ORDINANCE NUMBER 2000-01
AN ORDINANCE AUTHORIZING THE ROUTINE PAYMENTS OF CERTAIN RECURRING CLAIMS
AGAINST THE TOWN OF SHAMROCKS LAKES, INDIANA.
Be it ordained by the Town Council of Shamrock Lakes as follows:
1. That certain routine charges and claims are made by a variety of vendors against the Town of Shamrock Lakes on a regular monthly basis.
2. That it is often advisable to pay said claims immediately upon receipt in order to maintain best business practices, avoid interest and late charges, and otherwise conduct the business of the Town in an orderly manner.
3. That normally all claims against the Town must be approved by the Town Board in a regular meeting before they are paid, but that the Town Board hereby expressly authorizes the Clerk-Treasurer to pay the claims set forth below and to report the payment of said claims at the next regular monthly meeting of the Board.
4. That until otherwise directed, the Clerk-Treasurer is hereby directed to pay the following claims upon receipt unless, in the judgment of the Clerk-Treasurer, the claims are in some fashion extraordinary in amount or otherwise:
(a) Utilities including telephone, electricity and sewage, and;
(b) Salaries, as budgeted and provided for by ordinance
of Town Board members, Town Attorney, and Clerk-Treasurer, and;
(c) Postage, and;
(d) Payments under contracts which have received Board
approval such as contracts for snow removal, mowing, trash
collection, sewage plant operation and maintenance, and sewage
plant accounting and billing.
5. That this ordinance shall be effective immediately and shall
remain in full force and effect from year to year until it is modified by
further ordinance.
ALL OF WHICH IS ORDAINED BY THE UNANIMOUS APPROVAL OF THE MEMBERS OF THE TOWN BOARD, ALL MEMBERS BEING PRESENT AND WAIVING ALL FURTHER READING AT THE TIME OF INTRODUCTION IN ACCORDANCE WITH RELEVANT INDIANA STATUTES, THIS 14th DAY OF MARCH, 2000.
Chris Scott, Town Board President
ATTEST: Sharon Myrick, Town Clerk-Treasurer
ORDINANCE NUMBER 2000-02
AN ORDINANCE DEFINING UNLAWFUL PETS IN THE TOWN OF SHAMROCKS LAKES, INDIANA
Be it ordained by the Town Council of Shamrock Lakes as follows:
1. That it shall be unlawful for any person to keep, within the
Town of Shamrock Lakes, any animals other than dogs or cats unless
such animals are permanently kept inside the residence of the owner.
2. Any violation of this ordinance is punishable by a fine of up to One Hundred Dollars ($100.00) per occurrence.
3. This ordinance shall be effective immediately and shall
remain in full force and effect from year to year until it is modified by
further ordinance.
ALL OF WHICH IS ORDAINED BY THE UNANIMOUS APPROVAL OF THE MEMBERS OF THE TOWN BOARD, ALL MEMBERS BEING PRESENT AND WAIVING ALL FURTHER READING AT THE TIME OF INTRODUCTION IN ACCORDANCE WITH RELEVANT INDIANA STATUTES, THIS 11th DAY OF JUNE, 2000.
Chris Scott, Town Board President
ATTEST: Sharon Myrick, Clerk-Treasurer
ORDINANCE NUMBER 2000-03
AN ORDINANCE PROHIBITING THE ACCUMULATION OF LITTER AND DEBRIS ON PRIVATE AND PUBLIC PLACES IN THE TOWN OF SHAMROCK LAKES; PROVIDING A LIEN FOR CITY CLEARANCE; and PRESCRIBING PENAL TIES FOR THE VIOLATION OF ITS PROVISIONS
Be it ordained by the Town Council of the Town of Shamrock Lakes as follows:
1. This Ordinance shall be known and may be cited as the "Shamrock Lakes Anti-Litter Ordinance."
2. Definitions:
"Authorized private receptacle" is a litter storage and collection receptacle which totally envelopes al litter stored therein and suitable for curbside placement for pickup by authorized solid waste collection.
"Garbage" is animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
"Litter'' is "garbage," "refuse;" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as he prohibited, tends to create a danger to public health, safety and welfare.
"Person" is any person, firm, partnership, association, corporation, company, or organization of any kind.
"Private Premises" is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structures.
"Public Place" is any and all streets, sidewalks, boulevards,
alleys or other public ways and any and all public parks, squares,
spaces, grounds, and buildings.
"Refuse" is all putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
"Rubbish" is nonputrescibl.e solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, and similar materials.
"Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
3. Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the City.
4. Placement of Litter in Receptacles So as to Prevent Scattering. Persons placing litter authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
5. Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property.
6. Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley, or other public place. nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
7. Litter in Parks. No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
8. Litter in Lakes. No person shall throw or deposit litter in any pond, lake, stream, or any other body of water within the City.
9. Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the City whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property.
10. Owner to Maintain Premises Free of Litter. The owner or persons in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection.
11. Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not.
12. Clearing the Litter from Open Private Property by City.
(a) Notice to Remove. The Town of Shamrock Lakes is hereby authorized and empowered to notify the owner of any open or vacant private property within the City or the agent of such owner to properly dispose of litter located on such owner's
property which is dangerous to public health, safety, or welfare. Such notice shall be by Registered Mail, addressed to said owner at his last known address:
(b) Action Upon Non-Compliance. Upon the failure, neglect, or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare
within thirty (30) days after receipt of written notice provided for
in sub-section (a) above, or within thirty (30) days after the date
of such notice in the event the same is returned to the City Post
Office Department because of its inability to make delivery
thereof, provided the same was properly addressed to the last known address of such owner, or agent, the Town of Shamrock Lakes is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town.
(c) Charge Included in Tax Bill. When the Town has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City, and said charge shall be due and payable by said owner at the time of payment of such bill.
(d) Recorded Statement Constitutes Lien. Where the full amount due the City is not paid by such owner with sixty (60) days after the disposal of such litter, as provided for in subsections (a) and (b) above, then, and in that case, the Clerk-
Treasurer shall cause to be recorded in the Office of the County Recorder a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said
costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty of ten per cent (10%) in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and
shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
13. Penalties. Any person violating any of the provisions of this ordinance shall be guilty of a Class "C" Infraction and upon conviction shall be fined in accordance with the Indiana Code governing Class "C" Infractions. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
ALL OF WHICH IS ORDAINED BY THE UNANIMOUS APPROVAL OF THE MEMBERS OF THE TOWN BOARD, ALL MEMBERS BEING PRESENT AND WAIVING ALL FURTHER READING AT THE TIME OF INTRODUCTION IN ACCORDANCE WITH RELEVANT INDIANA STATUTES.
Chris Scott, Town Board President
ATTEST: Sharon Myrick, Clerk-Treasurer
ORDINANCE NUMBER 03-01
AN ORDINANCE DEFINING PERMISSIBLE HOME OCCUPATIONS IN THE TOWN OF SHAMROCKS LAKES, INDIANA.
Be it ordained by the Town Council of Shamrock Lakes as follows:
1 . That it shall be unlawful for any person to permit any business activity on any property located with the town limits of the Town of Shamrock Lakes except in strict compliance with this ordinance.
2. For purposes of this ordinance, "home occupation" means an occupation or activity conducted entirely within a dwelling by the occupants thereof, which is clearly incidental and secondary to the use of the building for dwelling purposes.
3. For purposes of this ordinance, "personal physical services" means any service or activity where the services are physically performed on the body of another person, including but not limited to medical or dental services, cosmetic or beauty services, tanning parlors, or any similar services. The term does not include child day care services which comply with all other provisions of state and local law.
4. A home occupation may only be conducted if all of the following conditions are met:
(a) No non-resident help is employed for that purpose,
(b) No trading in merchandise shall be carried on at the premises, provided however, this provision does not prohibit order of merchandise from another location or merchandise that is shipped by a commercial or government carrier to another location.
(c) No personal physical service is performed, and
(d) No sign or other outward evidence of the occupation 1s displayed on the premises.
(e) Parking of vehicles for home occupation purposes shall be limited to the normal parking area provided for the residence and no parking for a home occupation shall be permitted on public streets or upon areas not normally used for residential parking.
5. Each violation of this ordinance is punishable by a fine of up to One Hundred Dollars ($100.00) per occurrence.
6. This ordinance shall be effective immediately upon it passage and publication and shall remain in full force and affect until it is modified by subsequent ordinance.
All OF WHICH IS ORDAINED BY THE APPROVAL OF THE MEMBERS OF THE TOWN BOARD, ALL MEMBERS BEING PRESENT ANO WAIVING ALL FURTHER READNG AT THE TIIIE OF INTRODUCTION IN ACCORDANCE WITH RELEVANT INDIAHA STATUTES, THIS 13th DAY OF JULY, 2003.
Chris Scott
Marlene Roth
Town Board President
ATTEST: Sue Scott, Clerk-Treasurer
ORDINANCE NUMBER 03-02
AN ORDINANCE DECLARING DANGEROUS BUILDINGS TO BE A PUBLIC NUISANCE IN THE TOWN OF SHAMROCKS LAKES, INDIANA.
Be it ordained by the Town Council of Shamrock Lakes as
follows:
1. Dangerous Buildings Defined. All buildings or structures which have any of the following characteristics shall be deemed "dangerous buildings":
(a) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(b) Those which, exclusive of the foundation, show thirty-three (33) per cent or more, of damage or deterioration of the supporting member or members, or fifty (50) per cent of damage or deterioration
of the non-supporting enclosing or outside walls or covering.
(c) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded. or which have insufficient strength to be reasonably safe for the purpose used.
(d) Those which have been damaged by fire, wind, water, or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the Town of Shamrock Lakes or any visitors to the said Town.
(e) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly failed to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of any person.
(f) Those having air, light, and sanitation facilities which are inadequate to protect the health, safety, or general welfare of any person
(g) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, or fire escape.
(h) Those which have parts thereof which are so attached that they may fall and injure members of the public or property. Those which because of the condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of the Town of Shamrock Lakes or any other person. Those buildings existing in violation of any -provisions of the building codes of the Town of Shamrock Lakes, Blackford County, or the State of Indiana.
2. All dangerous buildings with the terms of this ordinance are hereby declared to be a public nuisance and shall be repaired, vacated, or demolished as herein provided.
3. The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate, or demolish said building given by any person authorized by the Town of Shamrock Lakes to give such notice or order shall be guilty of maintaining a public nuisance and shall be fined in an amount not exceeding one thousand dollars ($1,000.00) for each violation and a further sum of twenty-five dollars ($25.00) per day for each day such violation continues.
4. This ordinance shall be effective immediately upon it passage and publication and shall remain in full force and affect until it is modified by subsequent ordinance.
ALL OF WHICH IS ORDAINED BY THE APPROVAL OF THE MEMBERS OF THE TOWN BOARD, ALL MEMBERS BEING PRESENT AND WAIVING ALL FURTHER READING AT THE TIME OF INTRODUCTION IN ACCORDANCE WITH RELEVANT INDIANA STATUTES, THIS 13th DAY OF JULY, 2003.
Chris Scott
Town Board President
ATTEST:
Sue Scott, Clerk-Treasurer
ORDINANCE NUMBER 2004-1
AN ORDINANCE TO ESTABLISH A RAINY DAY FUND
Be it ordained by the Town Council of Shamrock Lakes as follows:
The purpose of this special revenue fund is to account for transfers of unused and unencumbered funds under IC 36-1-8-5.
Sources of funding for the fund may be any unused or unencumbered funds remaining in the General fund, MVH fund, LRS fund, or any other fund that the town may have now or in the future. In any fiscal year the town may transfer not more than ten percent (10%) of the town's annual budget for that fiscal year to the rainy, day fund. Transfers to the rainy day fund must be made after the last day of the year and before March 1 of the subsequent calendar year. (IC 36,.1-8-5.1)
Supplemental distributions of CAGIT under IC 6-3.5-1.1-21.1, COIT under IC 6-3.5-6-17.3, and CEDIT under IC 6-3.5-7-17.3 must also·be deposited in the rainy day fund. Funds from the rainy day fund may be used for any purpose permitted by state statutes for other revenues of the town. The rainy day fund is subject to the same
appropriation process as other funds that receive tax money.
The Department of Local Government Finance may not reduce the actual or maximum permissible levy of the town as a result of a balance in the rainy day fund.
PASSED AND ADOPTED BY THE of Trustees of the Town of Shamrock Lakes on this 8TH day of February, 2004.
BOARD OF TRUSTEES
Marlene Roth
Richard Lyon
Chris Scott
Town Board President
ATTEST:
Sue Scott, Clerk – Treasurer
ORDINANCE 2004-2.1
ORDINANCE CONFIRMING RENEWAL AND EXTENSION OF A CABLE TELEVISION FRANCHISE AGREEMENT TO CONSTRUCT AND OPERATE A CABLE TELEVISION SYSTEM.
WHEREAS, the Town of Shamrock Lakes ("Town") granted a franchise for a cable television system to TCI of Indiana , Inc., pursuant to Ordinance No. 89-1 dated March 28. 1989, ("Franchise"), to construct and operate a cable television system within the Town: and
WHEREAS, Insight Communications Midwest, LLC (f/k/a Insight Communications of Indiana, LLC) ("Insight") is the current franchise holder; and
WHEREAS, the Franchise will expire on March 27, 2004; and
WHEREAS, the Cable Television Consumer Protection and Competition Act of 1992, as codified at 47 U.S.C.§521, et seq. (the "Act"), contains the procedures to be followed for the renewal of cable franchises throughout the United States; and
WHEREAS, Insight and/or its predecessor(s) had, prior to March 27, 2004, and in accordance with 47 U.S.C.§546, submitted a request to the Town for an extension of the Franchise based on the capital commitments Insight and/or its predecessors have made in the Town: and
WHEREAS. Insight met all of its responsibilities pursuant to 47 U.S.C.§546 related to the renewal of the Franchise and is in full Compliance with the terms of the Act; and
WHEREAS, this Ordinance memorializes the Town’s compliance with its obligations under 47 U.S.C.§546; and
WHEREAS, the Town finds that the continued development of broadband communications has the potential of having great benefit and impact upon the citizens of
the Town; and further finds that the public convenience, safety. and general welfare can best be served by exercising the regulatory powers vested in the Town by applicable federal and state law.
NOW THEREFORE, BE IT RESOLVED, by the Town Council for the Town of Shamrock Lakes, Indiana as follows:
1. The term of the Franchise is hereby renewed. amended, and thereby extended by fifteen (15) years to expire on March 27, 2019 (“Expiration Date”).
2. Section 9 of the Franchise is hereby amended to provide that upon providing prior written notice. Insight may sell, transfer, or assign the Franchise to any subsequent owner of the Cable System serving the Town of Shamrock Lakes, without any further requirement of obtaining the prior consent or approval of the Town to such sale, transfer, or assignment.
3. All other terms, conditions, provisions. and requirements of the Franchise shall remain in full force and effect until the Expiration Date.
4. This Ordinance Amendment shall he effective upon its passage.
THE FOREGOING AGREEMENT was duly passed at a meeting of the Town Council for the Town of Shamrock Lakes, Indiana held on the 8th day of February, 2004.
ATTEST:
Susan Scott, Town Clerk
Town of Shamrock Lakes, Indiana
By: Chris Scott, Mayor
ORDINANCE 2004-2.2
AMENDMENT OF ORDINANCE 88-2
AN ORDINANCE AMENDING THE ZONING LAWS OF BLACKFORD COUNTY, INDIANA.
Be it ordained by the Town Council of Shamrock Lakes, Indiana that the zoning ordinance of Blackford County, Indiana is hereby amended.
These amendments were initiated by the area plan Commission and the Blackford County Commissioners of Blackford County which did on Tuesday, November 9, 2004 hold a legally advertised public hearing on said amendments and recommended adoption of said amendments.
Amendments are as follows:
In a R-3 Zone, add to special exception, retail business, offices and indoor auction house (no livestock, vertebrate or invertebrate animals). Favorable vote 9-0.
In definitions add, indoor auction house — items must be offered and maintained for auction inside a permanent structure. Favorable vote 9-0.
In a B-1, B-2, and B-3 zone, add to special exception, auction house. Favorable Vote 9-0
.
In a B-2 Zone, add to special exception, warehouses. Favorable vote 9-0.
IN AN A-1 zone, change confined feeding operation from a permitted use to a special exception. Favorable vote 7-7.
THAT THIS AMENDED ORDINANCE IS TOBE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
, PASSAGE BY ALL LEGISLATIVE BODIES OF BLACKFORD COUNTY.
ADOPTED THIS 11TH DAY oF NOVEMBER, 2004.
ORDINANCE NUMBER 2004-3
AN ORDlNANCE TO ESTABLJSH A RIVERBOAT FUND
Be it ordained by the Town Council of Shamrock Lakes as follows:
The purpose of this special revenue fund is to account for transfers of Riverboat Wagering Tax Revenue
Sources of funding for the fund will be any Riverboat Wagering Tax Revenue Sharing Distribution and is made in accordance with IC 4-33-13-S(e)
Funds from the riverboat fund may be used for any purpose permitted by state statutes for other revenues of the town. The riverboat fund is subject to the same appropriation process as other funds that receive tax money.
The Department of Local Government Finance may not reduce the actual or maximum permissible levy of the town as a result of a balance in the riverboat fund.
PASSED AND ADOPTED BY THE board of Trustees of the Town of Shamrock Lakes on this 12th day of September, 2004.
BOARD OF TRUSTEES
Marlene Roth
Richard Lyon
Pattie Montgomery
Chris Scott
Town Board President
ATTEST:
Sue Scott. Clerk - Treasurer
ORDINANCE NUMBER 05-01
AN ORDINANCE AFFECTING CONSTRUCTION AND MAINTENANCE OF RESIDENTIAL PROPERTIES.
Be it ordained by the Town Council of the Town of Shamrock Lakes as follows:
In order to maintain the orderly development of properties within the Town of Shamrock Lakes, the following provisions effecting the construction and maintenance of residential properties are hereby adopted.
Nothing in this ordinance shall be construed to relieve anyone from any compliance with any obligations of the Blackford County Comprehensive Zoning Ordinance or any restrictive covenants placed upon the property by other ordinances, agreements, or by operation of property law.
1. Prior to the start of any construction of a permanent structure within the Town of Shamrock Lakes a copy _of a simple building plan must be brought in front of the Town Board of Shamrock Lakes for written approval. These plans should show specifications and location of the proposed structures. Notice of approval or disapproval shall be mailed to the applicant. Approval shall not be unreasonably withheld. If not approved the Town Board of Shamrock Lakes shall designate in writing what changes are required before approval will be granted.
2. No permanent or non-permanent structure shall be constructed on any building lot or non-building lot in the Town of Shamrock Lakes prior to the time of the beginning of construction of the dwelling structure except a non-permanent or temporary structure for the sole use of storing construction related items during the construction of the dwelling structure and with prior written permission from the Town Board of Shamrock Lakes.
3. No permanent or non-permanent structure that exists on any lot in the Town of Shamrock Lakes prior to the dwelling structure and prior to the adoption of this ordinance may be altered or expanded, except in the cause of normal maintenance and upkeep. In the event that any said structure is destroyed or deteriorates beyond repair, then it may not be replaced.
4. No dwelling structure which is located in an R-1 district in the Town of Shamrock Lakes, will be permitted to have an attached garage larger than Eight Hundred and Sixty four {864} square feet. Any combination of attached garages may not be expanded to be more than a total floor area of Eight Hundred and Sixty-Four (864) square feet.
5. If in a residential district of the Town of Shamrock Lakes a dwelling has an attached garage less than Seven Hundred and Twenty (720) square feet the owner may, with prior written permission of the Town Board of Shamrock Lakes, construct one detached garage or permanent structure no larger than one story with a total of Seven Hundred and Twenty·(720) square feet. The structure must meet all building material requirements as a requirement for dwelling structures under provisions of the Blackford County Comprehensive Zoning Ordinances and such restrictive covenants that may run with the property.
6. If more than one permanent structure or a permanent structure larger than Seven Hundred and Twenty (720) square feet exists prior to the date of this ordinance it may not be altered, expanded, or otherwise modified, other than for normal maintenance and upkeep and may not be replaced in the event that it is destroyed or deteriorates beyond repair.
7. Building lots with completed dwelling structures are permitted one non-permanent structure no larger than One Hundred and Twenty (120) square feet In the event a property contains more than one non-permanent structure or one non-permanent structure larger than One Hundred and Twenty (120) square feet, the said structures may not be altered or expanded other than by ordinary maintenance and upkeep and may not be replaced in the event that it is destroyed or deteriorates beyond repair. This paragraph does not apply to an above ground or in ground swimming pool or spa and the surrounding deck or covered area for said pool or spa.
8. All new or remodeling construction, including fences, pools, or any improvements to your property, must be completed within twelve (12) months. Any building structures, trees, fences, or any other structures that are destroyed or damaged by an act of nature shall not be allowed to remain in such condition for more than three {3} months. All rebuilding and repairs shall be shall be done within twelve {12} months after the damage occurs unless the property owner obtains a written waiver from the Town Board of Shamrock Lakes.
9. All permanent and non-permanent structures including dwellings must be kept in good repair with adequate exterior finishes including paint as may be required by restricted covenants applicable to said property.
10. Any structure that contains a septic drain will be required to be connected to the Shamrock Lakes Municipal Sewer System. Each connection made into the Shamrock Lakes Municipal Sewer System will be subject to a connection fee, to be paid before the actual connection, and monthly rate otherwise provided by the rate schedules for the Town of Shamrock Lakes.
11. Any connection tap made into the Shamrock Lakes Municipal Sewer System must be made by one of the contractors approved by the Town Board of Shamrock Lakes and inspected by the sewer plant manager before it is covered.
12. Within the town limits of Shamrock Lakes no fence shall be erected or placed on any lot prior to the construction of the dwelling structure. Only a chain link fence no higher than four {4} feet or a wooden or decorative fence no higher than six {6} feet may be erected. No privacy fence or fence higher than four {4} feet may be constructed without the prior written consent of the Town Board of Shamrock Lakes who shall determine whether or not the fence will obstruct the view of the lake by parties other than the landowner.
13. Within the town limits of Shamrock Lakes, no garbage, trash, refuge, scrap materials, automobile parts, building materials or any kind of junk may be stored or kept in view of any road, lake, or neighbor except as may be necessary for weekly trash collection.
14. For purposes of this ordinance, contiguous lots held in fee simple by the same owner and containing a single residence will be considered a single property.
15. Any structure, vegetation, or other obstacle that constitutes an obstruction to vision for vehicles around comers shall not be permitted to remain and obstructions shall be removed in such a way as not to constitute a danger to vehicles traveling on the roadways.
Any person who violates any provision of this Ordinance commits a Class "B" Infraction and is liable for such penalties as may be provided in Indiana Code Section 34-28-5-4 or successor statute and in addition thereto is liable for any actual damages resulting from the violation.
ALL OF WHICH IS ORDAINED BY THE UNANIMOUS APPROVAL OF THE MEMBERS OF THE TOWN BOARD, ALL MEMBERS BEING PRESENT AND WAIVING ALL FURTHER READING AT THE TIME OF INTRODUCTION IN ACCORDANCE WITH RELEVANT INDIANA STATUTES, THIS 13th DAY OF MARCH 2005.
·
Chris Scott
Town Board President
ATTEST:
Susan Scott Clerk-Treasurer
BOARD OF TRUSTEES
Marlene Roth
Pattie Montgomery
Richard (Dick) Lyon
ORDINANCE NUMBER 2005-02
AN ORDINANCE DEFINING THE PROHIBITED AND PROPER DISPOSAL OF WATER AND WASTE INTO THE COMMON SEWER SYSTEM.
Be it ordained by the Town Council of the Town of Shamrock Lakes as follows:
No Person shall be permitted to drain storm water into the common sewer system of Shamrock Lakes.
No person shall be permitted to drain anything into the common sewer system of Shamrock Lakes other than normal household waste.
Normal household waste includes normal sewage, and wastewater from residential drains.
This ordinance specifically prohibits the drainage into the Shamrock Lakes sewer system of any industrial chemicals, motor fuels, motor oil, oil based paints, and any other chemical which would not be considered normal for the use of daily cleaning and maintaining residential drains.
Any person who violates any provision of this Ordinance commits a Class "B" Infraction and is liable for such penalties as may be provided in Indiana Code Section 34-28-5-4 or successor statute and in addition thereto is liable for any actual damage resulting from the violation.
ALL OF WHICH IS ORDAINED BY THE UNANIMOUS APPROVAL OF TIIE MEMBERS OF THE TOWN BOARD, ALL MEMBERS BEING PRESENT AND WAIVING ALL FURTHER READING AT THE TIME OF INTRODUCTION IN ACCORDANCE WITH RELEVANT INDIANA
STATUTES, THIS 13TH DAY OF MARCH, 2005.
Chris Scott
Town Board President
ATTEST:
Susan Scott Clerk-Treasurer
BOARD OF TRUSTEES
Marlene Roth
Pattie Montgomery
Richard Lyon
ORDINANCE NUMBER 2005-3
AN ORDINANCE TO ESTABLISH A EXCESS LEVY FUND
Be it ordained by the Town Council of Shamrock Lakes as follows:
The purpose of this ordinance is to establish an excess levy fund as required by State statutes.
Tax money received in excess of the previous years tax levy will be placed in an Excess Levy Fund and be used in the following years Budget process as directed by State statutes.
PASSED AND ADOPTED BY THE board of Trustees of the Town of Shamrock Lakes on this 10th day of April, 2005.
Chris Scott
Town Board President
ATTEST:
Sue Scott, Clerk - Treasurer
BOARD OF TRUSTEES
Marlene Roth
Pattie Montgomery
Richard Lyon
ORDINANCE NUMBER 2006-1
AN ORDINANCE TO PAY OFFICE SPACE RENT FOR USE BY THE TOWN CLERK/TREASURER AND SEWER CLERK
Be it ordained by the Town Council of Shamrock Lakes as follows:
The purpose of this ordinance is to provide for the payment of rent for office space to be used by the Town Clerk/Treasurer and the Sewer Clerk.
The Town shall pay the sum of Fifty Dollars ($50.00) per month and the Sewer system shall pay the sum of Fifty Dollars ($50.00) per month to the person providing the office space.
PASSED AND ADOPTED by the Board of Trustees of the Town of Shamrock Lakes on this 12th day of February 2006.
The payment for the sewer system became effective in July 2003 and the payment for the town became effective in January 2004.
Chris Scott
Town Board President
ATTEST:
Sue Scott, Clerk - Treasurer
BOARD OF TRUSTEES
Richard Lyon
Michael Richardson
ORDINANCE NUMBER 2006-3
AN ORDINANCE TO ESTABLISH A CAPITALIZATION AND DEPRECIATION POLICY
Be it ordained by the Town Council of Shamrock Lakes as follows:
The purpose of this policy is to set forth guidelines for items to be included in a
list of capital assets and their method of depreciation.
Capitalization Policy: Items with a value of Three Hundred Dollars ($300.00) or
more with an estimated life of more than one year shall be placed on the fixed assets list.
Depreciation Policy: Straight line depreciation will be used with an estimated
useful life given to each asset classification. There will be no depreciation taken during
the first year (or year of purchase). A full year of depreciation will be taken during the
last year (or year of sale or trade) if the asset has not been fully depreciated.
Buildings..................................50 year life
Improvements...............................50 year life
Machinery..................................10 year life
Computers and office equipment..............5 year life
PASSED AND ADOPTED BY THE board of Trustees of the Town of
Shamrock Lakes on this 12th day of February, 2006.
ORDINANCE NUMBER 2008-1
(revised ordinance number 2004-4)
AN ORDINANCE TO REIMBERSE THE TOWN CLERK FOR
MILEAGE TRAVELED ON TOWN BUSINESS
Be it ordained by the Town Council of Shamrock Lakes as follows:
The purpose of this ordinance is to provide for reimbursing the town clerk for
mileage traveled on town business.
Mileage will be reimbursed at the ~ate of 40 cents per mile.
Mileage reimbursement to be paid monthly with one half coming from the town
general fund and one half coming from the sewer general fund.
The town clerk will provide a record of miles traveled.
PASSED AND ADOPTED BY THE board of the Town of Shamrock Lakes
on this 7th day of September, 2008.
ORDINANCE NUMBER 2010-1
AN ORDINANCE AMENDING THE ESTABLISHED SALARIES AND
COMPENSATION FOR THE MEMBERS OF THE TOWN BOARD OF
SHAMROCK LAKES, INDIANA
Supersedes ordinance 2009-2
Be it ordained by the Town Board of Shamrock Lakes as follows:
1. That annual compensation for the members of the Town Board of Shamrock
Lakes shall be Four Hundred Dollars ($400.00) per year for each member,
with Two Hundred Dollars ($200.00) to be paid from Town Funds and Two
Hundred Dollars ($200.00) to be paid from sewer funds, except that the
annual compensation for the Town Board President shall be Six Hundred Fifty
Dollars ($650.00) with Three Hundred Twenty-Five Dollars ($325.00) to be
paid from Town Funds and Three Hundred Twenty-Five Dollars ($325.00) to
be paid from sewer fund~, payable in bi-annual installments.
2. That annual compensation for the Town Clerk-Treasurer shall be
Three Thousand Dollars ($3000.00) payable in monthly
installments.
3. That annual compensation for the Assistant Clerk-Treasurer with
responsibilities for collection and disbursements of sewage accounts shall be
Three Thousand Dollars ($3000.00) payable in monthly Installments.
4. That this ordinance becomes effective July 1, 2010, and shall remain in full
force and effect from year to year until it is modified by further ordinance.
PASSED AND ADOPTED BY THE board of Trustees of the Town of
Shamrock Lakes on this 13th day of June, 2010.
ORDINANCE NUMBER 2011-2
AN ORDINANCE AMENDING THE ESTABLISHED SALARIES AND
COMPENSATION FOR THE MEMBERS OF THE TOWN BOARD OF
SHAMROCK LAKES, INDIANA
Supercedes ordinance 2010-1
Be it ordained by the Town Board of Shamrock Lakes as follows:
1. That annual compensation for the members of the Town Board of Shamrock
Lakes shall be Four Hundred Dollars ($400.00) per year for each member,
wit~ Two Hundred Dollars ($200.00) to be paid from Town Funds and Two
Hundred Dollars ($200.00) to be paid from sewer funds, except that the
annual compensation for the Town Board President shall be Six Hundred Fifty
Dollars ($650.00) with Three Hundred Twenty-Five Dollars ($325.00) to be
paid from Town Funds and Three Hundred Twenty-Five Dollars ($325.00) to
be paid from sewer funds, payable in bi-annual installments.
2. That annual compensation for the Town Clerk-Treasurer shall be
Four thousand two hundred dollars ($4200.00) payable in monthly
installments.
3. That annual compensation for the Assistant Clerk-Treasurer with
responsibilities for collection and disbursements of sewage accounts shall be
Four thousanμ two hundred ·dollars ($4200.00) payable in monthly
Installments.
4. That this ordinance becomes effective January 1, 2012, and shall remain in
full force and effect from year to year until it is modified by further ordinance.
PASSED AND ADOPTED BY THE board of Trustees of the Town of
Shamrock Lakes on this 14th day of August, 2011.
ORDINANCE 2011-3
UNSAFE BUILDING ORDINANCE
(IN ACCORDANCE WITH INDIANA CODE CHAPTER 36-7-9)
WHEREAS, it is in the best interest of the citizens of Shamrock Lakes, Indiana, that the
Town Council of Shamrock Lakes, Indiana provide for the enforcement of building standards
and the inspection, repair or removal of unsafe buildings: and
WHEREAS, Indiana Code Chapter 36-7-9 allows municipalities to adopt certain
provisions of the Indiana Code regarding the enforcement of building standards; and
WHEREAS, the Town Council of Shamrock Lakes has determined that an unsafe
building law should be adopted pursuant to the relevant provisions of the Indiana Code.
NOW, THEREFORE, BE IT ORDAINED by the Town Council as follows:
Title. In accordance with Indiana Code ("I.C.") Section 36-7-9-3, this Chapter 15.04
(this "Chapter") is established and shall be known as the "Shamrock Lakes Unsafe Building
Law."
Adoption by Reference. I.C. Sections 36-7-9-1 through 36-7-9-28 (collectively, the
"State Code") hereby are incorporated herein by reference as the "Shamrock Lakes Unsafe
Building Law:' All proceedings within the Town for the inspection, repair, and removal of
unsafe buildings shall be governed by the State Code and by the provisions of this Chapter.
Unless otherwise expressly set forth herein, in the event the provisions of this Chapter conflict
with the State Code, then the provisions of the State Code shall control.
Definitions. All definitions in the State Code, as now existing or as hereafter amended,
are incorporated by reference herein as if copied in full. Notwithstanding the foregoing, or
anything to the contrary contained in the State Code, the following terms which are defined in
I.C. Section 36-7-9-2, shall be deemed for purposes of this Chapter and the Shamrock Lakes
Unsafe Building Law to be defined as follows:
A. "Department" refers to the Clerk/Treasurer of Shamrock Lakes, Indiana.
B. "Enforcement Authority" refers to the Sheriff of Blackford County,
Indiana.
C. "Hearing Authority" refers to a five (5) person panel which shall
consist of the
members of the Town Council of Shamrock Lakes, Indiana.
In accordance with the terms of J.C. Section 36-7-9-3, the Department described above hereby
shall be deemed to be the executive department of the Town authorized to and responsible for the
administration of this Chapter and the State Code. In addition to the foregoing, the definition of
"Substantial Property Interest" set forth in I.C. Section 36-7-9-2 is hereby expressly and explicitly incorporated by reference herein as if copied in full, as required by the terms of I.C.
Section 36-7-9-3.
Unsafe Building Fund. An "Unsafe Building Fund" is hereby established in the
operating budget of the Town in accordance with the provisions and requirements of I.C. Section
36-7-9-14. Said "Unsafe Building Fund" shall be administered in accordance with the provisions
of I.C. Section 36-7-9-14 and all applicable law.
Penalty for Violation. Violations of this Chapter shall be addressed as established in
the State Code, as the same may be amended from time to time.
Amendments to State Code. It is the specific intent of this Chapter to incorporate all
future amendments or changes to the State Code, as amended or supplemented from time to
time, and as enacted and defined in said Indiana Code provisions, as amendments to the
Shamrock Lakes Indiana Unsafe Building Law.
Severability. Should any section, paragraph, sentence, clause, or any other portion of
this Chapter be declared by a court of competent jurisdiction to be invalid for any reason, then
the remaining provisions shall not be affected, if and only if, such remaining provisions can,
without the invalid provision or provisions, be given the effect intended by the Town Council
of Shamrock Lakes, Indiana in adopting this Chapter. To this end the provisions of this
Chapter are severable.
Effective Date. This Chapter shall be deemed to be in full force and effect from and
after the passage of the Ordinance by the Town Council of Shamrock Lakes, Indiana.
APPROVED AND ADOPTED this 13th day of November, 2011.
Town Council of Shamrock Lakes, Indiana
Town of Shamrock Lakes 