03/27/72 Board of Public Works Minutes

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1 25ti 3/27/72 iVE - JAMES M.QUiLL ET AL A petition was received from James M. Quili at al to vacate Oak Park Drive from Oakridge Drive/Oak Park Drive intersection to the West property line of 1817 Oak Park Drive, The following letter accompanied the petition; March 17, 1972 Mr. Charles Sweeney, President Board of Public Works and Safety 14th floor County City Building South Bend, Indiana Dear Chuck: i wholeheartedly support the petition of the 'residents, who live on Oakpark and Oakridge drives intersection, to vacate the dangerous hill immediately east of said intersection. The Oakpark and Oakridge intersection has been the scene of many accidents which have resulted in many injuries and much property damage. Four accidents have occurred since January 1 of this year. The permanent vacation of the Oakpark Drive hill has simply become a matter of public safety, i also support the petitioners' request that the $75.00 fee to defray the cost of advertising for the necessary public hearings be waived. The vacation of the dangerous hill of Oakpark Drive is necessary for the safety of the public and no specific benefit will accrue to the petitioners. Enclosed is a copy of the letter from the City Legal Department pertaining to the request to waive the $75.00 fee, Thank you. j vg The Honorable Roger 0. Parent Councilman - Fourth District 441 County City Building South Bend, Indiana Dear Roger: Sincerely, s/ Roger Roger 0. Parent March 10, 1972 in response to your letter of March 6, 1972, although there is no specific provision of law which answers your question, my conclusion is that it Is within the discretion of the Board of Public Works and Safety to waiver payment of costs if the Board determines that (1) the vacation of the street is necessary to the public safety (not simploy for the public benefit 2 no specific benefit will accrue to the petitioners (I. e. petitioners are not motivated by personal gail to be derived from the vacation,) is a However, because this/matter for:5determination by the Board of Public W orks and Safety, I suggest that you present this question to the Board with a copy of this letter attached, The Board will not, of course, make a determination on this particular case.untii the petition has been filed and the waiver request made but the Board may provide you with the general principles to be applies. KJB/j Yours,very truly, s/ Kevin Kevin J. Butler 1 1 1