Loading...
HomeMy WebLinkAboutORD 34-SAN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE VACATING AND ABANDONING,OF AN ALLEY IN BLOCKS EIGHT -.AND NINE OF THE . HACKETT 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 THE. UTILITIES HEREINBEFORE MENTIONED THROUGH AND.ALONG SAID ALLEY AND PROHIBITING -THE OBSTRUCTION OF -SAME BY.ANY BUILDING OR STRUCTURE.-. WHEREAS, certain property owners abutting on the alley running through Blocks Six (6), Eight (8), and Nine (9) of the Hackett Addition to the City of Beaumont filed a -trespass to try title suit against the City of Beaumont in Cause No. 60486 styled Mrs. Ada Gunn, et ale v. City of Beaumont, said suit having been filed in the District Court of Jefferson County, ,Texas, and the p1a intiffs therein were claiming title to por- tions- of said alley by limitation; and, WHEREAS, by judgment dated August ' 4, 194710 in said cause; certain plaintiffs in said suit were awarded.title to portions, of the alley running through Blocks Eight (8) and Nine (9) of said Addition, and judgment was for the City as to the alley in Block Six (6) in said Addition; and, WHEREAS,.it was -recited in said judgment that the City of Beaumont should have the use of the lands recovered by the plaintiffs for any and all utility purposes, such as sewerage, water lines, and poles for telephone and light 'lines, and for' such purposes the City should have the necessary -rights and Privileges of ingress and egress for the purpose of construc- tion, repair or maintenance of such utilities;; and, WHEREAS, the City Commission is of the opinion that, as a result of said judgment having -been entered as above set forth, said alley has been effectively Closed for all practical pur- poses., and it.would be for' -the best interest of all concerned _. - that an ordinance be enacted vacating and abandoning the re- maining portions of said alley through Blocks Eight (8) and Nine (9) of the Hackett Addition, reserving, however, to the City of Beaumont the right to construct and maintain all.nece-ssary pub - lie utilities in said alley, or to grant a franchise for the construction and maintenance of such utilities; NOW, THEREFORE, .BE IT ORDAINED BY THE CITY-_ C-OIAMSSION = OF THE CITY OF BEAUNONT: That the alley running through Blocks Eight (8) and Nine (9) of the Hackett 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 (not otherwise determined in the above cause) shall revert to and become the property of the owners of land in said Blocks bordering on said alley as provided by law. Provided, however, that the vacating and abandonment of said .alley shall in no way affect the right of the City of Beau- mont'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 structures 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 day of 1� A.D. 1947. Mayor.o AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE VACATING AND ABANDONING OF AN ALLEY IN BLOCKS FIGHT ACID NINE OF THE HAC IMTTT ADDITION TO TIM, CITY OF BEAUMONT, RESERVING, HOWEVER, THE RIGHT OF THE CITY OF _ BEAUMIONT TO CONSTRUCT AND -MAINTAIN INTAIN IN SAID. ALLEY SEWER LAVES; WA` E._.�.R LINES, ALM, OTHER UTILITIES AND RESERVENG TIM RIGHT OF THE CITY OF BEPIUMONT TO GFIU'INT A FtAx'ICHISE RIGHT TO OTHERS, TO CONSTRUCT AND iAI STAIN THE UTILITIES 1RE'IiT3t'EFORE MENTIONED THROUGH AND ALONG SAID ALLEY AND PROHIBITING TFE OBSTRUCTION CF SAME BY ARTY BUILDING OR STRUCTURE. VIF-EIREAS, certain property owners abutting on the alley running through Blocks Six W., Eight (8 ), and Nine (9) of the Hackett Addition to the City of Beaumont filed a trespass to try title suit against the City of' Beaumont in Cause No. 60486 styled Pb rs . Ada Gunn, et al. v. City of Beaumont, said suit having been filed in the District Court. of Jefferson County,. Texas, and the plaintiffs therein were claiming title to por- tions of said alley by limitation; and, VHEREAS, by judgment dated August 4, 1947, in said cause; certain plaintiffs in said suit were awarded title to portions of the alley running through Blocks Eight (8) and Twine (9) of said Addition, and judgment was for the City as to the alley in Block Six (6) in said Addition; and,. W � S, it was recited in said judgment that the City of Beaumont should have the us.e of the lands recovered by the plaintiffs for any and all utility purposes, such as sewerage, water lines, and poles for telephone and light lines, and for such purposes the City should have the necessary rights and privileges of ingress and egress for the purpose of construc- tion, repair or maintenance of succi utilities; and, tlIIEREAS, the City Commission is of the opinion that, as a result of said judgment having, been entered as above set forth, said alley has been effectively closed for 811 practical pur- poses, and it mould be for the best interest of all conceimed r:. J� that .an ordinance be enacted vacating.,and abandoning the re- maining. e-maining. portions of said alley, through Blocks Dight (8) and Nine (9) of the Hackett Addition, reserving, however.; to the City of Beaumont the right to construct and maintain all -necessary pub-. lie utilities in said alley, or to grgnt a franchise for the construction. and maintenance -of-.such- utilities; NOW:0. THEREFORE, 'ORE, BE IT ORDAINED BY THE CITY COMMISSION - OF THE CITY OF BEAUROET . _ That the alley running through Blocks'Eight (8) and Nine (9) of the Hackett'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 (not otherwise determined in the above cause) shall revert to and become the .property of the owners of land in said Blocks, bordering on said alley as provided by law.. Provided, however,`that the vacating and abandonment of said alley shall in no way affect the right of the City of Beau_' most to place and--maintain--therein sewer, ,gas and grater lines, telephone; telegraph or electric lines,.;wires, ]poles and cables, on any other public utility service. Neither shall the vacating and abandonment of said alley Affect the right o.f .the City of Beaumont to grant a franchise to any pe rson,' firm. or corporation authorizing the placing and maintaining In said alley of such sever, gas or water lines, .telephone,. telegraph or electric linea_, 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, bul, move -..onto .or place any building or structures. therein,, and thg'erection, construction,: building, moving onto or placing* - of .any ,building or structure therein.vithout express per- mission -from the. City Gommission-t4 do so is hereby prohibited. FASSED by the City C omm.is s ion this the day of ,. A. D., 1947.,. Mayor - 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 attached Legal Notice was published on the following dates: November 111 _ 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 7� .day of /G 4� A. D-. 57 ATOTARY - LIC in and for Jefferson County Tex= 1 LEGAL NOTICE This is tocertify that the City Com- of the City of Beaumont passed in regular session held on -the 4th day of November, 1947, the following' ordi- nance: ENTITLED AN ORDINANCE AUTHOR- IZING THE VACATING AND ABAN� DONING OP AN ATJMGG ,,., . nr.,. 7 RESERVING THE RIGHTUTD11OF THE CITY OF BEAUMONT TO GRANT A FRANCHISE RIGHT TO OTHERS, TC CONSTRUCT' AND MAINTAIN' --TRE TIONED UTILITIES IAND ALONG ORE SAID, ?ALLEY AND PROHIBITING THE OB- STRUCTION• OF SAME BY ANY BUILD -I SING OR STRUCTURE, i Willie J.: Brockman City Clerk so 1747 4 Z - L 1747 L ,so ISO -!ro .-5", .,i3,o 1747 L 1747