ORD CC 05/10/77 - SHSU Board of RegentsORDINANCE NO. 77_5
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
DETERMINING THAT A NECESSITY EXISTS IN THE PUBLIC INTEREST FOR CLOSING
AND OTHERWISE TERMINATING THE RIGHT OF ACCESS OF THE GENERAL PUBLIC
IN AND TO CERTAIN STREETS IN SAID CITY AND OTHERWISE TRANSFERRING AND
ABANDONING UNTO THE BOARD OF REGENTS, TEXAS STATE UNIVERSITY SYSTEM,
FOR THE USE AND BENEFIT OF SAM HOUSTON STATE UNIVERSITY, THE INTEREST
OF THE CITY OF HUNTSVILLE IN AND TO SAID STREETS; PROVIDING THAT
MAINTENANCE OF SAME SHALL BE THE RESPONSIBILITY OF SAM HOUSTON STATE
UNIVERSITY; PROVIDING FURTHER THAT NOTWITHSTANDING THE ABANDONMENT
OF THE GENERAL PUBLIC'S RIGHT TO USE OF SAID STREETS THAT ANY PRIVATE
PROPERTY OWNER OR USER THEREOF SHALL NOT BE DENIED ACCESS IN AND TO ANY
SUCH STREET SITUATED IMMEDIATELY CONTIGUOUS TO ANY PRIVATE PROPERTY;
RESERVING UNTO THE CITY OF HUNTSVILLE ALL TITLE IN, AND TO ANY WATER OR
SANITARY SEWER LINE; PROVIDING FOR ACCESS FOR EMERGENCY VEHICLES AND
CONTAINING OTHER PROVISIONS INCIDENT THERETO.
WHEREAS,by Ordinance dated April 9, 1974, the City Council of
the City of Huntsville, Texas, determined that the master plan for the
development of the City of Huntsville and the master plan for the
development of Sam Houston State University were compatible with one
another and each provided for orderly growth in a manner consistent
with the general interest of the public at large; and,
WHEREAS, the City Council of the City of Huntsville further found
that the public interest would best be served by the closing of certain
streets as named in said Ordinance; and,
WHEREAS, it now appears that Sam Houston State University desires
to implement a portion of the master plan for said University and such
implementation requires additional legislation upon the part of the City
of Huntsville in relinquishing, terminating, and otherwise abandoning
extension of streets previously abandoned; and,
WHEREAS, after due notice a public hearing was had and held in the
Council Chambers of the City of Huntsville before said City Council on
the 26th day of April, 1977, at which hearing representatives of private
property owners affected by such proposed closing of streets appeared
and testified regarding such action. The City Council at the conclusion
of said public hearing determined, and hear now confirms, that the public
interest in general would best be served by terminating the interest of
the City of Huntsville, and the public in general, in and to certain
streets with provision for access by any and all private property owners
or their patrons whose property abounds upon or is contiguous to any
such street included in the termination of the public interest therein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Huntsville, Texas, that the following Ordinance transferring, vacating,
and otherwise abandoning unto the Board of Regents, Texas State University
System, for the use and benefit of Sam Houston State University, certain
streets located within the corporate limits of the City of Huntsville,
Texas, be as follows:
Section 1: The interest of the general public at large is hereby
terminated and abandoned for travel purposes over and across 17th Street
as presently used and traveled within the City Limits of the City of
Huntsville, Texas, from its intersection with University Avenue Easterly
to its intersection with Avenue J and jurisdiction for the maintenance,
repair, and upkeep of said Street as described shall be, hereafter, vested
with the Board of Regents, Texas State University System, for the use
and benefit of Sam Houston State University, subject to the rights of
property owners as set forth in Section 7 hereafter.
Section 2: The interest of the general public at large is hereby
terminated and abandoned for travel purposes over and across Avenue J.
as presently used and traveled within the City Limits of the City of
Huntsville, Texas, from its intersection with 16th Street Southerly to
its intersection with 17th .Street and jurisdiction for the maintenance,
repair, and upkeep of said Street as described shall be, hereafter, vested
with the Board of Regents, Texas State University System, for the use
and benefit of Sam Houston State University, subject to the rights of
property owners as set forth in Section 7 hereafter.
Section 3: The interest of the general public at large is hereby
terminated and abandoned for travel purposes over and across Avenue I
as presently used and traveled within the City Limits of the City of
Huntsville, Texas, from its intersection with 16th Street Sottherly for
a distance of 75 feet and jurisdiction for the maintenance, repair,
and upkeep of said street as described shall be, hereafter vested with
the Board of Regents, Texas State University System, for the use and
benefit of Sam Houston State University, subject to the rights of
property owners as set forth in Section 7 hereafter.
Section 4: That Avenue I as it is presently used and traveled
within the City limits of the City of Huntsville, Texas, being bounded
on all sides by property owned by Sam Houston State University from its
intersection with 19 1/2 Street Southerly to 20th Street and from a point
75 feet South of the intersection of said Avenue I with 16th Street,
Southerly to its intersection with 17th Street, should be, and the same
is hereby vacated, abandoned, and closed as a public street.
Section 5: There is reserved and excepted from any transfer or
abandonment of streets herein contained, the right and title of the City
of Huntsville in and to any water or sanitary sewer lines or mains and
the right of ingress and egress for the purposes of maintenance and
repair or replacement of said lines and mains.
Section 6: Be it further ordained by the City Council that should
expansion of Sam Houston State University require construction over or
upon any water or sanitary sewer line, title to which is retained by
this Ordinance in the City of Huntsville, so as to require relocation of
such lines, such relocation shall not be at the expense of the City of
Huntsville.
Section 7: The transfer and abandonment of the interest of the
general public in and to the streets as set forth in this Ordinance,
shall not in anywise be construed as authority to deny or restrict access
to any person or firm traveling in or upon such streets for the purpose
of going to or.from any parcel of private property located upon or
contiguous to any street or portion thereof closed or abandoned, or
transferred to Sam Houston State University by virtue of the terms of
this Ordinance.
Section 8: Access to areas served by any streets affected by the
within Ordinance, shall always be maintained for emergency vehicles.
PASSED /VOTED on first readimg by vote of Zp for Q
against.
PASSED ON SECOND READING by vote of for against.
DECLARED, PASSED AND EFFECTIVE this the k day of
1977.
ATTEST:
PROVED AS TO F
RTIN D. COLLEY CITY ATTORNEY
THE CITY OF HUNTSVILLE, TEXAS
BY: 2t121140--
MORRIS WALLS , MAYOR