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HomeMy WebLinkAboutORD 55-NALA d 3-3) AN ORDINANCE AN ORDINANCE AUTHORIZING THE VACATING AND CLOSING OF AN ALLEY THROUGH BLOCK THREE (3) OF THE McFADDIN HEIGHTS ADDITION TO THE CITY OF BEAUMONT, RESERVING, HOWEVER, TO THE CITY OF BEAUMONT THE RIGHT TO CONSTRUCT AND MAIN- TAIN IN SAID ALLEY SEWER LINES, WATER LINES, TELEPHONE, TELEGRAPH .AND ELECTRIC LIGHT LINES AND OTHER UTILITIES AND RESERVING TO THE CITY OF BEAUMONT THE RIGHT TO GRANT A FRANCHISE TO ANY PUBLIC UTILITY COMPANY TO CONSTRUCT AND MAINTAIN SUCH UTILITIES IN AND ALONG SAID ALLEY. WHEREAS, a petition signed by the Jefferson Amusement Company, a corporation, has been presented to the City Com- mission of the City of Beaumont requesting that the alley lo- cated in Block Three (3) of the McFaddin Heights Addition be vacated and closed; and WHEREAS, the said petition has been referred to the City Engineer for examination and the same has been approved by the City Engineer; and WHEREAS, it appears that Jefferson Amusement Company is the owner of the entire Block Three (3) aforesaid and that the petition should be granted and an ordinance enacted vacating and closing said alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM- MISSION OF THE CITY OF BEAUMONT: That the alley located in Block Three•(3) of McFaddin Heights Addition be and the same is hereby authorized to be vacated and closed and that the title to such alley shall re- vert to and become the property of the owner of the land in said block bordering on said alley, as provided by law, except however, that the closing of the said alley shall in no way affect the right of the City of Beaumont to place and maintain therein sewer lines, water lines, telephone and telegraph lines, CO- - IV electric lines and other utilities; neither shall the closing of said alley affect the right of the City of Beaumont to grant a franchise to any person, firm or corporation authoriz- ing the placing and maintaining in said alley of such sewer or water lines, telephone, telegraph orelectric lines or other public utilities, all of which rights are hereby expressly re- served. PASSED this the 31st day of IVlarch., A. D. 1942. M A Y 0 R CITY OF BEAUmoMrr B E A'LJ M CD 1 z T E X A S TtDf fri t, 0 Ulu March 14, 1942 Mr. Raymond Edmonds City Manager Building Dear Sir: I have checked the attached petition and find it to be in order. I therefore recommend the approval of same. JCR: jl Yours truly, P • n , City Engineer 31 - r/ 4-2-- 6v& 3-31-19(12- SHARFSTEIN, BELL & WEINERT ATTORNEYS AT LAW SAM'L B.SHARFSTEIN JOHN L.BELL BEAU MONT TEXAS HERF. M.WEINERT March 13, 1942 Mr. D. L. Broadus City Attorneys Office City Hall Beaumont, Texas Re: Closing of Alley, Block Na. 3, McFaddin Heights, Jefferson Amusement Com- pany, Owner. Dear Mr. Broadus: We return herewith your form of application for closing of alleyway filled in by us as attorneys for Jefferson Amusement Company, sole owner. It is a corporation, and we are authorized and requested to act for it in this legal matter. We have noted for the additional information of the Commission that the only dedicated alleyway is a short strip of a turnout, from the plat of Gulf Street. No actual use has been made of any alley on the ground as the entire tract has been under cultivation by the McFaddins for many years. Our client wishes to erect a theatre building and provide parking space on the tract, and we assume that the building structure will probably be placed inthe central portion for which reason we wish to dispose of this alley question. We believe with this information the Commission will see fit to grant our request. Please call on us for anything additional which may be required. We thank you for your assistance in this matter. Please send us statement for any costs or expenaes required in connection therewith. Unless the City is accustomed to recording theorders closing alleyways as a matter of course, we should like to be furnished with a recordable copy of the order, at our expense, of course. Very truly yours, SHARFSTEIN, BELL & WEI T HMW' BY : rf ,L Enc. THE STATE OF TEXAS : COUNTY OF JEFFERSON : WE, the undersigned, being the sole owners of all the property located. in Block of the'L Addition to the City of Beaumont, hereby respectfully titioif, �"- 41 , � �n that the alley located in Block, Addition be closed in the manner as permitted by'the s atutes of the State of Texas, and that such .alley become the absolute property of the owners of the land in said block adjacent and abutting on such alley, it being understood-, however, that the closing of this alley shall in no way affect the rights of the City as to placing and maintaining therein of any sewer or water lines, or telephone, telegraph, or electric lines, wires, poles, or cables or any other service or utility of the City, or the right of the City to grant franchises to persons or corporations to place end maintain therein any such sewer or water line, or telephone, telegraph, or el-ectric lines, wires, poles, or cables, or any other service or utility of the City. OWNER LOT NO. BLOCK ADDITION NOTE: This petition cannot be acted upa favora ly if water , line is in the alley. • prix. ,er��( /It-�'