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HomeMy WebLinkAboutImprovement of North Ironwood Drive from South of Bader Avenue to Corby Blvd Constructing a Public SidewalkORDINANCE No. 5445 -72 Passed by the Common Council of the City of South Bend, OCTOBER 10 IRENE K. GAMMON 72 Presented by me to the Mayor of the City of South Bend, OCTOBER 11 ro 72 Clerk of Common Council IRENE K. GAMMON Approved and signed by me Otis, // 19-9d— Clerk ORDINANCE NO. 5445 -72 AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF NORTH IRONWOOD DRIVE FROM APPROXIMATELY TWO HUNDRED FEET SOUTH OF BADER AVENUE TO CORBY BOULEVARD BY CONSTRUCTING A PUBLIC SIDEWALK WHEREAS, the Common Council of the City of South Bend is interested in providing for the safety and general welfare of all of its citizens; and WHEREAS, there exists an unsafe condition on North Ironwood Drive from approximately two hundred feet south of Bader Avenue to Corby Boulevard, to -wit, an absence of sidewalk for pedestrian use on both the east and west side of North Ironwood Drive; and WHEREAS, the Common Council is authorized pursuant to IC 19- 8 -16 -7, more commonly known as the City and Town, Street, Alley and Other Public Improvement Act of 1969, to order by ordinance certain improvements; and WHEREAS, the Board of Public Works and Safety for the City of South Bend has, on July 10, 1972, adopted Improvement Resolution No. 3365, calling for the improvement of North Ironwood Drive from approximately two hundred feet south of Bader Avenue to Corby Boulevard by construction of a public sidewalk; and WHEREAS, a public hearing was held on August 9, 1972, pursuant to advertised notice, at which hearing interested and affected property owners were heard; and WHEREAS, the Improvement Resolution No. 3365 above referred to was first confirmed on that date; and WHEREAS, following that hearing, a written remonstrance against said improvement bearing signatures of fifty -one per cent or more of the resident property owners abutting said proposed improvement was filed on August 17, 1972, in the office of the Clerk of the Board of Public Works and Safety, and WHEREAS, the Board of Public Works and Safety, on September 5, 1972, pursuant to discretion authorized by IC 19- 8 -16 -7, rescinded their earlier Improvement Resolution No. 3365; and WHEREAS, the Common Council may, in the event of remonstrance, order the said improvement specifically by ordinance within sixty days after said remonstrance; and WHEREAS, said improvement will be of general benefit for the City of South Bend and the citizens thereof at large, as well as of specific particular benefit to property owners in the area wherein the improvement is to be located; therefore BE IT ORDAINED by the Common Council of the City of South Bend that: SECTION I. North Ironwood Drive from approximately two hundred feet south of Bader Avenue to Corby Boulevard be improved by constructing on both the east and west side of said North Ironwood Drive a public sidewalk. The Board of Public Works and Safety is ordered to advertise for bids for the work as required by law, with said advertisement stating that on a day named, the City will receive bids for improving the street according to the terms of this Ordinance and applicable statutes. The said improvement is to be financed and paid for as provided in Chapter 40, of the Acts of 1953, as amended (1971 IC 18 -6 -3). The cost of the improvement is to be borne in the following proportions: Civil City of South Bend 251Y. Affected Resident Property Owners 75% SECTION II. This Ordinance shall be in full force and effect from and after its adoption by the Common Council by a two- thirds vote and approval by the Mayor. /s/ Peter J. Nemeth Member of the Common Council Passed - 10 -10 -72 As Amended fdomitattr Irport October 10, 1972 i3o the Tommon (Conortl of thr Mug of #out# Rea: Your Committee of the Whole to whom was referred AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF NORTH IRONWOOD DRIVE FROM APPROXIMATELY TWO HUNDRED FEET SOUTH OF BADER AVENUE TO CORBY BOULEVARD BY CONSTRUCTING A PUBLIC SIDEWALK. Respectfully report chat they have examined the matter and that in their opinion go t0 the Council as favorable as amended. Councilman Nemeth made a motion that the ordinance be amended as follows: In the last paragraph on page one of the ordinance, strike the word therefore and substitute the word "and ". Add an additional paragraph as follows: WHEREAS, said improvement will be of general benefit for the City of South Bend and the citizens thereof at large, as well as of specific particular benefit to property owners in the area wherein the improvement is to be located; therefore" On Page Two of the Ordinance, Section I., add a fourth paragraph: "The cost of the improvement:is "to be borne in the following proportions: Civil City of South Bend 25% Affected Resident Property Owners 75% The motion was seconded by Councilman Taylor and was carried. Chairman Odell Newburn FqE[ Iq EOE �� PN BLI9NING CO.