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'1 BEFORE THE CITY COUNCIL OF THE CITY OF �+ BATESVILLE, ARKANSAS ORDINANCE NO, g t.{ 4! AN ORDINANCE CLOSING THE UNUSED PORTION•OF �i 23rd STREET LYING SOUTH OF HARRISON STREET AND THE UNUSED PORTION OF FITZHUGH STREET LYING WEST OF 24th STREET IN THE CITY OF BATESVILLE, ARKANSAS WHEREAS, a Petition was duly filed with the City ' Council of the City of Batesville, Arkansas, on the 25th day of ;t April,'197.8,.;!asking the City Council to vacate and abandon all ,1 that porit10-n of23rdStreet lying South of Harrison Street and all that portion of Fitzhugh Street lying West of 24th Street in the City of Batesville, Arkansas; and 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 streets hereinbefore described have heretofore been dedicated to the public use as streets but have not been actually used by the public generally for a period of at least five (5) years subsequent,to the dedication thereof; that all of the owners, of the property abutting upon the portion of the streets to be vacated have petitioned the City Council for such vacation and 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 Batesville, Arkansas: SECTION I_ The City of Batesville, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the streets designated as follows: That portion of 23rd Street lying South of Harrison Street and that portion of Fitzhugh Street lying West of 24th Street in the City of Batesville, Arkansas.; �! SECTION II `i A copy of this Ordinance duly certified by the City .. ?i Clerk shall be filed in the office of the Recorder of the County