Amending Chapter 18 Procedures Vacation of Public Way and Public Places

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• ORDINANCE NO. 7812-87 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY A OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAY AND PUBLIC PLACES" STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, acknowledges that pursuant to I.C. 36-7-3-12, et sec. . , it is given the discretionary authority to vacate public ways and public places. The Council further notes that it has established a procedure consistent with the applicable state law which was incorporated into Ordinance No. 6979-81 and later modified by Ordinance No. 7300-84. The Council believes that neutral appraisals of the properties in question should be a part of the overall vacation process, and the following ordinance incorporates such a procedure. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 18, Article 5, of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: ARTICLE 5. PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES Sec. 18-53.8. Petition for vacation; fees; appraisal; ordinance to approve. (a) Any person interested in vacating all or part of a City street or alley or any other public place 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 ordinance shall be accompanied by the following when filed: (1) One Hundred Dollars ($100.00) cash or check to cover costs of legal advertising and recording. (2) One set of of certified, stamped, and addressed envelopes to each owner whose property abuts, the proposed vacated property and all other property owners within three hundred (300) feet of the proposed vacation. (3) One (1) written appraisal report, paid for by the petitioner, prepared by a neutral real estate appraiser licensed by the State of Indiana listing among other things the property's fair market value of its fee simple interest. (4) If said real estate is appraised at one hundred dollars ($100.00) or more, a certified check made payable to the City of South Bend equal to the amount of the fair market value of the real estate in question. (5) A brief statement as to reason for the vacation petition and the proposed use of vacated property, a legal description of the property proposed to be vacated, and the names and addresses of all owners whose property abuts the proposed vacated property and those within three (. nn\ moo+