22-S-24 -CLOSING AND ABANDONING TO THE ABUTTING PROPERTY OWNERS A PORTION OF AVIATION AVENUE RIGHT-OF-WAYORDINANCE NO. 22-R-24
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
CLOSING AND ABANDONING TO THE ABUTTING PROPERTY OWNERS A
PORTION OF AVIATION AVENUE RIGHT -OF -WAY APPROXIMATELY 918 FEET
EAST FROM FARM TO MARKET ROAD (FM) 1518 TO OAK STREET, A PORTION
OF MITCHELL AVENUE RIGHT -OF -WAY APPROXIMATELY 857 FEET EAST
FROM FM 1518 TO OAK STREET, AND APPROXIMATELY 806 FEET OF POPLAR
STREET RIGHT -OF -WAY NORTH OF AERO AVENUE EXTENDING 161 FEET
NORTH OF THE INTERSECTION OF AVIATION AVENUE AND POPLAR STREET;
ESTABLISH AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of Schertz, Texas, a home rule municipality, has established a public right -
of -way, Aviation Avenue, approximately 918 feet east from Farm to Market Road (FM) 1518 to
Oak Street, a portion of Mitchell Avenue Right -Of -Way approximately 857 feet east from FM
1518 to Oak Street, and approximately 806 feet of Poplar Street Right -of -way north of Aero
Avenue extending 161 feet north of the intersection of Aviation Avenue and Poplar Street;
described in the Exhibit A attached herein (herein after, the "Subject Area "); and
WHEREAS, The Subject Area is located entirely within the Aviation Heights Subdivision; and
WHEREAS, the Subject Area is abutted to the north by platted property as part of the Gesche
Subdivision and the Barvarian Village and to the south by platted right of way, more specifically
Aero Avenue; and
WHEREAS, pursuant to Section 311.007 of the Texas Transportation Code, a home -rule
municipality may vacate, abandon, or close a street or alley; and
WHEREAS, no detriment or hazard to the City of Schertz or its citizens has been found; and
WHEREAS, on June 7, 2022, a Public Hearing was held to allow members of the public to give
testimony, and comment, on the merits of the Subject Area abandonment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. That the recitals contain in the preamble hereto are hereby found to be true
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgement and findings of the Council.
Section 2. That the City Council finds that such closure and abandonment as requested
will cause no harm or injury to the City of Schertz or its citizens, said portion of right of way is
not needed for public purpose and it is in the public interest to abandon said portion of right of
way.
Section 3. That the Subject Area as depicted on Exhibit "A ", is hereby closed, abandoned
and vacated insofar as the right, title or easement of the public is concerned and shall only extend
to the public right, title and easement that the City may legally and lawfully abandon, subject to
the conditions of Section 4.
Section 4. That the Subject Area is abandoned to the abutting owners, as authorized by
Section 311.007 of the Texas Transportation Code and Section 272.001 (b)(2) of the Texas Local
Government Code condition upon the Subject Area being replatted into the property of the
abutting property owners within 12 months. The replat must not create any non - conforming lots.
Section 5. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 8. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 9. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Section 10. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 7' day of June, 2022.
PASSED, APPROVED AND ADOPTED on final reading the 14" day of June, 2022.
Ral xutie z, Mayor
ATTEST:
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enda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit "A"
Subject Property
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SCHHERTZ
SERVICE n
ENGINEERING DEPARTMENT
TT=
To: Emily Delgado, Senior Planner
From: Jennifer Shortess, P.E., Engineer
Date: June 2, 2022
Re: Recommendation for Abandonment of portions of Poplar Street, Aviation Avenue,
Mitchell Avenue and Aviation Heights Subdivision for Thulemeyer Park
The Aviation Heights Subdivision was platted in 1928, with the housing development project starting
in the 1950s and ending in the early 1960s (Schertz, Texas The Story of Great Ancestry, Legacy and
Development 2008). Aviation Heights was the first impactful housing development within the City of
Schertz. Portions of the Aviation Heights subdivision were granted to the City for two public parks,
Thulemeyer Park and Pickrell Park.
Although no official dedication documents exist in the creation of these parks, the area has been
utilized as a park for over 50 years. The City's Parks and Recreation Department have been working
to develop a park master plan for Thulemeyer Park, which will include additional parking,
improvements to bleacher seating, sidewalks, and drainage improvements.
Prior to pursuing construction of these improvements, the Parks and Recreation Department propose
abandonment of the following rights -of -way:
- Poplar Street north of Aero Avenue
- Aviation Avenue west of Oak Street
- Mitchell Avenue west of Oak Street
City staff supports the abandonment of portions of Aviation Heights rights -of -way in order to pursue
park improvements to Thulemeyer Park, which will help the Parks and Recreation Department
promote the quality of life to meet the future needs of Schertz's residents.