HomeMy WebLinkAboutAmending Chapter 18 Vacation of Public Ways and Public PlacesORDINANCE No. 6976 -81
Passed by the Common Council of the City of South Bend, Indiana
_Getober 12, 10-aL_
Attest: 1� �-,
City Clerk
IRENE K. GAMMON
Attest:
of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
0
October 14, 19 81
IRENE K. GAMMON
199/
ORDINANCE NO. 6976 -81
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA AMENDING CHAPTER 18, BY
THE INCLUSION OF NEW ARTICLE 5 ENTITLED PROCEDURES
FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES
STATEMENT OF PURPOSE AND INTENT
On September 1, 1981, the jurisdiction over petitions to vacate a
city street or alley, and other public places was removed from the Board
of Public Works and transferred to the Common Council.
The new state law governing this procedure can be found in Indiana
Code 36- 7 -3 -12.
The following bill establishes the procedures to be used in such
alley and street vacations, and other public place vacations.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Municipal Code of the City of South Bend, Indiana,
is hereby amended by the inclusion of new Article 5 in Chapter 18, which
shall read in its entirety as follows:
Article 5. Procedures for vacation of public ways and public places
Sec. 18 -53.8 Petition for Vacation /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) Seventy -five Dollars ($75.00) cash or check to cover costs
of legal advertising and recording.
2) One set of certified, stamped, and addressed envelopes to
each property owner within two - hundred (200) feet of 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 property within
two - hundred (200) feet of the proposed vacated 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.
Sec. 18 -53.10 Public Heari
(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.
(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
Recorders office a certified copy of the ordinance approving the
Petition for Vacation.
(d) The City Clerk shall then notify the Board of Public Works,
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 costs incurred by said Vacation
from the money 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.
SECTION II. This ordinance shall be in full force and effect from
and after its passage by the Common Council, approval by the Mayor, and
legal publication.
r
ember of the Common Counci
Passed, as amended, October 12, 1981
LEWIS A. McGANN
President
JOSEPH T. SERGE
Vice President
JOHN VOORDE
Chairman,
Committee of the Whole
JOSEPH T SERGE
First District
WALTER M. SZYMKOWIAK
Second District
BEVERLIE J. BECK
Third District
LEWIS A. McGANN
Fourth District
ROBERT G. TAYLOR
Fifth District
RAYMOND C. ZIELINSKI
Sixth District
BEVERLY D. CRONE
At Large
RICHARD C. DOMBROWSKI
At Large
JOHN VOORDE
At Large
KATHLEEN CEKANSKI- FARRAND
Council Attorney
CITY ®f SOUTH BEND
COMMON COUNCIL
441 COUNTY -CITY BUILDING
The South Bend Common Council
4th Floor
County -City Building
South Bend, Indiana 46601
Dear Councilmen:
SOUTH BEND, INDIANA 46601
AREA 219 284 -9321
October 6, 1981
I am attaching a proposed ordinance which set forth
the procedures to be filed for street and alley vacations.
In light of the pending petitions which were sent to
the Public Works Committee at the last Council meeting, I
will be requesting suspension of the Rules next Monday
night so that public hearing and second reading can be
held on this Bill.
The Bill is written to comply with the new state law
found at Indiana Code 36- 7 -3 -12; and it incorporates the
review procedure formerly used by the Board of Public Works.
Your support of this Bill would be appreciated.
LAMcG:jj
Attachment
Sincerely,
Lewis A. McGann