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Home My Public Portal About018-1984 - ORDINANCE AMENDING THE PROCEDURE FOR ABANDONING FOR VACATING PUBLIC WAYS OR PLATTED LOTSORDINANCE NO. 18-1984 AN ORDINANCE AMENDING THE PROCEDURE FOR ABANDONING OR VACATING PUBLIC WAYS OR PLATTED LOTS. WHEREAS, Section 155.04 of the Richmond City Code reflects the authority of the Board of Public Works and Safety to order the vacation or aban- donment of public gays and platted lots, as provided by former sta- tute, I.C. 18-5-10-41; and, WHEREAS, I.C. 18-5-10--41 has since been repealed and replaced by I.C. 36-7- 3-12, which vests such authority in the legislative body of a. mun- icipality; and, WHEREAS, Section 155.04 (B) of the Richmond City Code must reflect the changes made b`T I.C. 36-7-3-12. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, ind_i_ana; That Section 155.04 (B) of the Code of Ordinances of the City of Richmond be amended to read as follows; (B) Pursuant to Indiana Code, I.C. 36-7-3-12, the Common Council shall_ consider any petitions for vacation of abandonment of public wayo or platted lots. No public tray or platted lot shall be abandoned or vacated until the City Plan Commission has given notice and held a public hearing on vacation or abandon- ment of the public trays or platted lots to determine if the abandonment or Vacation is in conformity with the public dev- elopment plan. The Plan Commission shall forl'Tard its recommen- dation to Common Council wherein the proceeding is pending. The Common Council shall not over -ride the recommendation of the Plan Commission unless done so by a two-thirds vote of the Council, which shall then constitute an amendment of the public development plan. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana. this_7 z'l day of , 1984. x1r" e " �' a C F0, Pr si.ent of Commo oLncil ATTEST a / � IGYiLC� p��.�21�atica� City Cl. rk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this__S."21 day of , 1984. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, indiana this M day of�� , 1984. ., . ATTEST-, City COMMON COUNCIL VOTING RECORD i !ORDINANCE:_ � q W r3 ` )ATE `1-Sy �WILLIAMS OOKSAW HANKINSON WH ITESELL PARKER SCOIKER LEMOINE MORRIS ELSTRO !Susp. rules,,lst read. Title only ✓ 1................................. ........ ...... . ✓ ...... ...... .....,. Proof of Publication ......... ........ I ..... Seconded .I..... ..I.... ....... .. ....... ....... ....... ....... 'Move to 2nd read. ............... ....... ....... ....... ....... ....... ...... .................... yeconde i ngrossment f .............. ;Seconded ✓ .... .. ;usp. rules, 3rd read. !Title only ✓ I................................ iSeconded I ................................................ ....... ....... I...... vWNDED EQ Seconded ,..... ......... . ....... .. .. ....... ....... ........ ........ !TABLED ..................... iIeconded ....... ...... .. ............... ....... ! "ASSAGE p ✓ i I• ............OR.... f �� ....... ....... '�.. i ,..,........ .... DEJECTION ': =SOLUTION: I DATE: i WILLIAMS 'BR00KBANK I l HANKINSDN WHITESELL -ARKER i I BODI'<ER L_MOih;E -D-F, I ;Suspend Rules !Title only ....................... �econed i ........�......... � ....... ...... I ........`.........�.._..... III j i :TABLED I....................... { `p Seconded ....... ...... ... .. ....... IMoved fpr Adaptian I ! .............. j�econdetl ................... ...... �.........`........ CITY PLAN COMMISSION RICHMOND, INDIANA I'IM!, May 2, 1984 Mr. Howard J. Elstro, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond; Indiana 47374 Re: Ordinance No. 18-1984 Plan Commission Case PDP-84-3 Dear Mr. Elstro, Members of Common Council and Mrs. Merchanthouse:. The Richmond City Plan Commission conducted a public hearing on Tuesday, April 24'' 1984, at the request of Common Council to consider an amendment to the Public Development Plan, being Chapter 155 of the Municipal Code. The proposed amendment deletes present references in the language of the Public Development Plan requiring the Plan Commission to send recommenda- tions on vacating public right-of-way to the -Board of Public Works and Safety. The proposed amendment would update the Public Development Plan to be in conformance with state law which provides that recommendations on vacations of right-of-waygo directly to Common Council, The proposed amendment also provides that a two-thirds (2/3) vote of Common Council is required to override the recommendation of Plan Commission, whereas the present Ordinance requires a three -fourths (3/4) vote to override. During the public hearing no one spoke in opposition to the proposed amendment, The Plan Commission voted nine (9) to zero (0) to recomment the passage of Ordinance No. 18-1984. Respectfully submitted, CITY PLAN COMMISSION I � s,16`� v- Daniel S. Dooley Executive Secretary