03-09-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING MARCH 9, 2009 RESOLUTION NO. 3957-09 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 the 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. s/Derek D. Dieter Member of the Common Council Councilmember LaFountain, Vice-Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that 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. At the 16