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Home My WebLink AboutORD 2-Y(16 - 6 q pn ej r g AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE VACATING AND ABANDONMENT OF AN ALLEY RUNNING THROUGH BLOCK FORTY-FOUR (44) OF THE NORTH ADDITION TO THE CITY OF BEAUMONT AND BLOCK THIRTY-FOUR.AND A HALF (342) OF THE MCFADDIN HEIGHTS ADDITION TO THE CITY OF BEAUMONT, RESERVING, HOWEVER, THE RIGHT OF THE CITY OF BEAUMONT TO CONSTRUCT AND MAINTAIN IN SAID ALLEY SEWER LINES, WATER LINES, AND OTHER UTILI- TIES, AND RESERVING THE RIGHT OF THE CITY OF BEAU- MONT TO GRANT FRANCHISE RIGHTS TO OTHERS TO CON- STRUCT AND MAINTAIN THE UTILITIES HEREINBEFORE MENTIONED THROUGH AND ALONG SAID'ALLEY, AND PRO- HIBITING THE OBSTRUCTION OF SAME BY ANY BUILDING OR STRUCTURE. WHEREAS, a petition signed by all of the property owners of Block Forty -Four (44) of the North Addition and of Block Thirty - Four and a Half (342) of the McFaddin Heights Addition to The City of Beaumont, has been presented to the City Council of The City of Beaumont, requesting that the alley in said Blocks be vacated and abandoned; and, - WHEREAS, said petition has been referred to the City �lan- ning Commission for examination and approval, and the same has been approved by said Commission; and, WHEREAS, said petition has been duly canvassed and exam- ined by the City Council and has been found to have been signed by all of the property owners in said Blocks, and it appearing to the City Council that the request of said property owners should be granted and that an ordinance should be enacted vacating and aban- doning said alley, reserving, however, to The City of Beaumont the right to construct and maintain all necessary public utilities in said alley, or to grant franchises for the construction and mainte- nance of such utilities in said alley; NOW, THEREFORE, BE I^1 ORDAINED BY THE CITY OF BEAU- MONT, TEXAS: That the alley running through Block Forty -Four (44) of the North Addition to The City of Beaumont and through Block Thirty -Four and a Half (342) of the McFaddinVHeights Addition to The City of Beaumont be, and the same is hereby, authorized to be vacated I and abandoned, and that the title to such alley should revert to and become the property of the persons entitled thereto, as pro- vided by law; provided, however, that the vacating and abandoning of said alley shall in no way affect the right of The City of Beaumont to place and maintain therein sewer, gas, and water lines, telephone, telegraph, and electric wires, poles, and cables, or any other public utility service. Neither shall the vacating and abandoning of said alley affect the right of The City of Beaumont to grant franchises to any person, firm, or corporation authoriz- ing the placing and maintaining in said alley of such sewer, gas, or water line, telephone, telegraph, or electric lines, or other public utility service, all of which rights are hereby expressly reserved. And the vacating and abandoning of said alley shall not be construed as authorizing or permitting any person, party, cor- poration, or legal entity whatsoever to erect, construct, build, move onto, or place any building or structure thereon, and the erection, construction, building, moving onto or placing of any building or.structure therein without permission of the City Coun- cil to do so is hereby prohibited. 1953• PASSED by the City Council this 20th day of January, A. D. - Mayor - THE STATE OF TEXAS COUNTY OF JEFFERSON We, the undersigned, being the sole owners of all the property abbuting upon the alley located in block 34J of the MoFaddin Heights Addition, and blook 44 of the North Addition, to the City of Beaumont, hereby respectfully petition that said alley located in block 34J of the McFaddin Heights Addition, and block 44 of the North Addition, be closed in the manner as permitted by the statutes 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 linea, 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 and maintain therein any such sewer or water line, or telephone, telegraph, or electric lines, wires, poles, or cables; or any other service or utility of the City. OVMR LOT BLOCK ADDITION l FJ r n ✓ �r CJ/7�/� NOTE: This Petition cannot be acted upon favorably if water line is in the alley. EXCERPTS., F.ROK THE MINUTES OF THE SPECIAL SESSION OF THV CITY PLANNING. COMMISSION HELD JANUARY 144 .1953• Motion was made -by '1;*on&rd Stone, seconded. by - Ruadoll Phelps, that :the -Planning Commission recommend to the City Council that , that, portion of. Stroiit -between -..Blocks-'.2- and " 3 of the'. . 'Jarrette 2nd"1ddition, be'.' closed .from North Street, north -to .the Longfellow. School: proporty, rgserving tiie' right of 'The--City .of, Beaumont, to construct 'arid maintain in'aaid vacated "portion of said Street sewer linea,-water lines,.and,othor utilities, and resdrving.- the -right of The City. of Beaumont tp,'giai nt franchite rights -.tQ ,others "to construct and maintainthe utilities' here--- i:nbefore mentioned# through and along.,.said vacated portion of said Street, � ,end 'prohibiting the obstruction of ,4amae hy: any building off`' structs., e'.. Motion, was: rade, by Leonard Stone,-and secondad , by. ,Miss. Md01uakey,' that the ' a.11e�y running , through, Block .44- .of` . the North. Addition and tkir�ough Bloak 341 _pf tie. Waddin Heights Additioh.be closed« Motion 'W'49, made, by Leotard Stone, :seconded by Mi."sa McCluskey, that the . east-west allabutting on $Locks T and. U -on the north, and .Blocks . M N and 0 'an the south, of the, Pennock and 'Potts_ Ad- dition, be closed. Jaz a ROBERT P. GLASS, Special Agent LF P. O. Box 6591 GU INSURANCE HOUSTON, TEXAS CO. C T' ATLANTIC INSURANCE CO. )