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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