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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