HomeMy WebLinkAboutOrdinance 1498 fz :el, L: ear ®
FILED FOR RECORD
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�i ORDINANCE NO ./4 9 q0: 53n 19 MAY P66
WA5 !f!"' CTOF4 COU,4TY
AN ORDINANCE VACATING AND ABANDONING A PORTIOIJUID, ,r , Wk STREET
IN THE CITY OF FAYETTEVILLE , ARKANSAS , CIRCUIT CLERK
WHEREAS , a petition was duly filed with the Board of Directors
of the City of Fayetteville , Arkansas , on the 21st day of April ,
asking the Board of Directors to vacate and abandon a portion of
Maryland Street in the City of Fayetteville , Arkansas , described
as follows :
That portion of Maryland Street lying West of Stadium
Drive in Oak Park Place Addition to the City of
Fayetteville , Arkansas .
WHEREAS , after due notice as required by law , the Board of
Directors has , at the time and place mentioned in the Notice ,
heard all persons desiring to be heard on the question and has
ascertained that the portion of the street hereinbefore described
has heretofore been dedicated to the public use as a street ; has
not actually been used by the public generally for a period of at
least five years subsequent to the filing of the plat ; that the
owner of all of the property abutting upon the portion of the
street to be vacated has filed with the Board of Directors its
written consent to such abandonment ; and that the public interest
and welfare will not be adversely affected by the abandonment of
such street .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
SECTION 1 , The City of Fayetteville , Arkansas , hereby re -
leases , vacates and abandons all its rights , together with the
rights . of the public generally , in and to the aforedescribed por -
tion of Maryland Street in the City of Fayetteville , Arkansas ,
and as a condition to the closing of said portion of Maryland
Street , the City shall be held free and harmless from liability
as to any claims of the abutting property owner for damages to
the property described herein , which may result from the City or
other utility companies removing and relocating all public util-
ities located in or upon said vacated street .
SECTION 2 . A copy of this Ordinance , duly certified by the
City Clerk , shall be filed in the office of the Recorder of the
County and recorded in the deed records of the County .
SECTION 3 , This Ordinance shall be in full force and effect
from and after its passage , approval and publication .
ATLME
DATEE. D
o T 1978
REEL, a
. . y9
BOOK bob PgE gty
2 -
PASSED AND APPROVED this Zk? day of 1966 .
APPROVED :
N TRUMBO , JR . , Y R
ATTEST :
i
GEORGE DA CITY CLERK
BOOK U ICS PAGE
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I. GEORGE J. DAVIS , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing is a true and correct copy of the
therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD, Volume, at Page A,�- thereof .
IN WITNESS WHEREOF , I have hereunto set
` � ATti �•
my hand and affixed my official seal this
iw` day of 19106
nee
City gerlk
CERTIFICATE OF RECORD
STATE OF ARp,4m#Ag
Washington County I fig,
t, UcW kitonrion, 011tiult Clark and Ex•Offlcio Recorder for
Washington ountlh fla hdraby cattily that the annexed or fore.
HoinginsKIRMI wg§ filed fpr rOcard in my office on the ./f day
. : 19GbptI0.fec1ock.WM and the same is
ttnfyrrg,�rtl . ?.'. .1�!.dJ record .4t� . . . . atpage . �- see
Wyss my hAP.4 a nd seal th is l.q• day of
.
rh
Circuit Clerk and
Ex-Qftico RecQdel
STATE of ARKANSAS l '
JCounty of Washington as.as.
I, ___ ___ �_ ' ` _ _ _______, hereby certify that 1
ORam the (Ge oral�Manager) of THE NORTHWEST ARKANSAS TIMES,
AN ORDINANCE
V wxcE vnCA IllB T1NG AND a daily newspaper having a second class mailing privilege, and being not
%BANDONING A PORTION OF less than four pages of five columns each, published at a fixed place of
]i .\RYLAND STREET IN THE
rrrY of FAYETTEVILLE. AR business and at a fixed (daily) intervals continuously in the City of
1cAx8As.th Fayetteville, County of Washington, Arkansas for more than a period
tiled With t
wtDWit a petition was duly he Board of Directors of twelve months, circulated and distributed from an established place of
of the City of Fayetteville. Arkan- business to subscribers and readers
sea, on the 21st day of April. ask generally of all classes in the City
ing the Board of Directors to va & County for a definite price for each copy, or a fixed price per annum,
cats and abandon a portion of
Maryland street in the City of which price was fixed at what is considered the value of the publication,
Fayetteville. Arkansas, described based upon the news value and service value it contains, that at least fifty
an follows,
That portion of Marvland street percent of the subscribers thereto have paid cash for their subscriptions
lying west of Stadium Drive in
Oak Park Place Addition to Lana to the newspaper or its agents or through recognized news dealers over a
cuv of Fayetteville. Arkansas. period of at least six months ; and that the said newspaper publishers an
Wf1EREAS, atter due notice an I avers y required by law, the Board of Dh average of more than fort percent news matter.
rectors has, at the time and place
monlioned in the Notice, heard all I further certify that the legal notice hereto attached in the matter of
persons desiring to be heard on the
question and has ascertained that
the portion of the street herein
before described has heretofore
been dedicated to the public use.4
a street. bas not actually been u /
by the public generally for a Rlr
tied of at least nye years antra- was published in the regular daily issue of said newspaper for._.-_-
�neat to the filing of the pmt; consecutive insertions as follows:
that the owns of all of the prop
arty abutting upon the portion oil
. the street to be vacated has filed
with the Board of Directors its The first insertion on the ----------L --------- day of
written consent to such abandon-
ment; and that the public interest
and welfare will not be advwgelY the second insertion on the ----------------_----------____ day of _--_--_--_--_-_
affected by the abandonment Of
such street
NOW. THERETORE, BE IT OR- the third insertion on the - day of _---_-_-_---_— 19—_-
DAINED BY THE BOARD OF DI-
RECTORS OF THE CITY OF n
FAYETTEVILLE, ARKANSASand the fourth insertion on the --..--. _- Of 1
SECTION 1 . The City of Fay- - -'–'I("— --'
IN
etteville. Arkansas, hereby le-
lea-Nos.
e
leases, vacates and abandons all its
l-1. _G
rights, together with the rights of
the public generally. in and to the --' ------ ...... --- -
aforedescribed portion of Mary-
land Street in the City of Fay- i waf
etteville. Arkansas, and on a condi- � Sworn to and subscribed before me on this __g�._- da of _
tion to the dosing of pfd portion ' ------ y
of Marc land street, the CAY shall 11
he held free and harmlMg from Its-
bility as to any claims of the abut- � / /
Ong property owner for damages -- "` 19-
- ------ _YSG
to the property- described beret n. i
which may result from the City ori
other utility companies removing ',
and relocating all public utllltiesl __-____ _
located in or upon mid vacated Wary Public
street.
SECTION ^_, A copy of thin Or-
dinance. duly certified by the City !
Clerk, shall Recorder filed in the office Commission Expires :
of the shalla of the County and
recorded in the deed records of the
County, - !Qt QRZ
SECTION 3. This Ordlnonce
shall be in full farce and effect
from and after its passage, ap-
pruval and publication. f'
PASSED AND APPROVED this Fees for Printing
Igth da. of May. 1966.
APPROVED,
DON TRDMBO, 7R., mayor Cost of Proof _-------
ATTEST' $-_---_--_-_.-_--_
GEORGE J. DAVISt q
City Clerk t!-Itc Total
