Arkansas § 14-301-304 - Ordinance vacating street or alley.

§ 14-301-304. Ordinance vacating street or alley.

If the council shall find by a majority vote of its members that the petition should be granted, either in whole or in part, the decision of the council shall be incorporated in an ordinance to that effect which shall be substantially as follows: “Whereas, a petition was duly filed with the City (or Town) Council of the City (or Town) of , Arkansas, on the day of , 19 , asking the City (or Town) Council to vacate and abandon all that portion of the street (or alley) designated on the plat of the Addition to the City (or Town) now appearing of record in plat book , page , in the office of the recorder of County, beginning at and ending at . “Whereas, after due notice as required by law, the council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the street (or alley) or the portion thereof, hereinbefore described, has heretofore been dedicated to the public use as a street (or alley) herein described; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all the owners of the property abutting upon the portion of the street (or alley) to be vacated have filed with the council their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the street (or alley). “Now, therefore, be it ordained by the City (or Town) Council of the City (or Town) of , Arkansas: “Section 1. The City (or Town) of , Arkansas, releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the street (or alley) designated as follows: “(Here will be designated the street or alley to be abandoned by reference to the official plat.) “Section 2. A copy of the ordinance duly certified by the city clerk or town recorder shall be filed in the office of the recorder of the county and recorded in the deed records of the county. “Section 3. This ordinance shall take effect and be in force from and after its passage.” Click to view form.