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ORDINANCE NO. l 02–S � —0 <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE PUBLIC ALLEY EAST OF MAIN STREET BOUNDED BY WAYNE STREET <br />ON THE NORTH AND WESTERN AVENUE ON THE SOUTH <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the <br />authority to hear all petitions to vacate public ways or public places within the City. <br />The following Ordinance vacates the above described public property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend having held a public <br />hearing on the petition to vacate the following property: <br />The public alley east of Main Street bounded by Wayne Street on the north and <br />Western Avenue on the south, also known as Otsego Street as shown on the <br />recorded Original Plat of the Town, now City, of South Bend, St. Joseph County, <br />Indiana. <br />hereby determines that it is desirable to vacate said property. <br />SECTION II. The City of South Bend hereby reserves the rights and easements of all <br />utilities and the Municipal City of South Bend, Indiana to construct and maintain any facilities, <br />including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water <br />control structures and ditches, within the vacated right -of -way, unless such rights are released by <br />the individual utilities. <br />SECTION III. The following property may be injuriously or beneficially affected by such <br />vacating: <br />St. Joseph County Public Library <br />c/o Donald J. Napoli, Director <br />304 South Main Street <br />South Bend, IN 46601 <br />