HomeMy WebLinkAboutResolution No 19-2024 - Process for Street Alley VacationsRESOLUTION NO. 19-2024
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS
ESTABLISHING REVIEW CRITERIA FOR REQUESTS TO VACATE PUBLIC WAYS
AND PUBLIC PLACES
WHEREAS, pursuant to Chapter 18, Article 5, of the South Bend Municipal Code, the
procedures are defined for vacating all or part of a City street, alley, or other public place or way.
WHEREAS, the South Bend Board of Public Works (the “City”), Indiana reviews and
recommends all vacating all or part of a City street, alley, or other public place or way.
WHEREAS, on May 28, 2024, the South Bend Common Council passed an ordinance amending
these procedures in response to challenges identified in the administration of this process by the
Common Council, the Clerk’s Office, and City employees.
WHEREAS, the amended procedures also provide for “the city “to establish clear evaluation
criteria to guide review of vacation requests.
WHEREAS, the amended procedures will also provide for clear timelines within which property
owners must proceed to filing an ordinance for a property vacation following review by the
Board of Public Works, as well as ensuring post-filing review by City staff to check for any
changes after Board of Public Works review.
WHEREAS, the amended procedure is necessary for the effective, efficient administration of the
City’s property vacation process and in the best interest of the City and its residents.
NOW, THEREFORE BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC
WORKS AS FOLLOWS:
1. That the following criteria be used to evaluate vacating all or part of a City street, alley,
or other public place or way.
• Do any property owners currently access the alley?
• Do less than 50% of properties on the full block face have direct access to the street?
• Is there a future property development plan associated with this request?
• Is this the only midblock connection?
• Is the block length greater than 600’?
• Will the vacation result in a dead-end alley?
• Will vacating the alley allow for direct street access and interfere with a designated bike
route?
• Will vacating the alley allow for direct access to the street in a manner that will not meet
minimum engineering standards for traffic safety?
• Are there public or private utilities in the alley?
2. That this resolution shall be in full force and effect upon its adoption
ADOPTED at the meeting of the South Bend Board of Public Works held on July 9, 2024, South
Bend, Indiana 46601
July 9, 2024
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date July 2, 2024
Name Chris Dressel Department DCI
BPW Date July 2, 2024 Phone Extension 5847
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Michael Schmidt
Dept. Attorney Attorney Name
Purchasing
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Project Name
Resolution establishing review criteria for requests to vacate public ways
and public places.
Project Number
Funding Source
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Terms of Contract
Purpose/Description This is directed by council ordinance that has updated vacation procedures
deferring to BPW approved criteria
For Change Orders Only
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Decrease
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Current Percent of Change:
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