The URL can be used to link to this page

Home My WebLink AboutORD 27-VAN ORDINANCE AUTHORIZING_ THE VACATING AND ABANDON MENT- OF THAT -PORTION OF ITHE ALLEY WHICH RUNS FROM THIRD STREET TO FOURTH .STREET 'IN BLOCK- TW.O (2) OF. THE PARKDALE'ADDITION TO THE CITY OF BEAUMONT, AND WHICH LIES BETWEEN LOTS" ONE'. -(l-), TWO (2) AND THREE (3) AND LOTS TEN (10), ELEVEN (11) AND TWELVE (12) IN SAID BLOCK TWO (2 )) OF - THE SAID PARKDALE ADDITION PROVIDING VACATING, ABANDONMENT AND CLOSING OF SAID PORTION OF SAID ALLEY SHALL NOT EFFECT RIGHT OF CITY OR OWNER OF PUBLIC UTILITY NOW LOCATED THEREIN TO MAINTAIN AND RECONSTRUCT WHERE NOW LOCATED SUCH PUBLIC UTILITIES AS ARE NOW LOCATED THEREIN, -OR TO GRANT A FRANCHISE AUTHORIZING OTHERS TO MAINTAIN AND RECONSTRUCT WHERE NOW LOCATED SUCH PUBLIC UTILITIES AS ARE NOW LOCATED THEREIN; PROVIDING FOR REMOVEABLE,FLOOR OR COVERING OVER SUCH PUBLIC UTILITIES AS ARE LOCATED IN THE GROUND THEREIN FOR ACCESS TO SAME WHEN BUILDING OR STRUCTURE IS LOCATED THEREIN; AND PROVIDING FOR SATISFACTORY ARRANGEMENT WITH OWNER OF OTHER UTILITIES LOCATED -THEREIN FOR CONTINUANCE AND MAINTENANCE OF -OR RELOCATION OF SAID OTHER PUBLIC UTILITIES. V WHEREAS a petition signed by.the Vice -President of -the Inter- national Derrick & Equipment Company of.Ohio, said Vice -President being duly authorized to execute said petition, the said Inter- national Derrick & Equipment Company of Ohio being .the owner- of all the property abutting that portion of the alley.which runs from Third Street to. Fourth Street in Block Two. (2) of the Parkdale Addition to the -City of Beaumont and which lies between Lots One (1), Two (2) and Three .(3),and Lots Ten (10), Eleven'(11) and Twelve (12.) in said Block Two, (2) of the sa±d"ParkdaleAddition except -that -the said:International Derrick & Equipment Company of - Ohio does not'own Lot. Three (3)', Block -Two (2') -of the Parkdale Addition to the City of Beaumont, but the -said International Derrick &.Equipment Company of Ohio has a purchase contract cover- ing -said Lot Three, Block Two of the said Parkdale-Addition to the -City of Beaumont conditioned upon the City of Beaumont closing tYe aforesaid portion of the -aforesaid alley, has been presented to the City Council of the City of Beaumont requesting that'the portion of the alley which runs from Third Street to Fourth Street in Block Two -(2) of the Parkdale Addition to the City of Beaumont and which lies -between Lots One -(1), Two (2) and.'Three (3) and Lots Ten (10), Eleven (11) and Twelve (12) in said Block Two (2) of the .said Parkdale'Addition be vacated,,abandoned and -closed; and WHEREAS said petition has been referred to the City Planning Commission for examination and.approval and the same has been approved by the said City Planning Commission; and 'v1HEREAS ,said pet it! on:::has:-been--duly canvassed and examined by the City Council and has been found.to have been signed, by all the owners of property abutting upon said portion of said alley except Lot. Three (3),.Block Two (2) of the said-Parkdale- Addition to the City. of Beaumont, which said Lot Three (3), Block.Two'(2) of the said Parkdale Addition to the City of _Beaumont the. -said International Derrick &-Equipment Company of Ohio has under purchase -_,contract conditioned upon the City of Beaumont closing the aforesaid portion of the aforesaid -alley, and -it appearing to the City Council that the request -of the said International Derrick &--Equipment Company of Ohio -should be granted and that an . ordinance should be enact -ed . vacating, .abandon= ing and closing -said portion of said alley, reserving however, to the City of Beaumont and the owners of -other public utilities now located therein the right to maintain and --reconstruct all such public utilities which are now located -in said portion of said alley or to grant a franchise for the maintenance and rec.onstruction of said utilities as are now located in -said portion of said allEy; and WHEREAS numerous municipal benefits will be derived from the closing of the aforesaid portion of the: aforesaid alley. some of which are as follows:. Maintenance .expenses will be eliminated, a harborage of rats and other varmints will be eliminated, an unsightly and unhealthy weeded area will be eliminated, and the area.which is industrial in nature will be made more suitable for industrial purposes. NOW, THEREFORE, BE IT ORDAINED BY THE __CITY OF BEAUMONT: That that portion of the alley -which runs.from Third Street to Fourth Street in Block Two .(2-) of the Parkdale Addition to the City,of Beaumont, and which .lies -between -Lots One(l), Two (2) and Three (31 and-Lots"Ten (10), Eleven (11) and Twelve (12) in said Block Two (2) of the said Parkdale Addition be, and -the . same is hereby vacated,. abandbned,.and closed and the title to such street shall revert -to. and become'the absolute property of the owners of�land abutting upon said portion ofsaid alley as provided by law; Providing, however, that the vacating-, abandonment and closing of said,,portion-of-said alley shall in no way effect the right of the City of Beaumont or the owner -or owners of any,. public'utf3ities now located therein to maintain.and reconstruct therein in the same location or locations wherb'the same are n I ow lod.ated all public utilities owned by..the City'of Beaumont or other public'utility company which are now -located therein or the right of the City of Beaumont to grant -a franchise to,any person, - firm or cbrpor6t.ion'authori,zing-the.-maintenance- and reconstruction therein in the same Ioc . ation or loca, I tio . hs' where the same me are now located, -,all public utilities which are'now located therein, and--. any person, party.,' -corporation or legal entity whatsoever that shall �erect, ..construct, build,-miove onto or placoany building or structure ih'said portion -of said alleyshall "construct a remove - able floor -or covering immediately over such public utilities which are now under the ground there -in through which access to said public utilities may be had and shall make satisfactory arrange- ments -frith theav-Ther or "owners ofsuchother-public utiliti' es as are now located ,therein .forthe continuance -and maintenance of --or relocation of said publicutilities. Passed by -the City Commission thi's I-IVZday of January, A.D., 1-950.' 11AYOR a'1A� l`tS�:� INTERNATIONAL DERRICK & EQUIPMENT COMPANY ONE OF THE DRESSER INDUSTRIES BEAUMONT,TEXAS RICHARD R. GLOSS VICE-PRESIDENT AND GENERAL MANAGER TEXAS DIVISION January 12, 1950 Mrs. Willie J. Brockman, City Manager, . City of Beaumont, Beaumont, Texas. Dear Mrs. Brockman: The International Derrick & Equipment Company of Ohio, a body corporate, has petitioned the City Council of the City of Beaumont to close that portion of the alley Which runs from Third Street to Fourth Street in Block 2 of the Parkdale Addi- tion to the City of Beaumont and which lies between Lots 1, 2, and 3 and Lots 10, 11 and 12 in said Block 2 of said Parkdale Addition, said petition being dated the 12th day of January, 1950. The International Derrick & Equipment Company of Ohio does hereby agree that it will defend and save harmless the City of Beaumont from and indemnify the City of Beaumont against any and all liability and suits or claims for damages to the property of any person which may be caused by or result from the closing of said portion of said alley as requested in said petition. Yours very truly, INTERNATIONAL DERRICK & EQUIPIENT COMPANY OF OHIO R c ar R. Jos Vice President & General Manager Texas Division TATUM, CAMP, BALL & GOODWIN ATTORNEYS AT LAW W, A. TATUM GEORGE T. CAMP LESLIE M. BALL W. JARVIS GOODWIN Mrs. Willie J. Brockman, City Manager, City Hall, Beaumont, Texas. Dear Mrs. Brockman: SUITE 509 AMERICAN NATIONAL BANK BLDG, BEAUMONT, TExas January 14, 1950 Enclosed herewith you will find original and three copies of form of an Ordinance which may be used by the City Council of the City of Beaumont in closing that portion of the alley which runs from Third Street to Fourth Street in Block 2 of the Parkdale Addition to the City of Beaumont, and which lies between Lots 1, 2, and 3 and Lots 10, 11, and 12 in said Block 2 of said Parkdale Addition, iri accordance with a petition filed with the City Planning Commission on January 13, 1950, and in accordance with a resolution passed by the City Planning Commission recommending the closing of said portion of said alley passed January 13, 1950. Under separate cover, an indemnity agreement of the International Derrick & Equipment Company of Ohio is being mailed to you. Copies of all of the aforesaid instruments have been mailed to Mr. Murphy, City Attorney for his approval. We will appreciate it very much if this matter can be placed on the docket of the City Council for next Tuesday, January 17, 1950. Yours very truly, TATUM, CAMP, BALL & GOODWIN W. A. TATUM WAT/f g Encl: Form of Ordinance 19S-6