Ordinance 182-26
Ordinance 182-26 vacate portion of Houston St to County
AN ORDINANCE OF THE TOWN OF ANDERSON, TEXAS, PROVIDING FOR THE ABANDONMENT, VACATION AND CONVEYING A PORTION OF A PUBLIC STREET KNOWN AS HOUSTON STREET IN THE TOWN OF ANDERSON, GRIMES COUNTY, TEXAS, AUTHORIZED BY THE TEXAS TRANSPORTATION CODE SECTIONS 311.001 AND 311.007; AS REQUESTED BY GRIMES COUNTY, TEXAS (“GRIMES COUNTY”); AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS NEEDED TO ACCOMPLISH SAID ABANDONMENT; CONTAINING A REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF.
WHEREAS, the Town of Anderson has exclusive control over and under public highways and streets, including authority to abandon and vacate public roads, pursuant to Sections 311.001 and 311.007 of the Texas Transportation Code; and
WHEREAS, Section 272.001(b) of the Texas Local Government Code authorizes conveyance of Town land owned in fee simple or used by easement to abutting property owners; and
WHEREAS, Grimes County (“Applicant”) has requested a partial section of Houston Street from West Buffington Avenue extending south 125 feet in length and 50 feet in width, which bisects the real property owned by Applicant be abandoned, vacated, and conveyed; and
WHEREAS, the Board of Alderman of the Town of Anderson (“Town Council”), acting pursuant to law, is of the opinion that the best interest and welfare of the public will be served by abandoning, vacating, and closing the segment of Houston Street that bisect Applicant’s property resulting in the vesting of the title in the abutting property owner(s), subject to the conditions, requirements and restrictions contained herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ANDERSON, TEXAS, that:
Section 1. Findings of Fact
The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein.
Section 2. Order of Street Vacation and Abandonment
- The Board of Alderman of the Town of Anderson hereby declares and orders that a portion of Houston Street, from West Buffington Avenue extending south 125 feet in length and 50 feet in width, and located in the Town of Anderson, Grimes County, Texas, shall be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public is concerned.
- That the abandonment, vacation and closure provided for herein is made and accepted.
- That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the Town of Anderson may legally and lawfully abandon, vacate and close.
- That the Mayor of the Town of Anderson is hereby authorized to execute and deliver a Certificate of Compliance to the abutting owner(s) upon completion of all conditions and requirements set forth in this Ordinance.
- The abandonment, vacation and closure shall be effective upon abutting owner(s) satisfying all conditions and requirements set forth in this Ordinance as evidenced by a Certificate of Completion executed by the Mayor.
Section 3. Repealer
To the extent reasonably possible, ordinances are to be read together in harmony. However, all ordinances, or parts thereof, that 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 regulated, herein.
Section 4. Severability
Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance.
Section 5. Codification
The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in the Town’s Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code.
Section 7. Effective Date
This Ordinance shall take effect immediately after its passage and publication according to law.
Section 8. Proper Notice & Meeting
It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code.
ADOPTED, PASSED AND APPROVED by the Town Council of the Town of Anderson, Texas, on the 19th day of February, 2026.
Signed: Kason Menges, Mayor
Attest: Cara McAlister, Town Clerk
