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2024-07-01
CITY-OF-BATESVILLE
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2024-07-01
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8/4/2024 3:54:08 PM
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(c) The city has the authority to adopt this ordinance pursuant to Ark. Code Ann. §§ <br /> 14-54-104 and 14-54-303, as well as authority granted by the state legislature and inherently <br /> possessed by the city. <br /> (d) Because of the location and configuration of Industrial Drive and the growth and <br /> expansion of Bad Boy and LifePlus, the Industrial Drive Section is used almost exclusively by <br /> employees and invitees of Petitioners, including tractor trailers delivering parts and transporting <br /> products to/from Bad Boy's facilities on a constant basis. <br /> (e) A large number of tractor trailers and other trucks enter and exit the Industrial Drive <br /> Section from Bad Boy's facilities on a daily basis. In addition,both of the Petitioners have a large <br /> number of employees and invitees who enter and exit Industrial Drive throughout the day.Vacating <br /> the requested section of Industrial Drive will increase the safety and security of Petitioners and <br /> their employees and invitees. <br /> (f) There are sufficient streets and thoroughfares in the neighborhood to carry the <br /> traffic volume through that part of the city. <br /> (g) There is adequate access to all other property in that area, and vacating the <br /> Industrial Drive Section will not prevent ready access to any property not owned by Petitioners, <br /> nor will it cause any undue inconvenience for those desiring access to their property. <br /> (h) Vacating the Industrial Drive Section to a private drive will also save the city <br /> maintenance and repair costs associated with its upkeep. Given the repeated exposure to heavy <br /> tractor trailer rigs,the savings will be significant. <br /> (i) Vacating the Industrial Drive Section will protect Petitioners from possible criminal <br /> activity. The Industrial Drive Section runs through the heart of Bad Boy and LifePlus and their <br /> adjoining assets.As it exists now,the Industrial Drive Section is a public street that can easily be <br /> 2 <br />
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