1988-187NO gkinz_
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
EXTENSION OF A MORATORIUM ON THE ERECTION, CONSTRUCTION, OR
PLACEMENT OF THE FOLLOWING SIGNS OFF-PREMISE PORTABLE SIGNS, MORE
THAN ONE ON-PREMISE PORTABLE SIGN ON ANY ONE PREMISE, ALL GROUND
SIGNS OVER 150 SQUARE FEET IN SIZE OR OVER 30 FEET IN HEIGHT, AND
ALL GROUND SIGNS WITHIN 500 FEET OF ANOTHER GROUND SIGN ON THE SAME
PREMISE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR THIS ORDINANCE TO
BE IN EFFECT UNTIL AND INCLUDING FEBRUARY 21, 1989, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City Council adopted ordinance No 88-128,
providing for a moratorium on the erection or placement of certain
signs until December 6, 1988, and
WHEREAS, the City Council has determined that it is necessary
to extend the moratorium to provide additional time to complete
its review of proposed changes to the City's sign regulations,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That notwithstanding the provisions of article 17
of Appendix B-Zoning of the Code of Ordinances, no permit shall be
issued for any ground sign to be located within a non-residential
zoning district, which has an effective area greater than 150
square feet, a height greater than 30 feet, or which is to be
located within less than 500 feet of another ground sign on the
same premise, except as follows
A The provisions of this section shall not apply to ground
signs located along Interstate Highway 35, 35W, and 35E, and
U S Highways 377 and 380, for which a permit is required from
the Texas Department of Highways and Public Transportation
B. The provisions of this section prohibiting the issuance
of a permit for any ground sign over 30 feet in height shall
not apply to any medical emergency ground sign for which a
special exception is allowed in accordance with section "I
Special Exceptions Allowed" of article 17 of Appendix B-Zoning
of the Code of Ordinances
SECTION II That notwithstanding the provisions of article
17 of Appendix B-Zoning of the Code of Ordinances, it shall be
unlawful for any person to intentionally or knowingly erect or
place, or allow or cause any other person to intentionally or
knowingly erect or place, any off-premise portable sign on any
premise within the City of Denton
SECTION III. That notwithstanding the provisions of article
17 of Appendix B-Zoning of the Code of Ordinances, it shall be
unlawful for any person to intentionally or knowingly erect or
place, or allow or cause any other person to intentionally or
knowingly erect or place, more than one on-premise portable sign
on any one premise within the City of Denton
SECTION IV That it shall be unlawful for any person owning
or controlling any premise within the City of Denton to
intentionally or knowingly permit, allow, or cause any other person
to erect, construct, or place any sign on the premises owned or
controlled by that person, that would be in violation of any
provision of this ordinance
SECTION V That the words "off-premise", "ground sign",
"portable sign", "premise", "non-residential zoning district", and
"effective area", or any other word as used in this ordinance,
shall have the meaning respectively prescribed to them, if any, by
article 17 of Appendix B-Zoning of the Code of Ordinances
SECTION VI. That except as otherwise specifically provided
for in this ordinance, all the provisions of article 17 of Appendix
B-Zoning of the Code of Ordinances relating to administration and
enforcement of sign regulations shall apply to the signs regulated
by this ordinance, including but not limited to, the measurement
of the effective area and height of signs, the removal of unlawful
signs, and the identification and registration of portable signs
SECTION VII. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding Two
Thousand Dollars ($2,000) Each day that a provision of this
ordinance is violated shall constitute a separate and distinct
offense
SECTION VIII That the provisions of Sections I, V, and VI of
this ordinance shall become effective immediately upon passage of
this ordinance and shall thereafter continue to be in force and
effect until and including the 21st day of February, 1989
SECTION IX That all other sections of this ordinance shall
become effective fourteen (14) days from the date of its passage
and shall thereafter continue to be in force and effect until and
including the 21st day of February, 1989
SECTION X. That the City Secretary is hereby directed to
PAGE 2
cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the Z& day of ,
1988
RAY ST M NS, Z YOR
ATTEST
J NI E LTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
By _
PAGE 3
THE STATE OF TEXAS AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND BRAZOS ELECTRIC POWER
COUNTY OF DENTON COOPERATIVE FOR THE PURCHASE AND SALE
OF ELECTRIC FACILITIES AND EASEMENTS
Agreement made between the City of Denton, Texas, a municipal
corporation, ("Buyer"), and Brazos Electric Power Cooperative, Inc., a
corporation organized and operating pursuant to the Texas Electric
Cooperative Corporation Act, Article 1528b, V.T.C.S., ("Seller");
WHEREAS, Seller presently owns, maintains, and operates electrical
equipment and facilities within the County of Denton, Texas, to supply
customers with electrical services; and
WHEREAS, Seller has agreed to sale to Buyer and Buyer has agreed to
purchase from Seller a 69 KV electric transmission line and the associated
equipment and easements used therefore, as is more particularly described
herein;
NOW, THEREFORE, in consideration of the mutual consideration and
covenants contained herein, the parties agree as follows:
1.
In consideration of the sum of Thirteen Thousand Three Hundred Ninety
Dollars and Seventy Cents ($13,390.70), paid to Seller by Buyer, receipt
of which is hereby acknowledged, Seller does hereby sell, assign, and
convey to Buyer all its right, title and interest in that certain 69 KV
electric transmission line, including all poles, lines, wires, fixtures,
and appurtenances ("Facilities") and easements used in conjunction
therewith, located and described as follows:
Beginning from Seller's electric substation at Buyer's Spencer Road
Power Generating Plant and extending approximately 7.51 miles to the
junction of said line with Seller's 138 KV electric transmission line
located north of Seller's Canyon Substation, as shown in Exhibit "A",
attached hereto and incorporated herein by reference.
II.
The easements being assigned and conveyed herein include all those
easements described in Exhibit "B", attached hereto and incorporated
herein by reference.
III.
Seller covenants that it is the lawful owner of the Facilities and
easements herein conveyed; that they are free and clear of all
encumbrances of any kind; that Seller has the right and authority to sell
and dispose of the same as provided for herein; that all lawful
/N 'OON
requirements for the sale of Facilities have been performed by Seller;
that all necessary easements upon which the Facilities are located are
herein conveyed and assigned; and Seller binds itself and its successors
to warrant and forever defend the Facilities and easements to Buyer and
Buyers successors against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
IV.
Seller will promptly hereafter, if necessary, execute and deliver any
and all necessary assignments, deed, or documents necessary to effect the
conveyance of the property herein being purchased and sold.
EXECUTED this the LVd'ay of , 19t$'.
CI OF DENTON, TEXAS
BY: ✓
Y STEPHENS, MAYOR
ATTEST:
NIFER LTER , CITY SECRETARY
BRAZOS ELECTRIC POWER COOPERATIVE, INC.
4t~
G~
BY: L ~-Z' C /
RICHARD E. McCASKILL
EXECUTIVE VICE PRESIDENT AND
GENERAL MANAGER
ATTEST:
Asst, to the Secretary
PAGE TWO
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