HomeMy WebLinkAbout248-13 RESOLUTIONRESOLUTION NO.248-13
A RESOLUTION TO FIX THE DATE FOR HEARING THE UNIVERSITY OF
ARKANSAS' REQUEST TO VACATE BRENDA DRIVE, COURT STREET
AND WALTON STREET ON DECEMBER 17, 2013 AT 6:00 P.M. IN THE
CITY COUNCIL CHAMBERS, ROOM 219 OF THE CITY
ADMINISTRATION BUILDING
WHEREAS, City Clerk Sondra Smith is requested to publish notice of the hearing date
on the petition of the University of Arkansas to vacate Brenda Drive, Court Street and Walton
Street once a week for two weeks pursuant to A.C.A. § 14-301-302.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby fixes the
date for hearing the University of Arkansas' request to vacate Brenda Drive, Court Street and
Walton Street on December 17, 2013 at 6:00 p.m. in the City Council chambers, Room 219 of
the City Administration building.
PASSED and APPROVED this 3rd day of December 2013.
APPROVED: ATTEST:
JC we
SONDRA E. SMITH, City Clerk/Treaspp„�r�t,o�
Y 0,� °`SG
EE .ra r
FAYETTE` ILLEa N
eDepartmental Correspondence
RKANSA
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
Sondra Smith, City Clerk/Treasurer
Jeremy Pate, Development Services Director
FROM: Kit Williams, City Attorney
DATE: November 26, 2013
RE: Vacation of street pursuant to A.C.A. § 14-301-301
I think we need to more closely follow the statutory procedures set forth in
A.C.A. § 14-301-302 and 303 prior to vacating the streets as requested by the U of
A. Our power to vacate streets stated in A.C.A. § 14-301-301 ends: "the city or
town council shall have the power to vacate and abandon the street or alley, or
any portion thereof, by proceeding in the manor set forth in this subchapter."
(emphasis added).
The next section requires the owners of the property abutting to file a
petition requesting vacation. I assume our vacation application may suffice for
this statutorily required petition. However, the City Council at its next meeting
is supposed to "by resolution fix a day for the hearing of the petition. We
need to present a. Resolution fulfilling this. requirement. Then "the city clerk ....
(needs) to give notice of the meeting by publication once a week for two (2)
consecutive weeks in some newspaper .... having a general circulation in the
city...."
We can still go forward to vacate the streets pursuant to our power in
A.C.A. § 14-54-104 although at least our Appellate Court has held that an existing
street should be vacated under A.C.A. § 14-301-301 instead of A.C.A. § 14-54-104.
1
1T MUNICIPAL STREETS GENERALLY
§ 14-301-301
Note I
Library References
Municipal Corporations «521.
Westlaw Key Number Search: 268k521.
C.J.S. Municipal Corporations §§ 1396, 1404.
he
he r
SUBCHAPTER 3—VACATING STREETS AND
lie ALLEYS FOR PUBLIC USE GENERALLY
he
by x § 14-301-301. Vacating authority
(a) Cities of the first and second class and incorporated towns are given
power and authority to vacate public streets and alleys within the cities and
towns under the conditions and in the manner herein provided.
(b) In. all cases where the owner of property within a city or town shall have
dedicated., or may hereafter dedicate, a portion of the property to the public use
3; as streets or alleys by platting the property and causing the plat to be filed for
record, as provided by law, and any street or alley, or section thereof, shown on
the plat so filed shall not have been actually used by the public as a street or
alley for a period of five (5) years and in all cases where all property abutting
any street or alley, or section. thereof, is owned by any educational institution or
`' college, e, whether the property shall have been actually used by the public as a
street or alley for a period of five (5) years or not, the city or town council shall
ty have power to vacate and abandon the street or alley, or any portion thereof, by
s- proceeding in. the manner set forth in this subchapter.
1e Acts of 1945, Act 17, §§ 1, 2; Acts of 1.947, Act 88, § 1; Acts of 1949, Act 98, § 1.
)k
Formerly A.S.A. 1947, §§ 19-3824, 19-3825.
n.
Cross References
Vacation of public W.ility easements, see § 14-199--10.3.
Library References
Municipal Corporations e-657(2). C.J.S. Municipal Corporations §§ 1432 to
to Westlaw Key Number Search: 268k657(2). 1435, 1443.
Notes of Decisions
In general I Rights of individual property owners 7
tts Abandonment or nonuse 4
t Consent of landowners 8
p Construction and application 2 1. In general
ed Construction with other laws 3 A city has the power to vacate a portion of a
street not needed for corporate purposes. Ark.
dy Conveyances 9 Stats. § 19-2304. City of Sherwood v. Dupree
he Educational institutions 5 Co., 1978, 263 Ark. 442, 565 S.W.2d 425. Mu -
Improvement districts 6 nicipal Corporations <% 657(2)
of Injunctions 10
J If determination is made that street is not
Limitations of actions I I needed for corporate purposes, city is not pro-
{ Questions of fact 12 hibited either from conveying streets to only
d abutting owner or from vacating street for bene-
fit of abutting owner. Ark.Stats. § 19-2304.
Freeze v. Jones, 1976, 260 Ark, 193, 539 S.W.2d
43).
RESOLUTION NO.
A RESOLUTION TO FIX THE DATE FOR HEARING THE UNIVERSITY OF
ARKANSAS' REQUEST TO VACATE BRENDA DRIVE, COURT STREET
AND WALTON STREET ON DECEMBER 17, 2013 AT 6:00 P.M. IN THE
CITY COUNCIL CHAMBERS, ROOM 219 OF THE CITY
ADMINISTRATION BUILDING
WHEREAS, City Clerk Sondra Smith is requested to publish notice of the hearing date
on the petition of the University of Arkansas to vacate Brenda Drive, Court Street and Walton
Street once a week for two weeks pursuant to A.C.A. § 14-301-302.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby fixes the
date for hearing the University of Arkansas' request to vacate Brenda Drive, Court Street and
Walton Street on December 17, 2013 at 6:00 p.m. in the City Council chambers, Room 219 of
the City Administration building.
PASSED and APPROVED this 3rd day of December 2013.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer