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HomeMy WebLinkAboutORD 21-So w. y AN ORDINANCE AN ORDINANCE AUTHORIZING THE VACATING AND ABANDONYENT OF THIRD STREET WITHIN THE CITY OF BEAUMONT FROM ITS INTERSECTION WITH LAUREL AVENUE TO ITS INTERSECTION WITH SOUTH STREET; PROVIDING VACATING AND ABANDONNKENT THEREOF SHALL NOT. AFFECT RIGHT OF -CITY TO MAINTAIN AND RECONSTRUCT WHERE NOW LOCATED SUCH PUBLIC UTILITIES AS ARE NOW LOCATED THEREIN, OR TO GRANT A FRANCHISE AUTHORIZING OTHERS TO MAIN- TAIN AND RECONSTRUCT WHERE NOW LOCATED SUCH PUBLIC UTILITIES AS ARE NOW LOCATED THEREIN.; PROVIDING FOR REMOVABLE FLOOR'-- OR COVERING OVER SUCH PUBLIC UTILITIES FOR ACCESS TO SALE WHEN BUILDING OR .STRUCTURE IS LOCATED THEREIN; AND PRO- VIDING RO- VIDING EFFECTIVE DATE . OF THIS ORDINANCE. WHEREAS, a petition signed by the Vice -President of the Inter- national Derrick and Equipment Company of Ohio, said Vice -President being duly authorized to execute said petition, the said International Derrick and Equipment Company of Ohio being the owner of all the property abutting Third Street from its intersection_ with Laurel Avenue to its intersection with South Street in the L'ity of Beaumont, has been presented to the City Commission of the City of Beaumont requesting that the said Third Street be vacated, abandoned, and closed from its intersection with Laurel Avenue to its intersection with South Street in the City of Beaumont, Texas; and, WHEREAS, said petition has been referred to the City Planning and Zoning Commission for examination and approval and the same has been approved by the said City Planning and Zoning Commission; and, WHERF-AS, said petition has been duly canvassed and examined by the City Commission and has been found to have been signed by all the owners of property abutting upon said portion of said street and it appearing to the City Commission that the request of said property owner should be granted and that an ordinance should be enacted vacat- ing, abandoning and closing said portion of Third Street from its intersection with Laurel Avenue to its intersection with South Street within the City of Beaumont, reserving, however, to the Lity of Beaumont the right to maintain and reconstruct all public utilities which are now located under the ground in said portion of Third Street or to grant y t3� 19�lY� n a a franchise for the maintenance and reconstruction of said utilities as are now located under the ground in said portion of Third otreet. NUN, THEREFORE , BE IT ORDAINED BY THE CITY C OMI-aSSION OF THE CITY OF BEAUMONT: -1- That Third Street within the City of Beaumont from its inter- section with Laurel Avenue to its intersection with -South -Street be and the same is hereby vacated, abandoned and closed and the title to such street shall revert to and become the absolute property of the owner of land abutting said Third Street from its intersection with Laurel Avenue to its intersection with South 5tree t as provided by- law, providing, however, that the vacating, abandonment and closing of said portion of Third Street shall in no way affect the right of the City of Beaumont to maintain and reconstruct therein in the same location or locations where the same are now located all public utilities which are now under the ground therein or to grant a fran- chise to any person, firm or corporation authorizing the maintenance and reconstruction therein in the same location or locations where the same are now located all public utilities which are now located under the ground therein and any person, party, corporation or legal entity whatsoever that shall erect, construct, build, move onto or place any building or structure in said portion of Third btreet shall construct a removable floor or covering immediately over such public utilities through which access to said public utilities may be had. -2- That this ordinance shall take effect as herein provided upon the completion of the opening and paving of First street from Laurel avenue to oouth btreet, the paving of bouth- 5 tree t from the T. N . 0. railroad - right -of -way to Fourth btreet, the paving of Angelina street from Third 5 treet to Fourth Street and the draining of the area all as ordered to be carried out by the City Commission of the city of Beaumont in that certain resolution passed by the City Commission on the 16th day of December, 1947, and the Gity Engineer shall upon the completion of same N ' P. cl ��-11 s � file a certificate with the City Commission evidencing the completion thereof, and this ordinance shall be in, full force and effect from and after the filing of said certificate by the City Engineer. PASSED by the City Commission this 13th day of April A. D., 1948. - MY -017