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07-25 Amending Chapter 18, Article 5 of the South Bend Municipal Code to Update the Procedures for Vacation of Public Ways and Public Places
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07-25 Amending Chapter 18, Article 5 of the South Bend Municipal Code to Update the Procedures for Vacation of Public Ways and Public Places
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2/5/2025 1:34:21 PM
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2/5/2025 9:59:18 AM
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t�,CE�F.�� Filed in Clerk's Office <br /> I� <br /> FEB 0 5 2025 <br /> *« Bianca Tirado <br /> r City Clerk, South Bend, IN <br /> OFFICE OF THE CITY CLERK <br /> BIANCA L. TIRADO, CITY CLERK <br /> PUBLIC RIGHT-OF-WAY VACATION PROCEDURES <br /> OVERVIEW <br /> The formal procedures for the vacation of public rights-of-way are contained in Article 5, §18-53.8 of <br /> the South Bend Municipal Code. The steps below provide additional details to help the petitioner <br /> through the process. <br /> PROCEDURES& PROCESS <br /> STEP 1 The Petitioner completes a Public Right of Way Vacation Pre-Application form, available <br /> at https://southbendin.gov/board/public-works/ and submits to <br /> kmalas@southbendin.gov. City of South Bend Engineering and Department of <br /> Community Investment staff will review the form and follow up with the petitioner for <br /> more information or questions as needed before issuing the preliminary written <br /> recommendation. City Staff will also explain the process and inform the petitioner of <br /> any potential opposition to the vacation. <br /> All requests are weighed against established criteria and staff generates a preliminary <br /> recommendation shared with the petitioner. The petitioner will determine whether or <br /> not to proceed with the request.There is no fee to submit a pre-application form. <br /> STEP 2 Following preliminary review, if the petitioner wishes to continue the request, they will <br /> submit the completed pre-application with staff comments to the Board of Public Works <br /> (BPW) on the 13th Floor of the County-City Building. A$300 non-refundable fee is due at <br /> this time. <br /> A radius map and list of addresses within 150 feet is generated by Engineering and the <br /> request is typically distributed to the following departments for review and comment: <br /> Community Investment,Engineering, Police,and Fire. Following review,the petition and <br /> recommendation will be placed on an upcoming BPW agenda. After the BPW meeting, <br /> an ordinance and legal description will be drafted and provided to the petitioner with <br /> instructions for filing with the Clerk's Office along with a letter containing the BPW <br /> recommendation. <br /> STEP 3 The Petitioner pays a $150 nonrefundable filing fee to the Clerk's Office to file an <br /> ordinance drafted by Legal Department. The Clerk's Office processes the vacation <br /> request by preparing the envelopes for public hearing and the petition to Vacate Public <br /> Rights-of-Way for signature. The Clerk's Office files the Ordinance and Petition to be <br /> INTEGRITY I SERVICE I ACCESSIBILITY <br /> Elivet Quijada-Navarro Matthew Neal <br /> CHIEF OF STAFF/CHIEF DEPUTY Cm(CLERK DEPUTY CITY Ci FRK/DIRECTOR OF POLICY <br /> EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT <br /> 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p.574.235.9221 I f.574.235.9173 I www.southbendin.gov <br />
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