ORDINANCE NO 2008

AN ORDINANCE AUTHORIZING THE CITY COUNCIL PURSUANT TO CHAPTER 12.08.01(E) OF THE MUNICIPAL CODE OF THE CITY OF EUREKA SPRINGS, ARKANSAS, TO RECLAIM JURISDICTION OVER CERTAIN PRIOPERTY COMMONLY KNOWN AS PARTS OF NEBO ST., AND UNNAMED MCELYEU ST.

WHEREAS, the City Council of Eureka Springs, Arkansas, has been petitioned to vacate certain land now held as a Green Zone;

And whereas Section 12.08.01(E) of the Eureka Springs Municipal Code allows the City Council to reclaim jurisdiction over the following sections of Green Zone to make further discussions of the petition.

THAT PART OF NEBO STREET LYING NORTHEASTERLY OF BLOCK 166 AND BLOCK 167, AND LYING SOUTH OF WHEELER STREET AT ITS PRESENT LOCATION, RILEY AND ARMSTRONG SURVEY TO THE CITY OF EUREKA SPRINGS, CARROLL COUNTY, ARKANSAS.

THAT PART OF AN UNNAMED STREET LYING BETWEEN LOT 8, BLOCK 145, AND LOT 4, BLOCK 167, RILEY AND ARMSTRONG SURVEY TO THE CITY OF EUREKA SPRINGS, CARROLL COUNTY, ARKANSAS.

THAT PART OF MCELYEU STREET LYING BETWEEN LOT 7, LOT 8, BLOCK 168, AND LOT 8, BLOCK 145, LOT 4, BLOCK 167, RILEY AND ARMSTRONG SURVEY TO THE CITY OF EUREKA SPRINGS, CARROLL, COUNTY, ARKANSAS.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA SPRINGS, ARKANSAS, THAT:

Section. 1. That the sections described below are hereby removed from the jurisdiction of the Parks and Recreation Commission for further consideration by the City Council of Eureka Springs, Arkansas.

THAT PART OF NEBO STREET LYING NORTHEASTERLY OF BLOCK 166 AND BLOCK 167, AND LYING SOUTH OF WHEELER STREET AT ITS PRESENT LOCATION, RILEY AND ARMSTRONG SURVEY TO THE CITY OF EUREKA SPRINGS, CARROLL COUNTY, ARKANSAS.

THAT PART OF AN UNNAMED STREET LYING BETWEEN LOT 8, BLOCK 145, AND LOT 4, BLOCK 167, RILEY AND ARMSTRONG SURVEY TO THE CITY OF EUREKA SPRINGS, CARROLL COUNTY, ARKANSAS.

THAT PART OF MCELYEU STREET LYING BETWEEN LOT 7, LOT 8, BLOCK 168, AND LOT 8, BLOCK 145, LOT 4, BLOCK 167, RILEY AND ARMSTRONG SURVEY TO THE CITY OF EUREKA SPRINGS, CARROLL, COUNTY, ARKANSAS.

Section 2. That provisions of this ordinance are hereby declared to be separable and if any provision shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this ordinance.

Section 3. All ordinances and resolutions and parts thereof, in conflict herewith are hereby repealed to the extent of such conflict.

EMERGENCY CLAUSE

Section 4. Whereas time is of the essence due to the pending sale of property and in order to protect the health, safety and welfare of the people of the City of Eureka Springs, Arkansas, an emergency is hereby declared to exist and this ordinance shall become effective upon its passage by the City Council of Eureka Springs, Arkansas, and upon affixing the signature of the City Clerk and the Mayor of the City of Eureka Springs, Arkansas.

PASSED AND APPROVED THE _____ DAY OF ___________________, 2005.

APPROVED:

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Mayor Kathy Harrison

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City Clerk Mary Jean Sell