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ORDINANCE N0. 945 `` ~^
AN ORDINANCE VACATING AND ABANDONING CERTAIN RIGHT
OF WAY OF RICH ROAD IN THE CITY OF WEST MEMPHIS,
DECLARING AN EMERGENCY AND OTHER PURPOSES.
WHEREAS, various citizens and residents of Rich Road in the City
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of West Memphis, Arkansas have made known to the City Council of West Memphis,
their desire for the City of West Memphis to vacate and abandon certain right-
of-way or easement of said City along and adjacent to the said Rich Road; and,
WHEREAS, after careful consideration and deliberation by the City
Council of the City of West Memphis relative to same, the City Council of the
City of West Memphis has determined that:
1. It has lawful authority to vacate public streets, rights of ways,
or portions thereof under authority of Act 67 of 1885 Acts of Arkansas, as more
specifically referred to in Ark. Stats. Ann. §19-2304;
2. That Act 67 of 1885 was not repealed by Act No. 17 of the 1945
Acts of Arkansas, as more specifically referred to in Ark. Stats. Ann.~19-3824
through §19-3830;
3. That the above sections 1 and 2 have been clearly stated by the
Supreme Court of Arkansas in the following cases; Cernanskas v. Fletcher,
201 S.W. (2) 999; Brooksher v. Jones, 386 S.W. (2) 253; City of Little Rock v.
Linn, 432 S.W. (2) 455; Freeze v. Jones, 539 S.W. (2) 425; Stephens v. City of
Springdale, 350 S.W. (2) 182; and Risser v. City of Little Rock, 281 S.W. (2) 949;
4. That such authority of said City Council having been authorized as
aforementioned, it is only incumbent on said City Council to determine that said
vacation be based on a determination and finding that such portion of Rich Road
to be vacated is not required for corporate purposes;
5. That the portion of Rich Road right-of-way hereinafter described
Via.
under consideration to be vacated, is not required for corporate purposes; that
no public inconvenience would result from such vacation or abandonment, that the
public interest and welfare would not be adversely affected; that the ownership
in fee of said property to be vacated already vests in and belongs to the abutting
owners together with all rights nor inconsistent with the public use with which
the property to be vacated was dedicated according to language of the Arkansas
Supreme Court in Freeze v. Jones, 539 S.W. (2) 425; and, that proceeding under
Ark. Stat. Ann. §19-2304, the Petition, Consent of Abutting Owners, Publication
of Notice of Hearing to Vacate, Hearing and Ordinance Consideration are not
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required as under Ark. Stats. Ann. §19-3824, heretofore mentioned.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
Section 1, The City of West Memphis, Arkansas, hereby releases, vacates,
and abandons all its rights, together with the rights of the public generally, in and
to the following described Rich Road Street right of was as follows:
All that portion of Rich Road right-of-way outside the present
paved street portion (this date) extending from its intersection
with ten mile bayou north to its intersection with the right-of-
way of U.S. Interstate Highway 40; subject to existing easements
this date for public utilities.
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 Crittenden County, Arkansas.
Section 3, This ordinance shall take effect and be in full force and
effect from and after its passage, and in the exercise of its powers for proper
administration of municipal affairs, the City Council of the City of West Memphis
finds that this Ordinance is immediately necessary for the protection and pre-
servation of the public peace, health, safety, welfare and betterment and an
emergency is hereby declared.
Adopted th i s __ _ 7th ___ day of September __ 1978.
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MAYOR
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ATTEST:
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CITY CLERK