1970-027 NO
AN ORDINANCE G~ANTING TO THE GOVERNING BOARD OF NORTH TEXAS
STAT~ UNIVERSITY JURISDICTION AND CONTROL OF THE PARKING LANES
WITHIN CERTAIN DESCRIBED STREET PORTIONS WHICH ABUT PROPFRTY
OWNE~ BY THE STATE OF TEXAS, PROVIDING LIMITATIONS TO SUCH JUR-
ISDICTION AND CONTROL, PROVIDING A PFNALTY FOR VIOLATING PRO-
VISIONS THEREOF, PROVIDING A SAVINGS CLAUSE, AND DFCLARIN~ AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HFRFBY ORDAINS
SECTION I
That, the Governlng Board of North Texas State Unlverslt¥
be, and is hereby, granted and delegated jurisdiction and control
of the parking lanes wlth~n the street port~ons described ~n Sec-
tlon II hereof, which street portions abut propertV owned by the
~tate of Texas and under the control of sa~d North Texas State
University, for the followlng purposes
(a) To asslgn parking spaces and deslqnate parking areas
and thelr use, and assess a charge therefor~
(b) Prohibit parking as it deems necessary,
(e) Remove vehicles parked in violation of its rules
and regulations, Laws of the State of Texas, or
Ordinances of the Clty of Denton, at the expense
of the vlolator,
(d) Issue traffle t~ckets in compliance with the pro-
cedure established by the Denton Municipal Court,
and set forth in qect~on III hereof,
(e) Enforce such regulations and traffic laws through
lts commissioned peace officers jointly w~th C~tv
of Denton Police Officers
SECTION II
That sa~d street portlons are as follows
Sycamore Street, both s~des, from Avenue A
to Welch,
Prairie Street, north side, from Avenue C,
west approxlmately 400 feet,
Prairie Street, south s~de, from Avenue E to
Avenue C and from Avenue A to Welch,
Highland Street, north s~de, from Avenue E
to Weteh,
Maple Street, north s~de, from N T S U pro
perty llne approximately 200 feet east of
Avenue C to Avenue A,
H~hland Street, south s~de, from Avenue A
west approximately 300 feet (~n widened area
only), and from 50 feet west of Avenue B to
200 feet east of Avenue C (~n w~dened area
only),
Avenue A, east side, from Mulberry to Maple,
Avenue A, west side, from Mulberry to Eagle,
Avenue B, both sides, from Maple to Eagle,
Avenue C, east side, from Mulberry to H~ghland
and from Maple to Eagle,
Avenue C, west side, from Sycamore to Highland,
and from Maple to Eagle,
Avenue D, east s~de, from Prairie to H~ghland, and
Avenue D, west side, from Chestnut to Maple
Provlded, however, that no parking shall be permitted upon
any street port~on described above which ~s contrary to any pro-
vls~on of Revised C~v~l Statutes Article 6701d, ~ect~on 95,
or to any C~ty OrdInance pertaining to any such street portion
dated subsequent hereto
SECTION III
That the procedure upon arrests of v~olators shall be as
follows
(a) Whenever a person ~s arrested for any v~olatlon of
a C~ty Ordinance or State Law, and such person ~s not immedi-
ately taken before the Judge of the Municipal Court, the arrest-
lng officer shall prepare in triplicate written notice to appear
in the Municipal Court of the Clty of Denton, Texas, on a form
approved by the C~ty Attorney, containing the name and address
of such person, the license number of h~s vehicle, when and
where such person shall appear an court, and any other ~nforma-
tlon requlred by the C~t¥ Attorney, Provided, however, that the
offense of speedlng shall be the only offense making mandatory
the ~ssuance of a written not~ce to appear in court and only
then ~f the arrested person gives h~s written promise to appear
· n court by s~gn~ng ~he written not~ce prepared by the arresting
officer, And provided further it shall not be mandatory ~or an
off~oer to ~ve a written notice to apDear ~n court to any per-
son arrested for the offense of speeding when such person ~s
operating a vehicle l~censed ~n a State or Country other than
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the State of Texas or who is a resident of a State or Country
other than the State of Texas
(b) The time specified in said notice to appear must be
at least ten (10) days after the issuance unless the person
arrested shall demand an earlier hearing
(c) The arrested person, in order to ~ecure release as
provided herein, must give his written promise to so appear in
court by signing ~n triplicate the written notice prepared by
the arresting officer The original of sa~d notice shall be
retained by said officer and the flrst copy thereof delivered
to the person arrested, Thereupon said officer shall forthwith
release the person arrested from custody
(d) Any person violating his written promise to appear
before the Municipal Court, qlven as provided in th~s ordinance,
is guilty of a m~sdemeanor regardless of the disposition of the
charge upon which he was originally arrested, and upon convic-
tion thereof shall be fined as provided in the Code of Ordinances
(e) In case of fire, emergency, or to expedite traffic,
North Texas State University Peace Officers may direct traffic as
condltlons may require, and ~t shall be unlawful for any person
to fall to comply with any lawful order or direction of any ~uch
officer
SECTION IV
It shall be unlawful for the dr~ver of any vehicle to d~sobey
the instructions of any traffic sign, signal or marking construct-
ed, ~nstalled or painted within the area described in Section II
of th~s ordinance, when same are authorized by the Governlnq
Board of North Texas State University, unless such driver is
otherwise d~rected by a police officer
All such trafflc signs, signals or markings ~hall be deemed
authorized by sald Govern~n~ Board
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SECTION V
Notwithstanding any of the provlslons of thl~ ordinance,
all officers commissioned by the Governing Board of North Texas
State University may be authorlzed and empowered by the said board
to enforce rules and regulations promulgated by it regarding
students and personnel Nothing here~n ~s ~ntended to l~mlt or
restrict the authority of such lnstltutlon bo promulgate and en-
force appropriate rules and regulations for the orderly conduct
of the Institution ~n carrylng out its purposes and objectives or
the rlght o~ separate ]urlsdlct~on relating to the conduct of ~ts
students and personnel
SECTION VI
~o provision of th~s ordinance shall be so construed as to
llmlt the police powers of the C~ty of Denton, or to l~mlt ~n
any manner its law enforcement jurisdiction
SECTION VII
That ~f any section, subsection, paragraph, sentence, clause
phrase or word ~n th~s ordinance, or application thereof to any
person or c~rcumstances ~n held ~nval~d by any court of competent
]urlsd~ctlon, such holding shall not affect the valldlty of the
remaln~ng portlons of th~s ordlnance, and the City Council of
the City of Denton, hereby declares ~t would have enacted such
remaining portions desplte any such ~nvalldlty
SECTION VIII
Any person who v~olates any provision of th~s ordinance
shall be deemed guilty of a mlsdemeanor, and, upon conv~ctlon,
shall be punished by a fine not to exceed Two Hundred ($200 00)
Dollars Each day such viotat~on shall continue or be permitted,
shall be treated as a separate offense
SECTION IX
That this ordinance shall take effect fourteen (14) days
from the date of ~ts passage, and the C~ty ~ecretary ~s hereby
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directed to cause the caption of this ordinance to be published
twice ~n the Denton Record-Chronicle w~th~n ten (10) days of
the date of its passage
PASSED AND APPROVED this the .~ day of August, A D 1970
ALEX~LNDER M '~I~LAY(, ~R/~ MAYOR
CITY OF DENTON, TEX~%~ ~'
ATTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LFGAL FORM
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