630ORDINANCE NO. ~ ~~~~~ -
AN ORDINANCE VACATING THAT PORTION OF COX AVENUE. EX-
TENDING FROM THE SOUTH LINE OF NINTH STREET TO THE SOUTH
LINE OF THIRD STREET (now Washington Avenue) AND THAT PORTION
OF FOURTH STREET EXTENDING FROM THE EAST LINE OF MUDGE
AVENUE (now Avalon Street) EAST TO THE EAST LINE OF COX AVENUE
AS SHOWN ON PLAT OF HULBERT HEIGHTS SUBDIVISION IN THE CITY
OF WEST MEMPHIS, ARKANSAS
WHEREAS, a petition was duly filed with the City Council of the City
of West Memphis, Arkansas, on February 25, 1970, asking the City Council
to vacate and abandon that portion of Cox Avenue extending from the South
line of Ninth Street to the South Line of Third Street (now Washington Avenue)
and that portion of Fourth Street extending from the East line of Mudge Avenue
(now Avalon Street) East to the East line of Cox Avenue as shown on Plat of
Hulbert Heights Subdivision in the city of West Memphis.
WHEREAS, after due notices as required by law, the Council 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 portions of the streets
hereinbefore described have heretofore been dedicated to the public's use as
streets herein described; have not been actually used by the public generally
for a period for at least five years subsequent to the filing of the plat; .that all
the owners of the property abutting upon the portions of the streets to be
vacated have filed with the council their written consent to such abandonment;
and that public interest and welfare will not be adversely affected by the
abandonment of such streets.
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 the streets designated as follows:
2.
That portion of Cox Avenue extending from the south line
of Ninth Street to the south line of Third Street (now
Washington Avenue) and that portion of Fourth Street ex-
tending from the east line of Mudge Avenue (now Avalon
Street) east to the east line of Cox Avenue as shown on plat
of Hulbert Heights Subdivision recorded in Plat Book 1
at Page 40.
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. This ordinance shall take effect and be in force from
and after its passage.
PASSED and APPROVED this ~ day of ~,~ ~, . , ~ ~ 1970.
Tilden Rodgers, Mayor
ATTEST: ~~
Charles F. DeGraff, City k
~.