Nappanee Advance-News, Volume 123, Number 39, Nappanee, Elkhart County, 27 September 2000 — Page 10

Page 10

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/ GARAGE SALE \ Thursday Sept 28 Antique furniture, down collection, old dolls, tires, too much to mention' \402 W. Martel St Nappamecy/

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Multi-Family Garage Sale Thurs & Fri Furniture, Household Items, Nice baby & kids clothes, Very nice adult dothlngl

Multi-Family Garage Sale Ttiurs. 28, 8-5 Fri. 29, 8-1 Glen Schmucker 28892 U.S. 6 W (Across for Amish Acres) Car Seats, Men’s Mutza Coats & Vests, Men’s Shirts, Baby Clothes, New Baby Sleeper Outfits, Lots of Misc.

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Rieth-Rohrer-Ehret-Lienhart Funeral Home Wakarusa 862-2235 Affordable Funerals CREMATION Direct Cremation $595 Visitation with Service. Rental Casket and Cremation $2895 BURIAL Casket, Vault, Funeral Home Charges $1779 Casket, Vault, Visitation with Service $2995 Locally Owned and Operated by Robert Ebret and Jerry Eh ret

Nursing Hunts

• Intermediate Care Nursing Home • Supervised Activities • Medicaid Approved 4 Social Programs • State Licensed • Spacious Rooms JL-L a**™™* r, N ;, pp ;,T a i ZZZZL Nappanee, IN I 773-41 IS J Smcstaea

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Abbey Realty Inc.

Budget Reaser, great investment, let someone else help you with your payment. Over 2000 sq. ft. of living space, new windows, huge eat in kitchen, remodeled bath, I car garage. $92,500 Call Centruy 21 Abbey Realty. Ask for “Jill” 219-262-4949 or 219-272-5455

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LEGALS ORDINANCE NUMBER 1302 AN ORDINANCE TO ESTABLISH A JUVENILE CURFEW LAW FOR THE CITY OF NAPPANEE. WHEREAS, the Common Council of the City of Nappanee, Indiana had determined that juvenile loitering, congregating, or presence in or upon public streets in the late night and early morning hours is detrimental to health, welfare and safety of the juvenile and community as a whole; and WHEREAS, the Common Council acknowledges that on July 3,2000, the Indiana curfew law was ruled unconstitutional by a federal judge in a decision titled Hodgkins vs. Peterson; and WHEREAS, the Common Council acknowledges that in the absence of a state statute, I.C. 36-1-3 Home Rule gives the authority of a city's legislature to exercise the powers necessary to effective governing of local affairs; and WHEREAS, the Common Council acknowledges that juveniles have First Amendment rights of freedom of speech, freedom of religion and right to assembly; and WHEREAS, the Common Council believes that an enforceable curlew ordinance that protects the First Amendment rights of the community's juveniles is in the best interest for the safety and welfare of the community's juveniles, as well as the community as a whole. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NAPPANEE, INDIANA, THAT: Section 1. Definitions. As used within this ordinance, the following words and phrases shall have the meanings assigned to them below: (a) CURFEW HOURS for individuals fifteen (15), sixteen (16) and seventeen (17) years of age refers to the time between 1:00a.m. and 5:00a.m. on Saturday or Sunday: after 11:00p.m. on Sunday. Monday, Tuesday, Wednesday or Thursday; and before 5:00a.m. on Monday, Tuesday, Wednesday, Thursday or Friday. Curfew Hours for individuals less than fifteen (15) years of age refers to the time after 11:00p.m. and before 5:00a.m. on any day. (b) EMERGENCY refers to unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard Sfe, limb or property. The term includes, but is not limited to. fires, natural disasters, automobile accidents, or other similar circumstances. (C) ESTABLISHMENT refers to any privately owned place of business within the City operated for a profit, to which the public is invited, Including but not limited to, any place of amusement or entertainment. With respect to such establishment, tie term ‘operator' shall mean any person, and any firm, associates, partnership (and the members or partners thereof) and/or any corporation or imited liability company (and tie officers or managers Ihereof) conducting or managing that establishment. (d) MINOR refers to any person under eighteen (18) years of age. (e) parent refers to: (1) A person who is a minor's biological or

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adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement); (2) A person who is the biological or adoptive parent with whom a minor regularly resides; (3) A person judicially appointed as a legal guardian of the minor, and/or (4) A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an Individual listed in part(s) (1), (2) or (3) of this definition, for tne care or physical custody of the child, or as Indicated by any other circumstances). (f) PERSON refers to an individual, not to any association, corporation or any other legal entity. (g) PUBLIC PLACE refers to any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops. (h) REMAIN refers to the following actions: (1) To linger of stay at or upon a place; and/or (2) To fail to leave a place when requested to do so by an officer of the Nappanee Police Department, a member of its Police Reserves Unit or any other state or , county police officer with law enforcement jurisdiction within the City of Nappanee. Section 2. Prohibited Acts. (a) It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the City, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the City, unless: (1) The minor is accompanied by a parent; or (2) The minor is involved in an emergency; or (3) The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or (4) The minor is on the sidewak directly abutting a place where he or she resides with a parent; or (5) The minor is attending an activity sponsored by a school, religious, or civic organization or agency, or by another similar organization or entity, which activity is supervised by an adult, and/or minor is going to or returning from such an activity without detour or stop; or (6) The minor is involved in interstate travel through, or beginning or terminating in, the City of Nappanee, Indiana; or (7) The minor is exercising First Amendment rights protected by the United Stales

NWHS students receive Awards->

Three students at North Wood High School have been named AP Scholars by the College Board in recognition of their exceptional achievement on the college-level AP Examinations. Only about 13 percent of the more than 700,000 students who took AP Examinations in May 2000 performed at a sufficiently high level to merit such recognition. Students take AP Examinations in May after completing challenging college-level courses at their high school. The College Board recognizes several levels of achievement based on the number of year-long courses and exams (or their equivalent semester-long courses and exams). Walt Fales and Michael Reschly qualified for the National AP Scholar Award by earning an average grade of 4 or higher on all AP Exams taken, and grades of 4 or

Young entrants make pedal pull exciting

Once again, the Nappanee Apple Festival Pedal Tractor Pull was a great success, with over 50 children, ranging in age from 3-10, participating in the event. No registration fee was requested, and prizes were awarded for first, second, third and fourth places in the 34, 5-6, 7-8 and 9-10 divisions. The 34-year-old group was the first group to participate, and they started out pulling 95 pounds. Sheer determination was present on many of the faces of these children. Braxton Barnes, Warsaw, finished first; Valerie Ostrowski, Nappanee, second: Travis Bear, Nappanee, third and Aaron Sexton, Elkhart, fourth.

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Constitution, such as the bona fide free exercise of religion, freedom of speech and the right to assembly. (b) It shall be unlawful for a minor’s parent to knowingly permit, allow or encourage such minor to violate any term of this ordinance. (c) II shall be unlawful for a person who is the owner or operator ol any motor vehicle to knowingly permit, allow or encourage a violation of any term of this ordinance. (d) It shall be unlawful for the operator of any establishment, or for any person, who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during the curfew hours. It shall be a defense lo prosecution under this part (d) that the operator or employee of an establishment promptly notified the police department that a minor was present at the establishment alter curfew hours and refused to leave. Section 3. Enforcement. A police officer, before taking any legal action, may take steps necessary to question any individual who appears to be under the age of eighteen (18) years for the specific purpose of enforcing this ordinance. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation under this ordinance unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, non of the factors referenced at parts (1) through (8) of Section 2. (a) of this ordinance is present. An effort will be made on behalf of the Nappanee Police Department to contact the minor's parent to inform them of the alleged curfew violation under this ordinance. Section 4. Penalties. (a) A person who violates a provision of this ordinance is in violation of a separate offense for each day or part ot a day, during which a violation is committed, continued or permitted. Each offense is punishable by fine. (b) The fines shall be punishable by the following schedule: (1) Firsl offense—sso.oo (2) Second offense—sloo.oo (3) Third offense and each offense thereafter—s2oo.oo Section 3. Establishment of School and Home Safety Fund. (a) The School and Home Safety Fund is hereby established as a separate dedicated non-reverting fund to be used to receive monies from fines assessed as described in Ordinance No 1302, Section 4. (b). and as further described in Ordinance No. 1302, Section 5. (b). All sums of monies so collected and deposited in the separate dedicated fund shall be used solely for the purpose of educating the public on home and school safely. Monies in this fond shafi be expended at the discretion of the Chief of Pofce, as appropriated by the Common Council. (b) Fifty percent ot the monies collected as fines assessed as described in Ordinance No 1302.

HEATING SYSTEM SERVICE Be prepared for the coming winter tulft months by assuring that your heating system is in peak operating condition. Your furnace should have preventive maintenance performed on a regular basis by a heating professional. Call: Yoder • Stutzman, Inc at (219) 773-7012 “Bi tldmg Lasting Solutions "

Section 4. (b) shall be deposited In the School and Home Safety Fund and shall be used solely for tne purpose designated In Ordinance No. 1302, Section 5. (a). The remaining fifty percent of the monies collected as fines assessed as described in Ordinance No. 1302, Section 4. (b) shall be deposited to the City Court/General Fund. Section 6. Effective Date. This Ordinance shall be In full force and effect from and after Its passage by the Common Council, signature of the Mayor, attestation by the City Clerk-Treasurer and publication as required by law. Passed and enacted by the Common Council of the City of Nappanee, Indiana on the 18th day of September, 2000. Presented to and approved by me this t9th day of September, 2000. N Larry L. Thompson, Mayor Attest: /s/ Kimberly A. Ingle, lAMC, CMC Clerk Treasurer Nap-Sepl. 27-Oct. 4,2000 NOTICE OF ADMINISTRATION In Elkhart Circuit Court ot Elkhart County, Indiana. Estate No. 20C01-0009-ESII3. Notice Is hereby given that on September 1, 2000, Lawrence Franklin Andrews was appointed personal representative ol tne estate of J. Dale Stouder, deceased, who died on the 15th day of June, 2000. All persons who have claims against this estate, whether or not now due, must file the claims in the office of the Clerk ol the Court within five months from the date of the first publication of this notice or within one year after the decedent's death, whichever is earlier, or the claims will be forever barred. Dated at Goshen, Indiana on September 1,2000. Randall Yohn Clerk of Elkhart Circuit Court for Elkhart County, Indiana Brian L. Hotter, #8025-20 Kindig & Stoat P.O. Box 31 Nappanee, Indiana 485504X131 219-773-7996 Attorneys for Personal Representative Map-Sept. 20-27,2000 * NOTICE TO BIDDERS CITY OF NAPPANEE, INDIANA MUNICIPAL AIRPORT RUNWAY EXTENSION PROJECT. Notice is hereby given that the CITY OF NAPPANEE, Indiana, by and through Its BOARO, OF PUBUC WORKS AND SAFETY, hereinafter referred to as the OWNER, will receive sealed bids for the CfTYOF NAPPANEE MUNICIPAL AIRPORT RUNWAY EXTENSION PROJECT at the office of the Clerk-Treasurer of the City of Nappanaa in the Municipal Office, 300 West Lincoln Street. Nappanee. Indiana 46550. Sealed bids are invited and may be forwarded by registered mail, addressed to the City, in care of the Clerk-Treasurer or delivered in person to ft* bid opening, and will be '-vnsßjered by the OWNER at a pub-

higher on eight, or more of these exams. Justin Lantzer qualified for the AP Scholar with Distinction Award by earning an average grade of at least, 3.S on all AP Exams taken, and grades of 3 or higher on five or more of these exams. Most of the nation’s colleges and universities award credit, advanced placement, or both based on successful performance on the AP Exams. More than 1,400 institutions award a year of credit (sophomore standing) to students presenting a sufficient number of qualifying grades. There are 33 AP Examinations offered in 19 subject areas, each consisting of multiplechoice and free-response (essay or problem solving) questions. The College Board is a national nonprofit membership association dedicated to preparing, inspiring, and connecting students to college

The 5-6-year-old group of pullers began with 275 pounds, with Taylor Treuchet, Nappanee taking top honors; Braxton Miller, Nappanee, second; Derek Sexton, Elkhart, third and Dillon Sommers fourth. The 7-8-year-olds were next, and began with 325 pounds—however, this weight was too easy for several of them, so 50 more pounds were added to the sled, making it a little more difficult to pull. Lacey George, Bourbon finished first; Jordan Warren, Nappanee, second; Brooks Hochstetler, New Paris, third and Michael Brewer, Nappanee,

lic meeting called to racelve and open such proposals not later than 3:30p.m. (local lima) on October 9, 2000, at the City Municipal Building, 300 West Lincoln Street, Nappanaa, Indiana 46550. Proposals received after said time shall be returned unopened. the NAPPANEE MUNICIPAL AIRPORT RUNWAY EXTENSION PROJECT will constat of a 675 fool by 50 foot extension of the wait (Runway 9) end of the existing runway using hot mix asphalt, and will Include temporary pavement markings, excavation, grading and leading and other Incidental Kami aa described in the Plana and Specifications. A complete sal of Contract Documents and Specification! may be obtained at the Clerk-Treaiurtr'a Office between the hours of 8:00a.m. and 5:00p.m., local lima, Monday through Friday. All bids received at the Office of the Clerk-Treasurer and brought prior lo the call of the Board of Public Works and Safety Meeting to order, will be opened publicly and read aloud by the Owner at the same meeting. All bids received after the call of the meeting to order will be returned unopened. Bids are to be submitted on Indiana Form No. 96 and shall be accompaniod with the appropriate financial statement. Each old ihall be accompanied by a certified check or acceptable bid bond, In a sum of not lass than five percent (5%) of the total bid amount. Bids shall be In sealed envelopes, marked with the name and place of business of the bidder. A performance bond equal to the contract price and a payment bond to insura the payment of subcontractors, contract laborers, material suppliers, and parsons furnishing services will be required upon award of contract. No bid shall be withdrawn after scheduled dosing time for receipts of bids for at least thirty (30) days. The Owner reserves the right to reject any or all bids, to accept ad, or any part of any bkJ received, and to waive any and all lnformallti«s In bidding, ana to accept the lowest and/or Kimberly A. Ingle, lAMC, CMC Clark of the Board of Public Works and Safaty Nap-Sept 20-27,2000 NOTICE OF PUBUC HEARING NAPPANEE BOARO OF ZONINQ APPEALS The City of Nappanaa Board of Zoning Appeals wi hold a Public Hearing Tuesday, October 10,2000 1 at 7:00p.m. In the43oune*Cham»eil» o! toe City Municipal Buldtag, 300 W. Lincoln 8t„ Nappanaa, Indiana. Th* purpose of toe Hearing Is to hear a variance request #ls-00-BZA, filed by Gordon Moore for McCormick Motors, 1255 West Market St. on behalf of General Motors Corporation, and North American Signs 3801 West Lathrop St., South Band, IN. This variance request Is from toe sign ordinance tost Mows only 1 sign par tot and also the requirement of a 10-foot sat back from toe property fine for M

and opportunity. Founded in 19(4. the association is composed of more than 3,800 schools, colleges, universities, and other educational organizations. Each year, the College Board serves over three million students and their parents, 22,000 high schools, and 5,000 colleges, through msJor programs and sep-; vices in college admission, guSd-* : ance, assessment, financial aid, enrollment, and teaching and learning. Among its best-known programs are the SAT®, the PSAT/NMSQT™, the Advanced Placement Program® (AP®), and Pacesetter®. The College Board is committed to the principles of equity and excellence, and that commitment is embodied in all Of its programs, services, activities, and concerns.

fourth. the final group to pull were the 9-10-year-olds, who started out pulling 400 pounds. Several of the. youngsters had eaten their Wheaties that morning, and more •weight was added to the sled twice, making the final pulling weight of 550 pounds. The first-place winner was Davey Love, Bristol; second went to Brandon Slabaugh, Nappanee; third to Kirsten Treuchet, Nappanee and fourth to Kelde Lehman, Nappanee. All of the children did an excellent job and it is fun to watch them —please plan to attend this event next year—you will be amazed I

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signs. The request Is to allow toe construction of an additional start that will be 3 feat from the north property line and wifi Increase toe total signs to 6. The property Is localad at 1255 West Market St., Nappanaa, IN, 45550. LEGAL DESCRIPTION OF THE PROPERTY: A part of toe West Half El/2) of the Southwest Quarter Vl/4) of Section 36, Township 36 rth, Range 4 East, more fully described as follows, to-wtt: Beginning at a point on tha North line of sald Wait Half (Wl/2) of tha Southwest Quarter (BWI/4) of Section 36 which la tos centerline of tha U.S. Highway No. 6, 200 feat Watt of tha Northeast comer of said Watt Half (Wl/2) of toe Southwest Quarter (SWI/4) os Section 35, and running tnance Watt along toe North Una ol said Watt Half (Wl/2) of toe Southwest Quarter (SWI/4) of said Section 35,250 feet to tha East One of land conveyed to Clayton E. Cooper and Batty J. Cooper, husband and wife. (Elkhart County) Dead Record 326, page 34); thence South along tha East Itoe of Coopen land to tha North line of the right-of-way of tha Baltimore & Ohio Railroad; thence Southeaitariy along toe North line of said Railroad right-of-way to a point which la immediately South of the point of beginning of tola description: thence North to the point of beginning, and containing 1.06 Aeras, subject to public highway. Also A part of tot West One-hall (Wl/2) of toe East one-half (El/2) of the Southwest Quarter (BWI/4) of Bedlon 36, Townihlp 35 North, Range 4 East, and more particularly described as follows, to-wK: Beginning at a point 201 1/2 fast West of Ifie Northeast corner of tha Wait One-half (Wl/2) of the East One-half (El/2) of tha Southwest Quarter (SWI/4) of laid Section 36, Township and Range aforesaid, and running thanes Waal on toe North Una of said Quarter Section 76 feat; thence Bouto parallel with the West Section line approximately 200 feat to the North line of toe Baltimore A Ohio Railroad right-of-way, toenoe Eaatwardfy along toe North fine of said railroad right-of-way approximately 75 fast to a point directly 6outo orm baginning point of tola deacftodon; toanoa Norto parallel with the Watt line of said Section to toe point of beginning, excepting legal highways. A copy otsuch proposal Is on (He in tha office of toe Zoning Administrator of toe City of Nappanaa, Indiana, CHy Municipal Buliding, 300 W. Ltocoln Nappanaa, Indiana. Written objections that era fltod wlto toe office of toe Zantac Administrator otto# City baton toe hearing wW D 6 OOfWMftQ. AN concerned citizens wNt be tWr COfnfnfni 81 wif rUum* nwMiwsy. The Public Hearing may be eonttauad from time to lima as may be found necessary Jamas Clouse, President Nappanaa Board of Zoning Appeals Nap-Sapt 27 2000