06-20-19 Public Notices and Want Ads

ESTATE SALE…June 21-23, Friday-Sunday from 10:00-6:00. GARAGE SALE June 24-26 Monday-Wednesday 10:00-6:00, 7932 Shorelane Watervliet. Don’t miss too much stuff to list!

MOVING SALE

5726 PAW PAW LK RD… Thurs., Fri &. Sat., June 27, 28 &29, 7 AM. Furniture, household & gardening items, sports Memorabilia, misc.

(6-20 & 6-27-19 TCR)

YARD SALE

JUNE 21 & 22…Friday & Saturday 8 a.m. – 8 p.m. . 6766 N Watervliet Rd., Watervliet. Household, camping, outdoor items, Boat trailer $200, misc.

(6-20-19 TCR)

REWARD

Anyone knowing the whereabouts of Blake Wyatt, 27, and/or Sheila Grondin, 47, please call Glen at 989-306-6753 or 989-733-8191 and claim your reward.

(06-06-2019 TCR)

LIEN SALE

THE FOLLOWING UNITS – have been taken under possession by Sparkle U-Stor-It for lack of payment. These units will be auctioned on July 13, 2019 if the Tenant fails to claim unit.

THE AUCTION WILL BE HELD ON-LINE AT WWW.STORAGEBATTLES.COM

Tara Blazier, Coloma MI Unit 193

Kathryn Futrell, Benton Harbor, MI Unit 354

Lamont Hawkins, Benton Harbor, MI Unit 69

Joseph Hill, Benton Harbor, MI Unit 259

Tonia Johnston, Albion, MI Unit 308

Teijuania Penn, Benton Harbor, MI Unit 76

Tori Polk, Benton Harbor, MI Unit 257

Kyleen Purcell, Crown Point, IN Unit 141

(06-20-19 TCR)

STATE OF MICHIGAN IN THE TRIAL COURT FOR THE COUNTY OF BERRIEN PRAIRIE REALTY, LLC, a Delaware limited liability company, Plaintiff, vs. M.B. HURON PROPERTIES PARTNERSHIP I, an Illinois Partnership, Defendant File No.: 2019-0083-CB Honorable Donna B. Howard VERIFIED MOTION FOR SUBSTITUTED SERVICE ON DEFENDANT BY PUBLICATION UNDER MCR 2.106 MARK A. MILLER (P32791) Miller Johnson Schroeder, PLC Attorney for Plaintiff 728 Pleasant Street, Suite 101 St. Joseph, MI 49085 Ph. (269) 983-1000 EX PARTE ORDER FOR SUBSTITUTED SERVICE ON DEFENDANT M.B. HURON PROPERTIES PARTNERSHIP I BY PUBLICATION TO: M.B. HURON PROPERTIES PARTNERSHIP I At a session of said Court, held at the Courthouse in the City of St. Joseph, Berrien County, Michigan on the 16 day of May, 2019. Present: Honorable Donna B. Howard A Verified Motion of Substituted Service On Defendant By Publication under MCR 2.106, was filed by Plaintiffs’ counsel, Mark A. Miller. The Court having reviewed the Motion and having been otherwise fully advised in the premises thereof, NOW THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff’s Verified Motion for Substituted Service On Defendant By Publication Under MCR 2. 106 is GRANTED. IT IS FURTHER ORDERED AND ADJUDGED that the Court finds service of process on Defendant, M.B. Huron Properties Partnership I, cannot reasonably be made as provided in MCR 2.105, and service of process may be made in a manner which is reasonably calculated to give Defendant actual notice of the proceedings and an opportunity to be heard. IT IS FURTHER ORDERED AND ADJUDGED that the notice is hereby provided that Defendant, M.B. Huron Properties Partnership I, By Publication are being sued in this Court to quiet title to real estate located in the Township of Hagar, Berrien County, Michigan: Lot(s) 716 through 724, inclusive and Lot(s) 907 through 914, inclusive, Lake Michigan Beach, according to the plat thereof recorded in Liber 6 of plats, Page 40, Berrien County Records. Property ID#: 11-10-4540-0716-01-0 IT IS FURTHER ORDER AND ADJUDGED that Defendant, M.B. Huron Properties Partnership I, must file their answers or take other action permitted by law in this Court at the court address above on or before August 1, 2019. If M.B. Huron Properties Partnership I, fail to do so, a default judgment may be entered against M.B. Huron Properties Partnership I for the relief demanded in the complaint in this case. IT IS FURTHER ORDERED AND ADJUDGED that a copy of this Order shall be published once each week in the Tri-City Record for three consecutive weeks and proof of publication shall be filed in this Court. IT IS FURTHER ORDERED AND ADJUDGED that mailing copies of this Order, the Summons and Complaint via Registered Mail to M.B. Huron Properties Partnership I is NOT REQUIRED. MCR 2.106(D) (2). This Order does not resolve the last pending claim and does not close the case. MCR 2.602(A)(3). Dated May 16, 2019 Hon. Donna B, Howard Berrien County Trial Court Judge (6-6, 6-13, 6-20-2019 TCR)

KEELER TOWNSHIP

PUBLIC NOTICE

2019 JULY BOARD OF REVIEW

The July Board of Review has been scheduled at the Keeler Township Office, 64121 Territorial Road West, Hartford, MI 49057 at the following time:

July 16, 2019 at 9:30 a.m.

The purpose of this meeting is to correct a clerical error or mutual mistake of fact relative to the correct assessment figures, the rate of taxation, or the mathematical computation relating to the assessing of taxes, the clerical error or mutual mistake of fact shall be verified by the local assessing officer and approved by the board of review at a meeting held for the purposes of this section on Tuesday following the third Monday in July and on Tuesday following the second Monday in December.

Anne Richmond, Assessor

Carl F. Davis, Clerk

CHARTER TOWNSHIP OF WATERVLIET

BERRIEN COUNTY, MICHIGAN

NOTICE OF ORDINANCE ADOPTION

TO THE RESIDENTS AND PROPERTY OWNERS OF THE CHARTER TOWNSHIP OF WATERVLIET, BERRIEN COUNTY, MICHIGAN AND ALL OTHER INTERESTED PERSONS:

PLEASE TAKE NOTICE that after a second reading at a regular meeting of the Watervliet Charter Township Board conducted on Monday June 17, 2019 and after a first reading conducted on May 20, 2019, the Board duly adopted the Watervliet Charter Township Medical Marihuana Facilities Ordinance No. 85. Below is a summary of the entire Ordinance:

Header: This will contain the title of the ordinance, the effective date and ordination.

Section I – Title.

This section shall cite the title of the ordinance as the “Watervliet Charter Township Medical Marihuana Facilities Ordinance.

Section II – Definitions.

This section will define certain words and terms applicable to the enforcement of this ordinance.

Section III – Authorized Medical Marihuana Facilities.

This section will cite the authorized medical marihuana facilities permitted in the Township, the specific zones they are permitted in and the number of each type of facility permitted. This section will also stipulate distance requirements from schools, playgrounds/parks, licensed child care centers, places of worship and residential zones. This section shall also stipulate state and local licensing requirements, review and issuance of licenses or denial of licenses by the Township Clerk; operational mandates and will stipulate that all medical marihuana facilities will require a Township Board issued Special Land Use Permit prior to operations.

Section IV – General Regulations Regarding Authorized Medical Marihuana Facilities.

This section shall require that all medical marihuana facilities will possess a state issued license for that specific facility, as well as a township issued license for operation, and further states that the facility will only remain in operation for as long as the state issued license or the Township issued license is in effect. This section also states that any medical marihuana facility will comply with all Township Zoning, Building codes or all other regulations and ordinances specifically regulating medical marihuana facilities and generally applicable Township police power ordinances.

Section V – Annual Medical Marihuana Facility Fees.

This section establishes an annual nonrefundable Township medical marihuana facility licensing fee for each authorized medical marihuana facility within the Township to help defray administrative and enforcement costs associated therewith.

Section VI – Appeal to the Township Board.

In the event an applicant is denied a facilities license, this section establishes appellate procedures before the Township Board.

Section VII – Violations and Penalties.

This section provides fines and penalties for any person who disobeys, neglects, or refuses to comply with any provision of this ordinance or who causes, allows or consents to any of the same when associated with the operation of any medical marihuana facility.

Section VIII – Severability.

This section states that if any clause, sentence, word, section or provision in this ordinance is declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such ordinance which shall continue in full force and effect.

Section IX – Repeal.

This section establishes that all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Section X – Effective Date.

This section states that this ordinance shall take effect 30 days after publication upon adoption.

PLEASE TAKE FURTHER NOTICE that this Ordinance will become effective thirty-days (30) after the date of its publication. True and complete copies of this Ordinance may be inspected or purchased at the Watervliet Charter Township Hall during normal business hours. Copies of the adopted Ordinance may be mailed to interested persons upon the reception of a $2.50 fee. Inquiries may be directed to the Watervliet Charter Township Clerk at (269) 463-5113.

Patricia J. Bambrick, Clerk

Watervliet Charter Township

CHARTER TOWNSHIP OF WATERVLIET

BERRIEN COUNTY, MICHIGAN

NOTICE OF ORDINANCE ADOPTION

TO THE RESIDENTS AND PROPERTY OWNERS OF THE CHARTER TOWNSHIP OF WATERVLIET, BERRIEN COUNTY, MICHIGAN AND ALL OTHER INTERESTED PERSONS:

PLEASE TAKE NOTICE that after a second reading at a regular meeting of the Watervliet Charter Township Board conducted on Monday June 17, 2019 and after a first reading conducted on May 20, 2019, the Board duly adopted the Watervliet Charter Township Prohibition of Recreational Marihuana Establishments Ordinance No. 86. Below is a summary of the entire Ordinance:

Header: This will contain the title of the ordinance, the effective date and ordination.

Section I – Title.

This section shall cite the title of the ordinance as the Watervliet Township Prohibition of Recreational Marihuana Establishments Ordinance.

Section II – Definitions.

This section will define certain words and terms applicable to the enforcement of this ordinance.

Section III – No Recreational Marihuana Establishments.

This section prohibits all recreational marihuana establishments within the boundaries of the Township pursuant to Initiated Law 1 of 2018, MCL 333.27951 as may be amended. This ordinance shall have no effect on the Township’s allowance of Medical Marihuana facilities.

Section IV – Violations and Penalties.

This section provides fines and penalties for any person who disobeys, neglects, or refuses to comply with any provision of this ordinance or who causes, allows or consents to any of the same when associated with the illegal operation of any recreational marihuana facility.

Section V – Severability.

This section states that if any clause, sentence, word, section or provision in this ordinance is declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such ordinance which shall continue in full force and effect.

Section VI – Repeal.

This section establishes that all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Section VII – Effective Date.

This ordinance shall become effective immediately upon publication.

PLEASE TAKE FURTHER NOTICE that this Ordinance will become effective immediately upon publication. True and complete copies of this Ordinance may be inspected or purchased at the Watervliet Charter Township Hall during normal business hours. Copies of the adopted Ordinance may be mailed to interested persons upon the reception of a $2.50 fee. Inquires may be directed to the Watervliet Charter Township Clerk at (269) 463-5113.

Patricia J. Bambrick, Clerk

Watervliet Charter Township

BANGOR TOWNSHIP

VAN BUREN COUNTY, MICHIGAN

ORDINANCE NO. 27

ADOPTED: June 11, 2019

EFFECTIVE: July 11, 2019

OPERATION OF OFF ROAD VEHICLES (ORVs) ORDINANCE

An Ordinance regarding ORV use on roads within the Township, to designate roads on which ORV

use will be permitted, to provide regulations for ORV use on roads within the Township, to provide

penalties for violation of the ordinance, to provide for distribution of public funds from violations, to

provide an effective date and to repeal all ordinances or parts of ordinances in conflict herewith.

BANGOR TOWNSHIP

VAN BUREN COUNTY, MICHIGAN

ORDAINS:

Section 1. Findings.

Bangor Township Board has determined it is appropriate to adopt an Ordinance permitting and

regulating the operation of Off Road Vehicles (ORVs) on certain public roads within the Township

pursuant to MCL 324.81131.

A public hearing on the Ordinance was held on June 11, 2019, as required by MCL 324.81131 (3).

Notice of the public hearing was sent by certified mail at least 28 days before said hearing to the

county road commission, to the county board of commissioners, to the legislative body of every

other township and municipality located within the county, to the state transportation department

if the road intersects a highway.

The Township Board has determined that such Ordinance advances the public health, safety and

welfare by allowing ORV use on certain public roads in the Township, while also adopting

regulations for such operation, prescribing penalties for violation of the Ordinance and specifying

the distribution of public funds resulting from those penalties, pursuant to PA 240 of 2008, as may

be amended.

This Ordinance is to be construed as being consistent with State and Federal law and regulations.

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Section 2. Definitions.

As used in this ordinance, the following definitions shall apply:

“Township” means the Township of Bangor.

“Operate” means to ride in or on, and be in actual physical control of the operation of an ORV.

“Operator” means a person who operates or is in actual physical control of the operation of an

ORV.

“ORV” means a motor driven off road recreation vehicle capable of cross-country travel without

benefit of a road or trail, on or immediately over land, snow, ice, marsh, swamp land, or other

natural terrain. ORV or vehicle includes, but is not limited to, a multi-track or multi-wheel drive

vehicle, or ORV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel or multi-wheel drive

vehicle, or ORV, or other means of transportation deriving motor power from a source other than

muscle or wind. ORV or vehicle does not include a registered snowmobile, a farm vehicle being

used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a

vehicle owned and operated by a utility company or an oil or gas company when performing

maintenance on its facilities or on property over which it has an easement, a construction or logging

vehicle used in performance of its common function, a registered aircraft, an amphibious machine

or a ground effect air cushion vehicle.

“Road” means a primary road or local road as described in section 5 of 1951 PA 51, MCL 247.655.

“Road Commission” means the Board of County Road Commissioners for the County of Van

Buren.

“Safety Certificate” means a certificate issued pursuant to 1994 PA 451 as amended, MCL

324.81129, or a comparable ORV safety certificate issued under the authority of another state or

a province of Canada.

“Direct Supervision” means the direct visual observation of the operator with the unaided or

normally corrected eye, where the observer is able to come to the immediate aid of the operator.

“Driver License” means an operator’s or chauffeur’s license or permit issued to an individual by

the Secretary of State under Chapter III of the Michigan Vehicle Code, 1949 PA 300, MCL 257.301

to 257.325, for that individual to operate a vehicle, whether or not conditions are attached to the

license or permit. A suspended or revoked license or permit does not constitute a valid Driver

License under this Ordinance.

Section 3. ORV Operation

An ORV may be operated on roads within the Township, subject to the conditions and limitations stated

herein.

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Section 4. Closed Roads

A person may not operate an ORV on any road designated as closed to ORV operation on the official ORV

Map referenced in Section 10. Notwithstanding the above, a person may operate an ORV on a closed road

for the purpose of accessing the nearest open road from a residence which cannot be more than ½ mile

from said open road. This does not apply to State and Federal Highways, roads exempt from opening by

state statute, roads closed by action of the Van Buren County Road Commission, roads closed by Order

of Law Enforcement Officers, and roads bordering municipalities which have not authorized the use of

ORVs on public streets under MCL 324.81131 or other applicable law, At the time of adoption of this

Ordinance all Township roads are open to ORV operation.

Section 5. Closure by County Road Commission or Law Enforcement.

The Van Buren County Road Commission, Law Enforcement, and other state agencies and entities

with power to close public roads located within the Township may close said roads to the operation

of ORVs otherwise authorized pursuant this ordinance.

If a road is closed under subsection 1 of this section, the Bangor Township Board of Trustees shall,

as necessary, adopt a resolution amending the official ORV Map designating such road(s) as

closed, unless said closure is expected to last for less than six (6) months.

Section 6. Conditions for Operation

Except as set forth herein or otherwise provided by law, an ORV meeting all of the following conditions

may be operated on a road or street in the Township:

At a speed of no more than 25 miles per hour or a lower posted ORV speed limit.

By a person not less than 16 years of age.

With the flow of traffic and as follows:

On the right shoulder of the road.

If there is not a right shoulder or the right shoulder is not of adequate width, on the right

unmaintained portion of the road.

On the far right of the right traffic lane of the road, if necessary to cross a bridge or culvert

and if the operator brings the ORV to a complete stop before entering and yields the right-

of-way to an approaching vehicle on that traffic lane.

In a manner which does not interfere with traffic on the road or street.

Traveling single file except when overtaking and passing another ORV.

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Displaying a lighted headlight and lighted taillight.

Operation hours: one-half hour before sunrise until one-half hour after sunset.

While the operator and each passenger is wearing a crash helmet and protective eyewear approved

by the United States Department of Transportation unless the vehicle is equipped with a roof that

meets or exceeds standards for a crash helmet and the operator and each passenger is wearing a

properly adjusted and fastened seat belt.

With a rear viewing mirror.

With a throttle so designed that when the pressure used to advance the throttle is removed, the

engine speed will immediately and automatically return to idle.

With a United States Forest Service approved spark arrester and muffler, in good working order

and in constant operation.

Pursuant to noise standards defined by law.

Obeying all other laws relating to the operation of a vehicle in public streets including but not

limited to following turn signal requirements, yielding to traffic, etc.

There is no operation of an ORV on sidewalks, trails, or other surfaces designed for pedestrian

travel. There is no operation of an ORV in a public park or other space customarily used by

pedestrians.

While the operator is in possession of a valid Driver License.

Section 7. Persons Under 18

A person less than 18 years of age shall not operate an ORV on a road in the Township unless they are

under the direct supervision of a parent or legal guardian and the person has in his or her possession an

ORV safety certificate or a comparable ORV safety certificate issued under the authority of another state

or a province of Canada.

Section 8. Prima Facie Negligence

In a court action in this state, if competent evidence demonstrates that a vehicle that is permitted to operate

on a road or street pursuant to the Michigan Vehicle Code was in a collision on a roadway with an ORV

that is not registered under the Michigan Vehicle Code, the operator of the ORV shall be considered prima

facie negligent.

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Section 9. Sanctions

A violation of this ordinance is a municipal civil infraction, for which the fines shall not be less

than $100 nor more than $500 for the first offense and not less than $250 nor more than $500 for

subsequent offenses, in the discretion of the Court.

In addition, the court shall order the defendant to pay the cost of repairing any damage to the

environment, a street, county road or highway or public property as a result of the violation.

The foregoing sanctions shall be in addition to the rights of the Township to proceed at law or

equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which

may include all expenses, direct and indirect, which the Township incurs in connection with the

municipal civil infraction.

This ordinance shall be administered and enforced by the Ordinance Enforcement Officer of the

Township or by such other person(s) as designated by the Township board from time to time.

Section 10. Official ORV Map

The Township shall maintain a master map of all roads under its jurisdiction upon which shall be indicated

those roads and parts of sections thereof which the operation of ORVs is permitted and prohibited pursuant

to this Ordinance. Such map shall be known as the official ORV Map and the master copy shall be kept

at the Bangor Township Hall. The Township shall make a copy of the ORV Map available to interested

groups or organizations to make copies for distribution to the general public, but shall have no obligation

to make or to assume any expense associated with the making of such copies. The official ORV Map on

display at the Township Hall shall govern in the event of a dispute.

The first official ORV Map under this ordinance shall be published within 90 days of the adoption

of this Ordinance.

The Bangor Township Board of Trustees may, by resolution, amend the official ORV Map as and

when it deems it appropriate to do so.

Section 11. Operation of ORVs for Agricultural Purposes

Operation of ORVs in the Township for agricultural purposes or for other purposes specifically proved for

in MCL Section 81122 shall occur in accordance with the provisions of MCL 324.8112.

Section 12. Funds

The Township Treasurer shall deposit fines and damages collected for violations of this ordinance into a

fund to be designated as the “ORV Fund”. The Township Board shall appropriate revenue in the ORV

Fund as follows:

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Fifty percent (50%) to the County Sheriff or Police Department responsible for law enforcement

in the local unit of government for ORV enforcement and training.

Fifty percent (50%) to the County Road Commission to be used for repairing damage to streets and

the environment that may have been caused by ORVs and for posting signs indicating ORV speed

limits or indicating whether streets are open or closed to the operation of ORVs under this

ordinance.

Section 13. Repeal

All other ordinances and parts of ordinances in conflict herewith are hereby repealed.

Section 14. Severability

The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part,

sentence, paragraph, section or clause of this Ordinance is adjudged unconstitutional or invalid by a court

or administrative agency of competent jurisdiction, the remainder of this Ordinance shall not be affect

thereby. This Ordinance is to be construed as being consistent with State and Federal law and regulations.

Section 15. Savings Clause

Legal proceedings presently pending under the prior ordinance or any ordinance provision that is hereby

repealed or replaced may proceed to judgment or decision and shall not be affected by this Ordinance.

Section 16. Effective Date

This ordinance shall take effect 30 days after adoption by the Township Board and publication thereof.

Bangor Township Clerk

I hereby certify the foregoing constitutes a true and complete copy of the ordinance adopted by the Bangor

Township Board of Trustees, County of Van Buren, Michigan, at a regular meeting held on June 11, 2019.

Date: June 11, 2019

Linda Poland, Bangor Township Clerk

This Ordinance was published on _______________________________

I:\PAM\BANGOR\OVR Ordinance 4-2019\ORV Ord 5-2019.wpd

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