Amending Chapter 18 Procedures for vacation of Public ways and public places

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Substitute Bill No. 8-90 Ordinance No. /074-90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 18, ARTICLE 5, SECTION 18-53 .8 OF THE MUNICIPAL CODE COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES" STATEMENT OF PURPOSE AND INTENT The following Bill would delete the current local requirement that appraisals be required of any proposed vacation of property which exceed thirty two hundred square feet and the requirement of a check in the amount of the appraised fair market value. The proposed ordinance is the result of further review and research of this procedure and is a joint recommendation of the City Attorney's office and the Council Attorney. It is believed that the following Bill is in the best interests of the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 18, Article 5, Section 18-53 .8 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 18-53.8. Petition for vacation; fees; appra+sai; ordinance to approve. (a) Any person interested in vacating all or part of a City street or alley or any other public place or way within the city shall file petition for vacation and a proposed ordinance approving said petition with the office of the City Clerk. (b) The petition for vacation and the proposed ordinance shall be accompanied by the following when filed: (1) The nonrefundable sum of one hundred fifty dollars ($150.00) cash or check to cover costs of legal advertising, and recording, and related expenses. (2) Two (2) sets of certified, stamped, and addressed envelopes to each owner whose property is within f+fty--(&0-} one hundred and fifty (150) feet of the exterior boundaries of such property proposed to be vacated. (3) A brief statement as to the reason(s) for the vacation petition and the proposed use of the vacated property, a legal description of the property proposed to be vacated, and the names and addresses of all owners whose property is within €+fty--(-50.} one hundred fifty (150) feet of the exterior boundaries of such property proposed to be vacated.