Loading...
HomeMy WebLinkAboutAmending Chapter 18 Procedures Vacation of Public Way and Public Places • ORDINANCE No. 7812-87 Passed by the Common Council of the City of South Bend, Indiana October 26, 19 87 Attest: 4-4 a City Clerk IRENE K. GAMMON f At • President of Common Council I ' / Presented by me to the Mayor of the City of South Bend, Indiana October 27 , Ig 87 —K-�' City Clerk IRENE K. GAMMON Approved and signed by me arrige 017 ig 87 `�� ' Mayor • ORDINANCE NO. 7812-87 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY A OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAY AND PUBLIC PLACES" STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, acknowledges that pursuant to I.C. 36-7-3-12, et sec. . , it is given the discretionary authority to vacate public ways and public places. The Council further notes that it has established a procedure consistent with the applicable state law which was incorporated into Ordinance No. 6979-81 and later modified by Ordinance No. 7300-84. The Council believes that neutral appraisals of the properties in question should be a part of the overall vacation process, and the following ordinance incorporates such a procedure. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 18, Article 5, of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: ARTICLE 5. PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES Sec. 18-53.8. Petition for vacation; fees; appraisal; 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) One Hundred Dollars ($100.00) cash or check to cover costs of legal advertising and recording. (2) One set of of certified, stamped, and addressed envelopes to each owner whose property abuts, the proposed vacated property and all other property owners within three hundred (300) feet of the proposed vacation. (3) One (1) written appraisal report, paid for by the petitioner, prepared by a neutral real estate appraiser licensed by the State of Indiana listing among other things the property's fair market value of its fee simple interest. (4) If said real estate is appraised at one hundred dollars ($100.00) or more, a certified check made payable to the City of South Bend equal to the amount of the fair market value of the real estate in question. (5) A brief statement as to reason for the 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 whose property abuts the proposed vacated property and those within three (. nn\ moo+ (a) The City Clerk shall refer a copy of the petition for vaca- tion 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 P,iblic Works for their writ- ten 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 pub- lic hearing on said petition. The Council shall consider and re- view 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, Community Development , the Engineering Department , the appropriate Township Assessor' s office, the Bureau of Traffic and Lighting, the Street Department , and the Fire Department of the vacation. (e) The City Clerk shall pay all advertising and recording costs incurred by said vacation from the meaey one hundred dollars ($100. 00) initially paid to said office by the petitioner, and any balance shall be returned to the petitioner along with a certified copy of the ordinance approving said vacation. (Ord. No . 6976-81 , 1 ; Ord. No . 7300-84, 2) 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. / !: ei - iber •f the Common Council it _ i (embef I 1Ir / the Common Cf cil CITY of SOUTH END o.0TR�1% ROGER O. PARENT, Mayor Ar® 6"i O l�I�I�GI'/��� ' O O s�y1 �4; d o COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 "Lief �► ite :z, A ��E) s /�'`,,�' s October 7 , 1987 0 mot : '® Members of the Common Council JOSEPH T.SERGE Council Chambers Area 219284.9321 President EUGENIABRABOY 4th Floor, County City Building Vice-President South Bend, IN. 46601 ANN B.PUZZELLO Chairman, Committee of the Whole The attached bill would amend the ordinance addressing the vacation of public ways and public places. JOSEPH T.SERGE First District EUGENIA BRABOY We have found over the past several months Second District that many tax payers are questioning why the City BEVERLIEJ.BECK of South Bend does not receive a neutral appraisal ThirdDistrict on such properties as well as the fair market val- ANN B.PUZZELLO Fourth District ue when approving such vacations. ROBERT G.TAYLOR Fifth District The proposed ordinance would require that the THOMASZAKRZEWSKI petitioner present at the time of filing his or her Sixth District request for a vacation, a written appraisal report JAMES BARCOME At t Large showing the fair market value of the property in ALB.PASZEK question. This approved, the ordinance would re- At Large quire that for those properties appraised to be JOHN VOORDE one hundred dollars ($100. 00) or more, that the At Large KATHLEEN CEKANSKI-FARRAND petitioner would pay to the City of South Bend the Council Attorney fair market value as well as the cost for legal advertising and recording in addition to the apprai- sal. If the property in question is appraised to be less than one hundred dollars ($100. 00) , the petitioner would be responsible for the payment of recording and advertising fees as well as the cost of the appraisal. We believe that this procedure is equitable and consistent with Indiana law. We look forward to discussing this bill with you when it is referred to the Zoning and Vacation Committee. Thank you. 'ncerely, 0v �0 'es I. Barcome uncilman at Large Attachment Joseph T. Serge Council President • Qi ummttttr at port Olu alunuuiun Ulounril of Or QIttg of ftnt.t Virtu): Your Committee of the Whole to whom was referred BILL NO. 104-87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ARTICLE 5, WAYMANDY REFERRED PUBLIC TO AS TO PLACES" Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, on page 1, last paragraph, make that (5) and add a new paragraph (c) . Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO.