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Home My WebLink About2015-OR-42 VACATE BLOCK 127ORDINANCE NO. 2015 -OR- q o� 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 as a portion of Broadway Street running East and West to Spring Street in Block 127 of the City of Jeffersonville and running under the building located at 1101 Spring Street, Jeffersonville, Indiana that has not been vacated, 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 .5 day of CJ , 2015. (See Publisher's Affidavit attached hereto as Exhibit "B"); and WHEREAS, on the / 2 day of Q., nj,3 , 2015, the Council held a public hearing on The Board of Trustees of Clark Mem:rial 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 / ? day of ala U , 2015. Att Vicki Conlin City Clerk isa ill, Council President Presented by me as City Clerk to the Mayor of the City of Jeffersonville, Indiana this _ day of Q„u,C , 2015 at This Ordinance approved and signed by me this 2015 at oc . Vicki Conlin City Clerk I ct day Mike oo e, 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 of Trustees of Clark Memorial Hospital, (Petitioner), by and through it's attorney, Rachele L. Cummins and 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 Broadway Street running East and West to Spring Street in Block 127 of the City of Jeffersonville and running under the building located at 1101 Spring Street, Jeffersonville, Indiana that has not been vacated. 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 LC. 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 \t .1 , 2015. espectfully Submitted, Rachele L. Cummins, L D. #22323-49 Smith, Carpenter, Fondrisi, & Cummins, LLC 209 E. Chestnut Street P. 0. Box 98 Jeffersonville, IN 47131-0098 Telephone: 282-7736 aipoluopelipa• ISJeA I!1 Ampedlpd Om peen JCId < 0 N 43026 E. 4 oo \ \ CA•lA 4EMORiee HosP,(6. fED DRAKE?? 29. ATMLLVS.:NT 5-4 \ S \ 0 \ - i igo 10 1 It! 5 t. 1•• 0 17. • .00 \ic 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 hereby 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: A portion of Broadway Street run- ning East and West to Spring Street in Block 127 of the City of Jefferson- ville and running under the building located at 1101 Spring Street, Jef- fersonville, Indiana that has not been vacated 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. 822323-49 Smith, Carpenter, Fondrisi, & Cummins, LLC 209 E. Chestnut Street P. O. Box 98 Jeffersonville, IN 47131-0098 Telephone: 282-7736 Vicki Conlin City Clerk hspaxlp Publication Fee $ 128.34 1086015 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 day of rA-tf 2015 Notary Public, Clark County, Indiana (My Commission Expires August 27, 2022