HomeMy WebLinkAboutOrdinance 574 ORDINANCE N0 , eJ 77
An Oriinance to be entitled,an Ordinance
a�.t rizin� the closing of an alley bet�veen Lots
Thirty-four ( '-!) and Thirty-five (jJ) inloek Eight
($) of J. A. Lea's Subdivision of Field-Welsh Addition
to the City of Fcrt Worth, and i.eclaring the same, s
nuisance as an alley.
BE IT CMDAINED:by the Board of Commissioners
cf the City of Fort North.
Sec. 1. That a t.venty (,)-C) ft . alley fronting
on South Lake Street in Block Oise-Thou sand (1000) , and
lying betvieen Lots Thirty-four (31-4) and Ti:i~'ty-five (,_�)
in Flock Eight (8) of J. A. Lee's Subdivision of Field
Welsh Ad.iition to the City of Fort Worth, be , and the same
is hereby declared a nuisance as an alley for the reason
that large quantities of water collect and stand thereon
after rainfalls , causing near by premises to become
unsightly , 'unhea.lthy and uncomfortable to occujy. When
dry the same is used largely by oarba`e :wagons in the
hauling of dead bodies and lecaying refuse and other
matter along the same, near , and in close proximity to
the horr.es of adioining pro.)erty owners. From sa.i1 garbage
wagons , and the stench and odor therefrom, flies are
attracted in such numbers as to menace said pro-)arty
oxnars %vith disease , and on account of the above unsari-
tary and unhealthy conditions and uses of said alley,
the same is declared to be a ))obit nuisance.
"sc. 2. The alley described in Section One
of tiii8 Act haviniz been declared to be a nuisance, is
hereby ordered closa.i, and the right and the use of said
alley is hereby grantedivested, one-half (1%Z) thereof
to the o�mar of Lot No. T-,,irt -four ( '�) , and cna-hdlf
(112) thersof to the orncr of Lot No . Thirt;'-five (jj)
as the respective halvss adjoin said Lots , to t.h.e erd
that the o�vners of said lots sill each control and use
the sane up to a line dramn through the center of said
alley. That this Ordinance shall take effect and
be in force from and after its passae.
Fore approved:
D. 'N. Odell ,
Corporation Counsel .
I hereby berti 'v that the above and Pore going Ordinance was
duly presented and unanimously passed and adopted by the Board of
Commissioners of the City of Fort Worth,at a regular session of said
Board held Tuesday May $th$1917. /
City�Se a ry.
W.M.HURDLESTON, E.T.TYRA,MAYOR L.H.BLANKE,
COMMISSIONER 91'POLICE B FIRE - COMMISSIONER OF WATER WORKS
W.H.SMoITH, yJ C.F.CRABTREEO
M MISSION ER OF NER OF LIGHTS
R.G.LITTLEJOHN. J.S.
RAD LEY,
COMMISSIONER OF STREETS =--- - ASSESSOR B COLLECTOR
T.A.ALTAN
co Rv'o Rnr Ory courvsEL
M.P.HAc WOOD
JR.TARv
s ECRE g _
GEO.S.ADAMS, —
CITY AUDITOR
E.M.SCOTT,
_—.
SECRETARY WATER DEPT.
F.J.VON ZU BEN,
CITY ENGINEER
P.FLOYD MAB EN,
PURCHASING AGENT
H.O.GO SS ETT, --
MGR.EMPLOYMENT BUREAU
= CITY SECRETARY
FonT11®icTTIH,TF April 27tr.,1917
Commissioner Wiggins,
Bl cog, a.
Dear Sir:
I an handing you herewith for your information
all the records I am able to locate relative the closing of
Alley in Bloch 8 of J.A.L,eets Sub of Field Welch Addition,
When the attached papers have served your purpose,I
woVld thank you to return same for our files.
Yours re
t Tv
Cit y Secr ar; o
W.M.HURDLESTON, E.T.TYRA,MAYOR L.H. SLANKE, ,
COMMISSIONER OF POLICE S.FIRE COMMISSIONER OF WATER WORKS
W.H.SM ITH, _ _-- C.F.CRABTREE,
MI SSIONER OF FINANCE -_— _- GO MMISSIONER OF,LIGNTS
J.S.BRADLEY,
R.G.LIT COMMISSIONER OFSTR STREETS ASSESSOR&COLLECTOR
SSI --- --
RIOR T ON COUNSEL
ME-
M.P.HARWOO D•ORE TA Rv _ _ ;'a _ 1= - 1
GEO.S.ADAMS. - _ _ _ - -
CITY AUO TOR _ -
E.M.SCOTT, _ ....._
SECRETARY WATER DEPT.
F.J-VON ZU BEN, - � �
CITY ENGINEER - _ ---- -
P.FLOYD MABEN,
PURCHASING AGENT -
H.O.GOSSETT, - - - -
MGR-EMPLOYMENT BUREAU
-- GEO. S. ADAMS. CITY AUDITOR
H. A. LAWRENCE, Ass'T CITY AUDITOR
�oAT woRTg�Fl�`��s,.
April =, 1917
Mr. 11. A. La. e nce,
Uit;yF Sec ceta.ry,
Cit Hal1,
Dear Sir:-
In _mswer to your request rlel«tive to the J.
financial
transactions in connectionx with the closing, of nnn ley on So
Lake Street in 1915 tr..-ill sny that to-ere were t%ro r_1Is =rd-crec7
oi,,e/.g^inet lalrs Purl Macher for $4G .59 beinn number 1704 and
was paid June 17th. , mad the otiner a.E ainst T.Irs A C List for a
.ike amaount --nd vn:-, -,,—,ui.d in t�7o :nsta�_lr)ents t�12I3.00 on Jul
1915, and �21. 59 on Feb 24, 191.6.Tl�ebe bills S°rere 1739 & 40.
La.ter a decision was rendered by the courts and the
46.59 pn.i Cl by TLrs A C Li et ims refunded on A,tditor vouclaer
no 6606 in February 1917,
Trusting that this information rill be of v^,lue to
you, I remain,
Yours truly,
City Auditor.
ORDINANCE NO. 472.
An Ordinance authorizing the closing of an alley between lots
Z°b and 34 it Block 8 of J. A. Lee's Subdivision of Field 7elc.h
Addition to the City of Fort Worth.
Be it Ordained by the Board of COM-4 3si0ner8 of the City of
Fort Worth.
Section 1, That a 20 foot alley fronting on South Lake Street
in Block 1000, and lying between Lot 64 and lot 35 in Block 8 of
J. A. Lee's subdivision of Field—Welch Addition to the City of
Fort ?Worth, be and the same is hereby ordered closed and the
right to the use of said alley is hereby granted and vested one—half
to the o,.vner of Lot 34 and one half to the owner of Lot 35, so that
the owners of said property will each control and oTn up to line
drawn throu;h the center of said ,alley.
Thit this ordinance shall take effect and be in force from and
after its passage.
AFT-,_oved -,s to form,
T. A. Altman, Corporation CounBel.
State; of Texaa X
County of Tarrant X I, M. P. Harwood, Jr. , City Secretary of
the Cit7 Of Fort Worth, Texas, do hereby certify +�'nat the above
nd forcgaiI 0tk1k4 0$ is a true ,nd Come=(!c copy of Ordinance
No. 472, as the sane appears m:E record in Volume r at page 224,
:;nd that the original Ordinance is nur on file in my office.
Witness my hand and seal of the City of Fort 'North, Texas,
this $Qth day of April A. 10'10.
City Secretary, Ft Wort:,Tex.
i
x R W.M.HU RDLESTON, E.T.TYRA,MAYOR L.H.BLANKE, '
COMMISSIONER OF POLICE S,FIRE _ COMMISSIONER OF WATER WORKS
W.H,SMITH, __ _ _ C.F.CRABTREE,
COM MISSIPNER OF FINANCE __ COMM[CO MMISSIONEq O LIGHTS
R.G.L I TTL EJ OH N. - J.S.BRAD LEY,
C OM SSIO NEft OF STREETS _ ASSESSOR 6 co —TOR
T.A.ALTMAN,
CORPORATION CO UN 6EL
GEO.W.POLK,
AS ST.CORPORATION COUNSEL
CLAUDE Mc CALEB, - _ --
PROSECUTING ATTORNEY
IL e- AL Q E FARM M1 E KI j
FoRTAVorTH,Ti.�-ks,. August �03, 1915.
To The Board of Cor,unissioners
Of The City of Fort Worth,
Gentlemen:—
About BO days ago upon the petition of ten or
twelve property ovmerw, including all abutting olnmers,
presenter_ Honorable R. G. Littlejohn, Commissicner of
Streets, I drer an ordinance formally, closing what the
Street Commissioner termed , `'.nd saha.t I thought vas a.
dead alley, or passage extending West to Lake Street
from an alley ht'secting block 8 Leers subdivision
of the Field, T'elch Addition to the City of Fort Forth.
At the time this petition was presented no oY)osition .
was made and it appee:4from phyrsics.1 conditions that
no opposition could because the abutting; owners
to the pa•,seage closed h^.d signed the petition. Later,
however, Honorable J. Y. Chambers and others presented
to this body a petition strenuously objecting to the
action of the Board as herein stated.
4-t---7
In order that the canditionsnreadily appear,
I have attached hereto a sketch of that portion of the
x-R. o
W.M.HURDLESTON, E.T.TYRA,MAYOR_ L.H.BLANKE,
COMMISSIONER OF POLICE S FIRE - -
COMMISSIONER OF WATER WORKS
W.H.SMITH, - C.F,CRABTREE,
COMMISSIONER OF FINANCE _ -
_-H N' __ COMMISSIONER OF LIGHTS
R.G.LIT MM,LEJ SION __ -- _ J.S.BRADLEY,
COMMISSIONER OF STREETS -- -
_ ASSESSOR B COLLECTOR
POLK
PO RATION COUNSEL -
A53T.0 ORPORATION COUNSEL
CLAUDE MCCALEB, Elk
PROSECUTING ATTORNEY
- - L AL QE I-AR3TMIEtMIT
FORTMORTH, II-XAS,
An
it�•
I
block affected and which shows the location of the
property of those signing the -petition and also that
owned by those objecting. It will be noted that the
property of Judge Chambers and those signing the protest
are all on the East half of the block affected. Their
property fronts on Fifth Avenue and extends back 154 ft.
ha.s
to a)�all.ey which - / not been closed and extends from
Dashwood Street on the North to Rosedale on the South.
Judge Chambers owns lots 23 and 24 on the East 11a.lf
of said block, and it will be noted that these lots do
not abut on the passage or gray., the closing of which is
complained of. Neither does the prof erty of Prey of the
signers to the protest abut on the pn,ssage referred to.
On the West half of the block the owners of lot 34 and
35 both signed the petition to close this passage which
by reference to the sketch -).tta.ched hereto is a little
strip 20 feet aide and running West from the main alley
in the blockf 50ft. to Lake Streit. The plot of this
block shores that the .main alley, which I have referred
to 4s open between Dashtivrood Street and Rosedale, is
% R W.M.HURDLESTON, E.T.TYRA,MAYOR_ L.H.BLANKS, u
COMMISSIONER OF POLICE B FIRE - -
COMMISSIONER OF WATER WORHS
W.H.SM ITH, - C.F,CRABTREE,
COMMISSIONER OF FINANCE _ -- COMMISSIONER OF LIGHTS
R.G.LITTLEJ OH N,' J.S.BRAD LEY,
COMM SSIO NER FSTREETS -_ - ASSESSOR G,COLLECTOR
T.A,ALTcMAN,
ORATION COUNSEL
CEO.W.POORP LK,
A597.C6RPORATION COUNSEL
CLAUDE Mc CALEB,
PROSECUTING ATTORNEY — — - -- -
FoRT>jVORTH Tj.,xas,
10 ft. , but by actual measurement between fences
it is 12 ft. It will be observed therefore that in
cl6sing the pass-ray between lots 55 and 34, the signers
of the protes L h7, ve not been deprived of a, reasonable
a.nd convenient riccess to their property. And not being
abutting oy.ners on the ppssa`e in question which the
City has dosed or rather permitted to be closed, cannot
in the opinion of this Department force the opening
of the way in question.
It is true thet while the Charter of the
City of Fort Worth Puthorizes it to close streets,
and alleys, a:nd in fact gives it general power over
the streets, alleys and highways of the City, it must
do so with due regard to the rigrits of " e public r,nd
to the abutting, property, ovmerj;mho have purchn.sed
property with the belief that streets and alleys laid
out and plj ed in the block would be kept open. Property
owners on the East side of the main alley had a right
to expect, avid have a legal right to ienforee. the keeping
5 7!� 4z-t�
open of both T BtT e t on the East, a.nd the main alley
on the Vilest. The little pass^.ge or dead alley a.s it mi .,,ht
% R W.M.HURDLESTON, E.T.TYRA,MAYOR L.H.BLANKE, u.,....o
COMMISSIONER OF POLICE 9 FIRE COMMISSIONER OF WATER WORKS
W.H.SMITH, _ _ C.F.CRABTREE,
COMMISSIONER OF FINANCE - - - _ COMMISSIONER OF LIGHTS
R.G.LITTLEJOHN. -=- — - J.S.BRADLEY,
COMMISSIO NEq OF STREETS ASSESSOR B COLLECTOR
T.A.AL.!AN..
!aA. _ORATION COUNSEL
CEO.W,POLKT CO3
ASS0.PORATION COUNSEL
CLAUDE M.CALEB,
PROSECUTING ATTORNEY
I�F6�VL DERIAR3TKE1NT
ToxT 11r01P.T11,'NX-kS
#4
be called between lots 34 and 35 is not in the opinion
of this Depa,rtnent such xx a street, � alley or highway as
is contemplated by the authorities which lay down the
proposition that a City can not arbitrarily close a
street . or alley without at the same time serving some
public end. If the Board of Commissioners within
its discretion do not wish to repeal the ordinance
in question, it is the cpirion of this Der-a.rtment
that they may not be regpired so to do under the
authority of the ease of «ootters et -al Vs f The
City of Crockett/ 33 S. W. page 301.
Yours respectfully,
Corporation Cowisel .
TAA,/d
W.M.HU RD LESTON, E.T.TYRA,MAYOF2_____ L.H.BLANKE, - ,.. ..a
COMMISSIONER OF POLICE S.FIRE COMMISSIONER OF WATER WORKS
W.H.SMITH, - -- _ C.F.CRABTREE,
COMMISSIONER OP FINANCE - COMMISSIONER OF LIGHTS
R.G,LITTLEJOHN, -� -- J.S.BRADLEY,
C OMMISSIONER OF STREETS ---- -- COL- -- - - ASSESSOR b LECTOR
T.A.AL co RPo ATION C.—EL _ , Ti— `' - _- I �_ � 1
GEO.W.POLKR - _ �
ASST CORPORATION COUNSEL - _ - - _ - - _ -
CLAUDE Mc CALEB, _
PROSECUTING ATTORNEY
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Fort "7orth,Texas.
April 22nd 1917.
To the Honorable Board of City Commi3sioners,
Fort Vlorth,Texas.
Gentlemen:-
me,the undersigned citizens of Fort 7rorth,Texas, most
respectfully petition your Honors to order closed the following
described street or alleWly
h m �-d be�nescribr d s f lo:v ; i
�,� r s �u� a!U eZ � Q Pti. av✓
os especf� your _onors that ibe, proper Y.
while open to traffic constitutes a public nuisance,in this to-wit:
Large quantities of �,a- t6r collect and stnd thereon when it rains,
making the premises in and near said property unsightly,unhealthy
and unfit to occu_;y;that 'when dry,garbrage wagons use said premises
to haul dead bcdie s,refuse anr_ offense aria_ decade a.rtircles along
the same and in and near and in close proximity of the homes of the
adj3 ning property owners,thereby rendering said homes uncomfortable
and unhealthy on the account of the stench and odor caused thereby,
and thereby rendereirg said alley or short street a nuisance if same
is left open to the use of the public;that flies swarn upon said garabage
and refuse and come into the homes of the adjoining property owners,
thereby carrying disease- and exposing the families adjoining said
property ani near the Same unsanitary an:. unhealthy,whereby petitioners
ay and allege that the maintnance of said street or alley as aforesaid
is a nuisance ani ought to and should be olose� or discontinued ad
a highway.
Respectfully submitted,
CY
4 kt, re 7- 5/ 44
JY
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