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HomeMy WebLinkAboutORD 47-RAN ORDINANCE S Z'111. t 4 ENTITLED AN ORDINANCE AUTHORIZING THE VACATING AND ABANDONING OF AN ALLEY LOCATED IN BLOCK FOURTEEN (14) OF THE BOOKER 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 UTILITIES, AND RESERVING THE RIGHT OF THE CITY OF BEAUMONT TO GRANT A FRANCHISE RIGHT TO OTHERS TO CONSTRUCT AND MAINTAIN ALONG SAID ALLEY AND PROHIBITING THE OBSTRUCTION OF SAME BY ANY BUILDING OR STRUCTURE. WHEREAS, a petition signed by Roy Dunigan, being the sole owner of all the property located in Block Fourteen (14) of the Booker Heights Addition to the City of Beaumont, has been pre- sented to the City Commissiqn of the City of Beaumont request- ing that the alley running through the said Block;Fourteen (14) of the said Booker Heights Addition be vacated and abandoned; and, WHEREAS, the 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 the owner of all the property in said Block and it appearing to the City Commission that the request of said property owner should be granted and that an Ordinance should be enacted vacating and abandoning 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 a franchise for the construction and maintenance of such utilities in said alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: That the alley running through Block Fourteen (14) of the Booker Heights 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 pro- perty of the owner of land in said Block bordering on said alley as provided 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 ther�in sewer, gas or water lines, telephone, telegraph or electric,lines or 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 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 aban- doning of said alley shall not be construed as authorizing or permitting any person, party, corporation or legal entity what- soever 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 with- out express permission from the City Commission to do so is hereby prohibited. 2,'i PASSED by the City Commission this the day of April, A. D. 1947. 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THE RIGHT OF THE CITY OF BEETNIONT TO GREAT A FRAN CHI SE RIGHT TO OTHERS TO CONSTRUCT AND MAINTAIN ALONG SAID ALLEY AND PROHIBITING THE OBSTRUCTION OF SAME BY ANY BUILDING OR STRUCTURE. WHEREAS, a petition signed_ by .Roy Dunig:-n, being the sole owner of all the Dr•operty located in Block Fourteen (14) of the Booker Heights Addition to the City of Beaumont, has been -re- sented_ to the City Commission of the City of Beaumont request- ing that the alley running; through the said. Block Fourteen (14) of the said Booker Heights Addition be vacated and abandoned; and, WHEREAS, the said petition has been referred to the City Planning Commission for examination and aonroval 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 hCs been found to have been signed by the owner of all the property in said Block and it appearing to the City Commission that the request of said property owner should be granted and that an Ordinance should be enacted vacating and abandoning said alley, reserving, however, to the City of Beaumont the right to construct end maintain all necessary public utilities in said alley or to g. -rant a franchise for the construction and maintenance of such utilities in said. alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: That the alley running through Block Fourteen (14) of the Booker Heights 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 pro- perty of the owner of land in said Block bordering on said alley as provided 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 or' water lines, telephone, telegraph or electric lines or roles 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 a franchise to any person, firm, or corporation authorizing the ple ci ng and maintaining,, in., sq. CL, alley of such sewer, ga.s or water lines, telephone, telegraph or electric lines, or other public utility service, all of which rights are hereby e:x_pressly reserved. And the vacating and aban- doning of said alley shall not be construed as authorizing or permitting any person, party, corporation or legal entity what- soever to erect, construct, build, move onto. or place an IT building or structure therein, and the erection, ' construction, building, moving onto or placing of any building or structure therein with- out ,express permission from the Ci tzr Commission to do so is hereby prohibited. PASSED by the City Commission this the 22nd day of J,pril, A. D. 194.7. IUT A Y' 0 R No Text No Text No Text PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF -JEFFERSON Before me, the undersigned authority, personally appeared R. A. Bean who, being by me duly sworn, says that the f o r e g o i n g and Legal Notice attached was published on the following dates: April 26, A. D., 19 —4 Journal in the BEAUMONT a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to before me, this the6;qzA.day r of A. D. 1�� OTARY PL in and for Jefferson County Teas.? ENTITLED AN ORDINANCE AUTHORIZ- ING THE VACATING AND ABANDONING OF A ALLEY LOCATED IN TBLOCK( FOURTEEN (14) OF.- RTP-- 'BOOKER HEIGHTS' ADDITION TO THE CITY OF BEAUMONT; RESERVING, ' HOWEVER, THE RIGHT OF. THE CITY OF BEAU- MONT, To CONSTRUCT.AND MAINTAIN IN SAID ALLEY SEWER LINES, WATER LINES -AND OTHER UTILITIES, AND RE- SERVING THE ,RIGHTS OF THE CITY OF BEAUMONT TO GRANT A FRAN- CHISE TO OTHERS TO CONSTRUCT AND MAINTAIN ALONG. SAID GALLEY AND SAME BY ANY BUILDING OR STRUC- TURE. "WHEREAS, a petition signed by Roy Dunigan, being the sole owner of all the property located in Block Fourteen (14) of the Booker Heights Addition to the City of Beaumont, has been, presented to the City Commission of. theCity of_ Beaumont requesting that..the alley running through the said Block Fourteen,_;(3S).of"theosaid� -- Booker Heights Addltibn' bi 'vacated and abandoned; and, WHEREAS, the 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 Com- mission and has been found to have been signed by the owner of all the property in .said Block and it appearing to the City Commission'that the request of said property owner should be granted and that an Ordinance should be enacted vacating and abandoning said alley, re- serving, however, 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 con- struction ad maintenance of such util- ities in said alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION .OF THE CITY OF BEAUMONT: That the, alley running through Block Fourteen (1<4) of the Booker Heights Ad- dition 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 owner of land in said Block bordering on said alley as., provided 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 or water lines, telephone, telegraph or electric lines or 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 a franchise to any person, firm, or corpor- ation authorizing the placing and main- taining in said_alley* of such sewer, gas or water lines, telephone, telesrap electric lines, or other public utility service all of which rights are hereby expressly reserved. And the vacating and abandon- ing of said alley shall not be construed as authorizing or Permitting any penon, party, corporation or legal entity whatso- everto 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 Per- mission from the City Commission to do so is hereby prohibited. PASSED by the.' City Commission ,this the 22nd day of April, A. D. 1947. ' ` (s) Otho Plummer .a MAYOR 1 Vv n r�% .xQ, zCJf'/7 of j i 1 c 7 � .Z 67 .4 VF } r }r O 1 d .4 VF