § 6-1.1-18.5-17, as such may be amended from time to time, the Town may use money in the Levy Excess Fund for any lawful purpose for which money in any of its other funds may be used.

5. EFFECTIVE DATE. This Ordinance shall be effective immediately upon its adoption.

ORDAINED AND ADOPTED this 13th day of May, 2002.

ORDINANCE 2002-9

ORDINANCE DESIGNATING PERSONNEL POLICIES, JOB DESCRIPTIONS, AND
RESPONSIBILITIES FOR THE TOWN OF MILLERSBURG EMPLOYEES

Whereas, the Town Council, of the Town of Millersburg, Indiana, desires to Implement the following, personnel polices, job descriptions, and responsibilities for the employees of Millersburg. This replaces Ordinance 2001-2

1. Employment

1.1 Hiring
The Town Council shall be responsible for the hiring of all town employees. The department heads shall have the responsibility of interviewing all job applicants for their respective departments, and shall bring their recommendations to the Town Council. The Town Council must approve appointments before hiring.

1.2 Termination
The department heads may terminate the employees of their respective departments with just cause. The Town Council may terminate the employment of a department head at any time with just cause. The department head may resign by giving the Town Council a thirty, (30) day notice of their intention to do so in writing. It is fully understood that the thirty, (30) day notice does not include any vacation or compensation time.

1.3 Nondiscrimination
It is the policy of the Town Council not to discriminate in employment or program services for reasons of race, color, sex, age, religion, national origin, or handicapping condition, in accordance with the American’s with Disabilities Act of 1990.

1.4 Political Affiliation
The political affiliation of any applicant shall not be considered in either employment or promotion in rank, grade, or position.

2. Drug-Free Workplace

2.1 Drug Free Workplace

The Town of Millersburg is committed to providing a drug-free workplace, and the Town of Millersburg expects the cooperation of all employees and a similar commitment from them. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace is prohibited. Any employee who violates this rule may be subject to discipline, up to and including termination. As a condition of employment, all employees must abide by this rule. In addition, any employee who is convicted of a drug statute violation arising out of conduct occurring in the workplace must notify the Town Council of such conviction with five, (5) days after the conviction.

2.2 Drug Abuse in the Workplace

2.2.1 The Town of Millersburg has an obligation to its employees and the general public to take reasonable and appropriate steps to prevent drug and alcohol abuse by its employees in or affecting the workplace. This policy is based in part on the Towns concern regarding the safety, health and welfare of its employees, their families, and the community at large as well as its legal obligations to conduct certain alcohol and drug testing pursuant to federal regulations.

2.2.2 Consistent with this commitment, the Town strictly prohibits:

a) The presence of employees on the job while under the influence of alcohol, illegal drugs, controlled substances, or other intoxicants;
b) The use, possession, transfer, or trafficking of alcohol, illegal drugs, controlled substances, or other intoxicants in any amount, in any manner, or at any time, either on Town premises or while conduction Town business other than for law enforcement purposes by duly recognized law enforcement officers;
c) The use of Town property, including Town vehicles, and telephones, or any employees position with the Town to make, transfer, or traffic alcohol, illegal drugs, controlled substances, and other intoxicants; and
d) Any other use, possession, transfer, or trafficking of alcohol, illegal drugs, controlled substances, or other intoxicants in a manner which has an adverse impact on the Town.
e) A person required to take a prescription drug, prescribed by a doctor will notify his/her supervisor prior to work of the situation. It will be the supervisors discretion and, or the Town Councils’ discretion as to if and when the person will report for work. Safety of the Community, Town Property and Persons will take president.

3. Work Schedule

3.1 Work Week

3.1.1 Police Department
A written schedule for each week shall be presented to the clerk-treasurer and each member of the Town Council prior to the date that the schedule is to start.

3.1.2 Street & Utilities Department
The normal work week for all employees shall be forty hours, to consist of five consecutive eight hour days, Monday through Friday, unless an emergency occurs, as defined by either the maintenance director, and utilities superintendent, or the Town Council.

3.2 Standard Work Day

3.2.1 Police Department
The standard workday shall be eight hours per shift, eight hours on duty. The marshal is to shuffle shifts so that the public can determine no set pattern. The standard workday includes meal breaks at the officer’s discretion.

3.2.2 Street & Utilities Department
Generally, the workday shall consist of eight working hours, 7:00 a.m. to 3:30 p.m. with two fifteen minute breaks and one thirty minute lunch break.

4. Wages and Overtime Compensation

4.1 Wages
Wages shall be determined at the time of the yearly budget planning and shall be set by ordinance by the Town Council at the first regular meeting of the calendar year. Employees shall receive their wages every other Friday.

4.2 Overtime Compensation
All employees shall be compensated for overtime worked at the rate of one and one-half hours of compensatory time, for every hour worked. The employee’s department head must authorize compensatory overtime.

4.3 Use of Compensatory Time
All employees will be allowed to use their compensatory time at the discretion of the Department Head and or Town Council. Department heads with more than one employee will make a good faith effort not to have one or more employees off on compensatory leave at the same time. Employee will not use more than 24 hours of compensatory leave at one time without prior approval of the Town Council.

4.4 Compensatory Time Limitations
All employees will be allowed to hold 80 hours of compensatory overtime on the books from month to month and year to year. Any compensatory overtime exceeding 80 hours not used by the end of each calendar month will be forfeited.
The Town Council has the right to extend the numbers of hours held over when circumstance deem this necessary, and would need to be approved by the Town Council each month, that time is extended.

4.5 Paid Overtime
There will be circumstances that will occur from time to time where the Town Council may wish to compensate an employee with paid overtime. This will be at the discretion of the Town Council on an individual basis and not required. The Town Council must approve all paid overtime.

5. Employee Benefits

5.1 Insurance
The Town of Millersburg intends to pay ninety-five percent (95%) of the premium for full-time employees and their families in 2001 for such health and life insurance as the Town of Millersburg shall have from time to time. The Town of Millersburg intends to pay ninety percent (90%) of such premiums in calendar year 2002, eighty-five percent (85%) in calendar year 2003, and eighty percent (80%) in calendar year 2004 and subsequent years, although the Town Council reserves the right, as with any policy, to amend this schedule from time to time. The employee shall pay the balance of any premium not paid by the Town of Millersburg. The Town of Millersburg currently pays for disability insurance in full for all full-time employees.

5.2 Uniforms – Police Department Only!
The cost of uniforms shall be paid for by the Town of Millersburg in an amount not to exceed the amount authorized by the budget.

5.3 Vacations
Full time employees shall be eligible for a paid vacation after one full year. The Town of Millersburg shall pay the employee at the regular hourly base rate. Each full time employee shall receive:

(1) Two weeks of paid vacation after one (1) full year of employment,
(2) Three weeks of paid vacation after eight (8) years of employment,
(3) Four weeks of paid vacation after seventeen (17) years of employment.

Vacations must be taken during the regular calendar year and cannot be accumulated, and/or carried forward to the following year. If the workload does not permit the use of all vacation, than the Town Council may approve the payment of vacation time at the end of the year. The department head and the Town Council must approve all vacations.

5.4 Holidays
The town of Millersburg shall pay employees for each of the designated holidays at their regular hourly base rate. When the holiday falls on a Sunday, the town shall grant the following Monday as the holiday. When the holiday falls on a Saturday, the town shall grant the proceeding Friday as the holiday. If the holiday occurs during a vacation, an additional day may be added to the vacation. Full time employees shall be granted eight (8) paid holidays per year as follows:

New Year’s Day	Good Friday
Memorial Day	Independence Day
Labor Day	Thanksgiving Day
Christmas Day	Floating Holiday

The floating holiday can be taken whenever an employee wishes. The department head and the Town Council must approve the day one (1) week prior. It shall be the responsibility of the Town Council to assure that no more than one town employee is taking a floating holiday on any given day. If any employee works on any holiday he shall be compensated at double time. No holidays shall be carried to the following calendar year.

5.5 Sick Leave
Each full-time employee shall be allowed two weeks (10 working days) sick leave, paid at the regular base rate of pay. Unused sick days shall not be carried forward to the following calendar year. Time taken off for illness or injury within the immediate family will be considered excused, but the employee will not be paid, in accordance with the family and Medical Leave Act of 1993. The employee can use the floating holiday for this situation, and the Town Council will have the authority to waive the one-week notification requirement in such situations. Sick days are to be used solely in the event of illness of, or injury to the employee, or to avoid exposing others to illness.
In order to qualify for sick leave pay, the employee must:

(a) Notify either the department head or the Town Council on the first day of the absence,
(b) After three (3) days of absence, be prepared to furnish proof of illness and or injury from a licensed physician or practitioner to support his/her claim.

5.6 Bereavement Leave
In the event of death in the immediate family, a full-time employee shall be allowed the following:

(a) Three (3) days absence with pay during the normal workweek at their regular hourly base rate if the death is a member of the employees’ immediate family. The immediate family includes: spouse, children, stepchildren living in the employee’s home, brothers and sisters (including in-laws), parents (including in-laws), grandchildren, and grandparents (including in-laws).

(b) Three (3) days excused absence without pay if the deceased is a stepparent, stepsister or brother, or a foster-child.

Additional time can be utilized with vacation or sick days upon approval of the Town Council, who may require a newspaper obituary notice or other proof of death.

5.7 Leave without pay
Employees who wish to take a leave without pay shall present their written request containing the reason and length of time to the Town Council for approval.

5.8 Court Time
The officer will be allowed to receive another day off:

(a) If it is the officers day off,
(b) If the Millersburg police officer is required to appear at any location by means of a request, from the prosecutor’s office, or a subpoena from the court,
(c) Either of which being related to a case the officer is involved in.

Employees called for jury duty, will be compensated by the town of Millersburg for the difference between the payments received for such compulsory jury duty or court appearance:

(a) If employees are subpoenaed to appear in court as a witness in a matter in which the town or state is a party.

5.9 Education
Cost of meals and overnight housing if necessary will be paid on receipt of receipts and a signed claim voucher provided to the clerk-treasurer. Mileage for the use of a personal car will be paid according to the current rate paid by Elkhart County. The Town Council must approve the attendance at the educational class and/or the use of a town vehicle for transportation. An employee attending any educational function paid for by the town where overnight lodging is required shall be paid a maximum of eight hours per day. This section includes elected officials, officials elect, appointed officials, and town employees.

5.10 Pension
The town of Millersburg will enroll every full-time employee in the Public Employees Retirement Fund (PERF) as governed by the State of Indiana.

6. Disciplinary Action
Employee misconduct and unsatisfactory work performance shall be grounds for disciplinary action. Disciplinary action taken by the department head or the Town Council includes verbal and written warnings, suspensions without pay, and termination of employment. Causes for disciplinary action include, but are not limited to the following:

6.1 Drinking alcohol or taking illegal drugs on the job, or arriving on the job under the influence of such substances.

6.2 Offensive language or conduct towards the public or other employees

6.3 Any violation of the law

6.4 Stealing or destruction of municipal property

6.5 Fighting on the job

6.6 Unexcused tardiness

6.7 Unexcused absences

6.8 Insubordination

6.9 Disreputable employee appearance

6.10 Failure to follow instructions or orders from a superior

6.11 Abusing or being wasteful of materials, property or working time

6.12 Any other offense defined by the council

7. Duties and responsibilities of town employees

7.1 Police Department

7.1.1 Town Marshal

7.1.1.1 The marshal is charged with executing the orders of the Town Council and with enforcing the ordinances of the town and the laws of the state and has the power and duty to serve all process issued by the Town Council. The marshal and appointed deputies must meet the state training requirements of the Law Enforcement Training Academy.

7.1.1.2 The marshal must reside within the town of Millersburg within three (3) months of employment.

7.1.1.3 The marshal will be required to attend all regular Town Council meetings and any other meeting required by the Town Council. The marshal will be paid at the regular hourly base rate for attending these meetings and is prohibited from taking his floating holiday on a regularly scheduled meeting date.

7.1.1.4 The marshal will be required to keep a current and accurate inventory of all police equipment and supplies. The marshal will provide a report of this inventory to the Town Council at the first meeting in the month of January.

7.1.1.5 All full-time officers are required to be on call 24 hours a day, 365 days a year, and shall carry a portable police radio and/or inform the Elkhart County Communication Center of their whereabouts at all times.

7.1.1.6 The marshal is required to compile and keep up to date a policy that governs his department. The Town Council must approve the department policy and any changes made to it prior to it becoming effective. The policy may not be inconsistent in any way with this ordinance.

7.1.2 Officer requirements

All officers of the Millersburg Police Department, must meet the state training requirements of the Law Enforcement Academy (IC 5-2-1), and shall meet the following minimum standards of physical, mental, and moral fitness:

7.1.2.1 A citizen of the United States of America

7.1.2.2 At least twenty-one (21) years of age

7.1.2.3 Officers’ weight shall be in proportion to height and build, per medical chart for entrance to the Indiana Law Enforcement Academy. Officer shall be physically able to perform routine law enforcement duties.

7.1.2.4 Officers shall process acuity of vision correctable to 20-20 in each eye. The officer shall have the ability to distinguish the colors of red, green, and amber.

7.1.2.5 Officers shall be free from any major impediments of the senses

7.1.2.6 All officers shall have graduated from high school as evidenced by a diploma issued by a high school accredited by the department or agency of any state authorized to accredit high schools. An equivalency diploma issued by such an accredited high school is acceptable.

7.1.2.7 Officers shall posses a valid driving license from the State of Indiana.

7.1.2.8 Officers shall be of good reputation and character

7.1.2.9 Officers shall not have been convicted of a felony or any crime involving moral turpitude.

7.1.2.10 A dishonorable discharge from military service shall disqualify any officer, and a discharge other than honorable may be grounds for rejection in accordance with standards.

7.1.2.11 A physician with an unlimited license to practice medicine shall examine all officers. The physician will aid in determining that he/she is physically, emotionally and mentally fit for normal police functions.

7.1.2.12 All officers of this department shall within the first year of employment successfully complete the minimal basic training course prescribed by the Indiana Law Enforcement Training Board.

7.1.3 Police Vehicles
The use of police vehicles is permitted only while the officer is on duty or on call and for the purpose of carrying out the officer’s police duties. Passengers, other than police officers and prisoners, must sign a waiver for the protection of the police officer and the town of Millersburg. The use of any police vehicle is not permitted outside the town limits for non-police related functions, except with permission of the Town Council.
The Town Council gives the Marshal the option to use his police vehicle for personal use and is not subject to the above policy.

7.1.4 Church Policy
If an officer is working on Sunday and wishes to attend church services, he/she will be allowed to do so if he first advises the dispatcher of his location and a telephone number where he can be reached in case of emergency.

7.2 Street, Sewer, and Water Departments

7.2.1 Superintendent of Wastewater and Water

7.2.1.1 Shall be on call 24 hours per day, 365 days per year, and shall be available for call by pager and/or his home phone or inform the Town Council of his whereabouts at all times.

7.2.1.2 Shall reside within the town of Millersburg within three, (3) months of employment.

7.2.1.3 Shall be required to attend all regularly scheduled Town Council meetings and any other meeting required by the Town Council. The superintendent will be paid at the regular straight time hourly base rate for attending these meetings and is prohibited from taking his floating holiday on a regularly scheduled meeting date.

7.2.1.4 Shall be responsible for the maintenance of all water and sewer equipment, and shall keep a current and accurate inventory of all such equipment, and will provide a report of this inventory to the Town Council at the first meeting in the month of January.

7.2.1.5 Shall be responsible for the operation of the water, and sewer departments.

7.2.1.6 Shall be responsible for the supervision of all employees (both hired and volunteers) involved in the operation of the water and sewer departments.

7.2.1.7 Shall be responsible for any other duty ordered by the Town Council.

7.2.1.8 Shall be responsible for giving the Town Council reports on the operations of each department.

7.2.2 The Water Department

7.2.2.1 Shall acquire needed licenses as defined by the Indiana Department of Environmental Management (I.D.E.M.) to wit: water treatment and distribution certifications.

7.2.2.2 Shall acquire the necessary additional training specified by federal, state, or local laws in order to insure proper operation and maintenance of the water department.

7.2.2.3 Shall insure that the water department remains current and up to date on all policies and changes as outlined by federal and/or state regulatory agencies.

7.2.2.4 Shall make all needed tests and submit all samples as required by federal and/or state regulatory agencies.

7.2.2.5 Shall submit all reports required by law.

7.2.2.6 Shall maintain all records and maps as required by federal and/or state regulatory agencies and the Town Council.

7.2.2.7 Shall take regular meter readings as required by town ordinance with assistance of one employee from the street department.

7.2.2.8 Shall make all necessary meter installations and changes.

7.2.2.9 Shall insure proper maintenance of wells, pumps, hydrants, chlorinator, lawns, and any other property or equipment related to the operation of the water department with assistance of one employee from the street department.

7.2.2.10 Shall perform hydrant flushings as needed with assistance of one employee from the street department.

7.2.2.11 Shall make all water taps as required with assistance of one employee from the street department.

7.2.2.12 Shall maintain and repair the distribution system with assistance of one employee from the street department.

7.2.2.13 Shall work with the clerk-treasurer as necessary to insure continued operation.

7.2.2.14 Shall, to the best of their ability, insure that water
Ordinances are followed and all known violations are either corrected or brought to the attention of the Town Council.

7.2.2.15 Shall keep a current and accurate inventory of equipment and supplies.

7.2.2.16 Shall prepare all required equipment specifications.

7.2.3 The Sewer Department

7.2.3.1 Shall acquire needed licenses as defined by the Indiana Department of Environmental Management (I.D.E.M.) to wit: Class 1 wastewater treatment plant operator.

7.2.3.2 Shall acquire the necessary additional training specified by the Indiana Department of Environmental Management and the Town Council in order to insure proper operation and maintenance of the sewer department.

7.2.3.3 Shall insure the sewer department remains current and up to date on all policies and changes as outlined by federal and/or state regulatory agencies.

7.2.3.4 Shall make all needed tests as required by federal and/or state regulatory agencies.

7.2.3.5 Shall submit all reports as required by law

7.2.3.6 Shall maintain all records and maps as required by the Indiana Department of Environmental Management, the Environmental Protection Agency, and the Town Council.

7.2.3.7 Shall install all taps and inspect all laterals with assistance of one other employ with assistance of one other town employee.

7.2.3.8 Shall work with the clerk-treasurer as necessary to insure continuous operation.

7.2.3.9 Shall, to the best of their ability, insure that sewer ordinances are followed and all known violations are either corrected or brought to the attention of the Town Council.

7.2.3.10 Shall maintain and repair collection systems,
lift stations, man-holes, the treatment plant, and all other property and items pertaining to the sewer department with assistance of one other town employee.

7.2.3.11 Shall keep a current and accurate inventory of all
equipment and supplies.

7.2.3.12 Shall prepare all required equipment specifications.

7.2.4 The Street Department

7.2.4.1 Shall sweep streets and alleys as needed.

7.2.4.2 Shall patch streets and alleys as needed.

7.2.4.3 Shall remove snow from streets and alleys as needed.

7.2.4.4 Shall spread salt and/or sand where and when necessary.

7.2.4.5 Shall erect, maintain, and repair street signs.

7.2.4.6 Shall observe street lights for malfunction, and repair as necessary.

7.2.4.7 Shall grade alleys as needed.

7.2.4.8 Shall re-gravel alleys and brims as needed.

7.2.4.9 Shall mow all town properties except the parks.

7.2.4.10 Shall paint curbs as necessary

7.2.4.11 Shall prepare street bids.

7.2.4.12 Shall control weeds

7.2.4.13 Shall prepare equipment specifications as required

7.2.4.14 Shall maintain all equipment related to the operations of the street department and assist with equipment of other departments.

7.2.4.15 Shall keep a current and accurate inventory of all
equipment, vehicles, and supplies pertaining to the street department.

7.2.4.16 Shall maintain all buildings owned by the Town of Millersburg.

7.2.5 Employee Responsibilities

7.2.5.1 All employees shall be willing and able to assist in the operation of the water, sewer, and street departments.

7.2.5.2 All employees shall be able to work eight hours per day, forty hours per week unless asked to alter their schedule by the department head or the Town Council.

7.2.5.3 All employees shall be able to operate all town maintenance equipment in a satisfactory manner.

7.2.5.4 No employee shall make any purchase on behalf of the department without the express permission of the department head or the Town Council.

7.2.5.5 All employees shall reside within five miles of the town of Millersburg within 3 months of employment, unless given a waiver by the Town Council.

7.5 All Town Employees

7.5.1 All employees shall abide by the items in this ordinance with no exceptions, other than those specifically granted by the Town Council.

7.5.2 Any employee who wishes to register a complaint about another employee, shall do so only in writing and to the Town Council. The complaint must include specific instances of wrongdoing, citing the town ordinance, or state, or federal law which has been violated, and the date of the violation. The Town Council may require proof of wrongdoing before any action is taken.

7.5.3 All employees shall act with civility toward other employees and town officials, and shall not raise their voice or act disrespectful toward anyone while on duty.

7.5.4 All employees understand that they will be held accountable for all their actions while on town time, and their actions toward other town employees and town officials at all times. This accountability may include but is not necessarily limited to suspension without pay or termination either of which is the decision of the town council. In the event of an emergency, whereby the town council has not met in quorum to discuss the employee’s actions any member of the council may suspend with pay any employee until the council has held an executive meeting to determine a final decision. For non-emergency matters, an executive session will be scheduled and the town council in quorum will discuss the employee’s actions and determine a final decision. In either case, this final decision may include but is not necessarily limited to, employee returning to duty, suspension without pay or termination.

The Town Council shall be responsible for the administration of all provisions outlined in the “Personnel Policy, Job Description, and Responsibilities Ordinance”. The Town Council may adopt, amend, or rescind written administrative procedures consistent with this ordinance.

Adopted by the Millersburg Town Council on the 13th day of May 2002.

ORDINANCE 2002-10

ORDINANCE DESIGNATING PERSONNEL POLICIES, JOB DESCRIPTIONS, AND
RESPONSIBILITIES FOR THE TOWN OF MILLERSBURG EMPLOYEES

Whereas, the Town Council, of the Town of Millersburg, Indiana, desires to implement the following, personnel polices, job descriptions, and responsibilities for the employees of Millersburg. This replaces Ordinance 2002-9

1. Employment

1.1 Hiring
The Town Council shall be responsible for the hiring of all town employees. The department heads shall have the responsibility of interviewing all job applicants for their respective departments, and shall bring their recommendations to the Town Council. The Town Council must approve appointments before hiring.

1.2 Termination
The department heads may terminate the employees of their respective departments with just cause. The Town Council may terminate the employment of a department head at any time with just cause. The department head may resign by giving the Town Council a thirty, (30) day notice of their intention to do so in writing. It is fully understood that the thirty, (30) day notice does not include any vacation or compensation time.

1.3 Nondiscrimination
It is the policy of the Town Council not to discriminate in employment or program services for reasons of race, color, sex, age, religion, national origin, or handicapping condition, in accordance with the American’s with Disabilities Act of 1990.

1.4 Political Affiliation
The political affiliation of any applicant shall not be considered in either employment or promotion in rank, grade, or position.

2. Drug-Free Workplace

2.1 The Town of Millersburg is committed to providing a drug-free workplace, and the Town of Millersburg expects the cooperation of all employees and a similar commitment from them. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace is prohibited. Any employee who violates this rule may be subject to discipline, up to and including termination. As a condition of employment, all employees must abide by this rule. In addition, any employee who is convicted of a drug statute violation arising out of conduct occurring in the workplace must notify the Town Council of such conviction with five, (5) days after the conviction.

2.2 Drug Abuse in the Workplace

2.2.1 The Town of Millersburg has an obligation to its employees and the general public to take reasonable and appropriate steps to prevent drug and alcohol abuse by its employees in or affecting the workplace. This policy is based in part on the Towns concern regarding the safety, health and welfare of its employees, their families, and the community at large as well as its legal obligations to conduct certain alcohol and drug testing pursuant to federal regulations.

2.2.2 Consistent with this commitment, the Town strictly prohibits:

a) The presence of employees on the job while under the influence of alcohol, illegal drugs, controlled substances, or other intoxicants;
b) The use, possession, transfer, or trafficking of alcohol, illegal drugs, controlled substances, or other intoxicants in any amount, in any manner, or at any time, either on Town premises or while conduction Town business other than for law enforcement purposes by duly recognized law enforcement officers;
c) The use of Town property, including Town vehicles, and telephones, or any employees position with the Town to make, transfer, or traffic alcohol, illegal drugs, controlled substances, and other intoxicants; and
d) Any other use, possession, transfer, or trafficking of alcohol, illegal drugs, controlled substances, or other intoxicants in a manner which has an adverse impact on the Town.
e) A person required to take a prescription drug, prescribed by a doctor will notify his/her supervisor prior to work of the situation. It will be the supervisors discretion and, or the Town Councils’ discretion as to if and when the person will report for work. Safety of the Community, Town Property and Persons will take president.

3. Work Schedule

3.1 Work Week

3.1.1 Police Department
A written schedule for each week shall be presented to the clerk-treasurer and each member of the Town Council prior to the date that the schedule is to start.

3.1.2 Street & Utilities Department
The normal work week for all employees shall be forty hours, to consist of five consecutive eight hour days, Monday through Friday, unless an emergency occurs, as defined by either the maintenance director, and utilities superintendent, or the Town Council.

3.2 Standard Work Day

3.2.1 Police Department
The standard workday shall be eight hours per shift, eight hours on duty. The marshal is to shuffle shifts so that the public can determine no set pattern. The standard workday includes meal breaks at the officer’s discretion.

3.2.2 Street & Utilities Department
Generally, the workday shall consist of eight working hours, 7:00 a.m. to 3:30 p.m. with two fifteen minute breaks and one thirty minute lunch break.

4. Wages and Overtime Compensation

4.1 Wages
Wages shall be determined at the time of the yearly budget planning and shall be set by ordinance by the Town Council at the first regular meeting of the calendar year. Employees shall receive their wages every other Friday.

4.2 Overtime Compensation
All employees shall be compensated for overtime worked at the rate of one and one-half hours of compensatory time, for every hour worked. The employee’s department head must authorize compensatory overtime.

4.3 Use of Compensatory Time
All employees will be allowed to use their compensatory time at the discretion of the Department Head and or Town Council. Department heads with more than one employee will make a good faith effort not to have one or more employees off on compensatory leave at the same time. Employee will not use more than 24 hours of compensatory leave at one time without prior approval of the Town Council.

4.4 Compensatory Time Limitations
All employees will be allowed to hold 80 hours of compensatory overtime on the books from month to month and year to year. Any compensatory overtime exceeding 80 hours not used by the end of each calendar month will be forfeited.
The Town Council has the right to extend the numbers of hours held over when circumstance deem this necessary, and would need to be approved by the Town Council each month, that time is extended.

4.5 Paid Overtime
There will be circumstances that will occur from time to time where the Town Council may wish to compensate an employee with paid overtime. This will be at the discretion of the Town Council on an individual basis and not required. The Town Council must approve all paid overtime.

5. Employee Benefits

5.1 Insurance
The Town of Millersburg intends to pay ninety-five percent (95%) of the premium for full-time employees and their families in 2001 for such health and life insurance as the Town of Millersburg shall have from time to time. The Town of Millersburg intends to pay ninety percent (90%) of such premiums in calendar year 2002, eighty-five percent (85%) in calendar year 2003, and eighty percent (80%) in calendar year 2004 and subsequent years, although the Town Council reserves the right, as with any policy, to amend this schedule from time to time. The employee shall pay the balance of any premium not paid by the Town of Millersburg. The Town of Millersburg currently pays for disability insurance in full for all full-time employees.

5.2 Uniforms – Police Department Only!
The cost of uniforms shall be paid for by the Town of Millersburg in an amount not to exceed the amount authorized by the budget.

5.3 Vacations
Full time employees shall be eligible for a paid vacation after one full year. The Town of Millersburg shall pay the employee at the regular hourly base rate. Each full time employee shall receive:

(1) Two weeks of paid vacation after one (1) full year of employment,
(2) Three weeks of paid vacation after eight (8) years of employment,
(3) Four weeks of paid vacation after seventeen (17) years of employment.

Vacations must be taken during the regular calendar year and cannot be accumulated, and/or carried forward to the following year. If the workload does not permit the use of all vacation, than the Town Council may approve the payment of vacation time at the end of the year. The department head and the Town Council must approve all vacations.

5.4 Holidays
The town of Millersburg shall pay employees for each of the designated holidays at their regular hourly base rate. When the holiday falls on a Sunday, the town shall grant the following Monday as the holiday. When the holiday falls on a Saturday, the town shall grant the proceeding Friday as the holiday. If the holiday occurs during a vacation, an additional day may be added to the vacation. Full time employees shall be granted eight (8) paid holidays per year as follows:

New Year’s Day	Good Friday
Memorial Day	Independence Day
Labor Day	Thanksgiving Day
Christmas Day	Floating Holiday

The floating holiday can be taken whenever an employee wishes. The department head and the Town Council must approve the day one (1) week prior. It shall be the responsibility of the Town Council to assure that no more than one town employee is taking a floating holiday on any given day. If any employee works on any holiday he shall be compensated at double time. No holidays shall be carried to the following calendar year.

5.5 Sick Leave
Each full-time employee shall be allowed two weeks (10 working days) sick leave, paid at the regular base rate of pay. Unused sick days shall not be carried forward to the following calendar year. Time taken off for illness or injury within the immediate family will be considered excused, but the employee will not be paid, in accordance with the family and Medical Leave Act of 1993. The employee can use the floating holiday for this situation, and the Town Council will have the authority to waive the one-week notification requirement in such situations. Sick days are to be used solely in the event of illness of, or injury to the employee, or to avoid exposing others to illness.
In order to qualify for sick leave pay, the employee must:

(a) Notify either the department head or the Town Council on the first day of the absence,
(b) After three (3) days of absence, be prepared to furnish proof of illness and or injury from a licensed physician or practitioner to support his/her claim.

5.6 Bereavement Leave
In the event of death in the immediate family, a full-time employee shall be allowed the following: (a) Three (3) days absence with pay during the normal workweek at their regular hourly base rate if the death is a member of the employees’ immediate family. The immediate family includes: spouse, children, stepchildren living in the employee’s home, brothers and sisters (including in-laws), parents (including in-laws), grandchildren, and grandparents (including in-laws). (b) Three (3) days excused absence without pay if the deceased is a stepparent, stepsister or brother, or a foster-child.
Additional time can be utilized with vacation or sick days upon approval of the Town Council, who may require a newspaper obituary notice or other proof of death.

5.7 Leave without pay
Employees who wish to take a leave without pay shall present their written request containing the reason and length of time to the Town Council for approval.

5.8 Court Time
The officer will be allowed to receive another day off:

(a) If it is the officers day off,
(b) If the Millersburg police officer is required to appear at any location by means of a request, from the prosecutor’s office, or a subpoena from the court,
(c) Either of which being related to a case the officer is involved in.

Employees called for jury duty, will be compensated by the town of Millersburg for the difference between the payment received for such compulsory jury duty or court appearance:

(a) If employees are subpoenaed to appear in court as a witness in a matter in which the town or state is a party.

5.9 Education
Cost of meals and overnight housing if necessary will be paid on receipt of receipts and a signed claim voucher provided to the clerk-treasurer. Mileage for the use of a personal car will be paid according to the current rate paid by Elkhart County. The Town Council must approve the attendance at the educational class and/or the use of a town vehicle for transportation. An employee attending any educational function paid for by the town where overnight lodging is required shall be paid a maximum of eight hours per day. This section includes elected officials, officials elect, appointed officials, and town employees.

5.10 Pension
The town of Millersburg will enroll every full-time employee in the Public Employees Retirement Fund (PERF) as governed by the State of Indiana.

6. Disciplinary Action
Employee misconduct and unsatisfactory work performance shall be grounds for disciplinary action. Disciplinary action taken by the department head or the Town Council includes verbal and written warnings, suspensions without pay, and termination of employment. Causes for disciplinary action include, but are not limited to the following:

6.1 Drinking alcohol or taking illegal drugs on the job, or arriving on the job under the influence of such substances.

6.2 Offensive language or conduct towards the public or other employees

6.3 Any violation of the law

6.4 Stealing or destruction of municipal property

6.5 Fighting on the job

6.6 Unexcused tardiness

6.7 Unexcused absences

6.8 Insubordination

6.9 Disreputable employee appearance

6.10 Failure to follow instructions or orders from a superior

6.11 Abusing or being wasteful of materials, property or working time

6.12 Any other offense defined by the council

7. Duties and responsibilities of town employees

7.1 Police Department

7.1.1 Town Marshal

7.1.1.1 The marshal is charged with executing the orders of the Town Council and with enforcing the ordinances of the town and the laws of the state and has the power and duty to serve all process issued by the Town Council. The marshal and appointed deputies must meet the state training requirements of the Law Enforcement Training Academy.

7.1.1.2 The marshal must reside within the town of Millersburg within three (3) months of employment.

7.1.1.3 The marshal will be required to attend all regular Town Council meetings and any other meeting required by the Town Council. The marshal will be paid at the regular hourly base rate for attending these meetings and is prohibited from taking his floating holiday on a regularly scheduled meeting date.

7.1.1.4 The marshal will be required to keep a current and accurate inventory of all police equipment and supplies. The marshal will provide a report of this inventory to the Town Council at the first meeting in the month of January.

7.1.1.5 All full-time officers are required to be on call 24 hours a day, 365 days a year, and shall carry a portable police radio and/or inform the Elkhart County Communication Center of their whereabouts at all times.

7.1.1.6 The marshal is required to compile and keep up to date a policy that governs his department. The Town Council must approve the department policy and any changes made to it prior to it becoming effective. The policy may not be inconsistent in any way with this ordinance.

7.1.2 Officer requirements

All officers of the Millersburg Police Department must meet the state training requirements of the Law Enforcement Academy (IC 5-2-1), and shall meet the following minimum standards of physical, mental, and moral fitness:

7.1.2.1 A citizen of the United States of America

7.1.2.2 At least twenty-one (21) years of age

7.1.2.3 Officers’ weight shall be in proportion to height and build, per medical chart for entrance to the Indiana Law Enforcement Academy. Officer shall be physically able to perform routine law enforcement duties.

7.1.2.4 Officers shall process acuity of vision correctable to 20-20 in each eye. The officer shall have the ability to distinguish the colors of red, green, and amber.

7.1.2.5 Officers shall be free from any major impediments of the senses

7.1.2.6 All officers shall have graduated from high school as evidenced by a diploma issued by a high school
Accredited by the department or agency of any state authorized to accredit high schools. An equivalency diploma issued by such an accredited high school is acceptable.

71.2.7 Officers shall posses a valid driving license from the State of Indiana.

7.1.2.8 Officers shall be of good reputation and character

7.1.2.9 Officers shall not have been convicted of a felony or any crime involving moral turpitude.

7.1.2.10 A dishonorable discharge from military service shall disqualify any officer, and a discharge other than honorable may be grounds for rejection in accordance with standards.

7.1.2.11 A physician with an unlimited license to practice medicine shall examine all officers. The physician will aid in determining that he/she is physically, emotionally and mentally fit for normal police functions.

7.1.2.12 All officers of this department shall within the first year of employment successfully complete the minimal basic training course prescribed by the Indiana Law Enforcement Training Board.

7.1.3 Police Vehicles
The use of police vehicles is permitted only while the officer is on duty or on call and for the purpose of carrying out the officer’s police duties. Passengers, other than police officers and prisoners, must sign a waiver for the protection of the police officer and the town of Millersburg. The use of any police vehicle is not permitted outside the town limits for non-police related functions, except with permission of the Town Council.
The Town Council gives the Marshal the option to use his police vehicle for personal use and is not subject to the above policy.

7.1.4 Church Policy
If an officer is working on Sunday and wishes to attend church services, he/she will be allowed to do so if he first advises the dispatcher of his location and a telephone number where he can be reached in case of emergency.

7.2 Water, Wastewater and Street Departments

7.2.1 Superintendent of Wastewater and Water

7.2.1.1 Shall be on call 24 hours per day, 365 days per year, and shall be available for call by pager and/or his home phone or inform the Town Council of his whereabouts at all times.

7.2.1.2 Shall be required to attend all regularly scheduled Town Council meetings and any other meeting required by the Town Council. The superintendent will be paid at the regular straight time hourly base rate for attending these meetings and is prohibited from taking his floating holiday on a regularly scheduled meeting date.

7.2.1.3 Shall be responsible for the maintenance of all water and sewer equipment, and shall keep a current and accurate inventory of all such equipment, and will provide a report of this inventory to the Town Council at the first meeting in the month of January.

7.2.1.4 Shall be responsible for the operation of the water and wastewater departments.

7.2.1.5 Shall be responsible for the supervision of all employees (both hired and volunteers) involved in the operation of the water and wastewater departments.

7.2.1.6 Shall be responsible for any other duty ordered by the Town Council.

7.2.1.7 Shall be responsible for giving the Town Council reports on the operations of each department.

7.2.2 The Water Department

7.2.2.1 Shall acquire needed licenses as defined by the Indiana Department of Environmental Management (I.D.E.M.) to wit: water treatment and distribution certifications.

7.2.2.2 Shall acquire the necessary additional training specified by federal, state, or local laws in order to insure proper operation and maintenance of the water department.

7.2.2.3 Shall insure that the water department remains current and up to date on all policies and changes as outlined by federal and/or state regulatory agencies.

7.2.2.4 Shall make all needed tests and submit all samples as required by federal and/or state regulatory agencies.

7.2.2.5 Shall submit all reports required by law.

7.2.2.6 Shall maintain all records and maps as required by federal and/or state regulatory agencies and the Town Council.

7.2.2.7 Shall take regular meter readings as required by town ordinance with assistance of one employee from the street department.

7.2.2.8 Shall make all necessary meter installations and changes with assistance of at least one employee from the street department.

7.2.2.9 Shall insure proper maintenance of wells, pumps, hydrants, chlorinator and any other property or equipment related to the operation of the water department with assistance of at least one employee from the street department.

7.2.2.10 Shall perform hydrant-flushing as needed with assistance of at least one employee from the street department.

7.2.2.11 Shall make all water taps as required with assistance of at least one employee from the street department.

7.2.2.12 Shall maintain and repair the distribution system with assistance of at least one employee from the street department.

7.2.2.13 Shall work with the clerk-treasurer as necessary to insure continued operation.

7.2.2.14 Shall, to the best of their ability, insure that water ordinances are followed and all known violations are either corrected or brought to the attention of the Town Council.

7.2.2.15 Shall keep a current and accurate inventory of equipment and supplies.

7.2.2.16 Shall prepare all required equipment specifications.

7.2.3 The Wastewater Department

7.2.3.1 Shall acquire needed licenses as defined by the Indiana Department of Environmental Management (I.D.E.M.) to wit: Class 1 wastewater treatment plant operator.

7.2.3.2 Shall acquire the necessary additional training specified by the Indiana Department of Environmental Management and the Town Council in order to insure proper operation and maintenance of the wastewater department.

7.2.3.3 Shall insure the wastewater department remains current and up to date on all policies and changes as outlined by federal and/or state regulatory agencies.

7.2.3.4 Shall make all needed tests as required by federal and/or state regulatory agencies.

7.2.3.5 Shall submit all reports as required by law.

7.2.3.6 Shall maintain all records and maps as required by the Indiana Department of Environmental Management, the Environmental Protection Agency, and the Town Council.

7.2.3.7 Shall install all taps and inspect all laterals with assistance of at least one employee from the street department.

7.2.3.8 Shall work with the clerk-treasurer as necessary to insure continuous operation.

7.2.3.9 Shall, to the best of their ability, insure that sewer ordinances are followed and all known violations are either corrected or brought to the attention of the Town Council.

7.2.3.10 Shall maintain and repair collection systems, lift stations, man-holes, the treatment plant, and all other property and items pertaining to the wastewater department with of at least one employee from the street department.

7.2.3.11 Shall keep a current and accurate inventory of all
equipment and supplies.

7.2.3.12 Shall prepare all required equipment specifications.

7.2.4 The Street Department

7.2.4.1 Shall sweep streets and alleys as needed.

7.2.4.2 Shall patch streets and alleys as needed.

7.2.4.3 Shall remove snow from streets and alleys as needed.

7.2.4.4 Shall spread salt and/or sand where and when necessary.

7.2.4.5 Shall erect, maintain, and repair street signs.

7.2.4.6 Shall observe street lights for malfunction, and repair as necessary.

7.2.4.7 Shall grade alleys as needed.

7.2.4.8 Shall re-gravel alleys and brims as needed.

7.2.4.9 Shall mow all town properties except the parks.

7.2.4.10 Shall paint curbs as necessary.

7.2.4.11 Shall prepare street bids.

7.2.4.12 Shall control weeds.

7.2.4.13 Shall prepare equipment specifications as required.

7.2.4.14 Shall maintain all equipment related to the operations of the street department and assist with equipment of other departments.

7.2.4.15 Shall keep a current and accurate inventory of all equipment, vehicles, and supplies pertaining to the street department.

7.2.4.16 Shall maintain all buildings owned by the Town of Millersburg.

7.2.5 Employee Responsibilities

7.2.5.1 All employees shall be willing and able to assist in the operation of the water, wastewater, police and street departments.

7.2.5.2 All employees shall be able to work eight hours per day, forty hours per week unless asked to alter their schedule by the department head or the Town Council.

7.2.5.3 All employees shall be able to operate all town maintenance equipment in a satisfactory manner.

7.2.5.4 No employee shall make any purchase on behalf of the department without the express permission of the department head or the Town Council.

7.2.5.5 All employees shall reside within five miles of the town of Millersburg within 3 months of employment, unless given a waiver by the Town Council.

7.5 All Town Employees

7.5.1 All employees shall abide by the items in this ordinance with no exceptions, other than those specifically granted by the Town Council.

7.5.2 Any employee who wishes to register a complaint about another employee shall do so only in writing and to the Town Council. The complaint must include specific instances of wrongdoing, citing the town ordinance, or state, or federal law which has been violated, and the date of the violation. The Town Council may require proof of wrongdoing before any action is taken.

7.5.3 All employees shall act with civility toward other employees and town officials, and shall not raise their voice or act disrespectful toward anyone while on duty.

7.5.4 All employees understand that they will be held accountable for all their actions while on town time, and their actions toward other town employees and town officials at all times. This accountability may include but is not necessarily limited to suspension without pay or termination either of which is the decision of the town council. In the event of an emergency, whereby the town council has not met in quorum to discuss the employee’s actions any member of the council may suspend with pay any employee until the council has held an executive meeting to determine a final decision. For non-emergency matters, an executive session will be scheduled and the town council in quorum will discuss the employee’s actions and determine a final decision. In either case, this final decision may include but is not necessarily limited to, employee returning to duty, suspension without pay or termination.

The Town Council shall be responsible for the administration of all provisions outlined in the “Personnel Policy, Job Description, and Responsibilities Ordinance”. The Town Council may adopt, amend, or rescind written administrative procedures consistent with this ordinance.

Adopted by the Millersburg Town Council on the 22nd day of July 2002.

RESOLUTION 2002-11

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, INDIANA,
AUTHORIZING THE SUBMITTAL OF THE CFF PLANNING GRANT APPLICATION
TO THE INDIANA DEPARTMENT OF COMMERCE AND ADDRESSING RELATED MATTERS

WHEREAS, the Council of the Town of Millersburg, Indiana recognizes the need to stimulate growth and to maintain a sound economy within its corporate limits: and

WHEREAS, the Housing and Community Development Act of 1974, as amended, authorizes the Indiana Department of Commerce to provide grants to local units of government to meet the housing and community development needs of low and moderate income persons: and

WHEREAS, the Town of Millersburg, Indiana has conducted or will conduct public hearings prior to the submission of an application to the Indiana Department of Commerce, said public hearings to assess the housing, public facilities and economic needs of its low and moderate income residents:

NOW, THEREFORE, BE IT RESOLVED by the Council of Millersburg, Indiana that:

1. The Town Council President is authorized to prepare and submit an application for grant funding to address a study of the town’s current storm water and wastewater treatment and collection systems, and to execute and administer a resultant grant including requisite general administration and project management, contracts and agreements pursuant to regulations of the Indiana Department of Commerce and the United States Department of Housing and Urban Development.

2. The Town of Millersburg, Indiana hereby commits the requisite local funds in the amount of Four thousand four hundred dollars ($4,400.00), in the form of cash, as matching funds for said program, such commitment to be contingent upon receipt of CFF funding from the Indiana Department of Commerce.

Adopted by the Town Council of the Town of Millersburg, Indiana this 22nd day of July 2002 at 7:00 p.m.

ORDINANCE 2002-12

FAIR HOUSING ORDINANCE

WHEREAS, in accordance with the Civil Rights Act of 1968, as amended, the Housing and Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1, et .Seq., the following provisions are necessary and appropriate to prevent discrimination in the area of housing because of race, color, religion, sex, handicap, familial status, or national origin:

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE Town of Millersburg, Indiana, AS FOLLOWS:

Section 1 Policy Statement

It shall be the policy of the Town of Millersburg to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1 et. seq.

Section 2 Definitions

The definitions set forth in this Section shall apply throughout this Ordinance:

A. Dwelling means any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one (1) or more families (I.C. 22-9.5-2-8).

B. Family includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined in subsection (H) of this Section.

C. Person (I.C. 22-9.5-2-11), includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries.

D. To Rent (I.C. 22-9.5-2-13), includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant.

E. Discriminatory Housing Practice means an act that is unlawful under Sections 4,5,6,7 or 8 of this Ordinance or I.C. 22-9.5-5.

F. Handicap means, with respect to a person:

1. a physical or mental impairment which substantially limits one or more of such person’s major life activities.

2. a record of having such an impairment, or

3. being regarded as having such an impairment.

4. an impairment described or defined pursuant to the Federal Americans with Disabilities Act of 1990.

5. any other impairment defined under I.C. 22-9.5-2-10.

The term handicap shall not include current illegal use of or addictions to a controlled substance as defined in Section 802 of Title 21 of the United States Code (I.C. 22-9.5-2-10(b); nor does the term handicap include an individual solely because that individual is a transvestite (I.C. 22-9.5-2-10(c).

G. Aggrieved Person includes any person who (I.C. 22-9.5-2-2):

1. claims to have been injured by a discriminatory housing practice; or

2. believes that such person will be injured by a discriminatory housing practice that is about to occur.

H. Familial Status means one or more individuals who have not attained the age of 18 years being domiciled with:

1. a parent or another person having legal custody of such individual or the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

I. Commission (I.C. 22-9.5-2-3) means the Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4, et. seq.

J. Complainant (I.C. 22-9.5-2-4) means a person, including the Commission, who files a complaint under I.C. 22-9.5-6.

Section 3 Unlawful Practice

Subject to the provisions of subsection (B) of this Section, Section 9 of this Ordinance and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination in the sale or rental of housing set forth Title 22-9.5-5-1 of Indiana Code and in Section 4 of this Ordinance shall apply to:

A. All dwellings except as exempted by subsection (B) and Title 22-9.5-3 of Indiana Code.

B. Other than the provisions of subsection (C )of this Section, nothing in Section 4 shall apply to:

1. Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single family house by a private individual owner not residing in the house at the time of sale or exemption shall apply to one such sale within any twenty-four (24) month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single family house shall be excepted from application of this section only if such house is sold or rented:

a. without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person and

b. without the publication, posting, or mailing after notice of advertisement or written notice in violation of Section 4(C) of this Ordinance, but noting in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title

2. rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

C. For the purposes of subsection (B), a person shall be deemed to be in the business of selling or renting dwellings if:

1. he has, within the preceding twelve (12) months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

2. he has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

3. he is the owner of any dwelling unit designed or intended for occupancy by, or occupied by five (5) or more families.

Section 4 Discrimination in the Sale or Rental of Housing

As made applicable by Section 3 and except as exempted by Section 3(B) and 9, it shall be unlawful:

A. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin.

B. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services of facilities in connection therewith, because of race, color, religion, sex, handicap, familial status, or national origin.

C. To make, print or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination.

D. To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

E. For profit, to induce or attempt to induct any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.

1. To discriminate in the sale or rental, or to otherwise make unavailable or deny, dwelling
to any buyer or renter because of a handicap of:

a. that buyer or renter;

b. a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available: or

c. any person associated with that person.

2. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of:

a. that person; or

b. a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c. any person associated with that person.

3. For purposes of this subsection, discrimination includes:

a. a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted;

b. a refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

c. in connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1998, a failure to design and construct those dwellings in such a manner that;

i. the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

ii. all doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

iii. all premises within such dwellings contain the following features of adaptive design:

1. an accessible route into and through the dwelling;

2. light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

3. reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space.

4. Compliance with the appropriate requirement Americans with Disabilities Act of 1990 and of the American National Standard of Buildings and Facilities providing accessibility an usability for physically handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of paragraph (3) (C) (iii).

5. Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health of safety of other individuals of whose tenancy would result in substantial physical damage to the property of others.

Section 5 Discrimination in Residential Real Estate-Related Transactions

A. It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.

B. As used in this section, the term residential real estate-related transaction means any of the following:

1. The making or purchasing of loans or providing other financial assistance:

a. for purchasing, constructing, improving, repairing, or maintaining a dwelling; or

b. secured by residential real estate.

2. The selling, brokering, or appraising of residential real property.

C. Nothing in this Ordinance prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status, or national origin.

Section 6 Discrimination in the Provision of Brokerage Service

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers, organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin.

Section 7 Interference, Coercion, or Intimidation

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 3, 4, 5 or 6 of this Ordinance.

Section 8 Prevention of Intimidation in Fair Housing Cases

Whoever, whether or not acting under code or law, by force or threat of force willfully injures, intimidates or interferes with, or attempt to injure, intimidate or interfere with:

A. any person because of his race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting, or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or

B. any person because he is or had been, or in order to intimidate such person or any other person or any class of persons from:

1. participating, without discrimination on account to race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection 5(A); or

2. affording another person or class of persons opportunity or protection so to participate; or

C. any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (A), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined according to local, state and federal law; and if bodily injury results shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

Section 9 Exemptions

A. Exemptions defined or set forth under Title 22-9.5-3 et. seq. of Indiana Code shall be exempt from the provisions of this Ordinance to include those activities or organizations set forth under subsections (B) and (C) of this Section.

B. Nothing in this Ordinance shall prohibit a religious organization, association , or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religion organization, association, or society, from limiting the sale, rental or occupancy of dwellings, which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, religion, sex, handicap, familial status, or national origin. Nor shall anything in this Ordinance prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

1. Nothing in this Ordinance regarding familial status shall apply with respect to housing for
older persons.

2. As used in this Section, “housing for older persons” means housing:

a. provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly person (as defined in the state or federal program) or;

b. intended for, and solely occupied by, person 62 years of age or older; or

c. intended and operated for occupancy by at least one person 55 years of age or older per unit.

Section 10 Administration Enforcement of Ordinance

A. The authority and responsibility for properly administering this Ordinance and referral of complaints hereunder to the Commissioner as set forth in subsection (B) hereof shall be vested in the Chief Elected Official of the Town of Millersburg, Indiana.

B. Notwithstanding the provisions of I.C. 22-9.5-4-8, The Town of Millersburg, Indiana,, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the Ordinance, herein elects to refer all formal complaints of violation of the articles of this Ordinance by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to Title 22-9.5-6 of the Indiana Code and the Chief Elected Official of the Town of Millersburg, Indiana, shall refer all said complaints to the Commission as provided for under subsection (A) of this Section to said Commission for purposes of investigation, resolution and appropriate relief as provided for under Title 22-9.5-6 of Indiana Code.

C. All executive departments and agencies of the Town of Millersburg, Indiana shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this Ordinance and shall cooperate with the Chief Elected Official and the Commission to further such purposes.

D. The Chief Elected Official of the Town of Millersburg, Indiana, or the Chief Elected Official’s designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.

Section 11 Separability of Provisions

If any provision of this Ordinance or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Ordinance and the application of its provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

Certification of Adoption

It is hereby certified that this Ordinance Number 2002-12 was passed by the Town Council of the Town of Millersburg, Indiana, at its legally convened meeting of August 26th, 2002.

ORDINANCE NO. 2002-13

AMENDMENT TO THE TOWN OF MILLERSBURG
WATER RATE ORDINANCE

WHEREAS, by Ordinance No. 2002-1, as amended by Ordinance No. 2002-13 a schedule of rates and charges for the Town of Millersburg Water Utilities.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, INDIANA:

WHEREAS, Section 2 c of Ordinance 2002-1 is deleted and replaced by Ordinance 2002-13 in its entirety as follows:

1. Fire Protection: Each municipal fire hydrant or private fire hydrant and any user of the water utility that has an automatic sprinkler system shall pay according to the size of the meter, as follows:

Hydrant Rental – per annum: with a 3% raise for five (5) years after 2003

Municipal
2003	$39,500.00
2004	$40,685.00
2005	$41,905.50
2006	$43,162.70
2007	$44,457.60
2008	$45,791.40
Private
per hydrant	$905.35

Fire Sprinklers – per annum:

4 inch	$540.80
6 inch	$1,216.80
8 inch	$2,163.00
10 inch	$3,380.60

2. This Ordinance shall be in full force and effect from and after its date of passage. This Ordinance shall supersede the portions of any conflicting Ordinance in existence with respect to the matters regulated herein. The rates as herein set forth shall become effective on the first full billing period occurring after the adoption of this Ordinance, and the other charges set forth herein shall become effective upon the effective date of this Ordinance.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG, INDIANA ON THE 12th DAY OF August, 2002.

RESOLUTION 2002-14

We, the undersigned members of the Millersburg Town Council, hereby request that the State Board of Tax Commissioners reduce the 2003 Cumulative Capital Development Fund Budget in the amount of Thirty-two Thousand and Five-Hundred dollars ($32,500.00). Presented, read and approved on the 12th day of August 2002.

Ordinance 2002-15

ORDINANCE OF THE TOWN OF MILLERSBURG
DIVIDING THE TOWN OF MILLERSBURG INTO NEW ELECTION
DISTRICTS PURSUANT TO I.C. 36-5-2-4.1

WHEREAS I.C. 36-5-2-4.1 contemplates that the Town Council of the Town of Millersburg divides and/or re-divide the Town of Millersburg into district for the purpose of conducting elections of Town officers;

WHEREAS said statue contemplates that such division shall be made in 2002, every ten (10) years thereafter, and at such other times set forth within such statue or other applicable Indiana law;

WHEREAS there have heretofore been three (3) election wards in the Town of Millersburg, for the purpose of conducting elections of Town officers, and it is the desire and intention of the Town Council of Millersburg to retain such three (3) election wards, subject to the boundary changes or realignments as hereinafter more particularly set forth;

NOW, THEREFORE, IT IS HEREBY ORDERED, ESTABLISHED, RESOLVED, AND ORDAINED by the Town Council of the Town of Millersburg. Elkhart County, Indiana, as follows:

1. New Election Wards. The Town Council of the Town of Millersburg, Indiana hereby divides (and/or re-divides) the Town of Millersburg into three (3) election wards for the purpose of conducting elections of Town officers. The boundaries of such wards, to be numbered one (1) through three (3), are as follows:

A. Ward One (1) shall have the following boundaries/dimensions:
All that portion of the Town of Millersburg, Indiana which lies to the center line of Jefferson Street north commencing on the north Town limits line at a point where the center line of Jefferson Street extended north intersect said line; thence from Main Street to a point of ½ half a block east on Main Street then south through an alley ½ block then east through an alley ½ block and lies to the center line of Sherman Street to said line south of Town limits.

B. Ward Two (2) shall have the following boundaries/dimensions:
All that portion of the Town of Millersburg which lies east of the first ward and west of a line described as follows: Commencing on the south Town limits line at a point where the center line of Jackson Street extended south would intersect said line; thence north along the center line of Jackson Street and the center line extended to the center line of Elm Street; thence east along the center line of Elm Street to the center line of Larimer Drive; thence north along the center line of Larimer Drive then west on the Center line of Blessing Street then north of the center line Cripe Drive extended to the north Town limits line.

C. Ward Three (3) shall have the following boundaries/dimensions:
All that portion of the Town of Millersburg which lies east of the second ward.

2. Further Standards. Any part of the Town which has not been described as included in one of the wards established by this Ordinance shall be included within the ward that is contiguous to that part and which contains the least population of all such contiguous wards (if there be more than one ward contiguous to such area), such population determination shall be per that most recent Federal decennial census.
Any part of the Town which has been described in this Ordinance as being in more than one ward shall be included in that ward which is one of the wards in which that part is included in this Ordinance, is contiguous to that part, and contains the least population according to the most recent Federal decennial census.

3. Election of Town Council Members. The members of the Town Council of the Town of Millersburg shall be elected by wards. From and after the effective date of this Ordinance, there shall be three (3) members of the Town Council of the Town of Millersburg elected by ward with one (1) from each respective ward. The terms of office for the existing seats on the Town Council of the Town of Millersburg shall remain unchanged.

4. Seats Elected by Ward. The seats on the Town Council of the Town of Millersburg which are to be elected by ward shall be elected by the voters of the entire Town but the candidate elected or selected must be a resident from the represented ward.

5. Effective Date. This Ordinance shall be effective December 1, 2002 and shall control the election wards for Town officers for the next succeeding Town election and for each election thereafter until the boundaries of the wards would otherwise be altered by operation of law.

IN WITNESS WHEREOF, the aforestated Ordinance was duly adopted the 28th day of October, 2002.

Salary Ordinance 2002-17

ORDINANCE OF THE TOWN OF MILLERSBURG
SETTING SALARIES FOR THE CALENDAR YEAR 2003

LET IT BE KNOWN, that the Town Council of the Town of Millersburg, IN, agrees to the salaries and benefits established for the year 2003 listed below, further details being provided on documents available in the Clerk/Treasurers office.

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 2003. 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 15% for the year 2003, with 1/26th of said percentage being deducted each pay period.

The Marshal shall receive $824 for clothing allowance. The balance of which will be added to his salary at the end of the year.

The Superintendent, Maintenance Director, Maintenance Assistant, 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.

All personnel will be reimbursed 31 cents a mile for work related travel in personal vehicles.

Position	Salary/Wage	Status
Clerk / Treasurer	$28,964	Salary Exempt
Maintenance Director	$34,073	Salary / Comp
Marshal	$37,118	Salary / Comp
Maintenance Asst.	$24,749	Salary / Comp
Utility Superintendant	$35,360	Salary / Comp
Deputy Clerk	$12.98 / hour	Hourly
Janitor	10.00 / hour	Hourly
Marshal's Secretary	$10.82 / hour	Hourly
Crossing Guard	$9.55 / hour	Hourly
Town Council President	$183.33 / month	Monthly
Town Council Member	$158.33 / month	Monthly

IN WITNESS WHEREOF, the aforestated Ordinance was duly adopted the 25th day of November, 2002

 

ORDINANCE NO. 2002-18

AN ORDINANCE PROVIDING FOR NOMINATION OF
CANDIDATES FOR TOWN OFFICE BY PRIMARY ELECTION

WHEREAS, candidates for offices for the Town of Millersburg have previously been nominated by convention under Indiana Code § 3-8-5; and

WHEREAS, Indiana Code § 3-8-5-2 permits a Town legislative body to adopt an ordinance to provide for candidates to be nominated by a primary election;.

NOW, THEREFORE, BE IT ORDERED, ESTABLISHED, AND ORDAINED by the Millersburg Town Council as follows:

1. Primary Election. All candidates for any Town office election that will be held on or after January 1, 2003 shall have been nominated by primary election as permitted by Indiana Code § 3-8-5-2(a)(2).

2. Conducting of Primary Election. The Elkhart County Election Board is hereby designated to conduct the primary elections for the Town of Millersburg.

3. Effective Date. This Ordinance shall be effective immediately upon its adoption for all elections occurring on or after January 1, 2003. The Town Clerk-Treasurer shall provide a copy of this Ordinance to the Elkhart Circuit Court Clerk.

ORDAINED AND ADOPTED this day of December, 2002.

 

Resolution 2002-19

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 2003.

Amounts to be listed on attached page

Adopted this 23rd, day of December, 2002.