HomeMy WebLinkAbout04-22-1997
City Council
Agenda Packet
' April 22, 1997
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Agenda No.-
AGENDA r D/~
CITY OF DENTON CITY COUNCIL Agenda Ile
April 22, 1997 Date
Closed Meeting of the City of Denton City Council on Tuesday, April 22, 1997 at 5:15 p.m.
in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the
following items will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHTTO ADJOURN INTOCLOSED
MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY
PERMISSIBLE.
5:15 p.m.
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. PersoiuiellBoard Appointments Under TEX. GOVT CODE Sec. 551.074
Work Session of the City of Denton City Council on Tuesday, April 22, 1997 at 6:00 p.m. in
:rte City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the
following items will be considered:
NOTE: A Work Session is u ed to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At ^ work session, the City Council generally
receives inforral and preliminary reports and informztion from City staff, officials, members
of City committees, and the individual or organization proposing council action, if invited by
City Council or City Manager to participate in the session. Patticipation by individuals and ,
members of organizations invited to speak ceases when the Mayor announces the session is being
closed to public input. Although Work Sessions are public meetings, and citizens have a legal
\ right to attend, they are not public hearings, so citizens are not allowed to participate in the
i session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior
to the beginning of the session, a written report regarding the citizen's opinion on the matter
O being explored. Should the Council direct the matter be placed on a regular meeting agenda,
the staff will generally prepare a final report defining the proposed action, which will be made r
available to all citizens prior to the regular meeting at which citizen input is sought. The
purpose of this procedure is to allow citizens attending the regular meeting the opportunity to
hear the views of their fellow citizens without having to attend two meetings.
• 6:00 p.m.
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J 1. Receive a quarterly briefing from and hold a discussion with the City of Denton's
representatives to the TMPA Board.
2. Receive recommendations from and hold a discussion with the Oversight Committee and
give staff direction.
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City of Denton City Council Agenda
April 22, 1997
Page 2
3. Receive a report, hold a discussion and give staff direction regarding the placement of
newspaper vending racks in City right-of-u ay.
4. Receive a report, hold a discussion and give staff direction regarding a briefing on the
Police Department's SAFE Team.
5. Receive a report, hold a discussion and give staff direction regarding off-premise signs
along highway entrances.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of
the City of Denton, Texas, on the day of , 1997 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS 1S ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE
OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FORTHE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT
A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCO037C
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Agenda No. r 0/(0
Agenda
Item
Dale-
CITY of DENTON# TE VAS MUNIOPAL BU1LDlNG ~ DENTON, TEXAS 76201 # TELEPHONE (817) 566.8307
Office of the Cdy Manager
NIEPORANDUAI
DATE: April 22, 1997
T0. Honorable Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: RECOMMENDATIONS FROM THE OVERSIGHT COMMITTEE
Attached is the back-up which was presented to the Oversight Committee on April 7th. The
Committee !oured the Robertson Street drainage project, held a lengthy discussion and
recommended the funding scenario that was presented by staff. That scenario included using
existing funds for Robertson Street as well as the Scott Street money that was not allocated to
the sidewalk project. The Committee also endorsed the recommendation of the Community
Development Advisory Committee for additional funding for crossings at Iakey Street and
Bradshaw Street. Also, they recommended moving up the bonds in both years four and five
for this very same channel. The available funding is approximately $2,000,000 (see backup),
there is almost $2,400,000 worth of funding needs. The Committee's recommendation was to
use one time money from this year's budget process to fund the remaining shortfall.
9 The Committee also recommended that Engineering start immediately, if the Council agrees with
this scenario, The Committee felt that Engineering would be used sooner or later. That is, if
the Council agreed with this project, it could be used a.c soon as this fall. If the Council did not
agree with the C%crsight Committee's recommendation, then this engineering would be used in
the fourth and fifth year of the CIP program for channel work and/or crossing work at Bradshaw
and Lakey if the CDBG funds were approved.
The Committee also recommended using surp!us funds for a couple of other areas. They h • 0
recommended shifting surplus street and drainage money to the U.S. 77 Project per the '91
Committee's recommendation. They also recommended using approximately $22,000 of surplus
sidewalk money for the sidewalk improvements at Elm and Hickory (the Sherman Building) and
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"Dedicated to Quality Sen ice"
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Memo to Mayor and Council Members
` April 22, 1997
Page 2
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they also recommended using approximately $27,000 signal and turn lane money to help fund
additional requirements of TXDOT for the continuous left turn lane between lOOF and Avenue
A. They also suggested that the rest of the surplus sidewalk and signal/turn lane monies be set
aside in appropriate accounts for either of these two kinds of projects for future use, Finally,
they also reallocated approximately $30,000 to help completely rebuild the Railroad Avenue area
(Railroad Avenue, Kent, Banner and Uland). Staff believes we can pave the areas that need
reconstruction on Mingo and Paisley and still have enough "surplus" funds to facilitate the
complete rebuilding of this area.
1 will be happy to try and answer any questions Council might have at your convenience.
Rick Svehla
Deputy City Manager
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CITY OF DENTON, TEXAS CITY HALL WEST 221N. Elf + DENTON, TEXAS 76201 a (617) 66 4M a 0FW6tE780 434.2529
Planning and Development Department
MEMORANDUM
DATE: April 2, 1997
TO: Oversight Committee Members
FROM: Rick Svehla, Deputy City Manager
SUBJECT: BACKUP FOR APRIL T" bIEETIhlG
In February of this year, we had our second briefing with Council about the Robertson Street
underpass. At that time wn were looking at ways to enlarge the culvert under Robertson Street
to carry all of the water rather than just a part of it 3s the committee had recommended. The
Council directed us to bring this issue back to you because they wanted to be able to carry all
of the storm water in the culvert and yet, maintain the existing clearance at the Robertson Street
underpass to facilitate fire and EMS services.
As we discussed with Council, the way to do that is to lower the proposed culvert which would
allow us to maintain the underpass height and still pasb the major storms. I have included a
couple of attachments. The first of these is a example, or conceptual idea, of where the culvert
would be constructed (Exhibit 1). The second piece of paper is a schematic of the channel
bottom elevations (Exhibit 2). There are major drops at Bradshaw and just upstream from
Skinner. If we lower, or smooth out, those "humps", we would be able to lower to entire
• channel and thus; would be able to meet the capacity requirements and underpass height
requirements, In order to do this, we must do channel work. The other problem that arises is
that if we pass a major amount of water at Robertson and the railroad tracks, then we will be
sending larger quantities of water downstream. If this is done, then staff had to look at the other
obstacles along this stretch of channel.
• The four that come immediately to mind are the crossings at Bradshaw, Lake), and Skinner and t) O
enlarging the channel to carry this larger amount of water. The third sheet in your packet
(Exhibit 3) is the time line and a listing of costs and funding if we began to look at making the
ultimate solutions for this whole length of the channel. In the time line, you will see a heading
at the left called "prior funding". That is your original funding of 3200,000, your 5100,000 of
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"Pedleated to Quality Grwce"
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Oversight Committee Members
April 2, 1997
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Good Samaritan drainage money, and the $200,000 of utility funding that is available to help
us build the culvert and make the crossing at Robertson. In addition to this, in January Council
allocated a portion of the Scott Street money, some $110,000, and then in mid-February the
Community Development Advisory Committee recommended additional funding for the Lakey
Street crossing and the Bradshaw Street crossing, making $340,00 available. Finally, the last
thing that we have been looking at is bonds. In the 1998-99 time frame you have $266,000 for
channel work downstream from Bradshaw and in the 1999-2000 you have $1,000,000 for
channel work on PEC4, which is this channel. If you look further down that page, you will find
some columns. The first of these is called "Funding% It simply adds up all of the funding on
the time line. The 3500,010 from prior funding, the $110.000 from Scott Street, the $340,000
recommended from the Community Development Block Grant money, and the $1,000,000 and
the $266,G30 from the boni i for the channel work for a total of $2,216,000. That's the good
news. k
The not so good news is the cost. We just received bids on the Kerley Street crossing for about
$150,000 so we think the crossings at Skinner, Lakey and Bradshaw would begin at those
funding levels and increase a little bit as we go downstream. That's the $150,000, $155,000
and $160,000 for Skinr :r, Lakey and Bradshaw. Robertson has been relooked. We have had
to narrow up the crown span, make it deeper and add some extras to it making our estimate on
Robertson now $600,000 and then we are estimating a lean $1,000,000 for channel work,
making the total cost of the project $2,065,000, We will then have to add engineering to the
project which makes the total $2,246,000, or $30,000 short of funding levels.
The final column on the right shows that we need $235,000 for contingencies, and $165,000
worth of what we call bond move up costs. The bond move up costs are actually one time in
nature because you already have the debt service for them in your bond program for repayment
and thus, the debt service is already programmed. The only debt service that is not programmed
is moving these two issues up or selling them early. So we must have funds to pay this early
1 debt service (i.e., to year for the $266,000 and 1'A years for the $1,000,000). We will be able
to show you that a little bit easier at the meeting, but in essence it will cost us $165,000 to move
those bonds up (Exhibit 4, hand out).
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If the Committee decides that this is a good project and that our costs are accurate, then the staff r
would recommend that we move these bonds up and sell early, recommend community
development advisory's recommendation on Lakey and Bradshaw and, finally, use $400,000 of
one time operating funds to gather all of the funding that we would need for this project. One
last footnote on the bottom of this page is the cost for the Ruddell Street crossing which is
0 downstream from where the PEC4 channel enters the main channel of Pecan Creek. We think p
we should bid this as an alternative because this would ultimately be the long term solution and
J if we have any available funds we could use them for the crossing.
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April 2, 199'
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As we mentioned, if the Committee thinks this is a good project and recommends approval, the
last of the funding sources would happen about October I (i.e., moving up the bonds). We
would not be able to move them up before that because we would not be able to get our one
time operating funds before October I of this year. Thus the project in its entirety could not
start until then, f{owever, you do have $300,000 of Good Samaritan money and original
funding for Robertson Street on hand now. I mentioned earlier that the engineering costs were
$181,000. We have been talking to a consultant about these costs and those are good, firm
numbers. You could recommend to Council that the engineering be started early. The good
things about that are the funds are available and if this is done sooner, we could do the project
sooner. Even if the Council does not take your recommendations, the $1,000,000 and the
$266,000 will ultimately be used and these designs will be used for those improvements.
Therefore, we would recommend doing the design early.
Some of the other major activities that we have to talk about are connected to the April 151 bond
save. You have already chosen the miscellaneous drainage projects at your last meeting.
However, we have miscellaneous street work that we must begin to consider and we also have
sidewalks that you must recommend. Jerry has included a memo covering each of these areas,
and we would like to visit with you about those. Finally, we will have at least one issue which
srdf considers to be an economic development issue for you, and we would like to talk to you
further about it at the meeting.
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Another issue we wanted to talk to you about involved old money issues. Jerry has also
included a memo discussing funds that were not used from previous issues. Those are street
projects, signal and turn lane projects, and sidewalk projects that should be dealt with also. I
have included as part of the backup information we gave to Council back in September, 1995
(Exhibit 5). At that meeting, Roberta Donsbach made the final '91 Committee presentation to
the City Council. On page 3, item #G, the '91 Committee suggested that any additional street
and drainage money be used for U.S. Highway 77. As indicated in Jerry's memo, we do have
some unspent money from streets projects. We also have about $37,000 left from the Opticom
Signal Project. We suggest that $27,000 of that money be used for additional signal and turn
lane costs associated with the Congestion Mitigation/Air Quality (CMAQ) Project on Eagle. The
• costs have changed because TxDot is now including more charges for the reviews and we need
to spend more money on some additional design work. They are still agreeing to pay for the
majority of the projects so it's still a good deal (82% vs. l8%). The other area where we have
some extra money left is from the Willowwood sidewalk project. We suggest using some of this
for some of the downtown improvements that you have morkay set aside for in the 'out" years.
There is over $400,0)0 set aside for the downtown square improvements, but it is out in the
• later years. Currently, the Sherman building is being built and we are trying to make 4, • •
improvements downtown that would set the stage for the rest of the square. Several of you have
been involved in this project through the Vision process. Even as we speak, Margaret's
subcommittee is working on "public improvements" for Hickory Street and the rest of the
square, so we suggest using a part of this remaining sidewalk money ($22,000) for the sidewalks
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April 2, 1997
Page 4
and planters on the square at the Sherman building. We know normally that you,,vould like to
consider this at one meeting and then vote on it at the next. However, since this is old money,
and we are using it for and at the direction of the '91 Committee, for "like" projects, and you've
considered and acted on "old money" at the same meeting in the past, we ;rave included both
consideration and action on these items.
Finally, we would like to suggest a strategy for repaving Railroad Avenue, Uland, Banner and
Kent streets. These streets are very close to Mingo and Paisley Streets. With last year's
miscellaneous street money and prior funds (old money from the 91 committee) for Mingo Road
and Mingo at Nottingham turn lane money, we think we will have enough money to finish these
other small streets. We would still pave all of Mingo from Frame to Nottingham and all of the
portions of Paisley that require -rebuilding. We would then use the remaining money in
conjunction with CDBO money to provide the ultimate street solution to the small Railroad
Avenue area (Exhibit 6). Therefore, we would recommend this also.
We look forward to seeing you on the 7th. Just a reminder we are scheduled to start at 10:00
a.m. because we wanted to give you a tour of the projects that are already under way from the
first year. We will meet at City Hall at 10:00 a.m.
If you have any questions on any of this information, please give me at call at your convenience.
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Rick Svehla
Deputy City Manager
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FIGURE W-15. 100-Year Floodpbin
Proft Comparison (PEC4)
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Prior Funding CDAC Recommeadation (Council Approves in Budget)
$100,009 Good Sam. $123,651 Lakey + 53,349 (CDBO '96 Fuodiog)
$200,000 Org. Fund 160.000 Bradshaw
$200,000 Utilities $340,000 Move Bonds
Scou St. $1,000,000 (99-00 Pec 4)
$110,000 266,000 (98-99 Pecan Ck.)
{ 1 { 1997 1
Jan Feb Mar Apr May Juo Jul Aug Sep Oct
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BUDGET
SborttWI from
Fuading Cost Operatlag Funds
(*as time money)
$ 300,000 $ 150,000 Skinner
110,000 155,000 Lakey $ 165,000 Bond Move Up
34(1,000 160,000 Bradshaw 235.000 Coodagexy
1,000,000 600,000 Robertson $ 400,000
• 266.000 1,000 44 Chsnad
$2,216,000 $2,065,000
181.000 Eogitwering
$2,246,000
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Ruddell $315,000 Bid as Alterame 's
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EXHIBIT 1
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EXHIBIT 5~_ fv
CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (817) 566-8J07
Office 01, the City &tanager
MEMORANDUM
TOi Lloyd V. Harrell, City Manager
FROM, Rick Svehla, Deputy City Manager
DATE, September 7, 1995
SUBJECT, '91 Committee Recommendations
Attached is the back up that we used for the 191 Committee meeting
on Thursday at noon. The meeting was very successful as always.
What a attempted to do is to bring to a close the duties of this
191 .:ommittee. Council may recall that the duties of this
committee were to monitor the projects and the bond funds, make
sure that all of the projects were built, and that all of the bond
funds were used appropriately.
As you can see from the back up, the '91 Committee did an excellent
job of doing that. We will plan to have the current Chairman, Ms.
Roberta Donsbach, at the meeting Tuesday night to give the final
report. In that report, I am sure she will itemize the following
n+ajor points:
1. 1985 Issue:
All of the projects listed in the attached back up have been
completed with the exception of two. Those are Locust and Elm
Street. These projects were not built since TXDOT rebuilt
these two roads immediately after the 1965 election.
Subsequent to that, Council made the decision to use this
money as our match to the U.S. 77 project. As Council may r
recall, that project was submitted to us by TXDOT in late
1987. Council approved that in early 1988.
2. 1986 Issue O f
All of these projects have been built with the exception of
three items. The first of these is the Southridge Drainage.
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ce1dal!ern 191 Committee Recommendations
September 7, 1995
Page 2
That project is currently underway and is expected to be
finished within the next three to four months. Second,
Council may recall that there was originally three rec centers
in the bond issue. The first of those, MLK, was built.
Before the second and third centers were built, the Parks &
Recreation Board, as well as the Council, held public
hearings. The 191 committee subsequently recommended to
Council that the other two rec centers not be built. Instead,
new parks should be acquired and more improvements should be
made in the parks, and the rest of the bonds should not be
sold. Subsequently, South Lakes Park was acquired and is
being developed. There is also a park in the northeast part
of the community that will be acquired in the near future
(money has teen set aside). Finally, $1.4 million worth of
bonds have not been sold and were recommended not to be sold
by the '91 Committee.
The third area concerns the highway projects. Teasley Lane is
being built and will be finished shortly. U.S. 77 (Fort Werth
Drivel from I-35 to F.M. 1830 was dropped of TXDOT funded
projects. However, we were able to solicit funds and to use
our own bonds to rebuild Fort Worth Drive from Collins Street
to I-35. TXDOT will also rebuild the two overpasses at I-35
to accommodate a six-lane structure. That is currently in the
final stages of design. U.S. 380 is in the right-of-way
acquisition stage. The scope of this project has expanded
from a six-lane facility from Elm Street to Loop 288 to a six-
lane facility from I-35 to U.S. 377 on the east side Lake
Lewisville. The 191 Committee also recommends that any unused
funds from the 163 or 186 i-.:ue be used to pay off debt when
all of the right-of-way contracts and costs for U.S. 380 from
TXDOT have been met. Finally, through the new legislation
governing TXDOT, funding for Loop 288 is not available from
TXDOT at this point. However, staff continues to work on this
project and believes that it will be able to get it fitted {
into TXDOT's new funding structure within the next ten years.
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All of the 1986 street bond money has been sold, allocated or spent
with the exception of $750,0000. That money could be available if
council authorized use of that in the future. However, the 191
Committee has no recommendation at this point.
The last information included in your backup is a list of almost
• $4.3 million worth of extra projects that the 191 Committee has
recommended to Councils over the last ten years, and Council has •
subsequently approved. Those projects include projects that are
still to be built either totally by local contractors or through
TXDOT funding with local match scenarios. With this list, the 191
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'91 Committee Recommendations '
September 7, 1995
Page 3
Committee has established an envious record foz any subsequent
groups tha': will be charged with these responsibilities.
The Committee's final recommendations to Council include the
following uses for the last remaining interest money or any money
that will accrue after that:
A. They recommended approximately $87,000 be used as our
match to the Rails-to-Trails project. Currently, there
is approximately $82,000 of unallocated interest in the
park bonds. There will be sufficient funds to meet our
needs since TXDOT's schedule requires the payments over
time.
a. They recommended 'allocating approximately $50,000 -
$60,000 worth of engineering design cost to be charged
for the CMAQ (Congestion Mitigation/Air Quality)
projects. As you all know, these projects are connected
with the non-attainment area that Denton is in. They are
match monies for State projects and will allow our
Engineering Department to charge out their time to these
projects.
C. They recommended a $60,000 match for a drainage study to
be done by the State for Pecan creek through the downtown
area. The Committee thought this was a good project and
a good way to again use other State money to leverage our
own.
D. They also recommended $12,000 to be used as our match for
a raised median to be built on Loop 288 from Colorado
Boulevard to I-35.• Currently, these turn lanes are just
painted on the pavement. TXDOT will channelize the
traffic in better fashion with this raised median.
E. They also suggested using interest money to help in the
incidental costs of right-of-way acquisition along Loop
288 near the Walmart development. They thought it wac
appropriate to use money in this corridor to facilitate
traffic movements along and across Loop 288 in this area.
F. They also suggested that any other money that accrued
from the park bonds be used for playground equipment or
other improvements in existing parks.
0 They suggested that any other interest money that accrued •
in the streets and drainage areas be used to help fund
the U.S. 77 project.
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ia:iCa'tem~s '91 Committee Recommendations
September 7, 1995
Page 4
As mentioned earlier, Ms. Donsbach and I will be at the meeting on
Tuesday night to answer any other questions that the Council might
have. We look forward to congratulating this group of individuair
for their long and successful tenure on the 191 Committee.
Rick Sve la
Deputy City Manager
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3 E. PRAIRIE P°
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MEMO
To: Rick Svehla, Deputy City Manager a
From: Jerry Clark, Director of Engineering and Transportation
Subject: April 7, 1997, Oversight Committee Meeting
Date: April 3, 1997
There are several items that we would the Oversight Committee to consider this meeting, This
memo will address the issues of street construction, sidewalks, turn lanes, etc, that will allow
work to progress on current projects. Several of these projects are part of the CMAQ program
and involve TXDOT and the North Texas Council of Governments.
1. Street Reconstruction. This area has a budget of $400,00. The estimated full
allocation of $222,500 is recommended for the Rancho Del Lago secondard arterial right
of way. That leaves a balance of S 177,500. Based on the speed that the development will
occur a payment of $100,000 this year is more likely. The following streets are
recommended for reconstruction using those funds.
A. Panhandle Bonnie Brae Ponder S 90,000
B. Fulton Panhandle Bridge US 360 S 75
$165,000
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C. Linden(option) Bonnie Bree Fulton $200,000 Full Cost
May select portion of work(ie $135,000) S135.000
Total $300,000
Staff would recommend partial funding of Linden at the $135,000 level and funding for all of
Fulton and Panhandle..
2. Sidewalks and Bikeways. The available finds is this category are S142,00.We are
providing a map showing the old requests and the original rating sheets. The map will also
contain all the requests for sidewalks since the bond election was approved by the voter
• including the recent P&Z hearing on March 26,1997. At the meeting, we will provide a
new rating of the sidewalks usir f, one category in a slightly different .manner with the
pedestrian traffic being used instead of the vehicle traffic since most of the candidate roads
would probablyjustify checking the vehicular traffic category. The following projects are
sidewalks that we feel that you should consider for the miscellaneous category. The
bikeway system is not being given priority consideration since the plan has not been
O adopted,. I
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A Project 4: Dallas Drive from Eagle to Teasley. Cost =$50,000
B. Project 1: Bell Avenue from Windsor to Sherman Cost=550,000
C. Project 26: Bernard from ifickory to Eagle. Cost=$40,000 plus walls
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Rick Svehla
Page 2
April 3, 1997
Staff would recommend these 3 projects for the S142,000 with the understanding that some
finaling out of the cost estimates needs to be done on the final selections by the Oversight
Committee.
3. Old Bond Accounts. There are three categories of projects that ali the remainders of
the old bond accounts are recomeded to be finaled out inio.Those are Streets, Signal &
Turn Lanes, and Sidewalks.
A. Streets Account# Balance
College and Second 446.9603 $35,680
Fire Station 2 Drive 444-9520 S 2,551
Azalea Repave 446-9256 $ 382
$38,631
B. Sidewalks
Willowwood 446-9277 560,479
Sidewalks for Fire Station 440-9536 S 2,025
Sidewalks 444.8911 S 3,137
Locust Sidewalk 441.9516 S- 887
$65,641
C. Traffic Signals and Turn Lanes
Traffic System Square 441-8910 $ 221
Shady Oaks Signal 446.9266 S 751
Lillian Miller/SV Turn Lanes 446-9266 S 1,623 -
Opticom 446-9405 11un 1
$39,884
Staff would recommend that each of these categories would be established to provide funding
• sources. These would be allocated by the Oversight Committee and City Council for projects in
those specific areis. The designation at this time for the street money vmuld be towards the US
77 project currently being developed by TXDOT.
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Agenda No-91-0/6
Agenda Ite __-Date ;7
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OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Herbert L. Prouty, City Attorney
SUBJECT: Newspaper Stand Regulation
DATE: April 18, 1997
FACTS:
The Dallas Aforning Arexs has increased its number of newsracks in Denton. The Denton Rec-
ord-Chronicle publisher, Bill Patterson, has expressed that, due to This increase in newspaper
racks by the Dallas Morning News, the Denton Record-Chronicle may also increase their news-
racks to compete with the Dallas Aforning News. One Denton resident has recently complained
about the increased number of racks, citing aesthetic concerns as a result of placement of racks in
his neighborhood. He also has verbally complained about some of the racks blocking handi-
capped access ramps and creating other safety concerns. The Mayor's office and Councilmem-
ber Durrance requested that the City Attorney's office provide background information on this
issue, as well as a legal opinion on the First Amendment implications of a newsstand ordinance,
A copy of a City Attorney's opinion on the First Amendment implications by Assistant City At-
torney Cindy Henry is attached to your status report.
APPLICABLE CODE PROVISION'S:
In 1996, the City Code contained §21.10, which prohibited any person from selling goods from
any stand or on any public street or sidewalk or to obstruct a street or sidewalk without the
Council's permission. The current City Code became effective on June 1, 1991, and the prior
relevant Code section was repealed. §25-6 of the current Code most closely resembles the prior
e law, §25-6 requires a permit for selling or vending on streets or sidewalks to be issued by the
City Secretary. However, the City has never utilized this section of the City Code to regulate
newsracks. Our research of the minutes of various Council meetings reveals that the last time r
that the Council authorized a newspaper to place newspaper racks on city sidewalks was in 1983,
when a wholesaler from USA Today appeared before the Council under the old ordinance and the
Council granted permission to place the newsracks. Since that time, there have been a few in-
0 quiries by councilmembers regarding the regulation of the placement of newspaper stands, and a
few complaints by citizens regarding placement. However, the City Attorney's office has been O
reluctant to recommend a newspaper stand ordinance because of First Amendment concerns.
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Honorable Mayor and Members of the City Council
April 18, 1997
Page 2
REGULATION OPTIONS:
1. Regulation Under F25-6: Although under §25.6 of the City Code the placement of news-
paper racks could be regulated by a permit issued by the City Secretary who is authorized to is-
sue permits for certain sales or tending from and upon public streets or sidewalks, the City has
never utilized this section to regulate newspaper racks. Accordingly, the placement of newspa-
per racks is essential[) non-regulated. One option for the Council is to regulate the vending of
newspapers through newspaper racks under §25-6 of the City Code and to require all newspaper
companies with racks to obtain a permit from the City Secretary under §25-6 of the City Code
within a certain length of time, such as thirty days. A copy of §25-6 of the City Code, along with
the basic characteristics of the provision are attached. The benefit of such a provision is that it is
already in place and easier to administer than some of the more intrusive permitting provisions of
newspaper rack ordinances and it has limited First Amendment implications. However, this sec.
tion would still involve administrative activities and enforcement costs. (See Pros and Cons of
Right-of-Way Ordinance attached,) Finally, §25-6 is a very general permit scheme, applicable
not only to the selling of newspapers, but to food vending and many other street and sidewalk
vending activities. The ordinance contains very few, of the provisions common in newspaper
stand ordinances, and it may no, be as effective to control placement of newspaper racks as a
more specific ordinance.
2. Regulations Under News2aper Stand Ordinance: Another option is to enact a newspaper
stand ordinance. The greatest benefit of the newspaper stand ordinance is that it is specific and
probably more effective in preventing interference with pedestrian and driver safety, the flow of
pedestrian or vehicular traffic, interference with the entrance or egress from a residence or place
of business, interference with maintenance of poles, posts, and other City property, the preven-
tion of visual blight, excessive space allocation, interference with the value of surrounding prop-
erty, and avoiding unnecessary exposure of the public to personal injury or property damage re-
sulting from placements than the right-of-way ordinance procedure. However, a newspaper
stand ordinance must be tailored very carefully to prevent violations of First Amendment rights.
All sidewalks, streets, and other City rights-of-way are considered public forums, and the sate of
newspapers involves the freedom of speech.
• We have reviewed newspaper stand ordinances from the Cities of Fort Worth, Farmers Branch,
Mesquite, Flower Mound, and Highland Village. If the Council decides to enact a newspaper r
stand ordinance, we would recommend the ordinance that Flower Mound enacted in 1993 when
the Dallas Morning N" s started placing newsstands in odd locations there. The Flower Mound
ordinance was enacted after a discussion with the Dallas Aforning News' attorneys. Changes
were made in the original ordinance that satisfied their concerns. Since its enactment in 1993,
• neither the Dallas Morning Nevis nor any other newspaper has challenged the provision. The O O
Flower Mound ordinance also imposes a much less complicated regulatory scheme than some of
J the other ordinances. It would not involve as much administration and record-keeping, The
Flower Mound ordinance does not have a licensing or permitting scheme, but enforces the
placement of racks through a notice of non-compliance and the filing of a complaint in Munici.
pal Court if compliance is not achieved within the time indicated in the notice. Under this type
of re, nation, enforcement would be more effectively achieved through action by the Building
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Honorable Mayor and Members of the City Council
April 18, 1997
Page 3
Inspection and Code Enforcement staff. We believe the costs of enforcement and administration
would be minimal, so a license or permit fee to defer administrative or enforcement costs is not
recommended at this time. Any licensing or permitting scheme could also have more impact on
First Amendment freedoms. Accordingly, if the Council chooses this option, the City Manager
would monitor the ordinance for six months and, in the event enforcement activity was heavier
or more costly than anticipated, recommend to the Council some sort of licensing or permitting
fee to defer costs. If the Flower Mound ordinance is enacted, it will not grandfather existing
newspaper stands and, depending on Council's direction, all newspapers having stands in the
public right-of-way will have to comply with the ordinance within a certain period of time, say
ten to thirty days from the effective date.
3. Status Ouo: No Regulation: The final option is to do nothing and maintain the current
status quo, This, in effect, amounts to no regulation. If the Council perceives that the placement
of newspaper stands within the city of Denton is not imposing significant public safety or aes-
thetic problems, is not unreasonably interfering with the ingress and egress from residences and
places of business, and is not detracting from property values, there is probably no mason to
charge the current non-regulated status. This approach may be indicated by the face that the
Council has had very few complaints concerning newspaper racks in the past. This approach
would recognize that that even though the Council could regulate the placement of newspaper
stands under the permitting system set forth under §25-6 of the City Code, it chooses not to do
so. We have not attempted to regu?ate the placement of newspaper racks under §25-6 since it was
enacted in 1991, which may indicate that either the Council did not intend to regulate the place-
ment of newspaper stands under §25-6, or that the placement of newspaper racks has not created
significant public safety, access, or aesthetic problems.
RECOMMENDATION:
If the Council deems that the placement of newsstands is creating public safety, aesthetic, and
other problems, the better alternative is to adopt a newspaper stand ordinance like the Flower
Mound ordinance, The Flower Mound ordinance omits the permit scheme, which would be th•
scheme under §25-6 of the current City Code, as well as all of the record-keeping and admini-
stration that a permit scheme involves. The ordinance would give the City more control over
newspaper location than is possible with the current right-of-way regulation. It does not, how-
ever, have a provision for controlling size, color, or appearance of the racks, which might be
necessary in the event there are significant aesthetic concerns, nor does it impose any licensing
or permit fce to defer administrative or enforcement costs. The City Manager would monitor the
en°orcement of the ordinance during the first six months and could recommend the imposition of
such a licensing or permitting fee if enforcement activity or administrative costs are more sig-
nificant than anticipated. Attached to this memo are various exhibits showing the current and •
previous City Code provisions, a February, 1997 letter to the Mayor from a concerned citizen
about newspaper racks, intersection visibility requirements from current Code §18-197, the
Flower Mound o~dinaace, and the pros and cons of each option.
City staff requests your direction with regard to the regulation of the placement of newspaper
stands.
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I lonorable Mayor and hfembers of tl.. City Council
April 18, 1997
Page 4 ~
Herbe rtL. routy
IILP:sf
attachments
E:IWPDOM"O COUNCII. NEWSSTAND MEMO
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INDEX TO EXHIBITS
Exhibit A 1966 Code Provision §21-10
Exhibit B Current Code Provision §25-6
Exhibit C February, 1997 Letter to the Mayor from a Citizen about a Newsstand
Exhibit D Intersection Visibility Requirements from Current Code § 18.197
Exhibit E Sample Newspaper Stand Ordinance
Exhibit F Pros and Cons of Newspaper and Right-of-Way Ordinances
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21-6 STREETS AND SIDEWALKS 1 91.10
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from any street or other public property In the city or to
construct, alter or destroy any street, sidewalk, curb or gutter
In tho City, except under authority granted by the city council.
(1969 Code, Art. 14.06)
Cross reference-Vandalism, `14.9.
Sec. 21.7. Tampering with street lights and related equip-
ment.
It shall be unlawful for any unauthorized person to tamper
with, damage or destroy any street light, white way light,
signal light, power' line, electric light line, line pole, trans-
former, or guy wire supporting or steadying any light pole,
or any other electrical equipment of the city. (1969 Code,
Ark 14.06)
Crow refereneea-Marklrr or defaelog windows or doors prohibited,
114.1; altering, Injuring, et,., traffk mtrot devkw, 1 24-M.
Sea 214 Destruction of ornamental trees and plants along
s(reets.
It shall be unlawful for any person to Injure or destroy
any shade or ornamental tree, or other plant growing or
planted along any street, sidewalk or alley, or within any
public grounds or property of the city. (1969 Code, Ark 14.06)
Crow reference-Markiog or defacing windows or doors prohibited,
114-7.
See. 21.9. Signs, advertisements not to be painted on side-
walks, curbs, eta
It shall be unlawful for any person to place or paint any
sign, picture, character or other advertisement upon any
sidewalk, pavement, curbstone, public bridge, public building
or other public property, except upon express permission of
the city council. (1969 Code, Ark 14.08)
Croce refereace-Indecent writing and pictures ea wails, house or
sidewalks { 14-34.
Sec. 21.10. Selling upon or obstructing streets or ddewalka--
• permisslon required.
It shall be unlawful for any person to sell any wares, goods i
$r mercbandise from any stand or place located within or '
up9• Ne.17 707
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1 11 10 DENTON CODE { 21.10.1
upon any public street or sidewalk or to otherwise obstruct
any public street or sidewalk except by express permImlom
from the city council. (1969 Code, Art, 14.09)
Cron retervnee-Safes aeaerally, Ch.:0.
Sea 21.10,1. Same--Conditions and provWww prerequisite to
Issuance of permit.
In accordance with section 21.10 of the Code of Ordl-
nancea, the city secretary is hereby authorized to issue per.
mite for certain Bales or vending from and upon public streets
according to the general procedure estabilahed for solicitors,
and pursuant to the following conditions and provisions:
(a) The city secretary shall obtain ntme and address of the
owner or owners of the business being conducted, Its
local agents, and of each driver and salesman connected
therewith.
(b) Investigate each owner and employee or agent through
the police department.
(c) Obtain copies of, or proof of, each applicants:
(1) Food handlers permit;
(2) Health card;
(8) Driven license;
(4) Vehicle ownership;
(6) Certificate of liability Insurance, with limits of at
least E6/100 property damage and personal In-
jury;
(6) Bond payable to mayor to assure compliance with
terms of the permit, to protect the buying publ!c,
with limits of at least one thousazd dollars (:1,000.-
00);
(7) Sales tax permit;
(8) Name and location of warehouse or source of foal
supply.
(d) Each permit shall clearly deftue the Bales route, or
area. Permits must be based on ability to adequately
serve the area, and shall be limited to residential arena.
• No sales may be made from any street or sidewalk
which abuts a park or area containing a licensed con.
Supp. No. 17 798
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STREETS, SIDEWALKS AND PUBLIC PLACES 125-6
Sec. 26.6, Permit for selling or vending on streets or sidewalks. j
(a) It shall ba unlawful for any person to sell any wares, goods or mercbandire from any
stand or place located within or upon any public street or sidewalk or to otherwise obstruct any
public street or sidewalk except by permit.
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(b) In accordance with subsection (a) of this section, the city secretary is hereby authorized 1
to issue permits for certain sales or vending from and upon public streets according to the
general procedure established for solicitors and pursuant to the fullowing conditions and
provisions:
11) The city secretary shall obtain he name and address of the owner of the business
being conducted, its local agems and of each driver and salesman connected there-
with.
(2) Each owner and employee or agent shall be Investigated through the police depart,
ment. _
(3) Each applicant shall provide copies or proof of the following:
a. Food handler's permit;
b. ifeailh card;
c. Driver's license;
d. Vehicle ownership;
e. Certificate of liability insurance, with limits of at least torentyGve thousand
dollars (1126,000.00) fcr property damage and personal injury;
f Bond payable to the city to ensure compliance with terms of the permit, to protect
the buying public, with limits of at least one thousand dollars ({1,000.00);
g. Sales tax permit;
h. Name and location of warehouse or source of food supply.
(1) Each permit shall clearly define the antes route or area. Permits must be based on
ability to adequately serve the area and shall be limited to residential areas. No Bala
may be made from any street or sidewalk which abuts a park or area containing a
licensed concessionaire or business establishment or within one thousand (1,000) feet
from such concession or establishment.
•
(5) No permit shall exceed one (1) year and shall provide for automatic termination upon r
abandonment or upon any violation of ordinance or statute. The chief of police may
suspend any permit for any violation of an ordinance or statute end for the creatinn
or & nuisance or tralTic hazard. The permit holder may appeal such suspension to the
city council for final determination, if such appeal is filed with the city secretary
t! within ten (10) days of the suspension. - 1 O
(6) All vehicles Involved, Including trucks, scooters, pushcarts, wagons, bicycles, etc.,
shall be described in the permit and be subject to Inspection by the health department
and police department and be approved by such departments prior to use.
1661
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1 25.6 DENTON CODE' P) A permit fee as established by the city council and on file in the office or the city
secretary shall be collected prior to issuance, and a street use franchise fee of three (3)
percent of all gross receipts from such aales shall be paid to the city within thirty (301
days alter the expiration of each quarter year beginning on the date the permit fast
issues. The permit holder shall be responsible for keeping accurate records of all such
saleµ and the city shall have the right to audit such records at all reasonable times.
(Code 1966, 66 21.10, 21.10.1; Ord. No. 88-061, 41, 3.166)
Cross reference-Licensee, permits and business regulations generally, Ch. 16.
Sec. 26.7. Defacing or destroying survey reference markers.
It shall be unlawful for any person to Injure, deface, destroy or remove any permanent
survey reference marker or any benchmark or control point ma:•ker belonging to the city.
(Code 1966, 6 21.12)
Sec. M. Construction and building debris.
(a) Scope. The provisions of this section shall apply to all persons, contractors or subcon-
tractors performing any hauling. excavation, alteration, demolition, construction or recon-
structi6n or work related or incidental thereto on any site within the city snd to any person,
contractor or subcontractor making use of any public street, alley or way owned or maintained
by the city as a result of ouch activity.
(b) Depositing on public streem No person shall deposit, track or scatter any dirt, stone,
gravel, brick, cement, concrete, Bend, mud, wood, trash, garbage, rubbish or other similar
materiel or debris upon any public street, alley or other public way.
(c) Vehicles leaving construction siter. No person, contractor or subcortractor performing
all or part of the work described in subeertion (a) of this section eh all allow any vehicle to leave
such job site and enter or travel upon a public street, alley or way unleee such vehicle is
properly covered and all equipment of the vehicle, including the tires thereof, are properly
9 cleaned so as to prevent a violation of subsection (b) of this section.
(d) Abatement of violation.
(1) Should any person, contractor or subcontractor performing all or part of the work
described In subsection (a) of this section violate the provisions of subsecUon (b) or (c)
of this section, the city may Issue an order, In writing, to any person, contractor or
0 subcontractor on the job site where such violation originated to come specified ac-
tiviLy on such site relating to the violation of this section, Including but not limited p
to hauling, excavation,'conrtruction, demolition or reconstruction at the job site or
removal of any material from the Job site.
(2) No person, contractor or subcontractor Issued an order as specified In this subsection
shall continue or cause or allow the activity covered by the order to continue after t) e
issuance of the order until written permission to resume the activity, covered by the
1682 9 1
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February 20, 1991
To: Jack Miller - Mayor
From: Jerry Dalrymple
Subject: Newspaper Vending Racks
I am a resident of Denton and reside at 1220 Broadway. 1
Recently I have noticed several Dallas Horning News
newspaper vending racks have been placed in residential
areas of our reighborhood. I personally thing that these
machines detract from the appearance of our neighborhood.
The locations of these machines are listed belowr
1. Corner of Linden and Fulton.
2. Corner of Cordell and Crescent.
3. Front of 1308 Cordell.
4. Crescent Street between Carroll Blvd. and Colt.
5. Corner of Egan and Denton St.
6. Corner of Panhandle and Denton St.
1. Corner of Congress and Denton St.
8. Corner of Congress and Fulton.
9. Corner of Crescent and Bryan.
10. Intersection of scripture and Ponder. (On sidewalk
blocking wheelchair ramp.)
11. Corner of Panhandle and Alice.
12. 700 Block of Ponder.
13. Corner of Linden and Gober.
If the Denton Record Chronicle, Fort Worth Star Telegram,
USA Today, Wall Street Journal, Thrifty Nickel, (green
Sheet, Etc., decide to match these machines one for one we
could have a real mesa. One newspaper has informed me that
they intend to match these machines one for one. I also
have been told that the City of Lewisville and the City of
HtghIand Village have recently pose ad newspaper rack `
ordinances. I don't know if these machines suddenly
appearing have anything to do with those ordinances or
not.
Jack, I appreciatb you looking into this matter for me and
I look forward to know what you find out.
Thankst
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Phnner 387•D638 or 382-5046 Fexr 565-1827
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GENERAL CODE INFORMATION
GRASS AID NEEDS
The maximum height of grass and weeds is twelve (12) inches. If
the grass and weeds are higher than twelve (12) inches the property
is in violation. Agricultural crops, such as corn, are not
included. A notice is sent to the owner shown on the last City tax
records, and the owner is requested to clean and now the property.
After ton days, the Code Enforcement officer will inspect the
property again. If the grass and weeds have not been mowed, the
City will hire a contractor to now and clean the property. The
owner will receive a bill for the mowing charges, plus an $80
administrative charge. A lien will be placed on the property if
the bill is not paid.
TRASB AND DEBRIS
Any piles or stacks of trash, garbage, junk, old material,
automobile parts, lumber, bricks, construction debris, or similar
items on a property bordering a public street is not permitted.
The items cause an unsightly and unsanitary condition and must be
removed within ten (10) days of a notice to the owner shown on the
tax records. After ten days, if the violation still exists, the
City will hire a contractor and clean and remove the trash. A bill
for the clean up charges, plus an $80 administrative charge, will
be sent to the owner. A lien may be placed on the property if the
bill is not paid.
VIEW OBSTRUCTION
Bushes, shrubs, plants, signs, or other objects over two feet in
height are prohibited in the area twenty-five feet back from an
intersection. The measurement is made along the street in both
directions and connected with a line.
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In the parkway which is the area between the property line and the
street, no objects between two (2) and seven (7) feet is allowed.
Trees in this area shall not interfere with vehicle and pedestrian
traffic.
AMOISoA
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SAMPLE NEWSSTAND ORDINANCES
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r91R-20-'97 15:77 ID: TEL 110;017-301-9CL£ gtllfl2
Et:OWER MOUND 1D:9725393392 MAR 20'97 10:22 No.011 P.01
7VWN Cf I-Viwv 1NuuNn
M?,IMUWTY I)rVnr#MrNr
97M39-0M MAIN 977N39.XM i,A1f
6.26 Town Employee Not to Recommend Wrn wrp~eZUSYt -
No employee of the Town of Flower Mound shell recom
mirtedy, either by word, ature, tip or othawiu, the
W400e (01d. 48d edop 1.27.86, Soc. 26)
6,27 Coverage of Off•StrW Vehicles
The prvhibldoru and NXU1re WtS of this section shad any to all accidents and dhsabled
vehicle togatdle s of wftodw or not the Anal resing piioe of s vehicle is upon a Street
iturrtodiatelY after alto accido 1 or 6tpbiernent. (011 46 sdopsed 1.27.86, Soc. 27)
8 6.28 Pushlw or Towing Vehicles Eacepled From
Pmblugu m of Repintlons in Cerlala iRstaxen ,
WhIcles the be pwhW' or `tow'ed by another vehicle (evtl be a Wreaker for
twmpenutlo3 only when they do not reuotsably requite rem a wroolter sad only '
when such may be done in a safe menav so u =0=6 a S
removal is "arvW t}wn the provWona of this 6.23, (pfd irJopbd
1-27-86, Soc. 23)
1 6.2! Vat of Radio a Town "ueacy
. . 1. ..s^,Jr I. 4 t i
Any wrecker owner + f'`L
.operator, or amt tltaraf who uses a radio which tra aaseda sad
recdvos on any Town of Hower Matmd oerg shall not an Aie radio tot any
ft%Wr issiorsa ottc than when aottwr{red by a war Monad Police Deparmlent
d rpv~ufhcber or officer to mal ; - ; eaft P-28 or so notify dye PWJOC Dcpertnteat ofeek"
aedvitY or tnaPecka, Disoloulre of any information received by mosdtodag of *M
flay to any but a athodnd prssol,nel is a violadon of IM FedeW Corommdcedow
Cbmmiwoe rule and this Wetion. (Ord. 486 adopted 1-"-K Sec. 29)
17.00 LaCAY7nN OF NRWSRA(:K& ShluS proj.5ien .S
SI~g1~l`,'~ di4~F'er~rZ}-No
a 7.01 Purposes of Stetlott azr..,;r ate . s ~d
The • ptup~osoo of the following provisions is to promote the public health, safety and woh%m
8h SIAdon of the laxtlon of newsracks on public right"f•way so as to:
(a) provide for pedestrian and driving safety and cocvertiettx;
(b) restrict unrusonable InterferM>i with the flow of pedesoian or vehicular traffic
including Ingress into or egress from tiny residence or plan of business, or from the street
® to the si _wslk by persons c.aidng or 4ntermg parked or standing veSlde ; • ' , , 1-"
11 O O
(c) providk't reasonable access for the use and malntonstwo of pelts, pose, enffic control
devices. traffic Signs of slgnsls, hydrants, maUboses and aootu to iccadoru used for
public tratuportatIon purposes;
(d) relocate snd/vt replace newsracks which result in a visual blight and/or excessive
Space allocation on the, ublic rightswof•way:
(e) maintain and protxt tin ~dttes of surroutding property,
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hM-20-' 97 15 *,23 I D: TFL 10: 817-381-'3f£8 4010 P03
iron ♦v 7r IV:LJ Na.V11 t'.t12
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(f) roduoe' dnneot:ssary exposure of the public to personal Iryury or property damage; f
Ale treat all newspapas, news ec iodicats and corr mmIal literature equally rceardlea of 1
IF site, cortterttr circulation of froqucncy of publication; ~
(b) msinteln and preserve fnaedom Of the prcu; and
n maintain and to the maximum eueat possible cooperate with newspaper, news
periodical and conumdal Gtatature distributors
i} 7.02 Definllions
(a
DIEMM! shall mean the Director of Community Development for the Town of Flower
otlad.
(p) HtwAmr a shall mean any of unmanned device for the vending or free
distribution of newspapers, news p ale or Commercial Hwamm
p(e) Psptblic 8ieht o[-wsv shall moan any street, highway, aUey, ►Wewslk, brldje, park,
(•blIc IV or other Coal ptopary owned or controllod by the Town of Flower Monad.
( opted 5-11.93)
17.03 PMkIblllons on Localioa of Newsracks
(1) .`10 newaracb shall be pim o Wiallid, tssod or insintabsed:
(1) withlst sat feet (10?of+rym►iadwoamailr r
(2) within ten feet (10) of my utantarlwd croscwaliq `
(3) within ten feu (10) of any tiro hydmt, flm or pollee slams box, or other
esey ftut;
(4) within six feet (6) of my driveorayi
(S) within ten feet (10) ahead of, and fifteen feet (13) to the roar of, my sips
a egg as designated but stop, ttxmwW along the back of any curb oredp of
(6) within tea feet (10) of shay btu be**-
• (7) within twenty feet (20) of any street or highway tra(tic inierseotion, measured
along the but of my curb or the edge o(pavernent;
(g) within three feet (3) of any street or hij "y, measured from the back of (3y
curb or the edge of pavettseat; however, if the mewmernem of throe feu t 77
Mulls in any part of the newsrack being placed on a public sidewalk or
pedestrian pasugeway, then the newsrack may be placed along the edge of any
® such publIc sidewalk or pedestrian passagewa)qO
(9) on any handkap access ramp;
(10) at any location whereby the dear space for the passageway of pedeser"Is
reduced to Icss than three feet (35;
197.1 Supp. No. 6
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M-R--20-'137 15:29 ID: TEL 110:617-331-9GGG 4010 P04
hLL1t,' MUl1NU lU:yllSSyi391 PNk 1V'9! IU NO.U11 M.US
LlaufrAfo,eJMu,:rad[(ade CIWe,erl:.dlll'Irti.+armms=s
( (11) on or within two feet (2) of alerts, traffic control devices, parking meters,
area fights or utility pole, or
(12) on the public right-of•way of any Itr et or highway where ppatking ispprohibited
on both sides for all or any pomon of the day or within fifty feet (S0~ of such
street on the right-of-way of any intersecting street.
(b)_ In the event of any Conflict batwoen this section or any provision of Zoning;'
~vt
OrdMance No. 1.75, ExMbit "A" of the Town of Flower Moond Code of Ortiltw oes, the ~ ` t ~1J
provision of the Zoning Ordinance shall apply. (Ord. 66.93 adopted 12.20.93)
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I 7.(1 Removal of Newsraeks 1
(a) Wbeaever the DireFt'i 91n ~ lny tnewarack locatod upon or rttalnulned In say
prohibited arch tho Dimm A&H send by oerdnod mail with return reoeipt requested s
written nod4p w the owner or user of the new lflowwn, or if such address Is wt
known, then the D-E for fie such oo oo on or am jo rho gwax* for sperlod of
ten 00) days. The no& shall state the address and telephone number of the bitter, dW
the newsrSck is in violaion of the uiremonts of this section.: that tho owner a user is
ordered to cause imrnodlaro romovalof the r&warack from the public right-of-way; the
newstuk will be removed by the Town # slue designstpd in the naive.
awhIMM
Latl be eeq([ _tltg otNf4e xya au Jed oe Gatpd tat
h the noon or Mt
rmy regtltta a = ore the Town Caw.rcil by filing M= appeal with the Dbocoor
on or, be(, ft des* nnwM date. 1f die newmack rerwias on public ;W
afw the 10-:y if an appal Is made and denied nfler the date of the Torfit
a uncdl heating o Director ehali amt the removal of the new "aok.
(b) Notwithuanding arv .Leer provision of this seetioo, tho Director shay arue _ < , I
tm riediato remo-al a wock on public right-of-way where Its loodon wwossonably r
endanq+s die r o x ppc~ or wv"sonably inata{Or, with a Impedes the
flow d' ped~' . ostllk.NNo later than throe (3) business days of the Town J
Ow the Direct;.. - ,soh removd, he or she sha8 give the notice referred to in
subsection (a) of .>,i a:... Within ten (10) days after removal of the newarack. the
owner or vice of tme ..wmwk may aappppe4 the removal to the Town Council by fWog an
app~~ with the Town SaaCt.& 7M Town Council thereafter skail deterrnloc wbedw the
>3lsector's action was proper. If the Town Council dasermioes that the Dhow Improperly
caused removal of a newuack, the Director shall cause such newsrack to be restored to Its
location prior to such removal.
• (c) Any person violating or failing to comply with an provision or requirement of tills
section shalt be deemed gully of a rnisdemeanor and, upon conviction thereof, shall, r
without ettoepdm be fl e r wtiertb~rr>atlol¢ tl~p~vWed In f 1.06(&x1) of Chapter I of
th[s Cade of Ordinanoa. A septa to olfon% aha[I be deomedcommitted upon ~lach day
during or on which a sepante violation or fallore to comply occurs or continues to occur
and sbe punishable u such- however, no fire or pawl may be levied within the firm
S 1 rod allowed for an appeal to 6 filed ;:while an appeal is pending. (Ord. 26.93 &doptod
1.93)
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J&00 CABL.F TEL.MMON RATFLU ILATIONS
(a) The rules promulgated by the POC pwsuant to the Cable Act of 1992, published at 47
CCFR 76.900 et seq., as may be amc, ed from time to time, are hereby adopted and
177.2 Supp. No. 6
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COMPARISON OF NEWSPAPER STAND
ORDINANCES TO RIGHT-OF-WAY
(SIDEWALK/SOLICITOR/VENDING) REGULATIONS
Newspaper Stand Ordinate.
PROS CONS
See list of purposes for newspaper Increase administration
stand ordinances. and recordkeeping in
issuing permits.
There is no applicable guideline in Increased administrative 6
the current Code; right-of-way enforcement duties in
provisions previously used are sending notices of
from the 1996 Code. violations or of putting
notices on news racks.
Immediate need: Dallas Morning News is (non-permit situation)
increas.ng newsstands and Denton
Record-Chronicle will probably compete.
City Council/City Manager's
Some newsstands may be placed illegally. time in hearing appeals.
Mr. Durrance said there is a news-
paper stand on a handicap access ramp. Possibility of abridgement
of First Amendment rights.
Provide guidelines for criminal
prosecution - city revenue possible Limited resources in code
through increased fines.* enforcement.
No indemnification for City is provided Revenue for city will be
by the present ordinance. negligible, if any. The
courts will only allow a
The city receives detailed information permit fee to cover the
about a) the installer of the cost of administering the
stand; b) the name and address; c) program.
phone number of paper publisher; d)
• contact person for reaching Indemnification and k
this information. Insurance provisions may i
be vulnerable to con-
The city controls the newspapers method stitutional challenge
of attaching the newsstands. according to case law;
however, all four sample
newsstand ordinances have
• an indemnification provision. • •
* Note: Prosecution of out-of-town newspapers may be difficul
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Right-Of-Way
PROS C0 N9
Very limited First Amendment Generally, definitions and clari-
implications. fications of terms are omitted.
Lees recordkeeping and admin-
istrative duties. Limited ability to document name,
address, phone number of
Saves the City Councils time newspaper publisher and contact
because there is no provision to person.
appeal to the City Council.
The only appeal for a violation No provision for relocating
would be the appeal process in machines that are in non-compliance.
court for a Class C violation.
Limited ability to regulate
Depending on how the right-of appearance or sizes of stands-
way provision is drafted, the it may be difficult to maintain and
Council may have to allot some protect the value of property.
of their time to approve the
newspaper's request for a Does not allow for in-depth
newsstand. provision covering specific
distances or exactions that
Significantly less impact on might be desirable.
enforcement personnel (however,
some provisions take the impact No signed indemi-ification
off code enforcement by using provision.
other public officers).
No specification as to
enforcement.
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CHRONOLOGICAL HISTORY OF
NEWSPAPER STANDS
1983 In 1983, a wholesaler from USA Today appeared before the
City Council and requested permission to bolt newspaper
racks into city sidewalks (see Exhibit "A"). The minutes
of this meeting do not mention the ordinance or regulations
which govern this request; however, in 1966 the City Code
contained a provision, Section 21-10, which prohibited any
persons from selling goods from any stand upon any public
street or sidewalk or to obstruct a street or sidewalk
without the Council's permission (see Exhibit "B"). The
Council granted the request. I have not found any other
similar requests from prior Council meetings.
1983 -
1991 The current City Code became effective June 1, 1991 and the
prior relevant Code section (Exhibit "B") was repealed.
Section 25-6 (Exhibit "C") of the current Code most closely
resembles the prior law. However, the City Secretary told
me that she had never issued a permit for a newsstand under
this provision. According to my conversations with Betty
Williams, between 1983 through 1991, a few individuals
complained to the City Council about newsstand placements.
Since the City Council minutes do not reflect any other
formal requests, it appears that individuals attached
newsstands without Council's permission.
1991 -
1997 Ms. Williams indicated that the prior City Attorney
considered drafting a newsstand ordinance, but the City
Attorney had reservations because the ordinance implicated
First Amendment rights.
February
1997 The Mayor received a letter from a resident complaining
about the newsstands (Exhibit "D"). j
March
1997 Councilmember Durrance orally requested some background
information on newsstand regulations. Ms. Williams was
concurrently conducting an investigation.
April 22
1997 The City Council placed the newsstand issue on their agenda
• for a work session scheduled for April 22nd. O O
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Agenda Ne. '1b
Agenda Item 0t7 -
Date
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Michael W. Jez, Executive Director of Operations
SUBJECT: Implementation of a Nuisance Abatement Program
RECOMMENDATION: That the City of Denton implement a Nuisance Abatement
Program for the purpose of neutralizing property used as a base of operation for criminal
activity.
SUMMARY: The Police Department has identified properties within the City of Denton
that are consistently being used for illegal activities, specifically drug trafficking,
prostitution, and organized crime. The Department has determined that this problem
would be more effectively resolved through the use of a Nuisance Abatement Team made
up of members of the Police, Legal, Code Enforcement, Fire, Consumer Health, and
Building Inspections Departments, as well as the Texas Alcoholic Beverage Commission
and the State Attorney General's Office. The mission of the Nuisance Abatement Team
is to work with property owners in an attempt to eliminate illegal activities and assist in
the revitalization of areas at risk of decay.
BACKGROUND: The Police Department has identified locations within the City of
Denton that are consistently used for illegal activities and are also areas of concern for
other City departments. Traditional methods of permanently eliminating such activities
have been unsuccessful thus far. The Nuisance Abatement Team approach relies on non-
traditional enforcement activities that can eliminate the illegal activity through the closure
or seizure of property from noncompliant owners.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: This program involves
numerous City departments and State agencies. As problem locations are neutralized,
each department should realize a decrease in repeat calls for service. This program will
• serve to positively impact the quality of life of all citizens in the areas targeted
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FISCAL IMPACT: This program requires no additional funding or personnel. The City
will realize an increase in fines due to increased enforcement of existing ordinances at
targeted locations.
J , is el W. 'z"
Executive D ector Operations
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Nuisance Abatement
"S.A.F.E. Team"
Sergeant Scott Jenkins
Denton Police Department
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Denton P. D. - S.A.F.E. Team
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Nuisance Abatement
■ Another Weapon for Law Enforcement!
ee
• 'F ~i 1~ f. a~ ~ t
tc el fi
F ~ Rt y 4~wN: ~ ~ V
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Denton P. D. - S.A.F.E. Team
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S.A.F.E. stands for:
■ Support for property owners as they improve
their properties
d;
■ Abatement of properties used as a base for
criminal activity
• ■ Forfeiture of the assets from criminals and
non-compliant owners
■ Enforcement of criminal and civil laws
Denton P. D. - S.A.F.E. Team
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The Vision for Denton:
The 21St Century
■ We envision Denton
in the 21St Century as
the North Star of
Texas
- a community of
• excellence for living,
working, learning, and
playing.
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Denton P. D. - S.ARE. Team
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Today's Situation
■ Denton has people and groups engaging
in organized criminal activity.
■ Denton has criminal street gangs that
distribute drugs and engage in violence.
■ Denton has prostitution, drug use, an
distribution that often goes unchecked.
■ Denton has apartments, hotels,
businesses, and other properties where
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there are unsafe conditions.
Denton P. D. - S.A.F.E. Team /
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The Mission of the Denton Police {
Department
■ The mission of the Denton Police "epartment
is to positively impact the quality of life
throughout the community.
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■ To achieve these ends, the department is
committed to forming practical partnerships 4
with the citizenry, which includes a mutual
• goal setting process aimed at resolving
problems, reducing fear, preserving the peace,
and enforcing the law; thereby, providing a
® safe environment for all citizens. ,
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Denton P. D. - S.A.F.F,. Team n
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The S.A.F.E. Team 3
Vision Statement
■ The S.A.F.E. Team seeks to
integrate every enforcement
arias of the City of Denton to
neutralize property used
as a base of operation for
criminal activity. The
process also holds the
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owners accountable for the
• properties that are
substandard to City code.
Fenton P. U. - S.A.F.E. Team
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What Departments are Involved?
■ Police
■ Fire
■ Legal
■ Code Enforcement
■ Building Inspection
■ Consumer Health
■ other outside agencies
- T.A.B.C.
- The Texas Attorney Genera
Denton P. I). - S.A.F.E. Team
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Realizing the Vision and Mission
r Nuisance abatement would work toward
the Vision and Mission by:
- Targeting properties with high calls for service
from police, fire and other departments which
drains City funds.
- Start with the worst problems for every district
in the City of Denton.
• Closing or seizing properties from non-
compliant owners.
Denton P. D. - S.A.F.E. Team
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Realizing the Vision and Mission T
■ Nuisance abatement would work toward
the Vision and Mission by:
- Assisting compliant owners in making the
required improvements to revitalize their
properties which improves neighborhoods.
- Improved neighborhoods can bring in
additional tax revenue due to increased
property -values. •
J - when crime is reduced, everyone benefits!
Denton P. D. - S.A.F.F. Team
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Targets for Nuisance Abatement
■ Distribution and use of
controlled substances
■ Organized Criminal Enterprises
■ Prostitution
■ Criminal acts at sexually
oriented businesses
■ Criminal Street Gangs
■ Gambling
■ Reckless discharge of firearms
e Distribution of pornography
)en Ion P. U - S.A.I'.I:. feani
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Results in Dallas
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■ Revitalization of neighborhoods
■ Criminal enterprises are eliminated
■ Reduction of crime in target areas
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s Reduction of calls for service in target
areas
■ Seizure of real property and assets
■ Award from the Texas Attorney General
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• for Outstanding Criminal Law
Enforcement - Dallas S.A.F.E. Team.
Denton P. D.-S.A.F.E.'Ieam
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IT IS THE LAW!
■ The "Texas Nuisance Abatement
Statutes are:
- Chapter 125 of the Texas Civil Practice &
Remedies code, and
- Section 101.70 of the Texas Alcoholic
Beverage commission.
■ These laws establish a non-traditional
method to deal with continual problems
® which plague Texas and Deaton alike.
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Denton P. D. - SA RE. Team
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Who can be held responsible?
~ I ■ According to Texas Law;
- Owner(s) of real property, ~
- Owner(s) of the business,
- Lessee/renter of the property,
- Manager of the property,
- Any combination of the above.
Denton P. D. - S.A.N.E. Team
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The Process
■ Identify problem locations
- BY Officers' observations
- Through citizen complaints
- Anyone can initiate a complaint!
■ Start a Preliminary Investigation
- Examine calls for Police, Fire and other depts.
- Compile statistics on arrests and offenses
- Analysis calls for public safety services
determine the dollar amount the property is costing the City for services
J - completed investigation is sent to the SAFE Team coordinator
Denton P. D. - S.A.F.E. Team
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The Process
■ Case Decision
- Case Opened - at least 3 abatable arrests.
- Case Referral - not enough activity.
- Case Closed - no nuisance activity.
m Case Activation
- The S.A.F.E. Team officer coordinates with
other City departments to prepare for an
inspectilJ:: of the property.
• - The owner, manager or tenant is informed of ;
the investigation and a permission to inspect
the property is requested.
Denton P. D. - S.A.F.C. Team
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The Process
■ Property Inspections r
- Permission or a search warrant is
obtained to inspect the property.
- Each code violation is documented.
- Life-threatening violations are dealt {
with immediately!
• - A date for an accord meeting is set.
Denton P. D. - S.A.F.E. Team
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The Process
■ Accord Meetings
- The owner is informed of the all of the
criminal activity
- A complete list of the violations
documented during the inspection is
` covered.
• - Compliant owners will sign an agreement
to take measures to correct the criminal
and code problems.
° - Compliant owners will agree to a re- °
-J inspection after due process time.
Denton P. D. - S.A.F.E. 'Team /
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The Process
■ Re-inspections
- Compliant owners have corrected the
problems and are assisted as much as
possible.
- Non-compliant owners - violations are
1 documented, citations are issued or arrest
are made.
- Additional inspections are conducted as
necessary.
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Denton P. D. - S.A.F.E. Team !
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The Process l
■ The City Files a Civil suit r
- The Legal department presents the
case in District court.
- The City requests an injunction
against the owner to stop the
criminal and civil offenses.
- The City requests an appropriate
bond by the owner.
Denton P. D. - S.A.N.E. Team Z/
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Possible Consequences
1 ■ If criminal activity is documented after
the injunction:
The City receives the fines of up to $10,000.
- The property must be vacated for up to a year.
- The owner can sign the property over to the
• City of Denton, a property management co..,
or a non-profit organization for revitalization!
- Some citation agreements in Dallas range
from $1,500 to over $66,000. '
- 98% of activated cases are resolved before {
going to District Court!
WIllon P. - S.A.E.E. Team {
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Agenda No
Agenda Item
flate___~'z~=~2. .
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
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FROM: Rick Svehla, Deputy City Manager
DATE: April 22, 1997
SUBJECT: Off Premise Signs along Highway Entrances
SUMMARY:
Consider pursuing designation of scenic roadways or corridors along major
entranceways in order to encourage limited construction of off-premise signs inside
the city limits and to stimulate the removal of existing off-premise signs.
BACKGROUND:
Members of the Council have expressed a desire to pursue adoption of legis!ation
that would designate "scenic corridors" or "scenic roadways' within the city limits.
Areas mentioned have included the city's major entranceways such as Interstate 35E,
35W, 35N, U.S. Highway 380, and Loop 288. With passage of such legislation, the
Denton Development Plan's entranceway policies, as well as Vision for Denton
policies relating to entranceways, can be better achieved. By designating scenic
corridors, the city encourages limited construction of new billboards to areas not
given the 'scenic" designation as well as encourages the removal of off-premise
signs.
Limiting Off-Premise Signs
In 1990, the City of Denton was certified by the State Department of Highways and
Public Transportation for local regulation of outdoor advertising signs (bl;!boards).
This applied to off-premise signs along all Interstates and Federally-aided Primary
1 Highways within the Denton city limits. These roads included Interstates 35E, 35W,
i 35N, U.S. Highway 380, and Highway 377. Signs on these roads were required to
maintain annual permits. The city continued to regulate signs along all other roads
• that were not federally aided, such as Loop 288.
The City of Denton's obje,;aves, through certification, were to greatly reduce the size
of billboards permitted by the state as well as to control the number of new signs
being constructed. With Denton's regulations, the size of new signs have been
reduced from 672 square feet to 250 square feet. Today there are 113 billboards on
• interstate 35, 380, and 377. Of the 113, 39 signs are conforming and 74 are • •
J nonconforming due to height, size or the zoning on the property.
Pagel
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Other cities have created special controls on land located along designated "scenic'
and "principal' roadways. This prevents someone from constructing new signs
outside of the scenic corriclor, yet still within a reasonable distance to be seen.
Of the 128 municipalities located in the Houston/Galveston area, at least 70% prohibit
the new construction of billboards citywida. In addition, the Texas Litter Abatement
Act states:
Section 4,02 The leglslsture considers V~d the tandscaping end devaiopkng of racredkxsl wom,
acquisition of kteraste in and Improvement of stripe of I" within, adjacent to, or wthin view or the kder ode
or promy system, which are necessary for tlw ris"alim preservation, and enhaneenwrd of ace-ic bee ty,
and dwelopkV publicly awned end controlled rest end swftry fecilt" *shin on adjacent to highway N ts-
d-way are mesm of protecbW vat provldirp for 11e general welfare of the trevel'ng public and promotir,4
the adsty of cRaerw using tw Ngfwsys d this sWsr
If the Council favors scenic highway designations, staff would recommend Interstate
35N, 35E, 35W, U.S. Highway 380, and Loop 288 as scenic roadways, along with
providing special controls on a 1,000 foot strip of land, from the centerline, of the
designated roadway.
Procedure for Designation of Scenic Corridors or Roadways.
In order to implement regulation prohibiting new construction of billboards, Chapter
33, Sign Ordinance, will need to be amended. After receiving consent from tie
Council to pursue drafting an ordinance, staff would take the draft ordinance before
the Planning and Zoning Commission. Public hearings by both the Planning and
Zoning Commission and the City Council, as well as a notice In the newspaper, will
be required.
Amortization of Off-Premise Signs:
In 1965, Congress enacted the Highway Beautification Act to establish a nati*nal
policy and program for the control of outdoor advertising along federally furled
Interstate and primary highways. In Denton, this would include 35E, 35W, 3: N, 380,
and 377. Loop 268 is not a federally funded interstate or primary highway. In
conjunction with the Highway Beautification Act, the Federal Highway Administration
ensures that each state develop a billboard control program that restricts the
1 construction of new signs and requires removal of "nonconforming" and "illegal" signs.
However, compensation must be paid if legal, nonconforming signs are forcibly
removed.
l .
As an alternate method, some cities pursued amortization. Amortization of signs r
allows a community to force the removal of legal, nonconforming signs alai billboards
without paying compensation. Amortization periods of three to ten years have been
the most common time frames.
o In 1978, the billboard lobby secured the passage of an amendment that forbids the
use of local police power regulations to force removal of nonconforming signs along
J federal highways In their jurisdiction unless cash compensation Is Paid. This prohibits
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the Council from adopting amortization along 35E, 35W, 35N, 380 and 377. The city I
does have the authority to amortize on other roads, such as Loop 288. Removal of
any off premise nonconforming sign along federal highways fequlres the purchase of
the sign, which could range between $4,000 to $40,000 per sign.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
The City of Denton, as well as the citizens of Denton, and the billboard industry.
ESCAL IMPACT:
None, unless the Council wishes to pursue purchasing signs.
Please advise If I can provide additional information.
RESP ULLY SUBMITTED,
Rick Svehia
Deputy City Manager
Prepared by:
C Dorina Bateman
Senior Planning Technician
Attachment #1: Austin Sign Code (excerpts pertaining to off-premise signs.)
Attachment #2: Houston Sign Code (excerpts pertaining to off-premise signs.)
Attachment #3: Texas Litter Abatement Act (excerpt pertaining to off-premise signs.`,
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ATTACHMENT 1
AUSTIN SIGN CODE -
Sign District defined:
Scenic Roadwav. The 'Scenic Roadway' sign district includes land within the
boundaries of a Hill Country Roadway corridor and within the Principal Roadway Area
of a Scenic Arterial, as each of those terms Is defined in Section 13-2-1, and, for
purposes of this Article, shall include all land within Austin's extraterritorial jurisdiction
that wouid be within a Hill Country Roadv~ay corridor or the Principal Roadway Area
of a Scenic Arterial if that land were also within Austin's zoning jurisdiction.
"Hill Country Roadway Corridors' means all land within the city's zoning
jurisdiction located within 1,000 feet from each side of the public right-of-way of
the following roadways:
(1) Loop 360, from US 290 West to US 183;
(2) RM 620, from SH 71 to Anderson Mill Road (FM 2769);
(3) RM 2222, from Highland Hills Drive to RIM 620;
(4) RM 2244, from Loop 360 to SH 71; and
(5) Southwest Parkway.
"Scenic Arterials" means the following principal roadways:
(1) Arterial 8 (Adelaide Drive/Forsythia Drive);
(2) Barton Springs Road;
(3) Loop 1 (MoPac);
(4) Loop 360 (Capital of Texas Highway), south end of US 183;
(5) RM 620, from SH 71 to Anderson Mill Road (FM 2769);
(6) RM 2222, west of MoPac only;
(7) RM 2244;
(8) Lake Austin Boulevard;
(9) West Cosar Chavez Street;
(10) Riverside Drive;
(11) Spicewood Springs Road, from Mesa Drive to Loop 360;
(12) William Cannon Drive, from Brodie Lane to Southwest Parkway;
(13) Excarpment Blvd., from William Cannon Drive to Arterial 11 S.H. 45);
(14) Arterial 5 (McKinney Falls Parkway) from U.S. 183 to William Cannon
Drive;
(15) FM 973, from SH 71 to U.S. 183; ,
(16) SH 71 east of IH 35; and
(17) U,S. 183 south of SH 71.
• Signs Prohibited In All Districts: O O
An off premise sign, unless the sign Is specifically authorized by some other provision
of this Article. An off-promise sign is a sign advertising a business, person, activity,
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goods, products, or services not usually located on the site where the sign is
installed, or that directs persons to any location not on that site.
Other signs prohibited in the Scenic Roadway district:
1) "Commercial Flag" meaning a piece of fabric, or any non-rigid material,
including banners and pennants, displayed for commercial purposes.
2) Roof Signs.
Permitted On-Premise Signs:
(See Attached)
Additional Regs. In the Scenic Area Sign District:
1) Spotlights on signs and exterior lighting of signs in a Hill Country Roadway
Corridor shall be concealed from view and shall be orientad away from
adjacent properties and roadways.
2) Intemal lighting of signs Is prohibited, except where the Intemal lighting is onyx
of Individual letters.
3) Notwithstanding the sign setback requirements established by Sec. 13.2-886,
installation of a sign or sign support is prohibited less than 12 feet from the
public right-of-way, or less than 25 feet from street pavement or curb In the
right-of-way, whichever distance Is less.
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Hlsior!d: see Sec. 13.2 166 for regr!;a60ns
Low-densM Residemtel: see Sea 13.2865 for regulatlons.
essw a51" Mualfam Neighborhood Commercl
!
Corridor - Residential Commercial 0 a" --a
Signs authorized:
Yes Yes Yes Yes Yes
Freestanding: Yes '
Yes Yes Yes Yes Yes
Wah: Yes
No Yes Yes Yes Yes
Commercial Flag: Yes n
Roct Sign, O I
substHuted !Ora f
I(eastanding No No No No yes
sign:
sign: Yes
Freestanding signs One per One . One
euthorized per lot: One • One curb cut One
Maximum sign area 0,7 square foot per 0.4 square feet per 35 square feet 0.3 s uar f el per 0.5~& r fed aper 0.7 square foot linear • of authorized
linear rod Of ilnear loot of frontage; up to a frontage; up 10 a from age; up 10 a .
freestanding sign: frontage or 60 fromage; up to a maximum of 100 maximum of 200 maximum of 200
square feat maximum or 64 square IM square feet square frd for e
on calculating the whlchever is square feet sign other than a
maximum sign larger, up 10 a mullhenart canter
area of a ON. maximum of 300 sign or 250 Square
sianding sign on square foot fell far a {
a corner lot, ony muhhananb earner
O the Ivoest Single sign •
frontage Is count- !
ed.1
• see Sea 13.2870 (Addhional Freeslarlding Signs)
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Sea 13-2.867 TABLE OF STANDARD SIGN REGULATIONS
IH slorse see Sea W40 lot regulatlons.
Low-density Resldenzlal: see Sea 13.2$65 for regutallons,
Mu!lfam Neighborhood
Expressway Scenic f)awnlown Commercial
Coffid MO Re-sdenti CommarGal a feet
of f
fat-ads Maximum hero ages 2 «a the ef.rst is area of the facade first is 0.5 moorrfoot ofPet area of theaflrst 15 areea d the ffW 1s efee
of tof f he A~eIs
of an other alpnq area feet of building Frontage; not to feet of building feel. of budding feet of tho buAdlhg
{aggregate Mail heighhttd lest of b Mg heegM exceed a total of helght helgtt heigll
35 square heel fl
o
T
(0 s!x feel above 20 lest above abr feat above 30 feet above
c~ Maximum height of 35 fast above 121or above grade fnortage street grade frontage quest e
v_ freestanding frontage street grade pavement grade pavement grade.
or air feet above lc
Q signs: Pavement abode, or feet above grade at the base ~
or 20 feel above grade de at the base of the sign,
grade at the base of the stmt
of the sign, wtkhever is whichever Is
whichever Is higher higher
y hlpher
•
Commercial Flags; same as for
same as for freestanding sign
53 lor Meal height same Sign N !A 30 feet froostandiN sign 30 feet
above ve grade: Ueesl.andin q Slprt
pro per one per one per one per
• Maxlmum number one per none CUM CIA ctxb cut curb out
curb cut curb cut
Par lot: •
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tea..., Y . - .r. V.
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ATTACHMENT 2
HOUSTON SIGN CODE
Scenic or Historical right-of-way or district shall mean the following areas, each of
which is specified with its date of creation,
(i) T.C. Jester - from 11th Street to 43rd Street, designated by Ordinance
No. 80-351, effective May 8, 1980.
(ii) Memorial Drive - from Houston Avenue to the limits of Hunters Creek
Village, thence through Bunker Hill Village to the west boundary of the
city limits of the City of Houston, designated by Ordinance No. 60-351,
effective May 8, 1980.
(iii) Woodway - from Memorial Drive to Voss Road, designated by Ordinance
No. 60,451, effective May 8, 1980.
(1.II areas not listed. See ordinance for areas iv - xx).
Sign Code application area shall mean the corporate limits of the City of Houston and
the area of its extraterritorial jurisdiction as defined by Section 42.021 of the Local
Government Code. For purposes of the regulation of on-premise signs only, the Sign
Code application area shall not be deemed to include those portions of the City of
Houston's area of extraterritorial jurisdiction that are situated In Harris County.
Off Premise Sign shall mean any sign advertising a business, person, activity, goods,
products or services not usually located on the premises where the sign is installed
and maintained, or which directs persons to any location not on the premises,
Height and Size Limitation.
No off-premise sign shall be established, constructed or erected which has a face
area exceeding 672 square feet, including cutouts, but excluding uprights. No double
faced off-premise sign shall be established constructed or erected unless each face is
75 square feet or less and the faces are abutting on the edge.
Designation of Scenic or Historical Rights-of•way or DlstrVIs
• t:ec. 4610. This section shall govern the designation of scenic or historical rights-of-
way or districts within the sign code application area.
The provisions of this section shall not apply to slgr++ lawfully erected and lawfully
existing on the date of creation of any scenic or historical right-of-way or district which
are on the Federal Primary System and subject to regulation under the provisions of
® Article W of the Texas Litter Abatement Act, Texas Revised Civil Statutes Annotated, f,
Article 4477-9a, Including all amendments (the Texas Act), or are subject to regulation
under the Federal Highway Beautification Act, 23 U.S.C.A. Section 131, et. seq.,
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including all amendments (the Federal Act).
(a) Citizens of the sign code application area may petition the City Council of the
City of Houston to designate any area or any public right-of-way within the sign
code application area as a scenic or historical right-of-way or district.
(b) Any such petition must meet the following requirements to be considered by
the City Council.
1. Contain the signatures of property owners whose property fronts on
either side of the right-of-way proposed for designation or who own
property in the area proposed for designation as a district and who
represent 20 percent of the total front footage along the right-of-way or
20 percent of the total area; and
2. Contain the signatures of at least 1,000 citizens of the sign code
application area, each of whom was above the age of 18 years old when
signing the petition; and
3. Indicate that the signatures thereon were collected within a 60-calendar-
day period; and
4. Indicate that the signatories thereon desire the area or right-of-way to be
designated a scenic or historical right-of-way or district.
(c) Any such petition must be submitted to the City Council within 90 calendar
days of the date of the first signature thereon.
(d) Following the filing of any such petition with the city secretary, the City Council
shall, within 45 days of the date of filing, conduct a public hearing to consider
the merits of the petition.
(e) The city secretary shall give notice as to the filing of any such petition and the
date, time and place of the City Council hearing by posting same, at least 14
days in advance of such hearing, at a place convenient to the public in the city
hall. Any interested personal shall have the opportunity to participate in any
hearing conducted under the provisions of this section and to present any
relevant evidence and testimony.
(f) As a result of such hearing, City Council shall determine the following:
1, Whether or not the petition complies with the requirements of this
section; and
2. Whether or not the proposed right-of-way or area has scenic or historical
significance; and
a 3. Whether or not the proposed right-of-way or area has scenic or historical
significance sufficient to justify preservation; and
4. Whether or not designation of the proposed right-of-way or area would
best serve the health, safety, welfare, and public convenience and
necessity of the citizens of the sign code application area.
(g) Should a majority of the City Council decide that the proposed right-of-way or
O area meets all the criteria stated in Subsection (f) herein, the Council shall It O b
designate the proposed area of right-of-way as a scenic or historical right-of-
way or district. Any such designation shall, for existing on-premise signs, be
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effective six years after designation hereunder consistent with Section 4611 (b)
of this chapter, and shall for off-premise signs be effective immediately after
designation hereunder consistent with Section 4612 (e) of this chapter. The
terms and provisions of Section 4611 (b) and Section 4612 (e) of this chapter
shall apply with full force and effect to existing signs within or along the area or
right-of-way designated as a scenic or historical right-of-way or district
hereunder following six years after designation, even though such signs were
duly permitted and not subject to Section 4611 (b) or Section 4612 (e) prior to
designation. In addition, no new off-premise signs and only on-premise signs
conforming with Section 4611 (b) shall be pennitted in an area or on a right-of-
way after designation hereunder as a scenic or historical right-of-way or district.
(h) Should a majority of the City Council decide that the proposed right-of-way or
area does not meet the criteria stated in Subsection (t) herein, the proposed
area or right-of-way shall not be designated as a scenic or historical right-of-
way. No subsequent petition seeking designation of any portion of a right-of-
way or area under this section which failed to meet the criteria of this section
under a prior petition shall be considered by City Council until one year has
elapsed from the date of the filing of the prior petition.
(i) This section shall not be construed to limit the authority of City Council
consistent with the provisions of this section to designate other areas as scenic
or historical rights-of-way or districts without a public petition.
Off-premise signs
Section 4612 (a) Off-premise Sign Provisions. The provisions of this section shall
apply only to off-premise signs, as that term is defined in Section 4603(a)(2) of this
chapter, within the sign code application area.
(b) Prohibition of New Off-premise Slgns. From and after the effective date, no
new construction permits shall be issued for off-premise signs within the sign code
application area. This prohibition shall apply to all classifications of signs, types of
signs, and special function signs, and all other signs used as off-premise signs,
including portable signs, with the exception that off-premise signs which advertise the
sale or rental of real property or direct persons to the location of real property for sale
or rental, and which signs shall be limited to 40 square feet in area, shall continue to
be permitted for a single three-year term.
(c) General Location.
1. All off-premise signs shall be located within 800 feet of a commercial or
industrial activity.
2. No off-premise sign shall be located in a predominantly residential area.
3. No off-premise sign shall be erected, constructed, or established such that the
• face of the structure may be viewed from a scenic or historical right-of-way or O
district.
4. All off-premise signs other than those located on the interstate and Freeway
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Primary System shall be subject to the following spacing requirements from
other off-premise signs on the same side of the public right-cf-way (See also
Table No. 4612):
A. No off-premise sign having a face area in excess of 300 square feet shall
be located within 400 feet of another off-premise sign.
B. No off-premise sign having a face area of from 100 to 300 square feet
shall be located within 200 feet of another off-promise sign. a
C. No off-premise sign having a face area up to 100 feet shall be located
within 100 feet of another off-premise sign,
TABLE NO.4812
SPACING OF OFF-PREMISE SIGNS
Dlatwm to Once syns to FMt
Aru
Aru Arse W"than
recw Aru of 6%9n 3M900 1c: mo 100
In excess or 300 sq. A 400 400 400
100.300 sq. ft, 400 200 200
Less thin 100 sq. fi 400 200 too
All signs on Interstale and Freeway
Primarysystem 500 500 500
5. The spacing provisions stated in this Section 4612 relating to the location of
oft-premise signs shall not apply to the following signs:
A. Signs lawfully erected and lawfully existing on the effective date which
are on the Federal Primary System and subject to regulation under the
provisions of Article IV of the Texas Litter Abatement Act, Texas Revised
Civil Statutes Annotated, Article 4477-9a, Including all amendments (the
Texas Act), or are subject to regulation under the Federal Highway
Beautification Act, 23 U.S.C.A. Section 131, et. seq., including all
amendments (the Federal Act). Location and spacing of signs subject
to the Texas Act or the Federal Act shall be regulated by the city only to
the extent required by and In accordance with the directives of the
appropriate state or federal agencies regulating such signs. Signs
• governed by the Texas Act or the Federal Act with respect to location
and spacing shall be suhject to the remaining provisio zs of this chapter
unless specifically excluded therefrom by the Texas Act, or the Federal
Act or by the rules and regulations of the state and federal agencies
implementing such acts.
8, Signs separated by buildings, natural surroundings or other obstructions
e in such a manner that only one sign located within the above space fw o •
distances is visible from the highway or street at any one time.
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C. Signs at street intersections which are located so that each is to be
viewed primarily from a separate street; in no instance, however, shall
any off-premise sign be located less than 25 feet from any other off-
premise sign when located on street comer intersections.
6. Each double-faced, back-to-back or V-type sign shall be considered a single
off-premise sign for spacing purposes. The largest face on a double-faced,
back-to-back or V-type sign will govern spacing requirements.
7. In computing the distance between off-premise signs, all measurements shall
be made parallel to the edgo of the street and on the same side of the street.
1-i Wemuring the distance from back-to-back and V-type signs, the
measurements shall be made from the street end of the nearest siVn on the
back-to-back or V-type structure.
(d) Location on Property. All off premise signs and sign structures shall be within
the deeded front building line, or if no such line exists, within the property tine, but In
no event closer than 20 feet to the curb of any public street.
(e) Removal of Off-premise Signs from Scenic and Historical Rights-of-way and
Districts. With the exception of off-premise signs lawfully erected and lawfully
existing on the effective date which are on the Federal Primary System and subject to
regulation under the provisions of Article IV of the Texas Litter Abatement Act, Texas
ftevised Civil Statutes Annotated, Article 4477-9a, Including all amendments, or are
subject to regulation under the Federal Highway Beautification Act, 23 U.S.C.A.
Section 131, et, seq., including all amendments (the Federal Act), all existing off-
premise signs located on existing scenic and historical rights-of-way, and districts shall
be removed by the owner at the owner's expense six years after the date of
designation of the scenic or historical area or district.
(f) Construction of Certain Off-premise Sign Structures. All off-premise sign
structures constructed, established, or erected after May 1, 1975, which are not
located on the Interstate and Freeway Primary System shall be supported by not
more than three steel columns or three columns of material that is of the strength
equal to or stronger than steel, if the face area of the sign is over 300 square feet. If
the face area of any such sign is 300 square feet or less, the structure shall be
st ipporied by not more than two steel columns or two columns of material that is of
• strength equal to such structures resulting from the conversion of slde-by-side or
stacked structures with a combined face area of 700 square feet or less.
(g) Visibility Triangle. Within the triangular areas shown below or within 45 feet of
an Intersection, no part of the face of an off-premise sign shall be lower than a height
of 8 feet above the grade level of the nearest street.
O O
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(h) Abandonment of Off-premise Sign Structures. Any off-premise sign structure
lawfully erected and maintained which, has no copy, transcript, reproduction, model,
likeness, image, advertisement or written material for a period of 120 consecutive
days is hereby declared to be a violation of this section, and as such shall be
restored to use or removed by the owner or permittee within 30 days after notice by
the sign administrator of such violation. If the owner or permittee fails to restore the
off-premise sign structure within the specified 30 days, the sign company which
received i permit for the sign shall be deemed to have forfeited the removal bond
required by Section 4606(e) and the sign administrator shall use the proceeds to
remove the abandoned off-premise sign structure.
(1) Off-premise Sign Lists, Each person engaging in the off-premise sign business
shall file with the sign administrator a certified list of all off-premise sign structures
owned by him as of January 1 of each year. This list shall be filed on or before
January 1 of each year and shall describe the location, type, dimensions, facing
direction and permit number of each off-premise sign structure, In describing the
location of an off-premise sign, the owner shall give the street address of the sign
location and the facing direction or the owner shall first reference the sign structure to
the street from which the sign is to be primari'.y viewed, then the side of such street,
then tree distance in feet to the nearest Intersecting street on the same side of the
primary street as the sign structure is located, then reference is to be made to the
direction. the sign faces. For example: 303 X Street, west facing, or X Street,
northlinc, 120 feet east of Y Street, west facing (X Street NL 120' E Y Street WF).
Implementation In Area of Extraterritorial Jurisdiction
Sec. 4613.
(a) General. The provisions of this section shall apply only to signs within the area of
• extraterritorial jurisdiction as defined by Section 42.021 of the Local Government Code
as it existed on May 31, 1985, that were brought into the sign code application area
of this chapter by Ordinance No. 85-799 with an eff&.;Uve date of May 31, 1985. Such
signs must receive operating permits in accordance with the following schedule:
1. All portable signs, by 180 days after May 31, 1955.
0 2. All other signs located south of Interstate Highway 10 and west of State
Highway 288, by 180 days after May 31, 1985. O O
3. All other signs located south of Interstate Highway 10 and east of State
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Highway 288, by 270 days after May 31, 1985.
4. All other signs located north of Interstate Highway 10, by 360 days after
May 31, 1985.
(b) Operating Permits. In order to receive operating permfts, all such signs existing
on May 31, 1985, must conform to the requirements of Section 4607 and Section
4608 (a) through (1) when an operating permit Is Issued; with reference to the
remainder of this chapter, all such signs existing on May 31, 1985, must conform to
the requirements of this chapter as follows:
1. Existing portable signs must conform when an operating permit is
Issued.
2, Existing spectacular signs must conform with the provisions of Section
4608 (m) 1 when an operating permit is Issued; otherwise, existing
spectacular signs must conform six years after May 31, 1985.
3, Existing on-premise signs, unless portable signs or spectacular signs, if
they were legally and properly permitted or legally and properly exempt
from having a permit prior to May 31, 1985, must conform with the
provisions of Section 4611 herein when an operating permit is Issued
following six years after May 31, 1985. If such existing on-premise signs
were not legally and properly permitted or legally and properly exempt
from having a permit prior to May 31, 1935, they shall conform when an
operating permit Is Issued.
4. All other existing signs need not conform if they were legally and
properly permitted or legally and properly exempt from having a permit
prior to May 31, 1985, provided that when an operating permit Is Issued
following s;x years after May 31, 1985, such existing signs must conform
to the height, location, and size limitations of this chapter. If such other
existing signs were not legally and prop.xty permitted or legally and
properly exempt from having a permit prior to May 31, 1965, they shall ,
conform when an operating permit is Issued.
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ATTACHMENT 3
l
TEXAS LITTER ABATEMENT ACT
CHAPTER 741
H. B. No. 1529
An Act relWag to the revision of litter low,, Me reaurstlen el float; arovldlna
Oenalflm
81 it enacted by the Legislature of the state of Texas:
Section 1. The Texas Litter Abatement Act is enacted 21 to read as
follows:
ARTICLE 1. GENERAL PROVISIONS
Short title
Sec. 1.01. This Act may be cited as the 'texas Litter Abatement Act.
Conetrucuon of Act
Sec. 1.02.
The Code Construction Act (Article 54S9b-2, Vernon's Texas Civil
Statutes) applies to the construction of each provision of this Act except
as otherwise expressly provided by this Act.
ARTICLE I1 CERTAIN ACTIONS PROHIBITED OR RESTRICTED
Ulspoatng of solid waste regtrlcted
Sec. 2.01. (a) A person commits an offense If that person disposes
of trash, junk, garbage, refuse, unsightly matter, or other solid wade on
a public highway, right•of-way, other public or private property, or Into
inland or coastal waters of Texas without written consent of the owner,
the owner's agent, or the public official in charge of the property or we.
to r.
(b1 A person who commits an offense under this section Is. OMI convIc•
tion, subject to a fine of not leas than $15 nor more than $200
ra. Vernon's Ann.CIIAL wt. 1177-ts
r:.
13. PLATE IH - Sheet I of 16
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Right of Way Manual
67th LEGISLATURE-REGULAR SESSIOY Ch. 741
Dracarding refuse In cunnly park restricted
sec. 2.02. (a) in this section. "Leach" means an area in which the
public has acquired a right of use or an easement and that borders on the
seaward shore of the Cuff of Mexico or extends from the line of mean
low tide to the line of vegetation borderinr n the Gulf of bfexico.
(b) A person commits an offense if that person discards in a county
park situated in a county that has as one boundary the Cuff of bfexico
garbage, paper, or other refuse in a place that is not an officially desig-
nated refuse container or disposal unit.
(c) This section does not apply to a beach that is included within the
boundaries of a county park situated in a county that has as one bounda-
ry the Gulf of bfexico,
(d) A person who commits an offense under this section is, on convic-
tion, subject to a fine of not le-.a than $1 nor more than $200.
Disposing of refine lit rates restricted
Sec, 2.03. (a) A person commits an offense if that person, without
prior permission of the owner, stores, dumps, disposes of, or otherwise
places in a cave it chemical, is dead animal, sewage, trash, garbage, or
other refuse.
(b) A first offense under this section Is a Class C misdemeanor, A
second offense under this section is a Class A misdemeanor, A third or
subsequent offense under this section is a felony of the third degree,
Du,nnlna refine on or near t,tahway prohib'ted
Sec. 2.04. (a) In this section:
(1) "Refuse" means garbage, rubbish, and other decayable and nonde-
cayable waste, including vegetable matter and animal and fish carcasses.
The term does not include sewage from a public or private establishment
or residence.
(2) "Garbage" means all decayable wastes from public and private
establishments and restaurants, including vegetable, animal, and fish of-
fal and animal and fish carcasses. The term does not include sa.+age,
body wastes, or industrial by-products.
(3) "Rubbish" means all nondecayable wastes, except ashes, from a
public or private establishment or residence.
(4) "Junk" means all worn-out, worthless, and discarded material, in-
cluding odds and ends, old iren or other metal, glass, paper, and cordage,
(6) "Public highway" means the entire width between property lines
of a road, street, way, thoroughfare, bridge, public beach. or park In this
• state, not privately owned or controlled, if any part of the road, street,
way, thoroughfare, bridge, public beach, or park is opened to the public
for vehicular traffic, is used as a public recreational area, or is under the
state's legisfative jurisdiction through its police power.
(b) A municipal or private corporation, firm, or individual commits
an offense if that corporation, firm, or individual dumps, deposita, or
leaves refuse, garbage, rubbish, or Junk on a public highway in this state.
(c) A municipal or private corporation, firm, or individual commits
an offense if that corporation, firm, or individual dumps, deposits, or F + O
• leaves refuse, garbage, rubbish, or junk within Sia yards of a public
highway in this state, whether or not the refuse, garbage, rubbish, or
junk being dumped, deposited, or left, or the land on which refuse, $ar-
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Ch. 741 67th LEGISLATURE-REGULAR SESSION
bait, rubbish, or Junk is damped, deposited, or left belongs to the offend.
e r,
(d) Subsection (c) of this section does not apply if the refuse, gar-
bage, rubbish, or junk is processed and treated in accordance with rules
and standards adopted by the Texas Department of Health.
(e) This section does not apply to farmers in the handling of any-
thing necessary in the growing, handling, and care of livestock, or in the
erection, operation, and maintenance of improvements necessary in the
handling, threshing, and preparation of agricultural products.
(f) The Texas Department of Health ahall adopt rules and standards
regulating the processing and treating of refuse, garbage, rubbish, or
junk dumped, deposited, or left within 300 yards of a public highway.
(g) A person who commits an offense under this section is, on convic-
tion, subject to a fine of not lees than $50 nor more than $400, and each
day of the offense Is a separate offense. A county or district attorney
may bring suit for injunction to prevent or restrain a violation of this
section. A person affected or to be eff-cted by a violation is entitled to
enjoin the violation.
Throwing Injurious substance on highway prohibited
Sec. 2.05. (a) A person commits an offense If that person throws or
deposits on a highway a glass bottle, glass, a nail, a tack, wire, a can, or
any other alibstance likely to Injure a person, animal, or vehicle o- the
highway.
(b) A person who commits an offense under this section is, on convic-
tion, subject to the penalties and procedures provided by Sections 143
through 153, Uniform Act Regulating Traffic on Highways (Article
Vold. Vernon's Texas Civil Statutes).
Polluting water to the state prohibited
Sec. 2.06. The pollution of water In the slate la controlled by Chap-
ter 26, Water Code.
Throwing certain substances In or near Lake Lavon prohibited
See, 2.07. (a) A person commits an offense If that person throws,
leaves, or causes to be thrown or left wastepaper, glass, metal, a tin can,
refuse, garbage, waste, discarded or soiled personal property, or any oth•
er noxious or poisonous substance in the water of or near Lake Levon In
Collin County if the substance Is detrimental to fish or to a person fish.
login Lake Lavon.
(b) A person who commits an offense under this section Is, on convic-
tion, subject to a fine of not leas than $25 nor more than $100,
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ARTICLE Ill. REGULATING LITTER
Disposal of refuse m certain art" under controt of 11"ka
and Wildlife Department
See. 3.91, The Parks and Wildlife Commission may adopt rules to
govern the disposal of garbage, sewage, and refuse In state parks, public
• water in state parks, historic sites, scientific areas, and forts under the O •
control of the Parks and Wildlife Department in the manner provided by
Chapter 18, Parks and Wildlife Code.
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67th LEGISLATURE-REGULAR SESSION Ch. 741
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Hrgulallnp little on publle beuchrs
Sec. 3.02. The regulation of litter on public beaches Is controlled by
Subchapters C and D, Chapter 61, Natural Resources Code.
Regulating litter, garbage, refuse, and rubbish on Lake Sabine
Sec. 3.03. The governing body of the city of Port Arthur by ordi-
nance may prohibit the depositing or placing of litter, garbage, refuse, or
rubbish into or on the waters of Lake Sabine within the corporate limits
of the city.
ARTICLE IV. HIGHWAY BEAUTIFICATION
Definitions
Sec. 4.01. In this article:
(1) "Commission" means the Slate Highway and Public Transporta-
ticn Commission,
(2) "Interstate system" means that portion of the national system of
interstate and defense highAsya that rated officially by the commission andoapprovd tpursualntato Title 23,
United States Code.
(3) "Primary system" means that portion of connected main highways
located In thin state that is designated officially by t*a commission and
approved pursuant to Title 23, United States Code.
(4) "Outdoor advertising" or "sign" means an outdoor sign, display,
light, device, figure, painting, drawing, message, plaque, poster, billboard,
or other thing designed, intended, or used to advertise or inform, If any
part of the advertising or information content Is visible from a place on
the main-traveled way of the interstate or primary system.
(6) "Junk" means old or scrap copper, brass, rope, rags, batteries, pa-
per, trash, rubber, debriz, or waste, or junked, dismantled, or wrecked au-
tomobiles or automobile parts, or Iron, steel, and other old or scrap fer-
rous or nonferrous material.
(6) "Automobile graveyard" means an establishment or place of busi-
ness that is maintained, used, or operated for storing, keeping, buying, or
selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor
vehicle parts.
(7) "Junkyard" means an establfshment or ptace of business main-
tafned, used, or operated for storing, keeping, buying, or selling junk, for
processing scrap metal, or for maintaining or operating an automobile
• graveyard. The term includes parbage damps and sanitary tills,
(8) "Urbanized area" means an area defined by the commission in co-
operation with local officials, subject to the approval of the secretary of
the United Stales Department of Transportation, which as a minimum In-
cludes an urbanized area as defined by the United Stales Bureau of the
Census or that part of a multistate urbanized area touted in this state.
(9) "Urban area" means an area defined by the commission in cooper.
t ation with local officials, subject to the approval of the secretary of the
0 United States Department of Transportation, which as a minimum In-
eludes an urban place as designated by the United States Bureau of the
Census having a population of 5,000 or more and not located within an
urbanized area.
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Ch. 741 67th LEGISLATURE-REGULAR SESSION
Purpose of article
See. 402. Subject to the availability of state and federal funds, it is
the intent of the legislature to comply with the highway Beautification
Act of 1965 (Public Law 69-285) to the extent that it Is implemented by
Congress. This article is conditioned on the provisions of that law. The
legislature declares that to promote the health, safety, welfare, morals,
convenience, and enjoyment of the traveling public and to protect the
public investment in the interstate and primary highway systems, it is
necessary to regulate the erec'iorn and maintenance of outdoor advertis-
ing and the establishment, operation, and maintenance of junkyards and
automobile graveyards In areas adjacent to the Interstate and primary
systems. The legislature considers that the landscaping and developing
of recreational. areas, acquisition of interests in and improvement of
strips it land within, adjacent to, or within view of the interstate or pri-
mary system, which are necessary for the restoration, preservation, and
enhancement of scenic beauty, and developing publicly owned ■nd con-
trolled rest and sanitary facilities within or adjacent to highway rights-
of-way are means of protecting and providing for the general welfare of
the traveling public and promoting the safety of citizens using the'hlgh-
ways of this state.
Control of outdoor adcertwna
Sec. 4.03. (a) Except as provided by this section, a person commits
an offense if that person erects or maintains outdoor advertising within
660 feet of the nearest edge of a right-of-way if the advertising is visible
from the main-traveled wsy of the Interstate or primary system or erects
or maintains outdoor advertising outside an urban area if the advertising
is located more than 660 feet from the nearest edge of a right-of-way, is
visible from the main-traveled way of the interstate or primary system,
and was erected for the purpose of having its message seen from the
ma(n-traveled way of the interstate or primary system.
(b) A person does not commit an offense if that person erects and
maintains In an area proscribed by Subsection (a) of this section:
(1) a directional or other official sign authorized by law, including a,
sign pertaining to a natural wonder or a scenic or historic attraction;
(2) a sign advertising the sale or lease of the property on which it Is
located;
(3) it sign advertising activities conducted on the property on which
it is located;
(4) a sign located within 660 feet of the nearest edge of a right-of.
• way in an area In which the land use Is designated industrial or commer-
cial under authority of law;
(5) a sign located within 660 feet of the nearest edge of ■ right-of-
way in an area In which the land use is not designated Industrial or com-
mercial under authority of law but in which the land use is conslatent
with an area designated Industrial or commercial;
(6) a sign located on property within the limits proscribed by Subsec-
tion (a) of this section that has as its purpose the protectlon of life and
• property; or • •
(7) a sign erected on or before October 22, 1965, that the commisslea,
with the approval of the secretary of the United States Departram of
Transportation, determines to be ■ landmark sign of such historic or ar.
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671h LEGISLATURE-REGULAR SESSION Ch. 741
tistic significance that preservation is consistent with the purposes of
this section.
(c) The determination of whether an area is to be designated in-
dustrial or commercial shsll be based on actual land use under criteria
established by rules of the commission.
(d) The commission may adopt rules to regulate the orderly and ef.
fec,ive display of outdoor advertising consistent with the customary use
of ortdoor advertising In this state in an area in which the land use is
designated industrial or commercial under authority of law and in an
area in which the land use Is not designated industrial or commercial but
in which the land use Is consistent with areas designated industrial or
commercial in the manner provided by Subsection (c) of this section.
(e) The commission may enter into agreements with the secretary of
the c
United States Department of Transportation to regulate the orderly
and effective display of outdoor advertising In the areas described In
Subsection (d) of this section.
(f) The commission may purchase or acquire by eminent domain a
sign that is lawfully ;n existence on any highway in the interstate or pri-
mar) system.
(g) If the commission takes a sign, the commission shall pay just
compensation:
(1) to the owner for the right, title, leasehold, and Interest in the
sign; and
(2) to the owner or, if appropriate, the lessee of the real property on
which the sign Is located for the right to erect and maintain the sign.
Licenses
Sec, 4.04. (a) A person who has not obtained a license under this
article commits an offense if that person erects or maintains a sign:
(1) within 6G0 feet of the interstate or primary system, if the sign is
visible from the main-traveled way; or
(2) outside an urban area if the sign is located more than 660 feel
from the nearest edge of a right-of-way, is visible from the main-traveled
way of the interstate or primary system, and was erected for the purpose
of having its message seen from the main-traveled way of the interstate
or primary system.
(b) The commission shall Issue a license to a person who:
(1) completes the application form specified by the commission with-
in the time specified by the commission;
(2) pays the license fee of $25; and
(3) files with the commission a surety bond:
(A) in the amount of $2,500 for each county in the state in which the
! person erects or maintains outdoor advertising; and
(B) payable to the commission to reimburse it for removal costs of a
sign the licensee unlawfully erects or maintains.
(c) A person may not be required to provide mare than $10,000 In
surety bonds.
(d) The commission may revoke or suspend a license issued under
this section if the licensee:
' (1) violates a provision of this article; or
® (2) violates a commission rule adopted under this article. I
(e) A person whose license is revoked or suspended may appeal the
revocation or suspension to a district court in Travis County. The appeal
4 (Y PLATE 1B - Sheet 6 of 16
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Right of Way Manual
Ch. 741 671h LEGISLATURE-REGULAR SESSION
must be taken not later than the 15th day After! he day of the commission's
action.
Permits
Sec. 4.05. (a) A person who has a license commits an offense If that
person erects or maintains a sign for which a license is required by Sec.
tion 4.04(a) of this article unless that person also has a permit for that
sign.
(b) The commission shall adopt rules specifying:
(1) a reasonablc fee for each permit;
(2) the time for and manner of applying for a permit and the form of
the permit application; and
(3) the information that must be in a permit application.
(c) The commission ahalI issue a permit to a person with a license
whose license application complies with the commission's rules adopted
under Section 4.04 of this article and whose sign, if erected, would com-
ply with this article and the commission's rules adopted under Section 4.-
03(d) of this article.
(d) A permit Issued to control the erection and maintenance of out-
door advertising by a political subdivision of this state within the juris-
diction of the political subdivision shall be accepted In lieu cf the permit
required by this section if the erectiun and maintenance of outdoor ad-
vertisind is in compliance with Section 4.04 of this article and the com-
mission'a rules adopted under Section 4.03(d) of this article.
(e) Funds the commission receives under this article shall be deposit-
ed in the state treasury in a special fund to be known as the Texas high-
way beautification fund. The commission shall use the fund in the ad-
ministration of this article.
Exceptions
Sec. 4.06. (a) A person is not required to obtain a license or permit
to erect or maintain a sign advertising the sale or lease of the property
on which It is located.
(b) A person ]s not required to obtain a license or permit to erect or
maintain a sign that relates solely to an activity conducted on the proper-
ty on which the sign Is erected or maintained.
(c) This article does not ayply to a sign or marker giving Information
about the location of underground electric transmission lines, telegraph
or telephone properties and facilities, pipelines, public sewers, or water-
lines,
official Signs
Sec. 4.07. (a) The commission may designate ■nd provide official
signs that give specific Information of interest to the traveling public, in-
cluding specific brand names.
(b) The signs may be erected and maintained within rights-cf•way at
appropriate distances from Interchanges and at appropris'•.locations on
the interstate and primary systems.
• Control of Junkyards and automobile graveyards 0
Sec. 4.08. (a) A person commits an offense If that person establish-
es, operates, or maintains a junkyard or automobile graveyard If any por.
! PLATE IB - Sheet 7 of 16
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Right of way manual
67th LEGISLATURE-REGULAR SESSION Ch. 741
lion of it is within 1,000 feet of the nearest edge of a right-of-way of the
interstate or primary system, except:
(1) a junkyard or automobile graveyard screened by natural objects,
plantings, fences, or other appropriate means so that it is not visible
from the main :raveled way of the interstate or primary system; or
(2) a junkyard or automobile graveyarrt located in an area that is a
zoned or unzoned Indastriai area.
(b) The determination of whether an area Is to be designated in-
dustrial shall be based on actual land use under criteria established by
rules of the commission.
(c) The commission may screen with natural objects, plantings,
fences, or other appropriate means, a lawfully existing junkyard or auto-
mobile graveyard if the junkyard or automobile graveyard is within 1,000
feet of the nearest edge of a right-of-way of the interstate or primary
system. The commission may acquire ■n area outside of a highway
right-of-way so that a junkyard or automobile graveyard may be -reened
from the main-traveled way of the Interstate or primary system.
(d) The commission may adopt rules governing the location, planting,
construction, and maintenance of the materials used in screening junk-
yards and automobile graveyards.
(e) If the commission determines that screening a junkyard or auto-
mobile graveyard is not feasible, the comnhilsion shall pay just compensa•
lion to:
(1) the owner of the Junkyard or automobile graveyard for its Hccx-
tion, removal, or disposal; and
(2) the owner or, if appropriate, the lessee of the real properly on
which the junkyard or automobile graveyard is located for the taking of
the right to erect and maintain a junkyard or automobile graveyard.
(f) The commission shall compensate an owner of a junkyard or auto-,
mobile graveyard and an owner or lessee of real property on which the
junkyard or automobile graveyard Is located if the junkyard or automo-
bile graveyard is lawfully in existence on any highway In the interstate
or primary system.
Laiidscaping ano >cenie enhmrcement
Sec. 4.09. (a) The commission may acquire, improve, and maintain a
strip of land adjacent to a federal aid highway in this-state if the land is
necessary to restore, preserve, or enhance scenic beauty. The commission
may also acquire and develop rest and recreation areas and sanitary and
other facilities within or adjacent to a highway right-of-way if the area
or facility is necessary to accommodate the traveling public.
(b) The interest in land authorized by this section to be acquired and
maintained may be the fee simple or a lesser interest, as determined nec-
essary by the commission. The acquisition may be by gift, purehase, ex-
change, or condemnation.
Pon rrn of ucqufaltlon •
Sec, 4.10. (a) The commission may acquire by gift, purchnse, ex•
change, or condemnation land or an interest in land and properly or ■
property right of any kind or character that it considers necessary or
convenient to carry out this article. •
• (b) On delivery to and acceptance by the commissor, of instruments
conveying to the state an intercat in land, properly, or property rights
considered necessary or convenient by the commission to effectuate the
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ao. PLATE 1B - Sheet B of 16
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Ch. 741 67th LEGISLATURE-REGUUAR SESSION
purposes of this article, the commission shall prepare and transmit to the
comptroller of public accounts vouchers covering the commission's costs
in acquiring the interests in land, property, or property rights, and the
comptroller shall issue warrants on the appropriate account covering the
state's obligation as evidenced by the vouchers.
(c) Land owned by the state or by a state agency or department is
subject to the terms of this article.
(d) The exercise of the power of eminent domain authorized by this
article is the same as that authorized by Section 4, Chapter 300, Acts of
the 65th Legislature, Regular Session, 1957 (Article 6674w-4, Vernon's
Texas Civil Statutes).
,tetoMtng and disposal of surplus property
Sec. 4.11. (a) In the implementation of this article instruments con.
veying land or an interest in land to the state must be recorded In the
deed records of the county or counties In which the land is situated. The
state shall pay the fees for recording the instruments In the same manner
as fees are paid for the recording of highway right-of-way instruments
and in accordance with the laws of this state establishing fees to be
charged by the county clerk for the recording of these Instruments.
(b) Land or an interest in land acquired to carry out this article that
becomes surplus and is, in the opinion of the State Highway and Public
Transportation Commission, no longer needed by the state for the pur-
poses for which it was acquired or for highway purposes shall be dis-
posed of in accordance with the provisions of Chapter 99, General Laws,
Acts of the 42nd Legislature, Regular Session, 1931 (Article 6673s, Ver-
non's Texas Civil Statutes).
~ Penalty
Sec. 4.12. A person who wilfully commits an offense under this arti-
cle or wilfully violates any rule adopted by the commission in accordance
with this article Is, on conviction, subject to a fine of not less than $25
nor more than $200. Each day of the wilful offense or violation consti•
tutee a separate offense.
ARTICLE V. ABANDONED MOTOR VEHICLES
Definitions
Sec. 5.01. In (his article:
(1) "Police department" means the Department of Public Safety, the
police department of a city, town, or municipality, acting under the gen-
era] police power authority, as vested in the department by its respective
governing body, or the sheriff or a constable of a county.
(2) "Abandoned motor vehicle" means a motor vehicle that Is Inopera-
ble and more than eight year; old and left unattended on public property
for more than 48 hours, or a motor vehicle that has remained Illegally on
public property for a period of more than 4d hours, or a motor vehicle
that has remained on private property without the consent of the owner
t or person in control of the property for more than 48 hours, or a motor
vehicle left unattended on the right-of-way of a designated county, state,
(1 or federal highway within this state for more than 48 hours or for more
than 12 hours on a turnpike project constructed and maintained by the
J Texas Turnpike Authority,
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