HomeMy WebLinkAbout2017-07-01 ORDINANCE NO. 2017 -101-0�
AN ORDINANCE VACATING AND ABANDONING THAT PART OF BROAD STREET
ABUTTING LOTS 6 & 7 OF BLOCK 72, MAXFIELD'S THIRD EASTERN ADDITION
TO THE CITY OF BATESVILLE, ARKANSAS, AND LOTS 1 & 12 OF BLOCK 77,
MAXFIELD'S THIRD EASTERN ADDITION TO THE CITY OF BATESVILLE, THE
UNUSED ALLEY PLATTED IN BLOCK 77 OF MAXFIELD'S THIRD EASTERN
ADDTION TO THE CITY BATESVILLE, ARKANSAS, AND FOR OTHER PURPOSES.
WHEREAS, Petitioner White River Health System, Inc., is the owner of each of the lots
abutting that part of Broad Street lying between 15th Street and Sidney Street and each of the lots
abutting the part of the City's alley traversing Lot 77 of Maxfield's Third Eastern Addition to the
City of Batesville, Arkansas, more particularly described as Lots 6 & 7 of Block 72, Maxfield's
Third Eastern Addition to the City of Batesville, Arkansas, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11 & 12 of Block 77, Maxfield's Third Eastern Addition to the City of Batesville, Arkansas, a
copy of the plat map showing the above described property is attached hereto and incorporated
herein by reference as Exhibit"A"; and,
WHEREAS, this ordinance is adopted at its regular public meeting and the pros and cons
of said action have been discussed and considered; and,
WHEREAS, the City Council of the City of Batesville, Arkansas, finds as follows:
(a) That all abutting property owners have consented to this ordinance and would be
benefited by its passage.
(b) That said section of Broad Street being vacated is no longer needed or required for
municipal or public purposes.
(c) That said section of alley being vacated has never been used for any municipal or
public purpose, and none is anticipated in the future.
(d) That the City has authority to adopt this ordinance pursuant to Ark. Code Ann. Sec.
14-54-104 and 14-54-303 as well as other authority granted by the state legislature and other
authority inherently possessed by the city.
(e) That the major use of said section is by the patients, visitors, and employees of
Petitioner, White River Health System, Inc., in its capacity as a health care provider.
(f) That the Petitioner's main campus in Batesville is bounded on three (3) sides by
immovable barriers to growth including historic Oaklawn Cemetery, the City's new Community
Center and Aquatics Facility, and Harrison Street, a five (5) lane main artery which bisects the
City Batesville. Petitioner proposes closure of part of Broad Street to create space for
construction of a medical facility to enhance its ability to care for patients in the community.
(g) That there are sufficient other streets and thoroughfares in the neighborhood to carry
the traffic volume through that part of the city.
(h) That there is adequate access to all other property in that area, and this closure and
abandonment would not prevent any access to any other property nor will it cause any undue
inconvenience for those desiring access to their property.
(i) That said closure would not adversely affect fire, police, ambulance, or other
emergency services in said area.
0) That said closure would reduce the cost of the city's street maintenance and repair.
(k) That said closure would result in fewer street intersections and would therefore lower
accident potential.
(1) That said closure would increase and enhance access to quality health care in the
community and would be beneficial to the city's commercial and economic growth.
(m) That the public's interest and welfare would be benefited by said closure.
(n) That said closure would be beneficial to the public for all reasons specified herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS:
Section 1: The City of Batesville, Arkansas, does hereby release, vacate, and abandon all
its right, together with all the rights of the public generally, in and to the street and alley
described as follows:
THAT PART OF BROAD STREET LYING BETWEEN 15TH STREET AND SIDNEY STREET AND
MORE PARTICULARLY DESCRIBED AS THAT PART OF BROAD STREET ABUTTING LOTS E & 7
OF BLOCK 72, MAXFIELD'S THIRD EASTERN ADDITION TO THE CITY OF BATESVILLE,
ARKANSAS, AND LOTS I & 12 OF BLOCK 77, MAXFIELD'S THIRD EASTERN ADDITION TO
THE CITY OF BATESVILLE, ARKANSAS, AND SUBJECT TO UTILITY EASEMENTS LYING
WITHIN BROAD STREET.
THAT PART OF THE CITY'S PLATTED ALLEY LYING IN LOT 77,MAXFIELD'S THIRD EASTERN
ADDITION TO THE CITY OF BATESVILLE,ARKANSAS.
Section 2: That title to the part of Broad Street and the alley abandoned herein shall vest
in the owners of the lots abutting said abandoned section, namely White River Health System,
Inc.
Section 3: That said section of Broad Street and the alley being vacated is no longer
needed or required for municipal or public purposes and said abandonment and closure would be
beneficial to the city and the public for the reasons set out hereinabove.
Section 4: That the Mayor and City Clerk are hereby directed, pursuant to the statutes
cited herein, to execute any document and do such other acts as required to effectuate this
ordinance.
Section 5: That a copy of this ordinance duly certified by the City Clerk along with a
copy of a plat showing the portion of Broad Street and the alley so abandoned shall be filed in
the office of the Recorder of the County and recorded in the records of the county.
Section 6: EMERGENCY CLAUSE: It is further found that, due to the public's need for
the health services to be offered on the premises vacated herein, an emergency is declared to
exist and this ordinance, being necessary for the preservation of the public peace, health and
safety shall take effect from and after its passage and approval.
PASSED AND APPROVED this IL day of ry, L 2017.
APPROVED:
Rick Elumbaugh, Mayor
ATTEST:
erose ohnston, City Cl
CITY COUNCIL FOR THE CITY OF BATESVILLE, ARKANSAS
PETITION TO VACATE AND CLOSE A PORTION OF BROAD STREET
COMES NOW the Petitioner, White River Health System, Inc., hereinafter referred to as
the "Petitioner" and for its petition to vacate and close a portion of Broad Street between 15`h
Street and Sidney Street, states and alleges as follows:
1. The Petitioner is the owner of the following described Real Property located in the
City of Batesville, Independence County,Arkansas (the"City")to wit:
Lots 6 & 7 of Block 72, Maxfield's Third Eastern Addition to the City of Batesville,
Arkansas, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Block 77, Maxfield's Third
Eastern Addition to the City of Batesville, Arkansas, (See attached Exhibit A, which is
attached hereto and incorporated by reference and is a copy of a plat map showing the
above described property.)
2. The above-referenced Real Property comprises all of the land adjoining the
portion of Broad Street and the alley at issue, and Petitioner is the sole owner of land which can
be accessed exclusively by the subject portion of Broad Street.
3. This petition to vacate the public street and alley is filed pursuant to A.C.A. § 14-
54-104 (2).
4-54-104 (2).
4. The Petitioner asks that the portion of Broad Street lying between 15`h Street and
Sidney Street be closed and vacated, as well as the platted but unused alley bisecting Lot 77 of
Maxfield's Third Eastern Addition, subject to any utility easements within Broad Street. (Exhibit
A is the plat showing the area to be vacated and closed.)
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5. The Petitioner states that the configuration of Broad Street in this portion of the
City results in its most frequent use by patients, visitors, and employees in a commute to
Petitioner's main campus.
6. Since Petitioner is the sole property owner of each lot adjoining the portion of
Broad Street at issue, the adjoining landowner's interests are not best served by keeping the
current street open.
7. The part of Bates Street at issue adjoins Petitioner's main campus to the west, and
the remaining three(3) sides of Petitioner's main campus are bound by immovable barriers
prohibiting growth, including Fitzhugh Park and the City's Community Center and Aquatics
Facility to the east,historic Oaklawn Cemetery to the south, and Harrison Street, one of the
City's two(2)busiest thoroughfares, to the north. Creation of a contiguous campus dictates that
growth on the north side of Harrison Street would be unsafe for patients, visitors, and staff
needing to travel between buildings on the main campus.
8. Petitioner seeks abandonment of the part of Broad Street between 15th Street and
Sidney Street to create space allowing for construction of a new medical facility which will
expand and enhance health care access for the community.
9. Closure of said part of Broad Street will save the City of Batesville maintenance
costs associated with its upkeep, and it will remove intersections which provide opportunities for
motor vehicle accidents, as set out in Exhibit B, Affidavit of Damon Johnson, City Engineer.
10. Closure of said part of Broad Street will not have any negative impact on law
enforcement function, fire department function, or other emergency services, as reflected in
Exhibits C through E, Affidavits of Alan Cockrill, Batesville Chief of Police, Brent Gleghorn,
Batesville Fire Chief, and Karen Ryan, CEO of Vital Link, the community's ambulance
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provider, respectively.
WHEREFORE,premises considered, the Petitioner respectfully prays that the portion of
Broad Street between 15th Street and Sidney Street in Batesville, Independence County,
Arkansas, described above, be closed and vacated by the City of Batesville, pursuant to A.C.A.
Section 14-54-104(2).
Respectfully submitted,
WHITE RIVER HEALTH SYSTEM, INC.,
Petitioner
By:
T. Lind ey Cas eberry, ABA No. 2007053
Post Office Box 2197
Batesville, AR 72503
(870)262-1558 - telephone
Icastleberry@wrmc.com
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To whom it may concern:
I am familiar with that part of Broad Street between 15'h and Sidney Street.
As Street Superintendent, I am aware of the traffic flow in that part of the City
and know that part of Broad Street between 15th and Sidney is not a heavily used route of
travel.
Traffic flow would not be affected in any way that would be detrimental to the
City if this Section were closed.
The vacation and closing of this street would save the City money in maintenance
and repair costs.
City Str t uperintendent
Dated: 4 —5--/,7
EXHIBIT B
To Whom It May Concern:
I am familiar with that part of Broad Street located between 15«'and Sidney street
in Batesville,Arkansas.
To my knowledge this street is not heavily used by the public and any traffic that
it does bear can easily be handled by he remaining streets in that area and no area would
be non-assessable if this part of Broad is vacated and closed.
Also, closure would reduce the number of intersections and thereby result in
potentially fewer accidents.
This part of Broad Street is not part of any emergency plan and is not commonly
used by officers responding to emergencies. If there should be an emergency in this area,
emergency units would have easy access to those areas without increased travel or loss of
time if this part of Broad Street was closed.
Sincerely,
alanrill, Chief of Police
EXHIBIT C
To whom it may concern:
The proposed closing of Broad Street between 15`h and Sidney Street will not
affect any fire emergency traffic in that area of the city,therefore the fire Department has
not objection to the clos'ng.
/Sincrel
nt orn,Fire Chief
EXHIBIT D
To Whom It May Concern:
I am familiar with the part of Broad Street between 15`h and Sidney Streets in
Batesville, Arkansas.
This part of Broad Street between 15t1'and Sidney is not commonly used by
Independence County EMS in responding to emergencies.In the past this area has been
avoided in responding to emergencies.
Should there be an emergency in this area, our emergency units would have
access to all parts of the neighborhood without any undue inconvenience or loss of time if
the street was closed.
Sincerely,
-1X C't�� '-P
Executive Director ofta�1 Link
Karen Ryan
Dated: - S
EXHIBIT E