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i <br /> ORDINANCE NO. 78?7-gig' <br /> AN ORDINANCE TO VACATE THE FOLLOWING <br /> DESCRIBED PROPERTY <br /> The First East/West Alley North of Northside Blvd. , running West from <br /> Oakland St., for a distance of approximately 120 feet to the First <br /> intersectin North/South Alley, all located in Oakland Park Addition to <br /> the City of South Bend. <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged <br /> with the auhtority to hear all petitions to vacate public ways or public places <br /> within the City. <br /> The following Ordianance vacated the above described public property. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH <br /> BEND, INDIANA, AS follows: <br /> SECTION I. the Common Council of the City of South Bend having held a public <br /> hearing on the petition to vacate the following property: <br /> The First East/West Alley North of Northside Blvd., running West from <br /> Oakland St., for a distance of approximately 120 feet to the First <br /> intersecting north/South Alley, all located in the Oakland Park Addition <br /> to the City of South Bend. <br /> hereby determines that it is desirable to vacate said property. <br /> SECTION II. The City of South Bend hereby reserves the rights and <br /> easements of all utilities and the Municipal City of South Bend, Indiana <br /> to construct and maintain any facilities, including, but not limited to, the <br /> following: electric, telephone, gas, water, sewer, surface water control structures <br /> and ditches, within the vacated right-of-way, unless such rights are released <br /> by the individual utilities. <br /> SECTION III. The following property may be injuriously r'r beneficially <br /> affected by such vacating: Lot #115, 116, 117, 118, 42. <br /> SECTION IV. The purpose of the vacation of the real property is to: <br /> Create better security and safety for adjacent properties and for the community <br /> in general. The existing property (as is) seems to invite individuals who <br /> exceed speed limits, drive wreckless, drink alcohol publicly, loiter and litter. <br /> . We the Petitioners view these types of activities as a safety and security hazard <br /> for the whole community. This alley which currently serves no purpose (other <br /> than that noted) if vacated, will be upgraded in a fashion that can enhance the <br /> communities aesthetics and delete the security/safety problem which now exists. <br /> Should this alley be vacated by the city of South Bend the private sector will <br /> be in a better position to maintain the property. <br /> SECTION V. This ordinance shall be in full force and effect from and after <br /> its passage by the Common Council and approval by the Mayor. <br /> Membe of the Common Council <br />