HomeMy WebLinkAboutAmending Chapter 18 Procedures for vacation of Public Ways and Public PlacesORDINANCE No. 7300 -84
Passed by the Common Council of the City of South Bend, Indiana
_ February 13, io 84
Attest: �rz City Clerk
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
February 14, �o 84
of Common Council
IRENE K. GAMMON
Approved and signed by me
Clerk
BILL NO.
ORDINANCE NO. `J 3 O o -�-; q
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18,
ARTICLE 5, ENTITLED PROCEDURES FOR VACATION
OF PUBLIC WAYS AND PUBLIC PLACES
STATEMENT OF PURPOSE AND INTENT
In order to bring the existing ordinance into compliance
with recent statutory changes, the Common Council finds it necessary
to make certain technical changes in Chapter 18, Article 5 of the
South Bend Municipal Code which established the procedure to be used
in the vacation of public ways.
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 South Bend
Municipal Code is hereby amended at Sec. 18- 53.8(b), as follows:
Sec. 18 -53.8. Petition for Vacation /Ordinance to Approve.
(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 certified, stamped, and addressed envelopes
to each owner whose property abuts prop-e-rt-
jr- - owner
-i�ri- ��ro-- rd�ed- {�fl{}j -feet -o-f the proposed vacated
property.
A brief statement as to reason for 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-of whose
property abuts the proposed vacated
property.
SECTION II. Chapter 18, Article 5 of the South Bend
Municipal Code is hereby amended at Sec. 18- 53.10(a), as follows:
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 IC 36- 7 -3 -13.
SECTION III. This ordinance shall be in full force and
effect from and after its passage by the Common Council and approval
by the Mayor.
I - /
9st READING I- a � 3 - /
PUBLIC HEARING �' 13 8 q Member of the Com n Council
2nd READING o?
NOT APPROVED
REFERRED � ! _ � q g] �f
PASSED ti: FILED ID CL E 'S OFFICE
„ 1984
Irene Gammon
CITV CLERK. SMTH BEND. IND.
RICHARD L. HILL
CITY ATTORNEY
THOMAS L. BODNAR
CHIEF DEPUTY
DAVID C. CHAPLEAU
REGINA W. COSPER
GREGORY D. LOUGHRIDGE
JOHN M. MARNOCHA
CAROLYN V.PFOTENHAUER
ROBERT C.ROSENFELD
EUGENIA S. SCHWARTZ
CITY ®f SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601
Members of the Common Council
4th Floor County -City Bldg.
South Bend, IN 46601
Re: Vacation of Public Ways
Dear Council Members:
January 17, 1.984 2191284.9241
Attached is a proposed ordinance which makes technical changes in
Ordinance No. 6976 -81 establishing procedures for vacation of public
ways and public places. This amendment eliminates an inconsistency
with State statute as to giving notice to property owners and includes
a reference to the statutory grounds for remonstrance against proposed
vacations.
If you have any questions on this proposed amendment my staff and
I will be happy to discuss them with you.
Sinc rely,
i
Richard L. Hill
RLH /clt
(lummittrr Irpnrt
On toe fIIommon (IIonurtl of Or CIA; of Ovv# 1grnb:
Your Committee OF THE WHOLE
to whom was referred
9 -84 A BILL AMENDING CHAPTER 18, ARTICLE 5, ENTITLED 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.
JOSEPH T. SERGE
Chairman
FREE PRESS PUBLISHING CO.