HomeMy WebLinkAbout1983-02-01-R (W
RESOLUTION NO.
A RESOLUTION FIXING A DAY FOR A PUBLIC HEARING ON THE
PETITION OF TOM BONE AND DOTTICE BONE, JAMES PC:TER BONE AND
PATRICIA BONE AND ARTHUR MONTGOMERY AND LINDA L. MONTGOMERY,
TO VACATE AND ABANDON THAT PORTION OF CENTER STREET ABUTTING LOTS
6 AND 7 OF BLOCK 4 AND LOT 5 OF BLOCK 3 OF THE HIGHLAND ADDITION
TO THE CITY OF BATESVILLE, ARKANSAS , DIRECTING THE CITY CLERK TO
GIVE PUBLIC NOTICE OF SAID MEETING BY PUBLICATION AND FOR OTHER
PURPOSES.
T,,,'HEREAS, Tom Bone and Dottice Bone, his wife, James Porter
Bone, and Patricia Bone, his wife, and Arthur Mon.tr,r(-)7iery and
Linda L. Mont(:=,ery, his wife, have filed a petition requesting
�w that the City Council vacate and abandon that portion of Center
Street abutting lots 6 and 7 of Block 4 and Lot 5 of Block 1;
of the Highland Addition to the City of Batesville, Arkansas; and
HHEREAS, a public hearing must be had upon said petition as
required by law;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,
ARKANSAS AS FOLLOWS:
1 . That the City Council shall hold a public hearing upon
the petition of Tom Bone and Dottice Bone, James Porter Bone and
Patricia Bone and Arthur Montqomeryand Linda L. Montgomery to
vacate the above described portion of Center Street, said hearing
to be had on the 22nd day of February, 1983 at 7 : 00 p.m. at
City Hall in the City of Batesville, Arkansas.
2. That the City Clerk is hereby directed to give notice
of such meeting by publication once a week for two (2) consecu-
tive weeks in the Batesville Daily Guard, a newspaper published
in Independence County and having general circulation in the
City of Batesville.
ADOPTED this day of 1983.
�w APPROVED:
SH11M IT MA'ItOR
ATTEST:
LARRY WIELIAMS, CITY CLERK
PETITION TO VACATE AND CLOSE A PART OF CENTER STREET
Comes now the petitioners, Arthur N. Montgomery and Linda
L. Montgomery, his wife, Tom Bone and Dottice Bone, his wife,
and James Porter Bone and Patricia Bone, his wife, and for their
petition to close and vacate that part of Center Street abutting
Lots Six (6) and Seven (7) , Block Four (4) and Lot Five (5) of
Block Three (3) of Highland Addition to the City of Batesville,
Arkansas, being all that portion of Center Street which now
remains open lying West of 14th Street, states as follows:
1 . That the petitioners herein are the owners of Lots 6 and
7 , Block 4 and Lot 5 , Block 3 of Highland Addition to the City of
Batesville, Arkansas, which lots are adjacent to the streets
which petitioners propose to close.
�r 2. That portion of Center Street described in the intro-
ductory paragraph herein, has never been officially open or
paved and has not been actually used by the general public for
more than the last five (5) years.
3. This is the first application filed for the closing of
this street.
4 . Petitioners will pay the costs of public notice and
for the conduct of the public hearing.
5. That portion of Center Street described. above and the
subject of this petition is the only remaining portion of Center
Street remaining open and consists of approximately 140 feet of
street; that there is no beneficial use of said strip to any
person or to the City and should have been made a part of an
earlier petition filed in September, 1981 which resulted in the
closing of Center Street from St. Louis to the Lot lines as
described herein.
6. That the property owners who would be affected by this
street closing have all joined in this petition and by their
signatures hereto, hereby consent to said closing.
7. The closing of this street will not result in any hard-
ship to other parties or property owners, will not prejudice the
Ultimate Planning Program of the City of Batesville, and the chang
would be in the best interest of the petitioners, the public
and the City of Batesville.
WHEREFORE, petitioners request that notice of public hearing
be published as required by law for the closing of the above
street, and that a public hearing on the proposed street closing
be held on February 22 , 1983 and that following said hearing the
City Council enact an ordinance closing said street.
AIZTHUTZ N. MONTGOME�y
LINDA L. MONITGOMMY 11:,
V
�w TOM BONE
DOTTICE 80NE
JAMES PORFPP BONE
PATRICIA BONE
CONSENT TO CLOSING OF CENTER STREET
We, the undersigned hereby certify, state and agree that we
re the sole owners of the above described lots and hereby manifest
Dur consent, as the owners of all lots abutting on that portion of
Center Street to be closed, to said closing.
4,TAHUR N. MONTGOMERY MONTGOMERY
4LN4DA L. MONTGOD%8RY
�w
TOM BONE
IZTTICE BONE
/-I&MESPOS sBONE
PATRICIA BONE