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HomeMy WebLinkAbout2020-12-02 Ordinance No.�(/�0 -10 —Oc� AN ORDINANCE CLOSING THE ALLEY LOCATED AT: BATES ADDITION BLOCK 2 LOT 4 AND BLOCK 3 LOT 4;AND FOR OTHER PURPOSES; WHEREAS, a petition was duly filed with the City Council of the City of Batesville, Arkansas asking the City Council to vacate and abandon a portion of the alley designated on the plat of the Bates Addition to the City of Batesville as recorded in the official plat book recorded at the Independence County Courthouse. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCUIL OF THE CITY OF BATESVILLE ARKANSAS: Section 1.The alley has not been actually used by the public generally for a period of at least five (5)years preceding the date of the filing of the petition. Section 2.That all the owners of the property abutting upon the portion of alley to be vacated have filed with the council their written consent to the abandonment of the alley. Section 3.That public interest and welfare will not be adversely affected by the abandonment of the alley. Section 4. The City of Batesville, Arkansas releases, vacates and abandons all rights, together with the rights of the public generally, in and to alley designated as follows: ten foot(10) alley located between Lot 4 of Block 2 and Lot 4 of Block 3 of the Bates addition, Batesville, Arkansas Section 5. A copy of the ordinance duly certified by the city clerk shall be filed in the office of the recorder of the county and recorded in the deeds of the county. Section 6. This ordinance shall take effect in 30 days from and after its passage. Section 7. Severability Provision-In the event that any section, paragraph, subdivision, clause, phrase, or other provision or portion of this Ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of the Ordinance as a whole, or any part or provision, other than part so decided to be invalid or unconstitutional, and the remaining provisions of this Ordinance shall be construed as if such invalid, unenforceable or unconstitutional provisions had never been contained herein. Section 8. Repeal of Conflicting Ordinances and Resolutions-All ordinances, resolutions or orders of the City Council, or parts of ordinances, resolutions or orders of the City Council in conflict herewith are hereby repealed to the extent of such conflict. Passed this day of C-QM'L-& 2020. Approved: Rick Elumbaugh, Mayor o Batesville Att Denise Johnston, City Clerk