WHEREAS, The Town Council (“Council”) adopted Ordinance 31.20, creating the position of Town Manager; and,
WHEREAS, The Council adopted Ordinance 2025-08 (the “Ordinance”), amending the creation of the position of Town Manager; and,
WHEREAS, Town Council now wishes to appoint a Town manager.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Churubusco, Indiana, as follows:
1. Madalyn Sade-Bartl is hereby appointed as Town Manager of the Town of Churubusco, Indiana.
2. Madalyn Sade-Bartl shall serve as Town Manager for a definite tenure commencing upon June 21, 2025 and ending on December 31, 2027. During this tenure she may be dismissed only For Cause, as defined in the Ordinance.
3. This Resolution shall be in full force and effect upon its passage and upon compliance with the procedures required by law.

[Signature Page Follows]
 
ADOPTED by the Town Council for the Town of Churubusco, Indiana this 18th day of June,, 2025.

CHURUBUSCO TOWN COUNCIL

_______________________________________
Nathan Van Horn, President

_______________________________________
Mark Pepple, Council Member

_______________________________________
Devin Keener, Council Member
ATTEST

________________________________

The post DRAFT- Resolution 2025-09- A Resolution Appointing a Town Manager appeared first on Churubusco Indiana.

[Signature Page to Follow]

 
PASSED AND ADOPTED by the Town Council of the Town of Churubusco, Whitley County, State of Indiana this 18th day of June, 2025.

________________________________
Devin Keener

________________________________
Nathan Van Horn, President

________________________________
Mark Pepple

ATTEST:

________________________________

The post DRAFT- Ordinance 2025-11: An Ordinance to Amend Ordinance No. 444 of the Town of Churubusco appeared first on Churubusco Indiana.

WHEREAS, pursuant to Ind. Code § 36-5-5-2, the Town Council (“Council”) of the Town of Churubusco, Indian (“Town”) may employ a Town Manager to be the administrative head of the Town;
WHEREAS, Council previously adopted Ordinance 31.20 (“Ordinance”) to create the manager of Town Manager;
WHEREAS, Council now desires to amend that previous ordinance;
WHEREAS, The Council shall fix her compensation, benefits, and terms of employment; and
WHEREAS, The Town Manager may be employed to serve for a definite tenure not to exceed the longest remaining term in office of a member of the Council, in which case the Town Manager may be dismissed only for cause.

SECTION I: CREATION OF POSITION
A. The Town Manager shall be the administrative head of the Town government. She shall be employed solely with regard to merit and on the basis of her executive and administrative qualifications.
B. Pursuant to Ind. Code § 36-5-5-3, no member of the Council shall, during the time for which she has been elected, be employed as a Town Manager.
C. The Town Manager need not be a resident of the Town at the time of her appointment, but she may reside outside of the Town while in office only with the approval of the Council.
SECTION II: DUTIES
A. Pursuant to Ind. Code § 36-5-5-8, the Town Manager, under the direction of the Council, is responsible for the administrative duties of the Council. Unless a written order or ordinance of the Council provides otherwise, the Town Manager:
a. shall attend the meetings of the Council and recommend actions the Town Manager considers advisable;
b. shall hire Town employees according to the pay schedules and standards fixed by the Council or by statute;
c. shall suspend, discharge, remove, or transfer Town employees, if necessary for the welfare of the Town as advised by Council;
d. may delegate any of the Town Manager’s powers to an employee responsible to the Town Manager;
e. shall administer and enforce all ordinances, orders, and resolutions of the Council;
f. shall see that all statutes that are required to be administered by the Council or a Town officer subject to the control of the Council are faithfully administered;
g. shall prepare budget estimates and submit them to the Council when required;
h. shall execute contracts on behalf of the Town for materials, supplies, services, or improvements, after the completion of the appropriations, notice, and competitive bidding required by statute; and
i. may receive service of summons on behalf of the Town.
B. In addition to her statutorily prescribed duties, the Town Manager shall:
a. Serve as a liaison between the council and department heads (excluding town police chief), keeps the council apprised of departmental activities; provides oversight of professional contractors and consultants as needed; assists departments with resolution of issues requiring the attention of the council; excluding the police department, monitors and evaluates progress of departments towards the goals and objectives of the Town.
b. Establishes policies and procedures for all Town functions (excluding Police); oversees and participates in the resolution of inquiries and complaints from the public and other organizations.
c. Briefs the Council on pending agenda items and other Town issues; responds to inquiries and provides Council Members with information on the status of Town operations and projects; provides analysis as needed to assist the Council to make informed policy decisions; and prepare agendas and facilitate all other items necessary for Town council meetings
d. Perform financial and managerial analyses for Town Council, pertaining to Town operations and programs; evaluate data and make recommendations based on findings; prepare financial reports and projections; and make necessary presentations to the Town Council and other interested parties.
e. Serve as lead negotiator representing the Town’s positions; conduct costing analysis in preparation for contract negotiations; drafts responses to grievances in consultation with council.
f. Serve as human resources and benefits coordinator for all Town departments including Police Department and tasked with processing payroll and keeping time records for all departments and pay in accordance with the most recent salary ordinance and personnel manual.
g. Assists the council with strategic and long-range planning for the Town: participate in planning efforts at the local and regional level; keeps the Council apprised of developments at the state and federal level that impact the Town; monitor pending legislation for impact on the Town; oversee compliance with new legislation.
h. Represent the Town at various meetings, boards, functions, and events: serves as a liaison to various civic and governmental organizations and committees, taskforces, boards, and commissions; confers regularly with officials from other municipalities, chambers of commerce, authorities, and commissions; provides information about Town operations; participates in discussions and decisions and keeps the council apprised of such activities.
i. Facilitate problem solving at all levels in the Town: work with department heads and management to ensure effective coordination and cooperation among departments; coordinate the continuous review of interdepartmental processes for quality control and improvement; responds to inquiries from the public regarding issues unresolved at the departmental level.
j. Coordinate special projects for the Town , including the planning, design, implementation, and evaluation of projects, management studies, introduction of new programs, and various professional services: defines the scope of the project; identifies and ensures proper allocation of financial, material, and human resources committed to the project; formulates solutions and resolves problems; facilitates implementation of the project; perform grant writing; and provide administrative support to the project as needed.
k. Serve as the Agent of Churubusco Utilities.
l. Meet with town citizens and community groups to address concerns, resolve disputes, and foster positive relationships.
m. All other duties as assigned by Town Council.

SECTION III: BOND Pursuant to Ind. Code § 36-5-5-5, in the manner prescribed by Ind. Code § 5-4-1, the Town Manager shall execute a bond in favor of the Town for the faithful and lawful performance of her duties, in such sum as may be fixed from time to time by the Council, and if none is so fixed, then in the amount of $15,000. The cost of such bond shall be paid by the Town.
SECTION IV: TEMPORARY ABSENCE Pursuant to Ind. Code § 36-5-5-6, the Council may appoint a qualified person to perform the duties of the Town Manager whenever the Town Manager is absent or unable to perform the Town Manager’s duties.
SECTION V: POWERS Nothing herein is intended to provide greater authority or power to a Town Manager than that which is now authorized by state law. Pursuant to Ind. Code § 36-5-5-7, nothing herein shall amend any applicable laws requiring the Council to authorize the issuance of bonds or warrants of the Town, and requiring execution thereof by the officers of the Town.
SECTION VI: SALARY The Town Manager’s salary is to be the amount indicated in the Town’s most recent Salary Ordinance as amended from time to time.
SECTION VII: TERM The term of the Town Manager shall be set by Council when the Town Manager is appointed, but in no event shall the term be longer than the longest term of the Council member of the appointing Council (“Term”)
SECTION VIII: DISMISSAL FOR CAUSE During the Term of the Town Manager, the Town Manager can only be removed for Cause. “Cause” in this Ordinance shall mean: willful misconduct or gross negligence in the performance of duties; conviction of, or plea of guilty or no contest to, a felony or any crime involving dishonesty, fraud, or moral turpitude; insubordination or refusal to comply with lawful directives of the Town Council; substance abuse that materially impairs the ability to perform duties; harassment, discrimination, or other unlawful conduct in violation of federal, state, or local law; misappropriation of funds, misuse of public office, or other ethical violations under applicable law; abandonment of position or repeated, unexcused absences from work.
SECTION VII: EFFECTIVE DATE This Ordinance shall replace any previous ordinance relate to the creation of the position of Town of Manager and shall be in full force and effect as of the date of adoption.
PASSED AND ADOPTED by the Town Council of the Town of Churubusco, Whitley County, State of Indiana this 18th day of June, 2025.

ATTEST: ________________________________
Devin Keener, Council Member
_______________________________
________________________________
Nathan Van Horn, President

________________________________
Mark Pepple, Council Member

The post DRAFT- 2025-08: An ORdinance Amending the Creation of the Position of Town Manager for the Town of Churubusco, IN appeared first on Churubusco Indiana.

BE IT ORDAINED by the Town Council of the Town of Churubusco, Whitley County, Indiana, that the following will be the established salaries for employees of the Town of Churubusco for the fiscal year 2025.

Section 1 Established salaries by the Churubusco Town Council.
Town Council President $600.83 Monthly Council Members $478.12 Monthly

Section 2 Establishes salary for Clerk-Treasurer
Clerk–Treasurer $814.85 Bi-weekly

Section 3 Establishes salary for Council Chief of Staff Town Manager
Council Chief of Staff Town Manager $2153.85 2968.70 Bi-weekly
The Council Chief of Staff Town Manager is required to attend ALL Town Council meetings as part of his/her salaried position.

Section 4 Establishes salaries & wages for the Churubusco Police Department.
Town Marshal $ 2698.28 Bi-weekly
Straight time- $ 33.73 hour
Overtime- $ 50.59 hour
Holiday Shift Premium- $ 50.59 hour
The Town Marshal is required to attend one Town Council meeting per month as part of his/her salaried position.

Deputy Marshal #1 $ 2496.92 Bi-weekly
Straight time- $ 31.21 hour
Overtime- $ 46.82 hour
Holiday Shift Premium- $ 46.82 hour
With more than two years’ service and academy training

Deputy Marshal #2 $ 2316.92 Bi-weekly
Straight time- $ 28.96 hour
Overtime- $ 43.44 hour
Holiday Shift Premium- $ 43.44 hour
With less than two years’ service and academy training

Deputy Marshal #3 $ 2156.92 Bi-weekly
Straight time- $ 26.96 hour
Overtime- $ 43.44 hour
Holiday Shift Premium- $ 43.44 hour
With less than two years’ service and/or without academy training

Part-Time academy trained officers $31.83 per hour

Section 5 Establishes salaries & wages for Street and Utility Employees.
Street and Utility Superintendent $2698.28 bi-weekly

Full Time Water Supervisor $2698.28 bi-weekly
Part Time Water Supervisor $37.26 Hour

Full Time Waste Water Supervisor $2698.28 bi-weekly
Part Time Waste Water Supervisor $37.26 Hour

Full-time Utility Assistant-Certified $29.99 Hour
Holiday Shift Premium- $44.99 Hour

Full-time Utility Assistant-Non-Certified (per hour) Holiday Shift Premium
#1 $27.96 $41.94 Hour
#2 $25.96 $38.94 Hour
#3 $23.96 $35.94 Hour

Part-time Utility Employees
Class Number
#1 $23.18
#2 $20.60
#3 $16.48
Intern $ 9.79

All department supervisors are required to attend one Town Council meeting per month as part of their salaried position.

Section 6 Establishes the wages for Deputy Clerk-Treasurer Town Manager- FT
Deputy Clerk-Treasurer Town Manager (per hour) Holiday Shift Premium
#1 $27.96 $41.94 Hour
#2 $25.96 $38.94 Hour
#3 $23.96 $35.94 Hour

Establishes the wages for Part-time Utility Clerk.
Clerical #1 $20.60 Hourly
Clerical #2 $16.48 Hourly
Clerical Intern $ 9.79 Hourly

Section 7 Establishes wages for full-time Park Director and part-time park employees.
Park Director $23.96 Hourly
Holiday Shift Premium $35.94 Hour
The Park Director is required to attend one Town Council meeting
per month as part of his/her position.

Part Time and Seasonal Park Employees (per hour)
#1 $20.60
#2 $16.48

Section 8 Longevity Pay
The Town’s Longevity Policy and pay schedule is included in the Town’s Personnel Handbook. Any changes made to the policy shall be approved by resolution by the Town Council.

Section 9 Commission Stipends
Members of the Plan Commission, Board of Zoning Appeals, and Redevelopment Commission shall receive the following:

Per meeting attended $50.00

Section 10 Health Savings Account Contribution
The Town shall contribute the following amounts to a health savings account for all employees who participate in employer sponsored health insurance made payable at the beginning of the plan year.

Single Plan $2500.00
Family Plan $5000.00

This Ordinance having been read, passed, and adopted by the Town Council of the Town of Churubusco, Indiana, this _____ day of ______________, 2025 and shall be in effect for hours worked from December 23, 2024 June 23, 2025 to December 21, 2025.

______________________________
President, Nathan Van Horn

ATTEST: __________________________
Madalyn Sade-Bartl, Clerk-Treasurer ______________________________
Council Member, Devin Keener

______________________________
Council Member, Mark Pepple

The post Ordinance 2025-07: Amendment of 2025 Salary Ordinance appeared first on Churubusco Indiana.

LET IT BE RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF CHURURBUSCO that this resolution shall be in effect June 21, 2025.
ADOPTED this 18th day of June, 2025.

_______________________________ ATTEST:
Nathan Van Horn, Town Council President

________________________________ _____________________________
Mark Pepple Madalyn Sade-Bartl, Clerk-Treasurer

________________________________
Devin Keener

 
APPENDIX A: Policy Changes

• All mentions of “Council Chief of Staff” or “Chief of Staff” have been changed to “Town Manager”.
• Mentions of “clerk-treasurer” have been changed to “Town Manager” in the following sections:
o Introduction
o 1.6
o 1.7
o 3.1
o 3.2
o 3.4
o 3.9
o 3.11.4
o 4.3
o 4.4
o 4.6
o 4.7
o 4.8
o 4.9
o 5.1
o 5.2
o 5.3
o 5.4
o 5.5
o 5.8
o 5.10
o 5.11
o 5.12
o 6.1
o 6.2
o 6.4
o 6.10
o 7.5

The post DRAFT- Resolution 2025-10: Amendment to the Personnel Manual appeared first on Churubusco Indiana.

WHEREAS, state leaders and lawmakers have advocated for and proposed multiple pieces of legislation in the 2025 legislative session that will cut residential and business personal property bills for homeowners and businesses and change how these tax liabilities are calculated; and

WHEREAS, homeowners deserve affordable tax bills and adequate public services in exchange; and

WHEREAS, the proposals garnering the most attention would have an impact on municipal taxing units exceeding $1 billion; and

WHEREAS, a local income tax adoption option could be a helpful tool for some units; however, it is not at all adequate to replace the magnitude of what is being eliminated, making it a necessity rather than an option; and

WHEREAS, with an essentially mandated income tax increase being the only alternative proposed by lawmakers, the homeowners who these tax measures endeavor to assist will be among the same individuals paying the income tax, making businesses the only recipient of the tax cuts; and

WHEREAS, those individuals who do not own their own home would see a tax increase; and

WHEREAS, if the proposed measures are adopted, the Town of Churubusco will be forced to make significant cuts to public safety, street maintenance and repairs, and quality of life initiatives; and

WHEREAS, with the stress the measures being considered will put on the town budgets, bonding or saving money for new development will be nearly impossible, sending Indiana several steps back in our efforts to attract and retain a talented workforce; and

WHEREAS, these unprecedented cuts in government services are being proposed when, despite the success of Community Crossings, municipalities are imploring legislators to at least preserve the status quo in terms of road funding so as not to compound the well-documented, high percentage of Hoosier roads that continue to be in less than satisfactory condition; and

WHEREAS, as of this date, the statewide local impact of the primary tax-related bills is estimated to be $1.4 billion, a staggering figure, that would cause widespread negative effects, increase tax burdens on individuals, while offering even more relief to businesses in an already business tax-friendly state; and

WHEREAS, the impact to Churubusco of these significant real property and business personal property tax cuts, as well as changes to how property taxes are calculated, the town would lose an estimated $186,000 in tax revenues over the next three years; and

WHEREAS, eliminating funding on top of the Town of Churubusco’s loss of $ $186,000 in annual losses to local government units associated with constitutional property tax caps,

NOW, THEREFORE, be it resolved by the Town Council of the Town of Churubusco, Whitley County, Indiana that we oppose any tax policy that impacts local units of government that does not come with a corresponding replacement revenue stream implemented by the State of Indiana and does no harm to our ability to carry out the expectations of Hoosiers now and into the future.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, WHITLEY COUNTY, INDIANA, THIS ______ DAY OF _______________, 2025.

The post Resolution 2025-05: Opposition to Property Tax Cuts appeared first on Churubusco Indiana.

ORDINANCE 2025-04
AN ORDINANCE PERTAINING TO THE STANDARD AND CONDITIONS OF THE ISSUANCE OF TOWN OF CHURUBUSCO, INDIANA ROAD AND RIGHT-OF-WAY WORK PERMITS AND SERVICES CHARGES
WHEREAS, the Town Council, on behalf of the Town of Churubusco, Indiana (“Town”) may, pursuant to IC 36-1-3 et seq. enact ordinances for the effective governance of the Town and its departments;
WHEREAS, the Town is responsible for maintaining the roads and rights-of-way within its corporate limits;
WHEREAS, the Town receives requests to install utilities, including but not limited to underground cables, conduits, above ground structures, and associated equipment, in the roads and rights-of-way and this installation requires earth work, including, but not limited to excavating, grading, and boring within the roads and rights-of-way within the Town;
WHEREAS, the ability of the Town to continue to provide access to its public rights-of-way requires implementation of effective and efficient management of its rights-of-way;
WHEREAS, the Town Council may manage the public rights-of-way or require by ordinance, fair and reasonable compensation on a competitively neutral and nondiscriminatory basis for occupation and/or encroachments of a right-of-way;
WHEREAS, the Town is authorized to recover fair and reasonable compensation for its direct, actual, and reasonably incurred costs in managing the public rights-of-way, including, but not limited to the costs of registering occupants, verifying public rights-of-way occupation, inspecting jobsites and restoration projects, restoring work inadequately performed after providing notice and the opportunity to correct work, administering and ensuring adequate restoration of public rights-of-way as near as reasonably possible to the original condition, degradation costs caused by cuts and intrusions in the rights-of-way, obstructions in the rights-of-way when installing or repairing its facilities in the rights-of-way, and management costs associated with the implementation of this Ordinance; and
WHEREAS, in contemplation of the management costs set forth above, the Town Council desires to adopt the following provisions regarding the occupation of public rights-of-way, user fees, and other requirements for the use of the same by those directly benefiting therefrom and reducing the financial burdens upon taxpayers.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, INDIANA, AS FOLLOWS:
Article I. Definitions

Section 1.01 The following definitions shall apply:
(a) “Applicant” means a person, partnership, limited liability company, corporation, association, Utility, or political subdivision who has submitted required information seeking a Permit.
(b) “Application” means a form available from the Town, as approved by the Town Council, which an Applicant must submit to obtain a Permit.
(c) “Commercial Drive” means any driveway serving a property zoned commercial, serving a business or place otherwise open to the public or providing access to an occupied utility facility.
(d) “Driveway” means any Commercial Drive and/or Residential Driveway.
(e) “Emergency” means a situation where there is an immediate need to perform Work on existing Infrastructure that has been damaged or interrupted and where the failure to perform such Work would reasonably result in imminent danger to life or property or cause environmental change.
(f) “Fees” mean such monetary charges which compensate the Town for services rendered or infrastructure constructed in connection with the Application and/or the Work to be performed.
(g) “Pavement” means any hard surface treatment on a Road such as chip and seal, asphalt, or concrete.
(h) “Permit” means the written authorization issued under the authority of the Town to a Permittee for the purposes of Work.
(i) “Permittee” means the holder of a valid Permit issued in accordance with this Ordinance.
(j) “Plans” mean drawings and documents that support an Application, which shall provide all details necessary for the design, construction, and inspection of the Work for which a Permit is being sought.
(k) “Regulated Drain” means an open drain, a tiled drain, or a combination of the two as defined in IC 36-79-27-2.
(l) “Residential Driveway” means a driveway serving a private property zoned residential and serving one or more single family dwellings.
(m) “Right-of-Way” means the land under the driving surface and beyond the edges of the driving surface that the public has the right to use, and the Town has the right to control.
(n) “Road” means the driving surface, regardless of whether such surface is asphalt, concrete, or gravel.
(o) “Road Standards” means those standards with respect to the construction and materials used in all Roads and Rights-of-Way, as amended from time-to-time.
(p) “Temporary Entrance” means any access entrance off a Road to allow access to any parcel for less than three hundred and sixty-five (365) days.
(q) “Utility” means any privately, municipally, publicly, or cooperatively owned system for supplying communications, power, light, heat, electricity, gas, water, pipeline, sewer, sewer disposal, drain, or like services, directly or indirectly, to the public.
(r) “Work” means any type of occupation, use or construction, reconstruction, removal, repair, maintenance, or similar activity conducted within a Right-of-Way, Driveway, or Temporary Entrance, as applicable.
Article II. General Provisions

Section 2.01 The provisions of this Ordinance shall govern the construction, relocation, alteration, or change in the character or use of improvements to any Right-of-Way owned by the Town and the maintenance of such improvements.

Section 2.02 No Work shall occur within a Right-of-Way unless and until a Permit shall first have been issued.

Section 2.03 All Applications for Permits shall:
(a) Be submitted either electronically or in writing, in accordance with all forms and requirements published by the Town from time to time;
(b) Include all applicable Fees; and
(c) Include Plans.

Section 2.04 For the purposes of this Ordinance, “Improvements” shall include, but are not limited to:
(a) Entrances, Driveways, or drive approaches;
(b) Mailbox approaches
(c) Culvert, tile, or roadside ditch modifications necessitated for other improvements;
(d) Sidewalks, pathways, trails or multi-use paths; and
(e) Public service utility infrastructure;

Section 2.05 Improvements shall not include:
(a) Any Improvement made under contract with or by the order of the Town Council or any other Town department through its proper official(s); and
(b) Surfacing or resurfacing of paved improvement(s), provided that it does not change drainage flows and does not expand the width of the existing improvement(s).

Section 2.06 It shall be unlawful for any person or entity to construct Improvements in a Right-of-Way without first obtaining the applicable Permit. In all instances where it is necessary to install an underground utility line across a paved Road, the Permittee shall bore under the existing pavement.

Section 2.07 The Permittee shall be obligated and responsible to ensure that every aspect and/or condition of the approved Plans upon which the Permit is based is completed as proposed.

Section 2.08 The Permittee shall obtain and comply with any and all approval and other permits that may be required from any and all entities with jurisdiction over the project. Compliance with all permit requirements and coordination of any conflicts between or among permits is the responsibility of the Permittee.

Section 2.09 All Permits shall be valid for a period of six (6) months from the date of issuance, or until the insurance expiration date, whichever is shorter. As long as Work is proceeding, and valid insurance exists, an otherwise valid Permit may be extended in six (6) month increments, without additional Fee, by notifying the Council Chief of Staff in writing. If a Permit expires before a project is complete, a new Permit, with all associated Fees, must be obtained for the remaining Work.

Article III. Authority

Section 3.01 The Town Council hereby delegates to and authorized the Council Chief of Staff to issue Right-of-Way permits in the Town pursuant to this Ordinance. The Council Chief of Staff shall have the authority to approve and issue Permits for all Improvements and/or Work to be performed in accordance with this Ordinance, except for the following Improvements, which shall be approved by the Town Council:
(a) Open-trench Road cuts; or
(b) Other requests as determined by the Council Chief of Staff.

Section 3.02 The Council Chief of Staff shall have the authority to:
(a) Execute Permits;
(b) Perform inspections;
(c) Administer the terms of Permits;
(d) Issue stop work orders for any violations of this Ordinance; and
(e) Approve the completion and acceptability of Work under a Permit.

Section 3.03 The Council Chief of Staff may delegate its authority under this section to other Town employees as advisable to meet the intent of this Ordinance.
Article IV. Fees

Section 4.01 Applicants for a Permit shall make the Fees payable to the Town of Churubusco, Indiana, in the following amounts, as amended from time to time:
(a) Driveway Permit Application – $50.00
(b) Temporary Entrance Permit Application – $250.00 for each location
(c) Right-of-Way Permit Application: a non-refundable $40.00 processing fee shall be submitted with each separate Permit Application. In addition to the following based on the character:
(i) Road excavations
1) Gravel – $250.00 per single cut
2) Pavement – $500.00 per single cut
(ii) Plowing/Knifing in Cable or Pipe – $1.00 per linear foot with a $100.00 minimum fee.
(iii) Directional Boring -$1.00 per linear foot with a $100.00 minimum fee.
(iv) Trenching/Excavating Adjacent to Road – $1.00 per linear foot with a $100.00 minimum fee.
(v) Boring or Pushing under Road – $150.00 per bore, per location.
(vi) Pole Lines – $1,000 per mile, or minimum of $75 per pole.
(vii) Setting individual and below ground structure (other than poles) including pedestals, splicer boxes, junction box, and transformers – $200.00 per structure.
Article V. Driveway Work

Section 5.01 The installation of a new access to any property from a Road requires a Driveway Permit to be submitted for approval prior to Driveway Work being completed. The Driveway Work must meet the following applicable specifications, where practical:
(a) Driveways must be sloped to allow surface water to drain away from the Road;
(b) A culvert pipe may be necessary under the Driveway in the side ditch and must meet specified size requirements;
(c) Side ditches are necessary for the maintenance of the Road, and they must be constructed by the owner to allow unrestricted flow of water in the Right-of-Way;
(d) Landscaping shall not be in the Right-of-Way;
(e) Mailbox installations shall comply with all other Town ordinances, if applicable; and
(f) Driveways should be located at a point of optimum sight distance along the Road. The designer should provide sufficient intersection and stopping sight distance for a driver to perceive potential conflicts and to perform the actions needed to negotiate the intersection safely.

Article VI. Emergency Work

Section 6.01 Emergency Work may be made without a Permit. Subsequent to the Emergency Work and within one working day, the Council Chief of Staff shall be notified. If required, as determined by the Council Chief of Staff in her sole discretion, a formal Permit must be obtained promptly thereafter.
Article VII. Regulated Drains

Section 7.01 If any Work impacts a Regulated Drain, a separate permit must be submitted to the Whitley County Drainage Board. All drains can be accessed on Beacon Whitley County.
Article VIII. Installation of Tile and Filling in Roadside Ditch

Section 8.01 The installation of tile and filling in of a roadside ditch is prohibited. A formal written request may be submitted to the Counsel Chief of Staff for consideration and may be approved under special circumstances. Any roadside ditch that is filled in without written consent shall be excavated and recontoured by the Town at the expense of the property owner.
Article IX. Standards of Performance

Section 9.01 All installations covered by this Ordinance shall be performed in accordance with the standard practices and regulations currently in use and recognized and will be designed and followed to minimize inconvenience and danger to the public at large.

Section 9.02 Whenever an open cut is permitted, the Permittee shall, upon the completion of the installation, backfill the trench with material as specified by the Council Chief of Staff. The road surface shall then be promptly replaced with like materials in a condition that is at least equal to or better than when it was cut. The Permittee warrants that the surface that has been disturbed shall maintain a smooth and uniform condition for a period of 1 year after the Work is completed. In the event such road surface does not maintain such condition for the warranty period, the Permittee shall fix the Road at its sole cost and expense. All installation Work shall be carried on expeditiously and without any unnecessary delay.

Section 9.03 It shall be the duty of the Permittee to erect proper warning signs and/or barricades and to provide flagmen or other appropriate warning devices proportionate to the risks involved through the process of the work in accordance with the Indiana Manual of Uniform Traffic Control Devices, and other applicable law.

Section 9.04 All Permittees shall indemnify and save the Town and/or any of its representatives, officials, agents, employees or subcontractors (“Designees”) harmless from any and all claims and causes of action, which may be asserted or filed against the Town and/or any of its Designees by any person or entity, who have been injured or damaged or claim to have been injured or damaged, on account of any installations made pursuant to this Ordinance (or on account of any Work done in the making of such installation) by the Permittee.
Article X. Insurance

Section 10.01 Except as otherwise provided or consented to by the Town Council, no Permit shall be issued unless and until proof of liability and property damage insurance issued by a reputable and financially sound insurance carrier, insuring the Permittee and the Town (and its Designees) against loss by reason of injuries to, or death of persons, or damages to property arising out of, or related to the Work performed by the Permittee under one or more Permits, has been presented to the Council Chief of Staff. Such insurance coverage shall be in sufficient amounts, as determined by the Council Chief of Staff, from time to time.

Section 10.02 By accepting a Permit, the Permittee agrees that the Permittee shall be responsible for all liability imposed by law for personal injury or property damage arising out of or related to any occupation, use, or Work performed under the Permit.
Article XI. Penalty for Violation

Section 11.01 Any person or entity performing any above or underground occupation of a Right-of-Way without first procuring a Permit, as required under this Ordinance, or in any other way violating any provision of this Ordinance shall commit a class A infraction. Each subsection violated and each day for which the violation remains shall be a separate violation. Additionally, the Permittee, owner, or contractor shall be responsible for the costs of restitution for any damage to any Right-of-Way or Improvement thereon. The applicable fine and restitution cost shall be entered against a person who violates this Ordinance per violation for each day of the violation.

Section 11.02 Whenever any individual or corporate entity fails to obtain a Driveway Permit or Temporary Entrance Permit, a fine of $100 per occurrence shall apply. For failure to obtain a Right-of-Way Permit, a fine of $1,000 shall apply. This fine is due and payable by the permittee upon notification by the Town. Failure to pay the fine within fourteen (14) days of notification will result in the withholding of all future permits to the individual or corporate entity and immediate submittal to the Town attorney for collection. At the discretion of the Town, this fine may be waived for any initial violation of this Ordinance, provided that the violator immediately corrects any and all violations.

Section 11.03 Appeal of the levy of any and all fines may be made to the Town Council. The fine amount due will not be required to be paid until the Town Council has acted upon the appeal.

Section 11.04 In additional to the remedies set out in this Article XI, any contractor, company, or individual who violates any provision of this Ordinance may be ineligible to obtain a permit under this Ordinance unless, or until all fines, damages, judgments, or restitution costs are paid in full by said violator.

Section 11.05 For any violation of this Ordinance or for any fine, fee, or cost of restitution as provided for herein, the Town may file an action for injunctive relief and for the imposition or collection of such fine, fee, or cost of restitution in the Whitley County Circuit or Superior Courts. The person, company, corporation for contractor found to be in violation shall also be ordered to pay the costs of such action including reasonable attorneys’ fees of the Town.
Article XII. Exception for Work by Town

Section 12.01 Any Work sponsored by the Town, or performed by the Town or an agent of the Town, shall be exempt from: (a) the payment of Fees listed in this Ordinance; (b) needing the approval of the Town Council to perform an open-trench Road cut.
Article XIII. Effective Date

Section 13.01 This Ordinance shall be in full force and effect on passage by the Town Council.

[Signature Page Follows] 
ALL OF WHICH IS PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, WHITLEY COUNTY, INDIANA, THIS ______ DAY OF _______________, 2025.

TOWN COUNCIL OF THE TOWN OF
CHURUBUSCO

__________________________________
Nathan Van Horn, President

__________________________________
| Devin Keener, Council Member

__________________________________
Mark Pepple, Council Member

ATTEST:

_______________________________
Madalyn Sade-Bartl, Clerk-Treasurer

The post Notice of Public Hearing- Ordinance 2025-04: Road and Right-of-Way Work Permits & Service Charges appeared first on Churubusco Indiana.

ORDINANCE NO. 2025-03
ORDINANCE AUTHORIZING THE TOWN OF CHURUBUSCO, INDIANA TO ISSUE ITS TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING OTHER ACTIONS IN RESPECT THERETO

WHEREAS, the Churubusco Economic Development Commission (“Commission”) conducted a public hearing and adopted a resolution, which resolution has been transmitted hereto, finding that the financing of certain economic development facilities of Biggs, Inc. (“Company”) complies with the purposes and provisions of IC 36 7 11.9 and 12 and that such financing will be of benefit to the health and welfare of the Town of Churubusco, Indiana (“Town” and “Issuer”) and its citizens;

WHEREAS, the Town has determined to pledge loan payments (“Note Payments”) received pursuant to a Loan Agreement between the Town and the Company, dated as of the first day of the month the hereinafter defined Bonds are sold or issued (“Loan Agreement”) and, if necessary, payments made pursuant to a Letter of Credit of a financial institution acceptable to the Authority (as defined herein), on behalf of the Company (“Letter of Credit”), to be used to pay debt service on the Bonds. The Town shall issue its Taxable Economic Development Revenue Bonds, Series 2025 (Turtle Meadows Project) (“Bonds”), pursuant to this ordinance to finance the cost of all or a portion of the construction of infrastructure improvements including, but not limited to, roads, sewer and water utilities and stormwater management systems, together with all necessary appurtenances, related improvements and equipment (“Infrastructure Project”), to support the development of a new residential housing community consisting of approximately 23 single-family workforce housing lots, 19 villa lots and 9 estate lots (“Development” and, together with the Infrastructure Project, collectively, “Project”), to be constructed by the Company, and costs of issuance on the Bonds and related expenses;

WHEREAS, the Commission has heretofore approved and recommended the adoption of this form of ordinance by this Town Council, has considered the issue of adverse competitive effect and has approved the forms of and has transmitted for approval by the Town Council the Loan Agreement (including form of promissory note (“Note”)) dated as of the first day of the month the Bonds are sold or issued (“Loan Agreement”) and the Trust Indenture (including form of the Bonds) dated as of the first day of the month the Bonds are sold or issued (“Indenture” and, together with the Loan Agreement, collectively, “Financing Documents”);
WHEREAS, the Town may enter into a Residential Housing Infrastructure Financial Assistance Agreement (substantially in the form attached as Exhibit B hereto and made a part hereof), together with any subsequent amendments thereto (“Financial Assistance Agreement”) with the Indiana Finance Authority (“Authority”), as part of its residential housing infrastructure assistance program (“IFA Program”) established and existing pursuant to IC 5-1.2-15.5, pertaining to the Infrastructure Project and the financing of the Infrastructure Project if the Bonds are sold to the Authority through its IFA Program;
WHEREAS, the Town may accept other forms of financial assistance, as and if available from the IFA Program; and

WHEREAS, there are no other bonds, pledges or obligations payable from the Note Payments;

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, INDIANA, THAT:
Section 1. It is hereby found that: (i) the financing of the economic development facilities, including the Project, and referred to in the Financing Documents approved by the Commission and presented to this Town Council; (ii) the issuance and sale of the Town’s Taxable Economic Development Revenue Bonds, Series 2025 (Turtle Meadows Project) (“Bonds”); (iii) utilizing the loan of the proceeds of the Bonds to the Company for the construction of the Infrastructure Project; (iv) the payment of the Bonds from the Note Payments pursuant to the Loan Agreement and Note and, if necessary, payments made pursuant to the Letter of Credit; and (v) the securing of the Bonds under the Indenture, complies with the purposes and provisions of IC 36-7-11.9 and -12 and will be of benefit to the health and welfare of the Town and its citizens. The proceeds of the Bonds will be used for the financing of the construction of the Infrastructure Project and costs of issuance and related expenses. The Town Council further finds, determines, ratifies and confirms that the promotion of economic development, creation of new job opportunities and housing to assist in alleviating the housing shortage in the Town and increased investment in the Town, is desirable to preserve the health, safety and general welfare of the citizens of the Town; and that it is in the public interest that the Commission and the Issuer to take such action as they lawfully may to encourage economic development, creation of job opportunities, creation of housing and increased investment in the Town.
Section 2. At the public hearing held before the Commission, the Commission considered whether the funding and construction of the Project would have an adverse competitive effect on any similar facilities located in or near the Town, and subsequently found, based on findings of fact set forth in its resolution transmitted hereto (“Resolution”) and the absence of evidence from the public or a competitor of substantive probative value, that the funding and construction of the Project would not have an adverse competitive effect. This Town Council hereby confirms the findings on adverse competitive effect set forth in the Commission’s Resolution, and hereby finds that the construction of the Project will be of benefit to the health and welfare of the citizens of the Town.
Section 3. The substantially final forms of the Loan Agreement (including form of Note) and the Indenture (including form of Bonds) approved by the Commission are hereby approved (herein collectively referred to as the “Financing Documents” referred to in IC 36 7 11.9 and 12), and the Financing Documents are attached hereto as Exhibit A. In accordance with the provisions of IC 36-1-5-4, two (2) copies of the Financing Documents are on file in the office of the Clerk-Treasurer for public inspection.
Section 4. The Clerk-Treasurer may negotiate the sale of the Bonds to the Authority as part of its IFA Program. The Town Council President and the Clerk-Treasurer are hereby authorized to: (i) execute a Financial Assistance Agreement (including any amendment thereof) with the Authority with terms conforming to this ordinance; and (ii) sell such Bonds upon such terms as are acceptable to the Town Council President and the Clerk-Treasurer consistent with the terms of this ordinance and the Indenture. In the event the Bonds are sold to the Authority through the IFA Program, the Financial Assistance Agreement for the Bonds and the Infrastructure Project shall be executed by the Town. The substantially final form of Financial Assistance Agreement attached hereto as Exhibit B and incorporated herein by reference is hereby approved by the Town Council, and the Town Council President and the Clerk-Treasurer are hereby authorized to execute and deliver the same, and to approve any changes in form or substance to the Financial Assistance Agreement, such approval to be conclusively evidenced by its execution.
Section 5. The Town may issue its Bonds, maturing no later than twenty (20) years after their date of issuance, in the aggregate principal amount not to exceed $1,100,000. The Bonds are to be issued for the purpose of procuring funds to pay the costs of construction of the Infrastructure Project, all as more particularly set out in the Indenture and the Loan Agreement, which Bonds will be payable as to principal and interest from Note Payments and, if necessary, payments made pursuant to the Letter of Credit, all pursuant to the Financing Documents or as otherwise provided in the above described Indenture. The Bonds shall be issued in fully registered form in denominations of $1 and integral multiples thereof if sold to the Authority as a part of its IFA Program, or as provided in the above-described Indenture, payable semiannually on February 1 and August 1 and if the Bonds are sold to the Authority as part of its IFA Program, allow the Town to meet the coverage and/or amortization requirements of the IFA Program. If the Bonds are sold to the Authority as part of its IFA Program, such debt service schedule shall be finalized and set forth in the Financial Assistance Agreement. The Bonds shall be subject to optional redemption prior to maturity at the option of the Town, no later than ten (10) years after their date of delivery, on any date, on no longer than sixty (60) days’ notice, in whole or in part, in the inverse order of maturity, and by lot within a maturity, at face value together with a premium no greater than 2%, plus accrued interest to the date fixed for redemption; provided, however, for Bonds sold to the IFA Program and registered in the name of the Authority, the Bonds shall not be redeemable at the option of the Town unless and until consented to by the Authority, and as further provided in the Indenture. The Bonds may be issued as term bonds subject to mandatory sinking fund redemption. Payments on the Bonds are payable in lawful money of the United States of America by check mailed or delivered to the registered owners or by wire transfer as provided in the Indenture. The Bonds shall never constitute a general obligation of, an indebtedness of, or a charge against the general credit of the Town as described in the Indenture nor are the Bonds payable in any manner from revenues raised by taxation.
Notwithstanding anything contained herein, the Town may accept any other forms of financial assistance, as and if available, from the IFA Program (including without limitation any forgivable loans, grants or other assistance) whether available as an alternative to any Bond related provision otherwise provided for herein or as a supplement or addition thereto. If required by the IFA Program to be eligible for such financial assistance, one or more of the series of the Bonds issued hereunder may be issued on a basis such that the payment of the principal of or interest on (or both) such series of Bonds is junior and subordinate to the payment of the principal of and interest on other series of Bonds issued hereunder, all as provided by the terms of such series of Bonds as modified pursuant to this authorization. Such financial assistance, if any, shall be provided in the Financial Assistance Agreement and the Bonds of each series of Bonds issued hereunder (including any modification made pursuant to the authorization in this paragraph to the form of Bonds otherwise contained herein).
Notwithstanding anything in this ordinance to the contrary, any series of Bonds issued hereunder may bear interest that is taxable and included in the gross income of the owners thereof. If any such Bonds are issued on a taxable basis, the designated name shall include the term “Taxable” as the first word in the designated name.
Section 6. The Town Council President and the Clerk-Treasurer are authorized and directed to sell the Bonds to the Authority, or its designee, at a price of not less than 100% of the par value thereof and shall bear accrue interest at a rate not to exceed five percent (5%) per annum (the exact rate or rates to be determined by negotiation with the Authority as part of its IFA Program). Interest on the Bonds is payable semiannually on February 1 and August 1 in each year, commencing on the first February 1 or the first August 1 after the date of issuance of the Bonds, as designated by the Clerk-Treasurer, with the advice of its municipal advisor. Interest on the Bonds shall be calculated according to a 360-day calendar year containing twelve 30-day months. Interest on the Bonds sold to the Authority as part of its IFA Program shall be payable from the date or dates of payment made by the Authority as part of its purchase of the Bonds pursuant to the Financial Assistance Agreement.
Section 7. The Bonds may be both purchased by the Authority in installments and drawn down by the Company in installments (subject to the Internal Revenue Code).
Section 8. The Town Council President and the Clerk-Treasurer are authorized and directed to execute and attest, manually, electronically or by facsimile, and to affix or imprint by any means the Town seal to, the documents constituting the Financing Documents approved herein on behalf of the Town and any other document which may be necessary or desirable prior to, on or after the date hereof to consummate or facilitate the transaction, including the Bonds authorized herein. The Town Council President and the Clerk-Treasurer are hereby expressly authorized to approve any modifications or additions to the documents constituting the Financing Documents which take place after the date of this ordinance with the review and advice of counsel to the Town; it being the express understanding of this Town Council that the Financing Documents are in substantially final form as of the date of this ordinance. The approval of these modifications or additions shall be conclusively evidenced by the execution and attestation thereof and the affixing of the seal thereto or the imprinting of the seal thereon; provided, however, that no such modification or addition shall change the terms and conditions set forth in IC 36-7-12-27(a)1-10, including the maximum principal amount of, interest rate on or term of the Bonds as approved by the Town Council by this ordinance without further consideration by the Town Council. The signatures of the Town Council President and the Clerk-Treasurer on the Bonds may be either manual, facsimile or electronic signatures. The use of electronic signatures by the Town Council President and the Clerk-Treasurer are authorized and affirmed with full valid legal effect and enforceability. The Clerk-Treasurer is authorized to arrange for delivery of such Bonds to The Bank of New York Mellon Trust Company, N.A. (“Trustee”), and payment for the Bonds will be made to the Trustee and after such payment, the Bonds will be delivered by the Trustee to the purchaser thereof. The Bonds shall be originally dated the date of issuance and delivery thereof.
Section 9. The provisions of this ordinance and the Indenture securing the Bonds shall constitute a contract binding between the Town and the holders of the Bonds, and after the issuance of the Bonds, this ordinance shall not be repealed or amended in any respect which would adversely affect the rights of such holders so long as the Bonds or the interest thereon remains unpaid; provided, however, that in any case so long as the Bonds are outstanding and held by the Authority, the Town Council shall not amend or supplement this ordinance without the prior written consent of the Authority.
Section 10. This ordinance shall constitute “official action” for purposes of compliance with state laws requiring governmental action as authorization for future reimbursement from the proceeds of bonds.
Section 11. This ordinance shall be in full force and effect from and after its passage.

Passed and adopted by the Town Council of the Town of Churubusco, Indiana this 19th day of February, 2025.
TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, INDIANA

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