Amending Chapter 18 Vacation of Public Ways and Public Places

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ORDINANCE NO. 6976 -81 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 18, BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT On September 1, 1981, the jurisdiction over petitions to vacate a city street or alley, and other public places was removed from the Board of Public Works and transferred to the Common Council. The new state law governing this procedure can be found in Indiana Code 36- 7 -3 -12. The following bill establishes the procedures to be used in such alley and street vacations, and other public place vacations. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of new Article 5 in Chapter 18, which shall read in its entirety as follows: Article 5. Procedures for vacation of public ways and public places Sec. 18 -53.8 Petition for Vacation /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) Seventy -five Dollars ($75.00) cash or check to cover costs of legal advertising and recording. 2) One set of certified, stamped, and addressed envelopes to each property owner within two - hundred (200) feet of 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 property within two - hundred (200) feet of the proposed vacated property. Sec. 18 -53.9 Notice of Petition (a) The City Clerk shall refer a copy of the Petition for Vacation to the Engineering Department for a review of any utilities in the area and the preparation of a drawing. (b) The City Clerk shall simultaneously refer a copy of the Petition for Vacation to the Board of Public Works for their written review and recommendation. (c) The City Clerk shall give notice of the petition and of the time and place of the public hearing as provided by State law.