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Home My WebLink AboutORD 35-RLl 0 35"-N .e f9V-11 0 AN ORDINANCE ENTITLED AN ORDINANCE 1UTHORIZING THE VACATING AND ABANDONING OF AN ALLEY LOCATED IN BLOCK FIVE (5) OF THE CARTWRIGHT ADDITION TO THE CITY. -OF BEAUItiiONT, RESERVING, HOWEVER, THE RIGHT OF THE CITY OF BEAUMONT TO CONSTRUCT AND M1AINTAIN INT SAID ALLEY SEWER LIVES, WATER LINES, AND OTHER UTILITIES AND RESERVING THE RIGHT OF TI3E CITY OF BEAUMONT TO GRANT A FRANCHISE RIGHT TO OTHERS, TO CONSTRUCT AND MAINTAIN THE UTILITIES HEREIN- BEFORE MENTIONED THROUGH AND ALONG SAID ALLEY AND PROHIBITING THE OBSTRUCTION OF SAIFIE BY ANY BUILDING OR STRUCTURE. WHEREAS, a petition signed by all the property owners of the Lots in Block Five (5) of the Cartwright Addition to the City of Beaumont has been presented to the City Commission of the City of Beaumont, requesting that the alley running through Block Five (5) of the said Addition be vacated and abandoned; and, 'VMEREAS, said petition has been referred to the City Planning Commission for examination and approval and the same has been approved by the said Commission; and, WHEREAS, said petition has been duly canvassed and examined by the City Commission and has been found to have been signed by all the property owners in said Block, and it - appearing to the City Commission that the.request of the said property owners should.be granted and that an ordinance should be enacted vacating and abandoning said alley, reserving, how- ever, to the City of Beaumont the right.to construct and main- tain all necessary public utilities in said alley, or to grant a franchise for the construction and maintenance of such utilities in said alley, Novi, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: That the alley running through Block Five (5) of the Cartwright Addition to the City of Beaumont, Texas., be and the same is hereby authorized to be vacated and abandoned, and that the title to such alley shall revert to and become the property of the owners of land in said Block bordering on said alley as provided by law. Provided, however, that the vacating C9�cL, 3 R and abandonment 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 or electric lines, wires, poles and cables, or any other public utility service. Neither shall the vacating and abandonment of said alley affect the right of the City of Beaumont to grant a franchise to any person, firm or corporation authorizing the placing and maintaining in said alley of such sewer, gas or water lines, telephone, telegraph or electric lines, or other public utility service, all of which rights are hereby expressly reserved. .And the vacating and abandonment of said alley 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 therein, and the erection, construction, building, moving onto or placing of any building or structure therein without express permission from the City Cornmission to do so is hereby prohibited. PASSED by the City Commission this the: -_day of January, A. D. 1947. IIUkYOR PRO TEMPORE iN THE STATE CF ZE AS : COUNTY CF JEFFERSON : We, the undersigned, beim the sole olnrners of all the property located in Bloch ;r. , of the-ft%T_Yx Addition.to the City of Beaumont, hereby respectfully petition that the alley located in Block Addition be closed in the manner as permitted by the statutes of the State of Te;:as, and that such ali.ey become the absolute property of the owners of the land in said block adjacent and abutting on such -alley, it b.cing 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, pole.s,.'b;r cq'bloA or a=ny iathcr service ot utility of the City, or the right of the City to ;rant franchises to persons or corporations to place and maintain therein any such sewcr or water line, or telephone, telegrapor electric lines, wires, poles, or cables, or any otha service or utility of -the City. OVJNER LOT BLOCK re►�i—moi �Y � ��.s (,� 01/ lY� :Jf r V9 0 VL' `� .r _ADDITION J NOTE: This petition cannot be acted upon favor,,bly if water line is in the alley. EXCERPT FRCI:2 THE .IxINUT1 S OF THE, FORTY FOURTH REGULAR MEETING OF THE. CITY PLANNING AND ZONING COIAMISSION HELD AT THE, CITY HALL, BEAMJONT, TEXAS, TUESDAY, JANUARY 7, 1917, 4:00 P.m. "A petition to close the alley in Block.5,,Cartwright Addition was presented by Mr. Schaumburg. It was moved by Mi. ;Pittman, seconded by Miss IgcCluskey, and unanimously carried that.the Planning and Zoning Commission approve this petition. t, On yirman I, Florence R. McCluskey, Secretaxj, of the City.Planning and Zoning Commission, hereby certify that the foregoing is a true and correct copy from -the minutes of the City Planning and Zoning Commission. No Text No Text PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority,, personally appeared a ► . who, being by me duly sworn, says that the f o r e g o i n g and attached Legal Notice was published on the following dates : Feb. 4, A. D., 19 47 in the BEAUMONT Journal , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to before me, this the .day } ��. NOTARY�IC��jeffrson County Teams 69/11 , 3 s-8 /- L? �j y 7 LEGAL NOTICES Il AN ORDINANCE AN ORDINANCE AU- G THE VACATING AND ING ANLOCAT- OCK FFIVE�(5EYOF THE yr .AnnTTION TO THE 1 STRUCT AND MAINTAIN' IN SAID ALLEY SEWER LINES, WATER LINES,• AND OTHER UTILITIES AND RESERVINGITHE RIGHT OF THE CITY OF BEAUMONT TO GRANT.A FRANCHISE RIGHT TO OTHERS, TO J" CONSTRUCT AND MAINTAIN THE I UTILITIES - HEREINBEFORE MEN- TIONED THROUGH AND ,ALONG SAID ALLEY AND PROHIBITING .THE OBSTRUCTION OF SAME BY ANY BUILDING OR STRUCTURE. WHEREAS, a petition signed by all the 1, property owners of the Lotsin Block Five (5) of the Cartwright. Addition to the City of Beaumonthas -been. presented to -the. City Commission of- the City of -Beau- �--- --�— mont, requesting that- the alley sunning through -Block Five (5) of the said- AM41 , tion be vacated and abandoned; and, WHEREAS, said petition has been re- ferred to the City Planning Commission for examination and approval and the same has . been "approved by the said Commission; .and, WHEREAS, said petition has been duly canvassed and examined by the City Commission and has been found to have leen signed by all the property owners (in said Block, 'and it appearing to the ' City Commission that the request of the said property owners -should be granted land that,an ordinance should be enacted jacat�ng'and abandoning said' alley.- re- serving, however, to the City d of Beau- I Imont the right to construct anmaintain all necessary Public utilities and main- tenance of such utilities in said alley. . j NOW, -THEREFORE, BE IT OR- k DAINED BY THE CITY COMMISSION OFTOF THE CITY OF BEAUMONT: That ""Ty alley, running through , Block . Five (5) of the Cartwright Addition to, the City of Beoumont, Texas, be and the.; j same .is .hereby authorized to be vacated and abandoned, and that the title too such alley shall revert to and become the property of the owners of land in said . Block 'bordering on said alley as pro-,` vided by law. ProVided, however, that the vacating and abandonment of said alley shall in no way affect the right of the i City of Beaumont to place and maintain therein sewer, Vs and water lines, tele- phone, telegrar, or electric lines, wires, I poled 'and cables. or any other public utility service. Neither shall the vacating I and abandonment of said alley affect the right of the City of Beaumont to, grant, �a franchise to any person, firm or cor- poration authorizing the placing and maintaining in said alley of such sewer, gas or water lines, telephones. _telegraph re, -all of which rights are .hereby ex- �ly reserved. And the- vacating and donment of said alley shall, not be ;ructed as authorizing or permitthig person, Party, corporation or legal• y whatsoever to erectconstruct ,l I, move onto or place any building I ructure therein, and the erection, con- ation, building, moving onto or Plac- of any building or structure 'therein out express Permission from the City mission to do so is -hereby. Prohibited. SSED by the Cit,* Commission- this 28th day of January, A. D. 1947. ; Mayor Pro Tempore. __i%s/ James F. Parker, J 4-2 /.� ,� �f- �n elm X ( a'v"P! r0ee, I ell INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: January 10, 1917 To: Mr. George Murphy, City Atty. From: George J. Schatunburg Subject: COMMENT: 6/La , 3.s --A /--2 ?-l9l!`d PLEASE HANDLE) PLEASE APPROVE PLEASE NOTE and RETURN FOR YOUR INFORMATION PLEASE SEE ME , PLEASE ADVISE -1 YOUR FILE Please prepare resolution papers for the closing of the alley located in Block 5 of the Cartvright Addition. Attached you will find three copies of Excerpts of the 1:1;nutes of the City Planning and Zoning Commission approving the closing -of this alley.' Al r,,J If