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ORDINANCE NO. 5445 -72 <br />AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF <br />NORTH IRONWOOD DRIVE FROM APPROXIMATELY TWO <br />HUNDRED FEET SOUTH OF BADER AVENUE TO CORBY <br />BOULEVARD BY CONSTRUCTING A PUBLIC SIDEWALK <br />WHEREAS, the Common Council of the City of South Bend is <br />interested in providing for the safety and general welfare of <br />all of its citizens; and <br />WHEREAS, there exists an unsafe condition on North <br />Ironwood Drive from approximately two hundred feet south of <br />Bader Avenue to Corby Boulevard, to -wit, an absence of sidewalk <br />for pedestrian use on both the east and west side of North <br />Ironwood Drive; and <br />WHEREAS, the Common Council is authorized pursuant to <br />IC 19- 8 -16 -7, more commonly known as the City and Town, Street, <br />Alley and Other Public Improvement Act of 1969, to order by <br />ordinance certain improvements; and <br />WHEREAS, the Board of Public Works and Safety for the <br />City of South Bend has, on July 10, 1972, adopted Improvement <br />Resolution No. 3365, calling for the improvement of North <br />Ironwood Drive from approximately two hundred feet south of <br />Bader Avenue to Corby Boulevard by construction of a public <br />sidewalk; and <br />WHEREAS, a public hearing was held on August 9, 1972, <br />pursuant to advertised notice, at which hearing interested and <br />affected property owners were heard; and <br />WHEREAS, the Improvement Resolution No. 3365 above <br />referred to was first confirmed on that date; and <br />WHEREAS, following that hearing, a written remonstrance <br />against said improvement bearing signatures of fifty -one per <br />cent or more of the resident property owners abutting said <br />proposed improvement was filed on August 17, 1972, in the office <br />of the Clerk of the Board of Public Works and Safety, and <br />WHEREAS, the Board of Public Works and Safety, on <br />September 5, 1972, pursuant to discretion authorized by <br />IC 19- 8 -16 -7, rescinded their earlier Improvement Resolution <br />No. 3365; and <br />WHEREAS, the Common Council may, in the event of <br />remonstrance, order the said improvement specifically by <br />ordinance within sixty days after said remonstrance; and <br />WHEREAS, said improvement will be of general benefit for <br />the City of South Bend and the citizens thereof at large, as <br />well as of specific particular benefit to property owners in <br />the area wherein the improvement is to be located; therefore <br />