STATE OF INDIANA	)		BEFORE THE BOARD OF COUNTY						) SS:		
COUNTY OF CLAY		)		COMMISSIONERS OF CLAY COUNTY, 

						INDIANA	

IN RE THE TEMPORARY CLOSING		)
							)
OF COUNTY ROAD 100 E.			)
					
PETITION TO CLOSE TEMPORARILY 
A PORTION OF COUNTY ROAD 100 E.

	Sunrise Coal, LLC (the “Petitioner”) respectfully petitions and shows the following to the Board of County Commissioners of Clay County, Indiana:

	1.	The Petitioner is Sunrise Coal, LLC located at 1183 East Canvasback Drive, Terre Haute, Indiana 47802.

	2.	County Road 100 E. is located in Harrison Township, Clay County, Indiana. 

	3.	The Petitioner seeks to close, for a duration of 30 days, that part of County Road 100 E. that intersects with County Road 750 S.  The portion of County Road 100 E. that is sought in this Petition to be closed temporarily will be referred to as “Part of CR 100 E.”, the location of which is illustrated in Exhibit A, attached hereto.

	4.	Temporarily closing Part of CR 100 E. is in the public and economic interests of Clay County, Indiana.

	5.	Temporarily closing Part of CR 100 E. will not interfere unreasonably with the flow of traffic on the county road system. 

	6.	All owners of real estate adjacent to Part of CR 100 E. temporarily sought to be closed have consented to the granting of this Petition.
	
7.	The Board of County Commissioners of Clay County, Indiana, is the county executive of Clay County, Indiana, and under Indiana Code §8-20-8-4 and the provisions of the laws of the State of Indiana related to home rule, the county executive is authorized to close temporarily a county road in response to an appropriate petition.

8.	In consideration of Part of CR 100 E. being temporarily closed, the Petitioner will post a surety bond of $100,000.00 (which may be the same bond as required in the CR 100 E. Widening Project).

	9.	Upon the closure of Part of CR 100 E., Petitioner will construct a reinforced concrete pad, 50 feet by 35 feet in size, to allow the crossing of mining equipment, and said concrete pad and intersection will be maintained by the Petitioner for the duration of its mining operations.

	10.	If the construction of the aforementioned concrete pad requires leaving the boundaries of the 33 feet wide County Right-of-Way, Sunrise will secure the necessary rights-of-way from adjoining landowners.  

	11.	Upon the reopening of CR 100 E., Petitioner will place stop signs for public traffic on each side of the intersection of CR 100 E. and CR 750 S.  Said stop signs will be clearly marked with flashing red lights.

	WHEREFORE, the Petitioner, Sunrise Coal, LLC, prays the Board of County Commissioners of Clay County, Indiana, to hold a hearing on this petition, to adopt an ordinance closing temporarily Part of CR 100 E., and to grant all other relief just and proper in the premises.

		Sunrise Coal, LLC

By: ______________________________
				       		Jamalyn N. Sarver, as Property Manager

Samuel C. Drummy, Attorney for Petitioner
THE ROWE LAW FIRM, LLC
1418 N. 1000 W
Linton, Indiana  47441
Tel: 812-847-4751
Fax: 812-847-4752
Attorney No. 30590-84	

STATE OF INDIANA	)		BEFORE THE BOARD OF COUNTY						) SS:		
COUNTY OF CLAY		)		COMMISSIONERS OF CLAY COUNTY, 

						INDIANA	

IN RE THE TEMPORARY CLOSING		)
							)
OF COUNTY ROAD 100 E.			)

ORDINANCE NO. 2013 -

(An ordinance closing temporarily a portion of County Road 100E.)

	On February 4, 2013, the Board of County Commissioners of Clay County, Indiana (the “County Commissioners”) considered the exercise of its home rule powers in closing temporarily that part of County Road 100 E. that intersects with County Road 750 S., all in Harrison Township, Clay County, Indiana, pursuant to a petition (the “Petition”) filed on February 4, 2013, by Sunrise Coal, LLC (the “Petitioner”).  The portion of County Road 100 E. sought in the Petition to be closed temporarily is referred to herein as “Part of CR 100 E.”.  

The County Commissioners also discussed the public and economic interests of Clay County, Indiana, associated with the Petition and whether closing temporarily Part of CR 100 E. as set forth in the Petition would interfere unreasonably with the flow of traffic on the county road system.

	After consideration and discussion, the following ordinance was adopted upon a motion to suspend the rules and approve on first reading duly made, seconded, and unanimously approved, and motion to approve, duly made, seconded, and unanimously approved:

	BE IT ORDAINED by the Board of County Commissioners of Clay County, Indiana, that the following findings are made and the following ordinance is adopted:

	A.  FINDINGS

1.	The Board of County Commissioners of Clay County, Indiana (the 
“County Commissioners”) is the County Executive of Clay County, Indiana.

2.	That part of County Road 100 E. that intersects with County Road 750 S. sought to be closed temporarily is located in Clay County, Indiana.

3.	The County Commissioners have jurisdiction over said County Road 100 E. and jurisdiction over the Petition.

4.	The Board of County Commissioners is the executive of Clay County, Indiana, and has authority to exercise home rule powers.

5.	Closing temporarily that part of County Road 100 E. that intersects with County Road 750S (“Part of CR 100 E.”), all of which is located in Harrison Township, Clay County, Indiana:

		a.	is in the public and economic interests of Clay County, Indiana, and

		b.	will not interfere unreasonably with the flow of traffic on the county road system of Clay County, Indiana.

6.	The Board of County Commissioners is empowered to close county roads temporarily pursuant to Indiana Code Chapter 8-20-8 and the provisions of the Indiana home rule statutes.

7.	All owners of real estate adjacent to Part of CR 100 E. sought to be closed temporarily as set forth in the Petition have consented to the Petition.

8.	That part of County Road 100 E. that intersects with County Road 750 S., all of which is located in Harrison Township, Clay County, Indiana, should be closed temporarily for a period of 30 days or less, with the road reopened no later than March 16, 2013.

9.	After completing its construction of a 50 feet by 35 feet reinforced concrete pad over the intersection, which shall be completed within 30 days or less, with the road reopened no later than March 16, 2013, the Petitioner shall be responsible for the maintenance and repair of the intersection of CR 100 E. and CR 750 S., the location of which is illustrated in Exhibit A, attached hereto.  

10.	If the construction of the aforementioned concrete pad requires leaving the boundaries of the 33 feet wide County Right-of-Way, Sunrise will secure the necessary rights-of-way from adjoining landowners.  

11.	Upon the reopening of CR 100 E., Petitioner shall place stop signs for public traffic on each side of the intersection of CR 100 E. and CR 750 S.  Said stop signs will be clearly marked with flashing red lights and shall comply with U.S. Department of Transportation Federal Highway Administration Manuel of Uniform Traffic Control Devices.

12.	That along with this adoption of an ordinance temporarily closing Part of CR 100 E. described in paragraph 8, above, the Executive and the Petitioner have signed a written agreement stating the terms of the agreement between the County Commissioners and the Petitioner for closing temporarily Part of CR 100 E.

B.  ORDINANCE

1.	County Road 100 E. at its intersection with County Road 750 S., (“Part of CR 100 E.”) all in Harrison Township, Clay County, Indiana, be and the same hereby is closed temporarily for a period of 30 days or less, with the road reopened no later than March 16, 2013.  

2.	The adoption of this ordinance constitutes a written document stating the terms of an agreement between the County Commissioners and the Petitioner for closing temporarily Part of CR 100 E., such agreement being that:

		a.	the Petitioner will post a surety bond of $100,000.00 payable to the Board of County Commissioners of Clay County, Indiana, with Lexon Insurance Company as surety thereon,

		b.	for the duration that Part of CR 100 E. is closed, the Petitioner shall maintain Part of CR 100 E. as the Petitioner deems appropriate for its uses, and the County Commissioners shall have no responsibility for the maintenance thereof, and
	
c.	after completing its construction of a 50 feet by 35 feet reinforced concrete pad over the intersection, which shall be completed within 30 days or less, with the road reopened no later than March 16, 2013, the Petitioner shall be responsible for the maintenance and repair of the intersection of CR 100 E. and CR 750 S., the location of which is illustrated in Exhibit A, attached hereto.

d.	upon the reopening of CR 100 E., Petitioner shall place stop signs for public traffic on each side of the intersection of CR 100 E. and CR 750 S.  Said stop signs will be clearly marked with flashing red lights and shall comply with U.S. Department of Transportation Federal Highway Administration Manuel of Uniform Traffic Control Devices. 

	ADOPTED BY THE BOARD OF COMMISSIONERS OF CLAY COUNTY, INDIANA
this 4th day of February, 2013.

______________________________
Paul Sinders, President	

______________________________Tony Fenwick, Member

							______________________________
							Bryan Allender, Member

ATTEST:

______________________________
Mary Jo Alumbaugh

AGREEMENT TO CLOSE TEMPORARILY 
A PORTION OF COUNTY ROAD 100 E.

	Whereas Sunrise Coal, LLC has respectfully petitioned the Board of County Commissioners of Clay County, Indiana to close temporarily a portion of County Road 100 E.; 

	Whereas County Road 100 E. is located in Harrison Township, Clay County, Indiana. 

	Whereas	Sunrise Coal, LLC seeks to close, for a duration of 30 days, that part of County Road 100 E. that intersects with County Road 750 S.  The portion of County Road 100 E. that is sought in this Petition to be closed temporarily will be referred to as “Part of CR 100 E.”, the location of which is illustrated in Exhibit A, attached hereto.

	Now Therefore, in consideration of the agreements between the parties, and $1.00 and other valuable consideration, the receipt and sufficiency of which is acknowledged, each paid to the other, the parties agree as follows: 

1.	County Road 100 E. at its intersection with County Road 750 S., (“Part of CR 100 E.”) all in Harrison Township, Clay County, Indiana, be and the same hereby is closed temporarily for a period of 30 days or less, with the road reopened no later than March 16, 2013.  

2.	The adoption of the Ordinance constitutes a written document stating the terms of an agreement between the County Commissioners and Sunrise Coal, LLC for closing temporarily Part of CR 100 E., such agreement being that:

		a.	the Petitioner will post a surety bond of $100,000.00 payable to the Board of County Commissioners of Clay County, Indiana, with Lexon Insurance Company as surety thereon,

		b.	for the duration that Part of CR 100 E. is closed, the Petitioner shall maintain Part of CR 100 E. as the Petitioner deems appropriate for its uses, and the County Commissioners shall have no responsibility for the maintenance thereof, and
	
c.	after completing its construction of a 50 feet by 35 feet reinforced concrete pad over the intersection, which shall be completed within 30 days or less, with the road reopened no later than March 16, 2013, the Petitioner shall be responsible for the maintenance and repair of the intersection of CR 100 E. and CR 750 S., the location of which is illustrated in Exhibit A, attached hereto.

d.	If the construction of the aforementioned concrete pad requires leaving the boundaries of the 33 feet wide County Right-of-Way, Sunrise will secure the necessary rights-of-way from adjoining landowners.  

e.	upon the reopening of CR 100 E., Petitioner shall place stop signs for public traffic on each side of the intersection of CR 100 E. and CR 750 S.  Said stop signs will be clearly marked with flashing red lights and shall comply with U.S. Department of Transportation Federal Highway Administration Manuel of Uniform Traffic Control Devices. 

f.  that all other provisions of the Ordinance are incorporated herein by reference.

3.	Jamalyn N. Sarver, as Property Manager for Sunrise Coal, LLC, acknowledges under the penalties of perjury that she has been duly authorized by Sunrise Coal, LLC to enter into this Agreement on behalf of Sunrise Coal, LLC. 

	Dated this 4th day of February, 2013.

Clay County Commissioners:		Sunrise Coal, LLC: 

______________________________	______________________________
Paul Sinders, President            Jamalyn N. Sarver, as Property Manager	

______________________________
Tony Fenwick, Member

______________________________
Bryan Allender, Member