Amending Chapter 18 Procedures for vacation of Public Ways and Public Places

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BILL NO. ORDINANCE NO. `J 3 O o -�-; q AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, ENTITLED PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT In order to bring the existing ordinance into compliance with recent statutory changes, the Common Council finds it necessary to make certain technical changes in Chapter 18, Article 5 of the South Bend Municipal Code which established the procedure to be used in the vacation of public ways. 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 South Bend Municipal Code is hereby amended at Sec. 18- 53.8(b), as follows: Sec. 18 -53.8. Petition for Vacation /Ordinance to Approve. (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 certified, stamped, and addressed envelopes to each owner whose property abuts prop-e-rt- jr- - owner -i�ri- ��ro-- rd�ed- {�fl{}j -feet -o-f the proposed vacated property. A brief statement as to reason for 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-of whose property abuts the proposed vacated property. SECTION II. Chapter 18, Article 5 of the South Bend Municipal Code is hereby amended at Sec. 18- 53.10(a), as follows: Sec. 18- 53.10. Public Hearing. (a) Within thirty (30) days of the filing of a Petition for Vacation with the City Clerk, the Common Council shall hold a public hearing on said petition. The Council shall consider and review all reports received from the Engineering Department, and the Board of Public Works and shall hear remonstrances based on grounds set forth in IC 36- 7 -3 -13. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. I - / 9st READING I- a � 3 - / PUBLIC HEARING �' 13 8 q Member of the Com n Council 2nd READING o? NOT APPROVED REFERRED � ! _ � q g] �f PASSED ti: FILED ID CL E 'S OFFICE „ 1984 Irene Gammon CITV CLERK. SMTH BEND. IND.