1970-015 NO ?o -/~
AN ORDINANCE VACATING AND ABANDONING AS PUBLIC STREETS A PORTION
OF CHESTNUT STREET LYING BETWEEN AVENUE A AND AVENUE C, A PORTION
OF SYCAMORE STREET LYING BETWEEN AVENUE B AND AVENUE C, AND A
PORTION OF AVENUE B LYING BETWEEN MULBERRY STREET AND MAPLE STREET,
SAID PORTIONS BEING FURTHER DESCRIBED THEREIN IN FULL, AFTER FIND-
ING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE
THEIR CONTINUED EXISTENCE AS PUBLIC STREETS, RETAINING UTILITY
RIGHTS THEREIN, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The City Council hereby finds and determines that the public
convenience and necessity no longer require the continued existence
of those certain portions of streets described below for general
street uses, and that the State of Texas, has a greater need there-
for, which street portions are described as follows
situated in the City of Denton, Texas, and being
i Chestnut Street from Avenue A to Avenue C,
2 Avenue B from Mulberry Street to Chestnut Street,
3 Avenue B from Highland Street to Maple Street,
Sycamore Street from Avenue B to Avenue C
And said described streets are hereby vacated and abandoned
in so far as any right, title or interest may be vested in the
public as a public street, but it is expressly made a part of this
ordinance that an all purpose utility and drainage easement is
retained by the City of Denton the same as if an easement were
granted therefore to the City by the State of Texas, and describ-
ing the exact tracts of land herein being vacated and abandoned
as public streets, with all rights of ingress, egress and regress
in, along, upon and across same being retained by the City of
Denton until such uses therein are abandoned and relocated
It is further provided that this ordinance is conditioned
upon the following, which shall be conditions subsequent to the
enactment hereof, but shall cause this ordinance to be null and
void upon any breach thereof, to wit
A North Texas State University shall retain all existing
on-street parking spaces until such time as additional
off-street parking facilities for 300 vehicles are con-
structed, since the instant street closure would other-
wise result in a loss of approximately 321 parking spaces
and would therefore worsen the existing parking conditions
in the University area
B North Texas State University shall consider, as part of
its Master Plan, the construction of centrally placed
multi-level parking garages within the campus area, or
the initiation of a shuttle bus system from the existing
parking areas around Fouts Field which would permit
utilization of the now unused off-street parking
SECTION II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances, is held invalid by any court of competent
Jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such Invalidlty
SECTION III
That this ordinance shall become effective from and after
the ~j~ day of July, 1970, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date
of its passage and approval
PASSED AND APPROVED this the 12th day of May, A D 1970
ATTEST jp
CITY OF DENTON, TEXAS
:P~RO~D AS.TO LEGAL FORM/
Y ATTORNEY,
Y OF DENTON, TEXAS