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ORDINANCE NO. 14,138
AN ORDINANCE VACATING AND CLOSING TYLER
STREET BETWEEN I -630 AND WEST 10TH STREET
IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
OTHER PURPOSES.
WHEREAS, the Board of Directors of the City of Little
Rock, Arkansas, after a public hearing at which the Board heard
all persons desiring to be heard on the question of vacating and
closing Tyler Street between I -630 and West 10th Street, has
determined that the above - described portion of the street is
no longer needed for corporate purposes except for any public
utility or drainage easements located in said street; and
WHEREAS, pursuant to Arkansas Stat. Ann. §19 -2304,
the City of Little Rock has the power to vacate and abandon a
street, or any portion thereof, which is no longer needed for
corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIREC-
TORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. The City of Little Rock, Arkansas hereby
releases, vacates and abandons all its rights, together with the
rights of the public generally, in and to Tyler Street lying
35
between I -630 and West 10th Street subject, however, to any public
utility or drainage easements located in said street.
Section 2. A copy of this Ordinance, duly certified
by the City Clerk, shall be filed in the office of the Recorder
of Pulaski County and recorded in the Deed Records of the County.
Section 3. This Ordinance shall be in full force and
effect from and after its passage and approval.
PASSED: October 20, 1981
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Office of the City Hall
City Clerk Markham at Broadway
Little Rock, Arkansas 72201
(501) 371 -4765
January 4, 1982
Mr. Daryl Bassett
Circuit Clerk's Office
Pulaski County Court House
Markham & Spring Streets
Little Rock, Arkansas 72201
Re: Tyler Street Closure
Court Order
Dear Mr. Bassett:
Attached is a copy of the Court Order which voided Ordinance
No. 14,138 of the City of Little Rock, Arkansas closing Tyler
Street between I -630 and West 10th Street. Ordinance No. 14,138
was recorded in the Circuit Clerk's Office on October 28, 1981.
Since the street closure has been voided by the Court Order, this
information should be recorded in your office also.
If you have any questions regarding this matter, please call
Mr. Bob Taylor, Assistant City Attorney, at 371 -4527.
JC:rh
cc: Bob Taylor
Very truly yours,
ane Czech, CMC
City Clerk
IN THE CHANCERY COURT OF PULASKI COUNTY, Al"SA
FIRST DIVISION • ' . 111 ' 3 5
MRS. LEOTA PHILLIPS; WILBUR
and CHRISTINE GENTRY; RAYMOND
and PAT BERKEMEYER; BILLIE MAE
MALIN; MR. and MRS. JOEL WARD
VS NO. 81 -5665
CITY OF LITTLE ROCK
PULASKi CuUNY•r
ARK.
PETITIONERS
RESPONDENT
B. G. CONEY COMPANY INTERVENOR
CONSENT DECREE
On this day comes on for decision the Petition of
Petitioners for Injunction, and the Court, having considered
the evidence and arguments of counsel presented in the pleadings
and during trial of this matter on November 30, 1981 and December
11 1981, and the stipulations and agreements of all parties hereto,
by their attorneys, consenting to be bound by all of the pro-
visions of this Decree, does hereby Decree as follows:
I.
That, the ordinances of the City of Little Rock, numbers
14,135; 14,136; and 14,137 are valid, and the Petitioners prayer
that the ordinances be declared void is dismissed, subject to
the conditions set forth hereinafter.
II.
That, City of Little Rock Ordinance No. 14,138 is void.
III.
That, Intervenor, B. G. Coney Company shall amend its
development plan and the City of Little Rock will approve the
development plan in the modified form shown on the plans e_tta::;;ed
hereto as Exhibit "A" and made a part hereof.
IV.
That, the Court retains jurisdiction of this matter for
the purpose of determining the compliance by B. G. Coney Company
with the plans attached as Exhibit "A" and also for the purpose
of determining the adequacy of provisions for the control of
increased water run -off due to the proposed construction. In
this regard, the Intervenor, B. G. Coney Company, shall
simultaneously submit to the City of Little Rock and to
the Petitioners its drainage plan for water run -off of this
construction project.
V.
That, B. G. Coney Company shall not take any action to
make Maryland Street between Tyler and Fair Park impassable
until completion of the improvements to 10th Street from Fair
Park Boulevard to Harrison Street which are shown on the plan
attached as Exhibit "A ".
VI.
That, the Court shall retain jurisdiction over this case
until final completion of this commercial developm t.
VII.
Each party shall bear its own co s in this m tter.
AFBE�
OVED:
R RT TAYLOR
Assistant City Attorney
GEORGE PIKE, JR.
Attorney for Intervenor
1 _
Lc.w�L!
H H. PURVIS
A torney for Petitioner
DATED.
RECEIVED
DEC 21 1981
CITY ATTORNEY