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2020-007 - On-Street Parking by UNTDate: January 17, 2020 Report No. 2020-007       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide an update on the on-street parking that is control by the University of North of North Texas. BACKGROUND: In early December, Mayor Pro-Tem Hudspeth indicated that citizens should be able to park on public streets within the UNT campus without a permit and that the university is using public street for income. The Mayor Pro-Tem also requested a report that provides the agreements between the two entities that controls on-street parking within the campus. The following is a summary of the agreements between the two entities. Since the mid 1960’s the City of Denton has granted authority of regulating on-street parking to the University of North Texas (UNT) through the City’s Municipal Code (Chapter 18-151 and 18-152, which is attached as Exhibit 1). The City granted and delegated jurisdiction and control of parking lanes within the street portions that abut property owned by the state (UNT) for the following purpose;  To assign parking spaces and designate parking areas and their use and assess a charge  To prohibit parking as it deems necessary  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  To issue traffic tickets in compliance with the procedure established by the City of Denton Municipal Court  To issue parking tickets in compliance with the procedures established by the University of North Texas Police Department  To enforce traffic laws through its commissioned peace officers jointly with city police officers  To enforce parking regulations through its commissioned peace officers and public safety officers As included in the City’s existing code (Exhibit 1), the authority of regulating on-street parking around the UNT campus as granted is shown on a map as Exhibit 2. Through the years, some internal streets within the UNT campus changed as the boundaries of the UNT campus changed. This resulted in the increase of the number of streets abutting the state (UNT) property. These changes required updates to the section of the municipal code (18-152) that listed the street segments. In 2006 and 2017 the section of the code was amended via council Date: January 17, 2020 Report No. 2020-007       action (ordinances, 2006-358 and 2017-184) to remove, change or add street segments within the UNT campus. These ordinances are reflected in Exhibit 3 and Exhibit 4 respectively. The changes in the 2006-358 ordinance amendment included administrative cleanups such as updated street names that had changed throughout the years and removed Edwards Street from the list of streets that UNT was authorized to regulate parking. The 2017-184 ordinance was an update to the 2006-358 ordinance wherein a two-hour parking restriction was imposed along sections of Avenue A, Fry Street, Hickory Street and Oak Street. Additionally, Central Avenue from Eagle Drive to Maple Street was added to the list of streets that UNT was authorized to regulate parking along. Based on the review of the City’s municipal code, subsequent agreements between the City and UNT and the related ordinances, the City does not receive any portion of the revenue generated by traffic and parking citations and enforcement. These revenues are used by UNT to support their ongoing efforts of regulating traffic and parking along City streets within the UNT campus. Currently, there are several street segments particularly in the Fry Street area that have a two-hour (restricted time) free parking from 8 am to 5 pm that is available for public use. To designate and implement additional free parking within the UNT campus, the City would have to revise the terms of the agreements between the two entities and City Council would need to adopt a new ordinance. NEXT STEPS: At City Council’s direction, City staff can begin meeting with UNT officials to begin discussions to modify the on-street parking restrictions along public street within the UNT campus. STAFF CONTACT: Pritam Deshmukh Deputy City Engineer Pritam.Deshmukh@cityofdenton.com Exhibit 1 – UNT Parking Code Exhibit 2 – UNT_Parking Map Exhibit 3 – Ordinance 2006-358 Exhibit 4 – Ordinance 2017-184 Sec. 18‐151. ‐ 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: (3) To assign parking spaces and designate parking areas and their use and assess a charge therefor; (4) To prohibit parking as it deems necessary; (5) 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; (6) To issue traffic tickets in compliance with the procedure established by the City of Denton Municipal Court; (7) To issue parking tickets in compliance with the procedures established by the University of North Texas Police Department; (8) To enforce traffic laws through its commissioned peace officers jointly with city police officers; (9) To enforce parking regulations through its commissioned peace officers and public safety officers. (Code 1966, § 24-171; Ord. No. 2001-226, § 1, 6-19-01; Ord. No. 2003-082, § 1, 2-25-03) State Law reference— City delegation of parking regulation authority, V.T.C.A., Education Code § 105.93. Sec. 18‐152. ‐ 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: (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; (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. (26) Kendolph Street, both sides, between Eagle Drive and Wilshire 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. (Code 1966, § 24-172; Ord. No. 91-133, § I, 8-20-91; Ord. No. 2001-226, § 1, 6-19-01; Ord. No. 2003-082, § 1, 3-25-03) OAKHICKORYEAGLEWELCHMAPLEBERNARDHIGHLANDAVE AAVE CIOOFAVE BNORTH TEXASFANNINSTELLAPRAIRIEAVE HAVE GCOLLINSPEAKMULBERRYFRYAVE DGREGGLOUISECOLLIERAVE FNEFFSYCAMORE BONNIE BRAECENTRALMARGIEUNIONCHESTNUTKENDOLPHNORMANUNDERWOODJAGOEBRYANMILLERFOUTSFULTONTHOMASNORMALPONDERMOUNTSBRADLEYMARIETTAMCCORMICKHIGHLAND PARKOAKPRAIRIEAVE BAVE DAVE CCHESTNUTAVE CAVE CSYCAMOREAVE GMULBERRYAVE AAVE CBONNIE BRAELegendUNT Street ParkingSymbolCurrentRequestedUNT PropertySymbolCurrentAdditional (from Master Plan)Requested Street Parking - University of North TexasExhibit 2LOT 55HICAVE BYYAVE BAAAAVE AOCKORYYC D NO, 2017-184 III Willi 11 1 1 11 WHEREAS, on December 19, 2006 by Ordinance No. 2006-358, the City of Denton and the University of North Texas entered into an Interlocal Agreement for the regulation of parking by the University of North Texas on certain Denton public streets; and WHEREAS, the University of North Texas desires to change rates charged at specific parking meter locations pursuant to the Interlocal Agreement and the Interlocal Agreement requires the City of Denton's approval; and WHEREAS, Denton is amenable to the rate changes requested by the University of North Texas; NOW, THEREFORE, SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City of Denton is agreeable to the proposed rate change at numbered locations 1, 13, 14, and 19 as specified in the Interlocal Agreement and below, to free two hour on -street parking 8 am to 5 pm, Monday - Friday: 1. Avenue A, both sides, from Hickory Street to Mulberry Street; 13, Fry Street, both sides, from Oak Street to Hickory Street; and 14, Hickory Street, both sides, from Avenue B to Welch Street; and 19. Oak Street, both sides, from Avenue B to Welch Street. SECTION 3. The City of Denton further authorizes the City Manager, or in his absence, his designee, to permit the UNT Transportation Services to enforce parking as regulated by the City on both sides of Central Ave from Eagle Drive to Maple Street. SECTION 4. Following the passage of this Ordinance, UNT shall remove the meter heads on the street locations identified above within thirty calendar days. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof of any person or circumstance 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. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of I IRIS "1'S MAY01X ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO 1 AS "O LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY 2017..