HomeMy WebLinkAboutEstablishing the effective date of the vacation of real property pursuant to Ordinance #9467-03RESOLUTION
3957-09
Passed by the Common Council of the City of South Bend, Indiana
March 9, 20 09
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
March 10, 20 09
Approved and signed by me
MarGh~ . 12
20~ 9
City Clerk
RESOLUTION NO. 3 ~ S ~'0~
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, TO ESTABLISH THE EFFECTIVE DATE OF THE VACATION OF REAL
PROPERTY PURSUANT TO ORDINANCE #9467-03
WHEREAS, on December 24, 2003 the South Bend Common Council passed substituted
and amended Ordinance #9467-03, which at Section V specifically provided the following:
This ordinance as to the First Street petitioned be vacated, Bartlett Street, shall be
passed by the Common Council and be in full force and effect when passed with
the effective date of the vacation being established by Resolution being filed for
Council consideration by the Administration which addresses the progress of
construction of New Bartlett Street, and sets forth a date certain for the effective
date of the vacation of said Bartlett Street, which Resolution shall be subject to
the approval of the Common Council and the Mayor.
WHEREAS, pursuant to Section V of Ordinance #9467-03, it is necessary to establish the
effective date of the vacation of that public real property described more fully in Ordinance
#9467-03;and
WHEREAS, the City Administration has advised the Common Council that construction
of the subject redevelopment project in the general vicinity of Bartlett Street near the intersection
with Main Street near Memorial Hospital of South Bend is substantially complete; and
WHEREAS, the Common Council has been advised further than an effective date no
later than March 20, 2009 for vacation of the public real property described in Ordinance #9467-
03 is necessary in order for the project to be fully complete per design plans.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND as follows:
Section I. The effective date of the vacation of the public real property described more
specifically in South Bend Common Council Ordinance #9467-03 shall be the earlier of the
adoption date of this Resolution or March 20, 2009 pursuant to the terms of Section V of that
Ordinance.
Section II. Ordinance #9467-03 shall be deemed fully effective as of the adoption date of
this Resolution or March 20, 2009, whichever is earlier.
Section III. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
t K~~_N~~~ 3 -~-oy
NOT APPRC~~'EQ
At?OPTED ~ -~ -' d
Fifes to Cierk's O~tice
P~~AR - 4 2009
JOHN VOORDE
CITY CLcRK, S0. QEND, tl~t.
.~-,
Member, South Bend Common Council
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
09-24 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, TO ESTABLISH THE
EFFECTIVE DATE OF THE VACATION OF REAL
PROPERTY PURSUANT TO ORDINANCE #9467-03
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
Ann Puzzello
Chairperson, Committee of the Whole
1400 COUNTY-CITY BUILDING
227 W. ,JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9241
FAx 574/235-9892
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN ,J. LUECKE, MAYOR
DEPARTMENT OF LAW
CHARLES S. LEONE
C[TYATTORNEY
March 4, 2009
Mr. Derek Dieter
President, South Bend Common Council
4`h Floor, County-City Building
South Bend, IN 46601
ALADEAN M. DEROSE
CHIEF ASSISTANT CITYATTORNEY
Re: Resolution Establishing Effective Date of Real Property Vacation
Dear President Dieter:
On December 3, 2003 the South Bend Common Council passed (substitute) Ordinance
9467-03 concerning the vacation of real property located at Bartlett Street from the east right-of-
way of Lafayette Boulevard, to the west right-of-way of Michigan Street as a necessary part of
the Memorial Hospital expansion. Per the Common Council's request, the Ordinance provided at
Section V that the effective date for the establishment of this street vacation would require a
separate Resolution advising the Council of the progress of the Memorial expansion project.
Enclosed for filing with the Council is the Resolution contemplated by Ordinance No. 9467-03.
Either Public Works Director Gary Gilot or City Engineer Carl Littrell will make
presentation of this Resolution to the appropriate Common Council committee and at the regular
Common Council meeting on Monday, March 9, 2009.
Thank you for your consideration.
Sincerely,
Aladean M. DeRose
Chief Assistant City Attorney
Fi3~~ !n C1~~k'~ C3~~f'l~~e
l~4AR - ~ 2009
~re~ , .~,.,.,;
CITY C-.f:f.:;s 5!1. -,,;n I'd.
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAP.OL NASH
JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN