HomeMy WebLinkAbout10165ORDINANCE N0. 10,165
AN ORDINANCE REPEALING ORDINANCE NO. 10,,139, WHICH
ORDINANCE VACATED AND ABANDONED A STRIP OF LAND
TWENTY FIVE FEET WIDE DEDICATED AS A STREET ON THE
SOUTH SIDE OF WESTOVER HILLS SUBDIVISION, PULASKI
COUNTY, FROM THE 'NEST LINE OF LOT 1 EXTENDED SOUTH
OF WESTOVER HILLS SUBDIVISION TO A POINT 572.8 FEET
DUE EAST OF SAID WEST LINE; AND FOR OTHER PURPOSES.
Whereas, The City Council of the City of Little Rock passed
an ordinance vacating and abandoning a strip of land twenty five
(25) feet wide dedicated as a street on the South side of Westover
Hills Subdivision, Pulaski County, from the West Line of Lot One (1)
extended South of Westover Hills Subdivision to a point 572.8 feet
due East of said Nest line, on May 7, 1956; and
Whereas, The City Council has now determined that the passage
of such ordinance was in excess of the authority and powers granted
it by the laws and Constitution of the State of Arkansas in that
written consent to the vacating and abandoning of said street was
not filed with the Council by the owners of all lots abutting upon
the portion of said street which said ordinance attempts to vacate
and abandon; and
Whereas, Act No. 17 of the Acts of the General Assembly of the
State of Arkansas for the year 1945, which is the act which the
petitioners and the Council were proceeding under in the enactment
of Ordinance No. 10,139, specifically requires "that no street or
alley or any portion thereof shall be abandoned or vacated unless
there has been filed with the Council the written consent of the
owners of all lots abutting on the street or alley, or the portion
thereof to be vacated "'; and
Whereas, Ordinance No. 1Or139 is invalid; and it should be
declared invalid and repealed in order to be stricken from the
record.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LITTLE ROCK, ARKANSAS:
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Section 1. That Ordinance No. 10r139, which ordinance was
passed by this Council on May 7, 1956, and approved by Woodrow ZJJ.
Mann as the Mayor of the City of Little Rock, vacating and abandon-
ing that portion of a street which is described as follows:
A strip of land 25 feet in width from the West
line extended South of Lot One (1) WESTOVER HILLS
SUBDIVISION, Pulaski County, Arkansas, to a point
572.8 feet due East of said West line extended
South of said Lot One (1), which strip of land was
dedicated as a street in the plat of Westover Hills
Subdivision, Pulaski County, Arkansas, now appearing
in Plat Book 4, Page 89, in the Office of the Circuit
Clerk and Ex- Officio Recorder of Pulaski County,
Arkansas,
is hereby repealed in its entirety and declared to be null and void.
Section 2. That all other ordinances or parts of ordinances
in conflict herewith are hereby repealed and this ordinance shall
be in full force and effect from and after its passage and approval.
Section 3. That a copy of this ordinance, duly certified
by the City Clerk, shall be filed in the Office of the Circuit
Clerk and Ex- Officio Recorder for Pulaski County, Arkansas.
PASSED: May 21, 1956
ATTEST:
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City Clerk
APPROVED:
Mayor