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HomeMy WebLinkAboutArticle 5 Chapter 18 Procedures for Vacation of Public Ways and Public Places • • ORDINANCE No. 7860-88 Passed by the Common Council of the City of South Bend,Indiana_ March 28, 88 19 Attest: City Clerk IRENE K. GAMMON Attest: - _ ..'...1 � - President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 29, 88 IQ City Clerk IRENE K. GAMMON Approved and signed by me CUC-C�. a9, 19 SR Mayor • SUBSTITUTE BILL NO. 8-88 ORDINANCE NO. 7,16.00-Apr AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 5, CHAPTER 18 OF THE MUNICIPAL CODE, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES" STATEMENT OF PURPOSE AND INTENT The Common Council notes that pursuant to Indiana Code 36-7-3-12 et seq. , it is given the discretionary authority to vacate public ways and public places. The Council further notes that it established its original procedure for such vacations in Ordinance No. 6979- 81 which was later modified by Ordinance No. 7300-84. On October 26, 1987, the Common Council passed Ordinance No. 7812-87 which incorporated a procedure of notification within 300 feet of the proposed vacation; which required the filing of an appraisal of said property; and which required additional payment from the petitioner if said property was valued at $100. 00 or more. Since the passage of Ordinance No. 7812-87, several administrative problems in overseeing the new procedure have been brought to the attention of the Council. In light of this problem the Council believes that Ordinance No. 7812-87 should be repealed and that the procedures be refined as addressed in this Bill. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 7812-87 passed by the Common Council on October 26, 1987, is hereby repealed. • SECTION II. Chapter 18, Article 5 of the Municipal Code of the City of South Bend, Indiana, is hereby amended in part to read as follows: ARTICLE 5. PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES Sec. 18-53.8. Petition for vacation; fees; ordinance to approve. (a) Any person interested in vacating all or part of the City street or alley or any other public place or way 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 --A4----- ...L...7 1 r-1 i ____-.. (2) Two (2) sets of certified, stamped, and addressed envelopes to each owner whose property abuts-the proposed-vacated-property is within fifty feet (50' ) of the exterior boundaries of such property proposed to be vacated. (3) A brief statement as to the reason(s) for the vacation petition and the proposed use of the vacated property, a legal description of the property proposed to be vacated, and the names and addresses of all owners whose property abuts-the-proposed-vacated-property. is within fifty feet (50') of the exterior boundaries of such property proposed to be vacated. (c) If the proposed vacation is for property whose area exceeds 3,200 square feet, the petitioner must additionally provide the following: (1) One (1) written appraisal, paid for by the petitioner, which has been prepared by a neutral real estate appraiser licensed to practice in the State of Indiana. Said appraisal must be dated within ninety (90) days of filing the petition for vacation, must list the property's fair market value of its fee simple interest, and must include its square footage total. (2) A certified check made payable to the City of South Bend equal to the appraised fair market value for said 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. (Ord. No. 6976-81, 1) Sec. 18-53.10. 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 Engineering Department and the Board of Public Works, and shall hear remonstrances based on grounds set forth in I.C. 36-7-3. 13. (b) The Common Council shall pass an Ordinance if it determines that the petition for vacation should be approved following the public hearing. (c) 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. (d) The City Clerk shall then notify the Board of Public Works, the Staff of the Area Plan Commission, • office by the petitioner. and-any-baianee-shah-be-returned to-the-pet+tener-alemg-w+th-a-eert+fied-espy-of-the erdimanee-apprev#ng-sa+d-vaeatien. If any additional money is due for such advertising and recording costs over and above the $150.00 fee, the petitioner shall pay the overage to the Office of the City Clerk. Upon passage of such vacation ordinance, the City Clerk shall send a certified copy to the petitioner. (f) If the Common Council fails to pass a proposed vacation ordinance whose petitioner was required to provide a certified check pursuant to Sec. 18-53.8 (c) (2) , said check shall be returned to the petitioner. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. � Member of the Common Council , CITY of SOUTH BEND �� JOSEPH E. KERNAN, MAYOR 4 / COUNTY CITY BUILDING SOUTH BEND. INDIANA 46601 Area 219 264.9321 February 1, 1988 Members of the Common Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Procedure to Vacate Public Ways and Places Dear Council Members: It has been brought to my attention that there are several administrative problems resulting from the new procedures required by Ordinance No. 7812-87. That ordinance passed by the Common Council on October 26, 1987 basically did three things: it required notice to all property owners within 300 feet of a proposed vacation, it required a written appraisal report, and it required payment from the petitioner if the appraisal was one hundred dollars or more. It is my understanding that the City Clerk's Office has received comments from real estate appraisers noting the difficulty in preparing such appraisals. The Clerks office has also had difficulty with regard to the 300 foot requirement. In reviewing the overall procedures, it would appear that in order to eliminate the problems resulting from these new procedures, that the Council repeal Ordinance No. 7812-87 . It is also suggested that the overall fee paid by the petitioner be increased to $150. 00 and be non-refundable. Pursuant to State law the City is required to charge the petitioner for all expenses resulting from such a vacation. The proposed fee would pay for the legal advertising, recording, and would be a minimal offset to the time spent by City personnel in making the various reviews required. I will be requesting that this Bill be sent to the Zoning and Vacation Committee so that there can be a thorough and complete review of the vacation procedures. I look forward to discussing your questions and concerns. Thank you. Sincerely, Linus K. Slavinskas, Chairman Zoning and Vacation Committee KCF:srk cc: Council Members Plum ntttrr Er port can the Minimum (IIouuril of tiir fltitJ of ii5vittil Wrnd: Your Committee of the Whole to whom was referred BILL NO. 8-88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 5, CHAPTER 18 OF THE MUNICIPAL CODE, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES. " • Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable •i Thomas Zakrzewski Chairman neve sssss PUOLISHINO CO.