Article 5 Chapter 18 Procedures for Vacation of Public Ways and Public Places

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• SUBSTITUTE BILL NO. 8-88 ORDINANCE NO. 7,16.00-Apr AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 5, CHAPTER 18 OF THE MUNICIPAL CODE, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES" STATEMENT OF PURPOSE AND INTENT The Common Council notes that pursuant to Indiana Code 36-7-3-12 et seq. , it is given the discretionary authority to vacate public ways and public places. The Council further notes that it established its original procedure for such vacations in Ordinance No. 6979- 81 which was later modified by Ordinance No. 7300-84. On October 26, 1987, the Common Council passed Ordinance No. 7812-87 which incorporated a procedure of notification within 300 feet of the proposed vacation; which required the filing of an appraisal of said property; and which required additional payment from the petitioner if said property was valued at $100. 00 or more. Since the passage of Ordinance No. 7812-87, several administrative problems in overseeing the new procedure have been brought to the attention of the Council. In light of this problem the Council believes that Ordinance No. 7812-87 should be repealed and that the procedures be refined as addressed in this Bill. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 7812-87 passed by the Common Council on October 26, 1987, is hereby repealed. • SECTION II. Chapter 18, Article 5 of the Municipal Code of the City of South Bend, Indiana, is hereby amended in part to read as follows: ARTICLE 5. PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES Sec. 18-53.8. Petition for vacation; fees; ordinance to approve. (a) Any person interested in vacating all or part of the City street or alley or any other public place or way within the City shall file a 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 --A4----- ...L...7 1 r-1 i ____-..