ZONING AND PLANNING. 877
graphical sections or divisions of the municipality or with functional sub-
divisions of the subject matter of the plan, and may adopt any amend-
ment or extension thereof or addition thereto. Before the adoption of the
plan or any such part, amendment, extension, or addition the Commission
shall hold at least one public hearing thereon, notice of the time and place,
of which shall be given by one publication in a newspaper of general cir-
culation in the municipality. The adoption of the plan or of any such
part or amendment or extension or addition shall be by resolution of the
Commission carried by the affirmative votes of not less than three members
of the Commission. The resolution shall refer expressly to the maps
and descriptive and other matter intended by the Commission to form the
whole or part of the plan, and the action taken shall be recorded on the map
and plan and descriptive matter by the identifying signature of the chair-
man and/or secretary of the Commission. An attested copy of the plan
or part thereof shall be certified to council and to the county recorder.
1933, ch. 599, sec. 9.
18. Legal Status of Official Plan. Whenever the Commission shall
have adopted the master plan of the municipality or of one or more major
sections or districts thereof no street, square, park or other public way,
ground, or open space, or public building or structure, or public utility,
whether publicly or privately owned, shall be constructed or authorized in
the municipality or in such planned section and district until the location,
character, and extent thereof shall have been submitted to and approved
by the Commission; provided, that in case of disapproval the Commission
shall communicate its reason to council, which shall have the power to over-
rule such disapproval by a recorded vote of not less than two-thirds of
its entire membership; provided, however, that if the public way, ground,
space, building, structure or utility be one the authorization of financing
of which does not, under the law or charter provisions governing same, fall
within the province of the municipal council, then the submission to the
Planning Commission shall be by the board, commission or body having
such jurisdiction, and the Planning Commission's disapproval may be
overruled by said board, commission or body by a vote of not less than two-
thirds of its membership. The failure of the Commission to act within
sixty days from and after the date of official submission to the Commission
shall be deemed approval.
1933, ch. 599, sec. 10.
19. Right of Eminent Domain. That whenever it shall be deemed
necessary by the Commission to take or acquire any lands, water rights,
structures or buildings either in fee or as an easement for parks, parkways,
forests, roads, streets, boulevards or highways grounds or spaces, the
Commission may purchase same from the owner or owners, or, fail-
ing to agree with the owner or owners thereof, may condemn the same
by proceedings in the circuit court for the county in which said land,
water rights, -structures or buildings are located, as now provided for
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