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ORD CC 04/09/74 - Street abandonmentORDINANCE No. 74- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DETERMINING THAT A NECESSITY EXISTS IN THE PUBLIC IN- TEREST FOR THE CLOSING AND ABANDONMENT OF CERTAIN PORTIONS OF CERTAIN CITY STREETS WITHIN THE CORPORATE LIMITS OF THE SAID CITY, AUTHORIZING THE CONVEYANCE OF THAT PORTION OF THE CITY STREET LYING WITHIN THE VACATED AND ABANDONED PROPERTY TO BE CONVEYED TO THE BOARD OF REGENTS OF SAM HOUSTON STATE UNIVERSITY FOR THE USE AND BENEFIT OF SAM HOUSTON STATE UNIVERSITY, AND OTHERWISE ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Huntsville has for several years monitored the growth of said City in accordance with the master plan for the development of the City of Huntsville and in connection therewith has cooperated from time to time with officials of Sam Houston State University, a public institution located within the corporate limits of the City of Huntsville, Texas, which institution has developed a master plan for the orderly growth of said State institution in a coordinating effort with the master plan for the development of the City of Huntsville; and WHEREAS, the respective master plans of the City of Huntsville and Sam Houston State University are designed to de- velop the University area within the limits of the City of Hunts- ville in a manner deemed in the best interest of the public as a whole, taking into consideration environmental, beautification, and other related factors, including the local traffic flow and control so as to protect the safety and well -being of the public in general, with the result that a determination has been made that 17th Street between Avenue H and Avenue I, Avenue I between 17th Street and 19 -1/2 Street, 19th Street between Avenue I and Avenue J and Avenue J between 17th Street and 20 th Street are all streets situated within the confines of Sam Houston State University complex, that said streets are traversed by unusually heavy pedestrian traffic which impedes the flow of through traffic and results in congestion and presents a present danger to the safety of the public and that by virtue of all the above, the public interest dictates a necessity for the closing, vacating and abandonment of said streets in the best interest of the public; and WHEREAS, the said City Council of the City of Huntsville, Texas, has further found that no private property owner will be ad- versely affected by the closing of such streets and that the said Sam Houston State University owns all lands abounding such streets to be closed with the exception of two parcels of land owned and utilized by University related organizations and for University related functions and purposes; and WHEREAS, the City Council of the City of Huntsville, Texas, in the interest of representative government has heretofore given notice that said City Council would hold a public hear- ing in connection with the proposed passage of an ordinance to close such streets, and such public hearing having been held and all opinions considered and the said City Council of the City of Huntsville, Texas, after considering all factors has determined that the public safety and welfare will best be served by the closing of such streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT THE FOLLOWING ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF PUBLIC STREETS WITH- IN THE CORPORATE LIMITS OF THE SAID CITY BE ENACTED AS FOLLOWS: Section 1. That 17th Street as it is presently used and traveled within the City limits of the City of Huntsville, Texas, from its intersection with Avenue H to its intersection with Avenue I be, and the same is hereby vacated, abandoned, and closed as a public street, effective upon the passage of this ordinance. Section 2. That Avenue I as it is presently used and traveled within the City limits of the City of Huntsville, Texas, from its intersection with 17th Street to its intersection with 19 -1/2 Street be, and the same is hereby vacated, abandoned, and closed as a public street, effective upon the passage of this ordinance. Section 3. That 19th Street as it is presently used and traveled within the City limits of the City of Huntsville, Texas, from its intersection with Avenue I to its intersection with Avenue J be, and the same is hereby vacated, abandoned, and closed as a public street, effective upon the passage of this ordinance. Section 4. That Avenue J as it is presently used and traveled within the City limits of the City of Huntsville, Texas, from its intersection with 17th Street to its intersection with 20 th Street be, and the same is hereby vacated, abandoned, and closed as a public street, effective upon the passage of this ordinance. Section 5. Be it further ordained by the said City Council that the Mpyor of the said City be, and he is hereby authorized to convey by Deed of Abandonment that portion of said City streets designated hereinabove with such Deed to that portion of such streets to be executed forthwith as the act and deed of said City, saving and excepting therefrom title to remain in said City of any water or sewer lines and the right of said City to require relocation of any such lines in the event any improvements are contemplated to be constructed over such existing lines, at the expense of Sam Houston State University, and further the right of ingress and egress by said City for the purpose of service to any such sewer or water lines. PASSED on first reading by vote of 7 FOR, AGAINST. PASSED on second reading by vote of FOR, AGAINST. D•!LARED PASSED AND EFFECTIVE this the day of ��2C� , 1974. SHA , City Secretary f'APPROVED AS Ta FO MARTIN D. COLLEY, City Attorney THE CITY �H_UNTSVILLE, TEXAS BY : 6� _ rr "_ ' Q' MORRIS I. WALLER, Mayor