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The Guard-Record Co. Inc. PUBLISHERS OF THE DAILY GUARD AND WEEKLY RECORD BATESVILLE, ARKANSAS PROOF OF PUBLICATION STATE OF ARKANSAS, SS. A F FAM ORDINANCE #90-8-1 County o dependence AN ORDINANCE VACATING THE CUL- DESAC LOCATED IN BLOCK FOUR(4) I ... ereby certify that I am the (editor), OF COLLEGE HEIGHTS ADDITION, (proprieto k*—the ._ B ILLE GUARD. .................... a newspaper BATESVILLE, ARKANSAS: published re intervals tinuously a Batesville, Independence County, Arkansas, for more a period of twel a months, circulated and distributed from an established BE IT ORDAINED BY THE CITY COUN- ers CIL OF THE CITY OF BATESVILLE, for a definite e price for each 9 or a fixed price of all classes in the City and County p p price per annum, which price was fixed at ARKANSAS: what is considered the value of the publication, based upon the news value and service value it contains; that at least fifty per cent of the subscribers thereto have paid cash for their subscription to the newspaper or its agents or through recognized news dealers over Whereas,a petition was duly filed with the City Council of the Ci of Batesville, a period of at least six months; and that the said newspaper publishes an average of City more than forty per cent news matter. Arkansas,on the 10th day of July, 1990, I fu)her certify that the legal notice hereto attached was published in said newspaper asking the City Council to vacate and for .................... consecutive insertions as follows: G} abandon all that portion of the culdesac in / �••„the second in- Block Four(4)designated on the plat of The first insertion on the..... ...... ...... day of .. �........, 19..... the College Heights Addition to the City now appearing of record in Plat Book sertion on the ........................ day of ................................, 19............, the third insertion on the 'T-7" at page 488 in the office of the ........................day of................................. 19............,and the fourth insertion on the ........................ Recorder of Independence County; and day of ................................ 19............. Whereas,after due notice.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 ques- Sworn to and subscribed before me �X'.......... day of tion and has ascertained that the culde- sac, hereinbefore described, has w heretofore been dedicated to the public �` ' use; has not been actually used by the My Commission es: ...../r.........<.. ................................................ public generally for a period of at least five Publication fees, �....•�,:�k.4..:... Received payment .............................:............................... 19 ........ (5)years subsequent to the filing of the plat; that all the owners of the property abutting upon the culdesac to be vacated have filed with the Council their written consent to the abandonment; and that public interest and welfare will.not be adversely affected by the abandonment of the culdesac. Now, therefore, be it ordained by the City Council of the City of Batesville, Arkansas: Section 1. The City of Batesville,Ark- ansas, releases,vacates and abandons all its rights,together with the rights of the public generally, in and to the culdesac designated as follows: The culdesac located in Block (4) of College Heights Addition,Batesville,Ark- ansas,and abutting Lots 1,4,8, 14,and 15 of said Block 4. Section 2.A copy of the ordinance duly certified by the City Clerk or town recorder shall be filed in the office of the recorder of the County and recorded in the deed records of the county. Section 3. This ordinance shall take effect and be in force from and after its passage. ADOPTED THIS 14th day of August, 1990. APPROVED: Jim Shirrell ATTEST: Mayor Larry Williams City Clerk s