The Mail-Journal, Volume 27, Number 9, Milford, Kosciusko County, 13 April 1988 — Page 16

THE MAIL-JOURNAL — Wed., April 13,1988

16

LEGALS NOTICE OF A HEARING ON PROPOSED RATES ANDCHARGES Property owners and other interested parties in the Town of Syracuse are hereby notified that Ordinance No. 88-3, establishing

HELP WANTED In Our ADVERTISING COMPOSITION DEPARTMENT Evenings 2:30-11:00 • Artistic Background Important • Must Have Typing Ability • Must Be Good With Detail Work • Experienced Or We Will Train FULL TIME THE PAPERS INCORPORATED Call: 658-4111 Between 8-4:30 206 South Main MILFORD SATURDAY APRIL 30, 1988 9:00 A.M. - COMPLETE LIQUIDATION - *PRIME COMMERCIAL REAL ESTATE *NEW MOWERS *USED MOWERS *ROTOTILLERS *CHAIN SAWS *WEED EATERS *SCOTTS FERTILIZER *NEW LAWN & GARDEN TOOLS *CEMENT PRODUCTS *BXIO STORAGE BARN *MOWER PARTS *ORTHO PRODUCTS *lB H.P. CUB CADET LAWN TRACTOR Located at Rural Route #3 Highway 13 South SYRACUSE, INDIANA Auction Note: Due to health reasons and retirement, the Shafers have commissioned us to sell at auction the real and personal assets of Village Green Lawn & Garden, Inc. This exceptionally located property along Highway 13 South, contains .59 acres with a lot size of 100x250. The building contains 1808 square feet on a slab and has natural gas heat. There is a 4" well and septic system on the property and the building is situated on the lot so addition to it is very feasible. Included inside the building also are restroom facilities, a sxß office, 12x19' work repair area and a 36x36' showroom. There are two insulated windows 7’/2xs' and a T*!' overhead door on the portion. The subject property would lend itself well to Real Estate, Insurance, or any type of business office or any other type retail business setting. For private showing prior to the Auction contact the Auction Co. at 219-483-3199. Terms Os Auction: TERMS: $7,500 down payment, day of Auction. Balance to be on or before May 31,1988. TAXES: Sellers to pay 1987 Real Estate taxes and Assessments due and payable in 1988. Purchasers first tax obligation to begin in May of 1989. POSSESSION: Day of Closing. Important Information: Lot size: 100x250 Acreage: .59 acre Zoning: Commercial Annual Property Tax: $535.20 Year Constructed: 1975 TERMS ON PERSONAL PROPERTY: Cash or check with proper I.D. For a detailed Auction Brochure call or write the auction company. Orris D. And Sherrie K. Shafer d/b/a Village Green Lawn & Garden, Inc. nollHst — A Division Os Business Investment Brokers, Inc. — 201 E. WASHINGTON CTR. RD. • FORT WAYNE, INDIANA 46825 219-483-3199

rates and charges for services to be rendered by the sewage works, was Introduced at a meeting of the Board of Trustees held on April 5, 1988. At a meeting of the Board of Trustees to be held at 7:30 P.M. (EST) on April 26, 1988, In the Town Hall, SOO South Huntington Street, there will be a public hearing on the matter of the rates and charges, and consideration of adoption

of said Ordinance No. 88-3, which provides in part as follows: Section ?. For the use of and the service rendered by the sewage works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that Is connected with the Town's sanitary sewage system or that otherwise discharges sanitary sewage. Industrial waste, water or other liquids, either directly or Indirectly, into the sanitary sewage system of the Town, which rates and charges

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shall be payable as provided In I.C. 36-9-23 and .shall be in an amount determinable as follows: (a) For each and every lot, parcel of real estate or building located within the limits of, the Town, the rates and charges shall be as follows: 1. There shall be a fixed rate billing charge of SI .55 per month, plus rates and charges based on the quantity of water used on or in the property or premises served by such sewage system, as the

same Is measured by the water meter there In use, and shown by the consumption records of the water utility serving the Town and its inhabitants. 2. The sewage rates and charges fixed and Imposed on the quantity of water usage shall be $2.36 per 1,000 gallons per month for operation, maintenance and replacement costs and $2.26 per 1,000 gallons per month for debt service costs for a total commodity charge of $4.62 per 1,000 gallons per month. 3. There shall be a minimum monthly charge for sewage services In the amount of $6.17. (b) For each and every lot, parcel of real estate or building located outside the limits of the Town, the rates and charges shall be as follows: 1. There shall be a fixed rate billing charge of $1.55 per month, plus rates and charges based on the quantity of water used on or in the property or premises served by such sewage system, as the same is measured by the water meter there In use, which said meter shall be approved by the Town. 2. The sewage rates and charges fixed and imposed on the quantity of water usage shall be $2.36 per 1,000 gallons per month for operation, maintenance and replacement costs and $3.39 per 1,000 gallons per month for debt service costs for a total commodity charge of $5.75 per 1,000 ga I lons per month. 3. There shall be a minimum monthly charge for sewage services in the amount of $7.30. (c) In the event a user has a private supply of water or receives service on an unmetered basis then the Town shall base its charges on the flat rate charges as set forth In Section 2(g) hereof. (d) For the service rendered to the Town of Syracuse said Town shall be subject to the same rates and charges hereinabove provided, or to charges and rates established In harmony therewith. (e) In the event two (2) or more dwelling units such as mobile homes, apartments or housekeeping rooms discharging sanitary sewage, water or other liquids into the Town's sanitary sewage system either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case billing shall consist of a fixed charge as set out elsewhere herein of $1.55 per month times the number of such dwelling units plus the rates and charges based on the quantity of water used as set out elsewhere herein. In the case of mobile home courts, the number of dwelling

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units shall be computed and Interpreted as the total number of mobile home spaces available for rent plus other dwelling units served through the meter. A dwelling unit shall be interpreted as a room or rooms or any other space or spaces In which cooking facilities are provided. (f 1 In order that the single family domestic and residential users of sewage service shall not be penalized for sprinkling lawns during the summer months of June, July, August, and September the billing for sewage ser- > vices for residences and/or domestic users for said months may be based upon the water usage for the previous months of December, January, February, and March. In the event the water usage for said previous months Is greater than the water usage for said summer months, then the billing for sewage services may be computed on the actual water used In the month for which the sewage service bill is being rendered. Domestic and/or residential sewage service as applicable to the sprinkling rate shall apply. to each lot, parcel of real estate or building which is occupied and used as a single family residence. Said sprinkling rate shall not apply to any premises which are

Monthly Charge Flat Rate Charge Inside Outside User User Single family dwelling unit . $18.50 $23.00 Multi-family dwelling, mobile home courts, etc. Each unit 18.50 23.00 Laundromats — each washer 61.00 75 90 Professional offices, governmental, banks or utilities — Each employee 1.65 2.05 Retail establishments — Each employee 2.65 3.30 Commercial or industrial users not otherwise specified — Each employee (Does not include industrial waste. Charges for industrial waste shall be negotiated with Town's waste water utilities commissioner) . 4.85 6.05 Gasoline Service Stations 23.55 29.35 Car Wash — manual — per bay 48.50 60.40 automatic — per bay 100.50 125.05 Shop in residence 36.95 46.00 Motels and hotels Per room available for rent 13.85 17.25 Theaters, drive-in movies, summer theaters 110.90 138.00 Schools. Per enrolled pupil 2.90 3.60 Churches Per person attending. Each church shall submit total monthly attendance to Clerk-Treasurer by Sth day following conclusion of each month. Monthly attendance shall be divided by number of Sundays In the month. Average weekly attendance in the month shall constitute number of persons for which church is charged. 0.15 0.17 Restaurants, drive-in eating establishments, taverns, etc. Per seat available for service of customers 1.95 2.40 Lodges, youth centers and veterans organizations without eating and/or drinking facilities Per each 200 members or fraction thereof 18.50 23.00

Provided, however, the customer shall have the privilege, at the customer's expense, to install, maintain and operate a water meter, weir, volumetric measuring device, or other method of measurement of sewage flow from the premises acceptable to the Town. In such event, the charges for sewage services shall be based upon rates and charges as set forth in Section 2(a) and (b) hereof, whichever shall be applicable. (h) In the event the Town shall agree to allow and permit the dumping and discharge of normal domestic wastes into the sewage works by persons engaged in the cleaning of private domestic septic tanks, there is

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partially or wholly used for commercial or Industrial purposes. In the event a portion of such premises shall be used for commercial or industrial purposes, the owner shall have the privilege of separating the water service so that the residential portion of the premises Is served through a separate meter and In such case the water usage as registered by the water meter serving such portion of the premises used for residential purposes would qualify under the sprinkling rate. A user desiring computation of charges for the months of June, July, August and September be made in accordance with the sprinkling rate shall notify the ClerkTreasurer of Town on or before the first day of the month for which such computation is requested. . (g) For users of sewage services who have a private supply of water or have a municipal supply of water that is unmetered, or in the event a significant portion of the water used on or in the premises Is not returned to the Town's sanitary sewage system, then charges for sewage service shall be a fixed rate charge of $1.55 per month, plus flat rate monthly charges as follows:

hereby fixed and imposed for each and every such dumping and discharge a minimum charge in the amount of $1.55 plus the rates and charges as set forth in Section 2(b) shall be applied for the volume of waste being dumped and discharged into the sewage works. No person shall discharge septic tank wastes to the treatment works at any location other than the location of special facilities provided by the Town for such purpose. Acceptance of septic tank sludge and wastes at special facilities of the Town shall be limited to sludges and wastes originating within the Town from private wastewater disposal facilities, and from such facilities located in areas outside the Town for which there are In effect formal agreements, which agreements shall provide for the acceptance of septic tank sludges originating from areas outside the Town. Section 3. In order that the rates and charges may be justly and equitably adjusted to the service rendered, the Town shall base its charges not only on volume, but also on the strength and character of the sewage and waste which it is required to treat and dispose of. The Town shall require the customer, at the customer's expense, to measure and determine the strength and content of all sewage and waste discharged, either directly or indirectly into the Town's sanitary sewer system or sewage treatment works in such manner and by such method as may be deemed practical In light of the conditions and attending circumstances of the case, In order to determine the proper charge. Any and all commercial and industrial installations shall be so controlled and/or treated as to the sewage strength that their effluent discharged to the Town’s sewer system shall have a biochemical oxygen demand not to exceed 200 milligrams per liter of fluid, ammonia not to exceed 15 milligrams per liter of fluid, phosphorus not to exceed 10 milligrams per liter of fluid, and suspended solids not to exceed 250

‘ TUESDAY m apr,l 26 ' 1988 jtfUG** AiWP.M. Selling Complete/Going Business Located approximately 5 miles south of Ligonier & 32 miles North of Fort Wayne on State Highway 33. KIMMELL, INDIANA RESTAURANT * 2.91 ACRES * PERSONAL PROPERTY - SELLING COMPLETE AND AS A GOING BUSINESS - AUCTION NOTE Due to the relocation of the owner out of state we have been commissioned to sell at Auction the Real and Personal assets and name, The Hobnail Inn, complete and as a going business. This property is located on State Highway 33 between Ligonier and Wolf Lake and approximately 32 miles Northwest of Fort Wayne. This facility had a drive-in at one point but all operations have ceased on the drive-in area. This business has been established for 30 years and has an excellent location. There is plenty of parking and plenty of room for expansion. There is a seating capacity of approximately 90 people and all equipment, furniture and fixtures as well as miscellaneous utensils, utility dishes are included. A compelte detailed list of all inventory and equipment can be obtained from the Auction Co. TERMS OF THE AUCTION Terms: $5,000 downpayment the Day of the Auction. Balance on or before May 2, 1988. Taxes: Sellers to pay 1987 Real Estate Taxes and assessments due and payable in 1988. Purchasers first tax obligation to begin in May 1989. Possession: Day of closing. ’ • IMPORTANT INFORMATION Lot size: 2.91 acres Zoning: Commercial Annual Property Taxes: $520.52 Age: Approx. 1955 Type Construction: Frame County: Noble Square Feet: 2340 Heat type: L.P. NOTE This property with its commercial zoning could be used for many other businesses, or purposes. We are however, selling this restaurant and its personal content as one unit as a going business. Get your financing ready to bid your price at this Auction. Virgie Berry, owner d/b/« The Hobnail Inn DOUG H—nollß Consultants I I — A Division of Business Investment Brokers, Inc. — tti i. wamhwotwi era, w.«row wawh, inoiana tuis»titutnw

milligrams per liter of fluid at any time. In case the Town permits any user to discharge industrial waste to the Town's sewer system in excess of the foregoing strength, additional rates shall be imposed as follows: (a) For a five day biochemical oxygen demand In excess of 200 milligrams per liter of fluid, an additional charge of $0.20 shall be made for each pound. (b) For ammonia In excess of 15 milligrams per liter of fluid, an additional charge of $1.30 shall be made for each pound. (c) For phosphorus In excess of 10 milligrams per liter of fluid, an additional charge of $1.79 shall be made for each pound. (e) For suspended solids in excess of 250 milligrams per liter of fluid, an additional charge of SO.IB shall be made for each pound. . Section 4. The Town shall prohibit the dumping of industrial wastes which, in Its discretion, affect and are deemed harmful to the operation of the sewage treatment works of the Town, or may require methods of pretreatment of waste to reduce the characteristics of the waste satisfactory to the Town. Section 5. In order to reasonably recover the costs of local and lateral sewers constructed by the sewage works available for any lot, parcel of real estate or building which was not situated and located within the Town of Syracuse on or before February 24, 1970’, for the connection of individual customers, additional charges shall be made as follows: (a) There shall be a connection surcharge for all customers existing In the service area on October 1, 1976, and to whom a local and lateral sewer is available. The connection surcharge shall be a monthly surcharge In the amount of $5.00 per month, and such surcharge shall commence on October 1, 1976, and will extend for a period of thirty-nine (39) years from October 1, 1976. In lieu of the monthly surcharge the customer may have made a cash payment of $1,000.00 on or before October 1, 1976. (b) For all new customers building or constructing along such local and lateral sewers after October 1,1976, there shall be collected a connection surcharge, prior to connection to the sewer line, which shall be the greater of the following: 1. $1,000.00. 2. SIO.OO per lineal feet of property abut ting the local and lateral sewer. Section 6. The owner of any lot, parcel of real estate or building which was situated and located within the Town of Syracuse on or before February 24, 1970, connecting to the sewage works shall, prior to being per mitted to make a connection, pay a connec tion charge in the amount of $300.00 for each connection, which charge the Board of Trustees now finds to be a reasonable and equitable pro rata cost of construction of a local or lateral sewer adequate to serve the property. At such hearing and prior to final adoption of said ordinance all interested parties may appear and be heard. A copy of Ordinance No. 88-3 may be inspected in the office of the Clerk-Treasurer. Dated this 6th day of April, 1988. Mark L. Tatman Clerk-Treasurer NOTICE IN THE KOSCIUSKOSUPERIOR COURT CAUSE NUMBER 43D01-8803-ES-11 STATE OF INDIANA COUNTY OF KOSCIUSKO SS: INTHEMATTEROFTHE UNSUPERVISED ADMINISTRATION OF THE ESTATE OF MARJORIE FOWLER, DECREASED NOTICE OF ADMINISTRATION Notice is hereby given that Betty J. Eaton was on the 17th day of March, 1988, ap pointed administratrix of the estate of Marjorie Fowler, decreased, and was authorized to proceed under unsupervised administration. All persons having claims against said estate, whether or not now due, must file the same in said Court within five (5) months from the date of the first publication of this notice or said claims will be forever barred. Dated at Warsaw, Kosciusko County, In dlana, this 17th day of March, 1988. Jeanne Weirick, Clerk of the Kosciusko Superior Court David C. Cates BECKMAN, LAWSON, SANDLER, SNYDER 8. FEDEROFF 111 Pickwick Place Syracuse, Indiana 46567 Telephone: v A. 6-13