HomeMy WebLinkAboutORD 47-Y�17 Y
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AN ORDINANCE
ENTITLED AN ORDINANCE AUTHORIZING THE VACATING
AND CLOSING OF -THAT PORTION OF BIRMINGHAM -AVENUE
BETWEEN BLOCK'S ONE . HUNDRED TWENTY (12 0 ) AND ONE
HUNDRED TWENTY-ONE (121) OF THE.PINECREST ADDITION
FROM BUCHANAN STREET SOUTH, RESERVING, HOWEVER,
THE RIGHT OF.THE CITY OF BEAUMONT TO CONSTRUCT AND
MAINTAIN IN SAID VACATED PORTION OF SAID STREET _
=SEWER LINES, -'WATER LINES, DRAINAGE FACILITIES "AND
OTHER UTILITIES, AND RESERVING THE RIGHT OF THE
CITY OF BEAUMONT TO -GRANT FRANCHISE RIGHTS TO
OTHERS TO CONSTRUCT AND Iu1AINTAIN THE UTILITIES
HEREINBEFORE MENTIONED; THROUGH -AND ALONG SAID
VACATED PORTION OF SAID STREET, AND PROHIBITING
THE OBSTRUCTION OF SAME BY ANY BUILDING OR
STRUCTURE..
WHEREAS, a petition signed by all of the property
owners on Birmingham Avenue between Blocks 120 and.12l'of the
Pinecrest Addition, from Buchanan Street south to a public
alley., has been presented to the City Council of The City of
Beaumont, requesting that,that portion of Birmingham Avenue
should be vacated and abandoned; and
WHEREAS, said petition has been referred to the City
Planning Commission for examination and approval, and the same
has been -approved by said Commission; and
WHEREAS, said petition has been duly canvassed and
examined by the City Council and.has been found to have been
signed by all of the property owners in said Blocks 120 and 121
of Birmingham Avenue from Buchanan Street south, in Pinecrest
Addition, 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 abandoning the above described
-portion of_Birmingham__Avenue,--res-er_ving-, however,: to_The..City _of
Beaumont the right to construct and maintain all necessary public
utilities along said portion of said street, or to grant fran-
chises for the construction and maintenance of such utilities
along said portion of said street;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF
BEAUMONT, TEXAS;
That that portion of Birmingham Avenue between Blocks 12.0 and
121 of the Pinecrest Addition, -from Buchanan Street south to
i�-ate 115.3
J
its termination at a public alley, in The City of Beaumont
be, and the same is hereby, authorized to be vacated and aban-
doned, and that the title to such vacated and abandoned portion
of said street should revert to and become the property of the
persons entitled thereto, as provided by law; provided, however,
that the vacating and abandoning of said portion of said street
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, drainage'facili-
ties, or any other public utility service. Neither shall the
vacating and abandoning of said portion of said street affect
the right of The City of Beaumont to grant franchises to any
person, firm, or corporation authorizing the placing and main-
taining of such sewer, gas, or water lines, telephone, telegraph,
or electric lines, drainage facilities, or other public utility
service in said portion of said street, all of which rights are
hereby expressly reserved. And the vacating and abandoning of
said portion of said street shall not be construed as authorizing
or permitting any person, party, corporation, 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
thereon without permission of the City Council to do so, i.s
hereby prohibited.
PASSED by the City Council this 22nd day of December,
A. D., 1953.
a y o r
TO THE CITY COUNCIL OF THE CITY OF BEAUMONT
We; the undersigned, Roy Ferris..and H. H. St.
Clair, being the owners of Lot 61, Block 120, and Lot.
11 Block 1211 of Pinecrest Addition, respectfully pe-
tition and request that that part of Birmingham Avenue
lying south of Buchanan Street, upon which our two lots
abut, be abandoned and closed for the.redson that this
part of Birmingham Avenue deadends, at the alley south
of our lots and that there is no longer a need for the
public to use this part of the said Birmingham Avenue,
it being understood that in the event said street is
abandoned and closed, it will be subject to all existing
utilities, if any.
DATED this the 14th day of December, 1953.
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