HomeMy WebLinkAbout2004-OR-04ORDINANCE NO. 2004-OR- 4
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC WAY
IN THE CITY OF JEFFERSONVILLE
WHEREAS, on the 19t~ day of December, 2003. The Board of Trustees of Clark Memorial
Hospital filed its Petition to Vacate Public Ways in the City of Jeffersonville, which public ways
are described in Exhibit "A", attached hereto and incorporated herein by reference (the "Alleys"),
with the Jeffersonville Common council (the "Council"), which petition reads as follows: Here insert
PETITION TO VACATE PUBLIC WAY IN THE CITY OF JEFFERSONVILLE; and
WHEREAS, notice of a public heating on The Board of Trustees of Clark Memorial
Hospital's Petition to Vacate the Alley was published in the Evening News on the 7th day of
January, 2004. (See Publisher's Affidavit attached hereto as Exhibit "B"); and
WHEREAS, there were no abutting property owners other than The Board of Trustees of
Clark Memorial Hospital so notice ora public hearing on The Board of Trustees of Clark Memorial
Hospital's Petition to Vacate mailed by certified mail to each owner of land that abuts the Alley was
not necessary; and
WHEREAS, on the 2nd day of February, 2004, the Council held a public hearing on The
Board of Trustees of Clark Memorial Hospital's Petition and made the following findings:
1. The best use of the alleys would be to vacate them.
The vacation of the alleys as described herein would not injure the public health,
safety, welfare or morals of the community.
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 the Alley.
NOW, THEREFORE, IT IS HEREBY ORDAINED, pursuant to the provisions of I.C.
36-7-3-12, that the public ways described in Exhibit "A" attached hereto and incorporated herein by
reference are hereby vacated and the Clerk-Treasurer 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
RoB'e~ Waiz /
Presiding Officer
Attest:
Peggy ~l'~er
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville, Indiana this
24 day of ~j-0_)C)? ,2004 at .Q_o'clock~ p .m.
Clerk-Treasurer
This Ordinance approved and signed by me this
2004 at ]].'~'ff~o'clock B .m.
Robert Wai1
Mayor
EXHIBIT A
Being the north half of Fourteenth Suceet in the City of Je£fersonville, Clark County,
Indiana lying between Blocks 143 and No. 148 in said city bounded to the west by
Spring Street and to the east by the east line of a 20-foot alley, if said line were
projected across Fourteenth Street.
ALSO
Being the south hail of Fourteenth Street in the City of Jeffersonville, Clark County,
Indiana lying between Blocks No. 143 and No. 148 in said city bounded to the west
by Spring Street and to the east by the east line ora 20-foot alley, if said line were
projected across Fourteenth Street.
(See also the attached display drawing by Jacobi, Toombs & Lanz, Inc.)
Proof
Of
Publication
STATE OF INDIANA
COUNTY OF CLARK - SS
~Jl)~cCct ~0~ On oath says that she is
bookkeeper of the Evening News and in the employ
of the publisher of
a daily newspaper of general circulati'6n printed and
published in the city of Jeffersonvitle, 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 s..~aid Evening News
dated' ~ .~.~ LO~ R L J, t' , 20 O~
STATE OF INDIANA
CO~JNTY OF CLARK
Subscribed and sworn to before me this
Notary Public, Clark County, Indiana
(My Commission Expires)
Publication ,
Fee $ Z/L~, '7,o~.
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 WAY IN JEFFERSONVILLE, 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 14th Street,
located in the City of Jeffersonville, State of Indiana and described as follows:
Being the north half of Fourteenth Street in the City of
Jeffersonville, Clark County, Indiana lying between
Blocks No. 143 and No. 148 in said city bounded to the
west by Spring Street and to the east by the east line of
a 20-foot alley, if said line were projected across Fourteenth
Street.
ALSO
Being the south half of Fourteenth Street in the City of
Jeffersonville, Clark County, Indiana lying between Blocks
No. 143 and No. 148 in said city bounded to the west by
Spring Street and to the east by the east line of a 20-foot
alley, if said line were projected across Fourteenth Street.
A public hearing will be held on the day of
at 7.:}0 p.m. in the multi purpose heating room on the third floor of the City County Building at
501 E. Court Avenue, 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:
Ernest W. Smith, I.D. #10700-10
Rachele L. Cummins, I. D. #22323-49
Smith, Bartlett, Heeke, Carpenter,
Thompson & Fondrisi, LLC
209 E. Chesmut Street
P. O. Box 98
Jeffersonville, IN 47131-0098
Telephone: 282-7736
Clerk-T-feasar~e¥ ~