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HomeMy WebLinkAbout2001-226 s\Oar DX9mdtA0rd1a=C*\Wwkk90WnM0 19-I5I Nenian 2 do ORDINANCE NO — AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 18-151 AND 18-152 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO DELEGATE THE AUTHORITY TO ENFORCE PARKING LAWS TO THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT FOR THE STREETS OR PORTIONS OF STREETS NAMED IN THE FRY STREET SMALL AREA PLAN AS WELL AS ALL STREETS OR PORTIONS OF STREETS PREVIOUSLY DELEGATED AND LISTED IN THIS ORDINANCE, AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR THE ENFORCEMENT OF PARKING REGULATIONS BY THE UNIVERSITY OF NORTH TEXAS IN THE AREAS DESCRIBED WITHIN THIS ORDINANCE, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That Section 18-151 and 18-152 of the Code of Ordinances of the City of Denton shall be amended to read as follows Article V. Special Regulations at University of North Texas Sec. 18-1S1.Authority granted to board of university; purposes. The governing board of the University of North Texas is hereby granted and delegated jurisdiction and control of the parking lanes within the street portions described in section 18- 152, which street portions either (1) abut property owned by the state and under the control of the University of North Texas,or (2) are delegated to the University of North Texas through the Fry Street Small Area Plan, for the following purposes (1) To assign parking spaces and designate parking areas and their use and assess a charge therefor, (2) To prohibit parking as it deems necessary, (3) To remove vehicles parked in violation of its rules and regulations, the laws of the state, or the ordinances of the city, at the expense of the violator, 5 Our Oocum09111Ordlnanca\ODWWWn8 ON"NO 18 151 W mon 2 doe (4) To issue traffic tickets in compliance with the procedure established by the City of Denton Municipal Court, (5) To issue parking tickets in compliance with the procedures established by the University of North Texas Police Department, (6), To enforce traffic laws through its commissioned peace officers jointly with city police officers, (7) To enforce parking regulations through its commissioned peace officers and public safety officers (Code 1966, 24-171) State law reference — City delegation of parking regulation authority, V T C A, Education Code 105 93 Sec. 18-1$2 Streets under university jurisdiction, parking restrictions. (a) The portions of the streets for which the governing board of the University of North Texas has been delegated,jurisdiction and control pursuant to section 18- 151 are as follows �I 1 Avenue A,both sides, from Hickory Street to Mulberry Street, 2 Avenue A,both sides, from Chestnut Street to Prairie Street, 3 Avenue A,both sides, from Highland Street to Eagle Drive, 4 Avenue B,both sides, from Hickory Street to Mulberry Street, 5 Avenue B,both sides, from Maple Street to Eagle Drive, 6 Avenue C,both sides, from Hickory Street to Eagle Drive, 7 Avenue D, east side, from Hickory Street to Sycamore Street, 8 Avenue D,both sides, from Highland Street to Eagle Drive, 9 Avenue D,both sides, from Sycamore Street to Chestnut Street, 10 Central Street,both sides, from Highland Street to Maple Street, 11 Chestnut Street,both sides, from Avenue A to Bernard Street, Page 2 of 4 S Our DocnmmWOrdinumeA004P46ft Ordioroce 16 151 2Varion 2 doc 12 Chestnut Street,both sides, from Avenue C to Avenue E, 13 Edwards Street,both sides, from Avenue E to Avenue D, 14 Fry Street,both sides, from Oak Street to Hickory Street, 15 Hickory Street,both sides, from Avenue B to Welch Street, 16 Highland Street,both sides, from Avenue E to Bernard Street, 17 Maple Street,both sides, from Avenue D to Bernard Street, 18 Mulberry Street,both sides, from Avenue D to Avenue B, 19 Mulberry Street,both sides, from Avenue A to Bernard Street, 20 Oak Street,both sides, from Avenue B to Welch Street, 21 Prairie Street,both sides, from Avenue A to Bernard Street 22 Sycamore Street,both sides, from Welch Street to Bernard Street, 23 Sycamore Street,both sides, from Avenue C to Avenue D, 24 Sycamore Street, south side, from Avenue E to Avenue D, 25 Welch Street,both sides, from Mulberry Street to Oak Street (b) However, no parking shall be permitted upon any street portion described in subsection (a) of this section which is contrary to any provision of the Texas Transportation Code, or to any ordinance pertaining to any such street portion SECTION 2 That the City Manager, or in his absence, his designee, is hereby authorized to execute an Interlocal Agreement between the City of Denton and the University of North Texas, substantially in the form of the attached agreement, to delegate the authority to enforce parking laws to the University of North Texas Police Department for the streets or portions of the streets named in the Fry Street Small Area Plan as well as all streets or portions of streets previously delegated and listed in this ordinance SECTION SECTIQN 3 That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity Page 3 of 4 S\Our O0ruromul0rWn4=0\OD\PukIn80+dlo a IS 151 2Vamon 2 doe SECCTION 4 That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect SECTION 5 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the A0 day of , 2001 EULINE BROCK,MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 4 of 4 S\Our Documcnt6Wm tr&cUN Vnlv=Iy SVoM Vcr 1 doe THE STATE OF TEXAS § INTERLOCAL AGREEMENT COUNTY OF DENTON § This Interlocal Agreement is made between the City of Denton, Texas, hereinafter referred to as "the City" and the University of North Texas, hereinafter referred to as "the University," the effective date of the Interlocal Agreement being 2001 WHEREAS, City and University mutually desire to be subject to the provisions of V T C A , Government Code, Chapter 792, the Interlocal Cooperation Act, and WHEREAS, both parties have the ability to perform the governmental functions set forth in the body of this contract and agree that there is fair, valuable and adequate consideration for the mutual obligations undertaken, NOW, THEREFORE, it is mutually agreed by the parties hereto as follows The City, through its City Council, hereby delegates to the University the authority to regulate the parking of vehicles on the following Denton public streets running through or immediately adjacent to property owned or occupied and controlled by the University, to wit 1 Avenue A,both sides, from Hickory Street to Mulberry Street, 2 Avenue A,both sides, from Chestnut Street to Prairie Street, 3 Avenue A,both sides, from Highland Street to Eagle Drive, 4 Avenue B,both sides, from Hickory Street to Mulberry Street, 5 Avenue B, both sides, from Maple Street to Eagle Drive, b Avenue C, both sides, from Hickory Street to Eagle Drive, 7 Avenue D, east side, from Hickory Street to Sycamore Street, 8 Avenue D,both sides, from Highland Street to Eagle Drive, 9 Avenue D,both sides, from Sycamore Street to Chestnut Street, 10 Central Street,both sides, from Highland Street to Maple Street, 11 Chestnut Street,both sides, from Avenue A to Bernard Street, 12 Chestnut Street,both sides, from Avenue C to Avenue E, 13 Edwards Street,both sides, from Avenue E to Avenue D, Page 1 of 3 3 Our Dmummta\Coutr1et0MUn1vm11y Streets Ver 4.60e 14 Fry Street,both sides, from Oak Street to Hickory Street, 15 Hickory Street,both sides, from Avenue B to Welch Street, 16 Highland Street,both sides, from Avenue E to Bernard Street, 17 Maple Street,both sides, from Avenue D to Bernard Street, 18 Mulberry Street,both sides, from Avenue D to Avenue B, 19 Mulberry Street,both sides, from Avenue A to Bernard Street, 20 Oak Street,both sides, from Avenue B to Welch Street, 21 Praine Street,both sides, from Avenue A to Bernard Street 22 Sycamore Street, both sides, from Welch Street to Bernard Street, 23 Sycamore Street,both sides, from Avenue C to Avenue D, 24 Sycamore Street, south side, from Avenue E to Avenue D, 25 Welch Street,both sides, from Mulberry Street to Oak Street On the above streets, the University is authorized (1) to assign and regulate parking spaces for its use, (2) to charge and collect a fee from its personnel and students for parking, (3) to prohibn�parking, and (4) to charge and collect a fee for removing vehicles parked in violation of law ordinance or in violation of a rule governing the parking of vehicles adopted by the Boards ofiRegents of the University Toe University agrees to leave existing parking meters on Avenue A, Fry Street, and Hickory Street The University also agrees no changes will be made to the existing meters without the agreement of the City It Is further agreed that this Interlocal Agreement does not (1) limit the police power of the City of its law enforcement jurisdiction, (2) render campus peace officer an employee of the City or er4trtle a campus peace officer to compensation from the City, or(3) restrict the power of the University under other law to enforce laws, ordinances, or rules regulating traffic or parking This Interlocal Agreement shall be automatically renewable for successive periods of one year unless either party gives sixty (60) days written notice to termination to the other party prior to the beginning of the renewable term Si ed and executed this the 9 day of , 2001, by the appropriate representatives of the City and the Universitf, the effective date of the agreement to be 2001 Page 2 of 3 S 10ur Pocvmcm\0ontroclaWUnivenity Stteav Ver 2 doc CITY OF DENTON, TEXAS BY ec fbs MIC CONDUFF, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY1 )11 un APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY UNIVERSITY OF NORTH TEXAS BY �O� / PRtSIDENT ATTEST BY EXECUTIVE ASSIST NT T& THE PRESIDENT Page 3 of 3