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In the carrying out of any project under the official thoroughfare plan, the Board of Public Works and Safety shall proceed, and shall have authority under the provisions of Chapter 44, Acts of the General Assembly of Indiana for 1931, and all acts amendatory thereof, and the method of procedure shall comply with the provisions of an Act of the General Assembly of the State of Indiana entitled “An act concerning municipal corporations,” approved March 6, 1905, and all acts amendatory thereof or supplemental thereto, except that the remonstrance provisions for resident freeholders shall not apply; provided, further, that if it shall be determined that property shall be assessed within a special benefit district, the Board shall determine the boundaries of the district.
(Prior Code, § 23-124) (Ord. 74-16, passed 9-9-1974)
(A) The City Board of Public Works and Safety in the carrying out of any project under the official thoroughfare plan adopted by this subchapter shall consider and determine what proportionate part of the cost of the project, or of any separate phase of improvement thereunder, shall be paid by the city out of the Thoroughfare Fund, including any increase of damages ordered by any court on appeal, as benefit to the city at large, and, at the time, shall determine the amount, if any, of the total cost of any phase of improvement under the project, including damages awarded by the Board, which shall be assessed as benefits upon the real estate within a special benefit district.
(B) In the event the cost of acquisition and the benefits assessed against the city, by reason of any the project, shall, at any time, be in excess of the amount of money then standing to the credit of the Thoroughfare Fund of the city, the city shall have the power, and the Common Council is hereby authorized by ordinance to issue a bond in a sum sufficient to pay for the benefit, or any part thereof, as may be deemed necessary, the same to be issued and sold in the same form and manner, and with the same rate of interest and with the maturities as are by law provided for the issuance and sale of bonds of the city for the general purposes thereof, and the proceeds of the sale of the bonds shall be deposited in, and credited to, the Thoroughfare Fund, to be used in the payment for the cost of acquisition and the benefits assessed against the city at large and any increased damages which may be ordered paid by any court on appeal.
(Prior Code, § 23-125) (Ord. 74-16, passed 9-9-1974)
The City Plan Commission may recommend to the City Board of Public Works and Safety the order in which improvements made pursuant to the provisions of this section and to be paid for in part out of the Thoroughfare Fund shall be undertaken and carried out; and when so made, the Board of Public Works and Safety shall not start or commence, by resolution or otherwise, any work, appropriation or improvement pursuant to the provisions of this subchapter other than in the order designated by recommendation.
(Prior Code, § 23-126) (Ord. 74-16, passed 9-9-1974)
Subsequent to the adoption of the official thoroughfare plan and the passage of Ordinance 74-16, the City Plan Commission may:
(A) Determine lines for new, extended, widened or narrowed thoroughfares in any portion of its jurisdiction; and
(B) Certify to the Common Council the amended or additional plan under the same procedures as established for the certification and approval of the official thoroughfare plan.
(Prior Code, § 23-127) (Ord. 74-16, passed 9-9-1974)
In addition to the provisions of § 101.124 of this subchapter, amendments may be initiated as follows:
(A) The Common Council may direct the City Plan Commission to prepare an amendment, as desired, and submit it to public hearing within 60 days after formal written request by the Common Council; and
(B) The owners of 50% or more of the area of property abutting upon a street may also petition the City Plan Commission requesting an amendment to the official thoroughfare plan.
(Prior Code, § 23-128) (Ord. 74-16, passed 9-9-1974)
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