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

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, CITY of SOUTH BEND �� JOSEPH E. KERNAN, MAYOR 4 / COUNTY CITY BUILDING SOUTH BEND. INDIANA 46601 Area 219 264.9321 February 1, 1988 Members of the Common Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Procedure to Vacate Public Ways and Places Dear Council Members: It has been brought to my attention that there are several administrative problems resulting from the new procedures required by Ordinance No. 7812-87. That ordinance passed by the Common Council on October 26, 1987 basically did three things: it required notice to all property owners within 300 feet of a proposed vacation, it required a written appraisal report, and it required payment from the petitioner if the appraisal was one hundred dollars or more. It is my understanding that the City Clerk's Office has received comments from real estate appraisers noting the difficulty in preparing such appraisals. The Clerks office has also had difficulty with regard to the 300 foot requirement. In reviewing the overall procedures, it would appear that in order to eliminate the problems resulting from these new procedures, that the Council repeal Ordinance No. 7812-87 . It is also suggested that the overall fee paid by the petitioner be increased to $150. 00 and be non-refundable. Pursuant to State law the City is required to charge the petitioner for all expenses resulting from such a vacation. The proposed fee would pay for the legal advertising, recording, and would be a minimal offset to the time spent by City personnel in making the various reviews required.