ORD NO 21-1989 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. d -1989
AN ORDINANCE VACATING AND ABANDONING THE ALLEY LYING IN BLOCK 3,
McGEE ADDITION TO THE CITY OF VAN BUREN, ARKANSAS, DECLARING AN
EMERGENCY AND FOR ALL OTHER PURPOSES.
WHEREAS, A Petition was duly filed with the City Council
of the City of Van Buren, Arkansas on the 7th day
of September, 1989, asking the City Council to
vacate and abandon the alley lying in Block 3
McGee Addition to the City of Van Buren, Arkansas;
and,
WHEREAS, The City Clerk gave notice of such hearing as
required by Arkansas Statutes; and,.
WHEREAS, After due notice as required by law, the Council
has at the time and place, made notice, heard all
persons desiring to be heard on the question and
has ascertained that the alley hereinabove
designated has heretofore been dedicated to the
public use as an alley and that the same has: not
been actually used by the public generally for a
period of more than ten years preceeding this date;
that a majority of the owners of the property
abutting such alley to be vacated have filed with
the Council or have expressed their consent to
such abandonment and the public interest and
welfare are not adversely affected by the abandon-
ment of such alley.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS:
SECTION 1: That the City of Van Buren, Arkansas hereby
releases, vacates and abandons all its rights,
together with the rights of the public generally,
in and to the alley in Block 3, McGee Addition to
the City of Van Buren, Arkansas.
SECTION 2: That the City of Van Buren, Arkansas does hereby
reserve an easement over the above alley for the
purpose of maintenance, replacement, and /or repair
of any and all water and sewer lines that might
be in existence, said easement is to be 15 feet
in width unless that portion of the alley in which
they are located is less than 15 feet, in which
case they will be the width of the property being
vacated and if no water or sewer lines are in
existence then no such easement is reserved.
SECTION 3: A copy of this ordinance bearing original
signatures and duly certified by the City Clerk
shall be filed in the Miscellaneous Records of the
Circuit Clerk of Crawford County, Arkansas.
SECTION 4: That the immediate passage of this act is
necessary for the maintenance and control of
traffic along streets within Van Buren, Arkansas;
and therefore an emergency is declared to exist
and this act being necessary for the preservation
of public peace, health, welfare and safety and
shall take effect and be in full force from and
after its passage.
PASSED AND APPROVED THIS 16th DAY OF October 1989.
1/4
Mayox
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Ci y lerk