Legislation Details

File #: RES-59:2145    Version: 1 Name: Repeal of Ordinance 979
Type: Resolution Status: Passed
File created: 2/16/1959 In control: City Council
On agenda: Final action: 2/16/1959
Title: RESOLUTION TO VOID ORDINANCE #979
Indexes: Abandonment
Related files: MIN-59:04

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RESOLUTION TO VOID ORDINANCE #979

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WHEREAS, ordinance no.979 was duly passed and adopted by the City Council of the City of Jonesboro, Arkansas on January 19, 1959; said ordinance abandoning and vacating a certain portion of a dedicated and platted street running East and West for a distance of approximately 265.1 feet, being 30 feet in width and contiguous to Block 3 of Ridgecrest addition to the City of Jonesboro, as same is more particularly described in said ordinance;

 

WHEREAS, the City Council was not fully advised of all facts and circumstances in regard to said street and the abandonment thereof;

 

WHEREAS, the City Council was led into the belief that said matter had been presented to and approved by the City Planning Commission;

 

WHEREAS, the City was not informed or advised that the City Water and Light Plant had a heavy duty electric pole line over and upon said right-of-way.

 

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Jonesboro setting in regular assembled session this 16th day of February, 1959 that the passage of said Ordinance 979 and the abandonment of said street therein described was not in the best public interest and welfare, and that said street and alley should not have been abandoned and would not have been abandoned had petitioners fully advised the City Council of all the facts and circumstances.

 

BE IT FURTHER RESOLVED that said Ordinance #979 be and is hereby declared to be void and cancelled and of no effect; and that the City Attorney be and is hereby authorized and directed to file suit in the Chancery Court to reject said ordinance and take any and all other action necessary.

 

PASSED and ADOPTED this 16th day of February, 1959.