767ORDINANCE NO.~
AN ORDINANCE VACATING THAT PORTION OF FIRST STREET
SHOWN ON PLAT OF M. P. HORSLEY ADDITION TO THE CITY
OF WEST MEMPHIS, ARKANSAS, OF RECORD IN PLAT BOOK 1
AT PAGES 4 AND 5 IN THE OFFICE OF THE RECORDER OF
CRITTENDEN COUNTY, ARKANSAS, WHICH IS ABUTTED ON THE
WEST BY LOTS 5 AND 6 AND ON THE EAST BY LOTS 21 AND 22
OF M, P. HORSLEY ADDITION AND DECLARING AN EMERGENCY
WHEREAS, a petition was duly filed with the City Council of the City
of West Memphis, Arkansas, on February 5, 1973, asking the City Council
to vacate and abandon that portion of First Street shown on plat of M. P.
Horsley Addition to the City of West Memphis, Arkansas, of record in Plat
Book 1 at pages 4 and 5 in the office of the Recorder of Crittenden County,
Arkansas, which is abutted on the west by Lots 5 and 6 and on the east by
Lots 21 and 22 of M. P. Horsley Addition.
WHEREAS, after due notices as required by law of a meeting to be
held on March 1, 1973, the Council, at the request of petitioner, adjourned
the hearing until March 15, 1973, and the Council has, on this date, 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's use as a street herein described; has not been actually used by the
public generally for a period for at least five years subsequent to the filing of
the plat; that the owners of the property abutting upon the portion of the street
to be vacated have consented to such abandonment by filing their petition herein;
and that public interest and welfare will not be adversely affected by the
abandonment of such street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS;
Section I: The City of West Memphis hereby releases, vacates and
abandons all its right, together with the rights of the public generally, in
and to that portion of First Street described as follows:
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2.
That portion of First Street as shown on plat of M.
P. Horsley Addition to the city of West Memphis,
Arkansas, of record in Plat Book 1 at pages 4 and
r 5 in the office of the Recorder of Crittenden County,
~ Arkansas, which is abutted on the west by Lots 5
fir. and 6 and on the east by Lots 21 and 22 of M. P.
Horsley Addition.
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Section II. A copy of the ordinance duly certified by the City Clerk
shall be filed in the office of the Recorder of Crittenden County, Arkansas,
at Marion and recorded in the deed records of said county at Marion.
Section III. Emergency Clause: It is found and declared by the City
Council of the City of West Memphis that this ordinance is necessary for the growth
and expansion of the City of West Memphis; therefore, an emergency is hereby
declared to exist, and this ordinance shall be in full force and effect from and
after its passage and approval.
ADOPTED this 15thday of March, 1973.
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Mayor
ATTEST:
City Clerk