HomeMy WebLinkAbout2015-OR-44 VACATE BOCK 131ORDINANCE NO. 2015 -OR- A-141
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC WAY
IN THE CITY OF JEFFERSONVILLE
WHEREAS, on the day of , 2015, The Board of Trustees of Clark
Memorial Hospital filed its Petition to Vacate Public Way in the City of Jeffersonville, which public
way is commonly known an unvacated 10' alley running East and West in Block 131 of the City of
Jeffersonville under the hospital building, more particularly set forth in Exhibit "A", attached hereto
and incorporated herein by reference, with the Jeffersonville Common council (the "Council"),
which petition reads as follows: Here insert PETITION TO VACATE PUBLIC WAYS IN THE
CITY OF JEFFERSONVILLE; and
WHEREAS, notice of a public hearing on The Board of Trustees of Clark Memorial
Hospital's Petition to Vacate the Public Way was published in the Evening News on .S day of
Qufatg , 2015. (See Publisher's Affidavit attached hereto as Exhibit "B"); and
WHEREAS, on the ) r% day of , 2015, the Council held a public
hearing on The Board of Trustees of Clark Mem ial Hospital's Petition and made the following
findings:
1. The best use of the public way would be to vacate it.
2. The vacation of the said public way as described herein would not injure the public
health, safety, welfare or morals of the community.
3. It would be in the best interest of the City of Jeffersonville to grant The Board of
Trustees of Clark Memorial Hospital's Petition to Vacate Public Way.
NOW, THEREFORE, IT IS HEREBY ORDAINED, pursuant to the provisions of I.C.
36-7-3-12, that the public way described in Exhibit "A" attached hereto and incorporated herein by
reference are hereby vacated and the Clerk is hereby instructed to record a copy of this Ordinance
in the office of the Clark County Recorder and deliver a copy of this Ordinance to the Clark County
Auditor.
This Ordinance shall be in full force and effect from and after its passage and approval.
Passed this 17 day of
, 2015.
Attest:ilA AA.
Vicki Conlin
City Clerk
isa 11, Council President
Presented b me as City Clerk to the Mayor of the City of Jeffersonville, Indiana this
g day of ,2015 at_ '
This Ordinance approved and signed by me this
2015 at • kJ lilak
Vicki Conlin
City Clerk
Mike Moo -, Mayor
BEFORE THE COMMON COUNCIL
OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
THE BOARD OF TRUSTEES OF CLARK MEMORIAL
HOSPITAL'S TO VACATE PUBLIC WAYS IN JEFFERSONVILLE, INDIANA
PETITION TO VACATE PUBLIC WAY
Comes now The Board o f Trustees of Clark Memorial Hospital, (Petitioner), by and through
it's attorney, Rachele L. Cummins hereby petitions The Council of the City of Jeffersonville,
Indiana, as follows:
1. That the Petitioner is the fee simple owner of the real estate in the City of
Jeffersonville, Clark County, Indiana.
2. That there exists a portion of a 10' alley running East and West in Block 131 of the
City of Jeffersonville under the hospital building owned by Petitioner.
3. That the best use of the public way would be to allow it to be vacated in that it is no
longer needed as a public right of way and has not been used as such for many years.
4. That the vacation of the public way as described herein would not injure the
public health, safety, or morals of the community.
5. That it would be in the best interests of the City of Jeffersonville to grant the
petition set forth above.
6. That there are no adjoining property owners.
WHEREAS, the undersigned hereby request that the Council of the City of Jeffersonville,
Indiana hold a hearing on this petition within thirty days after this petition is filed and that due notice
of the time and place of the hearing be given in accordance with I.C. 36-7-3-12 and specifically in
the manner prescribed in I.C. 5-3-1 and that after such hearing that the Council of the City of
Jeffersonville, Indiana vacate the public way described in this petition.
This day of 1 , 2015.
ctfully Submitted,
Rachele L. Cummins, I. D. #22323-49
Smith, Carpenter, Fondrisi, & Cummins, LLC
209 E. Chestnut Street
P. O. Box 98
Jeffersonville, IN 47131-0098
Telephone: 282-7736
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Proof of
Publication
BEFORE THE COMMON COUN-
CIL OF THE CITY OF JEFF-
ERSONVILLE, INDIANA IN THE
MATTER OF THE PETITION OF
THE BOARD OF TRUSTEES OF
CLARK MEMORIAL HOSPITAL'S
TO VACATE PUBLIC WAY IN JEF-
FERSONVILLE, INDIANA
NOTICE OF HEARING ON
PETITION TO VACATE PUBLIC
WAY IN JEFFERSONVILLE,
INDIANA.
Notice is here y given that The
Board of Trustees of Clark Memorial
Hospital has filed a Petition with the
Jeffersonville City Council asking
for the vacation of a portion of a
public way located in the City of
Jeffersonville, State of Indiana and
described as follows:
10' alley running East and West in
Block 131 of the City of Jefferson-
ville under the hospital building
A public hearing will be held on
the 17th day of August, 2015 at
7:00 p.m. in the City Hall, 500 Quar-
termaster Court, Jeffersonville,
Indiana at which time and place all
interested persons will be heard in
reference to the matters set out in
said petition.
Attorney for Petitioner.
Rachele L. Cummins,
I. D. 1122323-49
Smith, Carpenter, Fondrisi, &
Cummins, LLC
209 E. Chestnut Street
P. 0. Box 98
Jeffersonville, IN 47131-0098
Telephone: 282-7736
Vicki Conlin
CityClerk hspaxlp
Publication
Fee $ 119.97
1086036
STATE OF INDIANA
COUNTY OF CLARK -SS
Theresa Wheatbrook on oath says that she is the
bookkeeper of NEWS AND TRIBUNE and in
the employ of the publisher of
NEWS AND TRIBUNE,
a daily newspaper of general circulation printed and
published in the city of Jeffersonville, Clark County,
State of Indiana, and further says that the annexed
advertisement was published in said paper for
#( 1 ) time(s) to -wit: In issue of said NEWS AND TRIBUNE
Dated: 08-05 2015
STATE OF INDIANA
COUNTY OF CLARK
Subscribed and sworn to before me this
(X)
Joann Galli: an
77i day of /T UC{L.a 2015
Notary Public, Clark County, Indiana
(My Commission Expires August 27, 2022