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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Sec. 18-53.10. -Notice of petition. (a) The City Clerk shall refer a copy of the petition for vacation to the Engineering Department and Department of Community Investment for review under Subsection 18- 53.9(a) of this Article. (b) The City Clerk shall give notice of the petition and of the time and place of the public hearing as provided by State law. Sec. 18-53.11. - 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_Department of Community Investment/ Engineering Department, and/or other city personnel with required expertise and the Board of Public Works and shall hear remonstrances based on grounds set forth in IC 36- 7-3-13 or as otherwise set forth in I.C. 36-7-3 et seq. (b) After the hearing on the petition, the Common Council may vacate the property by ordinance. (c) Following approval by the Common Council and the Mayor, the City Clerk shall record, in the St. Joseph County's Recorder's office, a certified copy of the ordinance approving the petition for vacation. The City Clerk shall provide the petitioner a certified copy. (d) The City Clerk shall then notify the Board of Public Works, the South Bend Plan Commission, Department of Community Investment, the Engineering Department, the Bureau of Traffic and Lighting, the Street Department, the Police Department, the Fire Department, the County Auditor and appropriate Township Assessor's office, other necessary City or County Departments existing at the time of the vacation with similar responsibilities to the foregoing, and all relevant utilities or other service providers of the vacation. Notifications shall be additionally sent to the South Bend Community School Corporation Transportation Division if the vacation involves a public street. (e) The City Clerk shall pay all advertising and recording costs incurred by said vacation from the one hundred fifty dollars ($150.00) initially paid by the petitioner. If any additional money is due for such advertising and recording costs over and above the one hundred fifty dollars ($150.00) fee, the petitioner shall pay the overage to the Clerk's Office. Upon passage of such vacation ordinance, the City Clerk shall send a certified copy to the petitioner. SECTION II. This Ordinance shall be in full force and effect after adoption by the Common Council and approval by the Mayor. Canneth Lee, President, South Bend Common Council 3