2003-082s:wvpxommmwNwmeeWllPmtlpg Udmeoce 1e-151.2Vmim 2,d
ORDINANCE NO. JOUR- 60,0A
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
ADD KENDOLPH STREET BETWEEN EAGLE DRIVE AND WILSHIRE STREET TO THE
STREETS DELEGATED TO THE UNIVERSITY OF NORTH TEXAS POLICE
DEPARTMENT FOR THE ENFORCEMENT OF PARKING LAWS; 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. 18-151. 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:
(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;
(4) To issue traffic tickets in compliance with the procedure established by the City
of Denton Municipal Court;
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(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. 18-152 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;
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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.
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 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.
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SECTION 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 6 ✓ - day of 2003.
E INE BRO Y R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
W
APPRO ED AS O LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: lQ/rlt~ / " o ,
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THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL AGREEMENT
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
////a L P G~ o~Jr 2003.
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;
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;
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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, from Eagle Drive to Wilshire 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 prohibit 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 of Regents of the University.
The 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 entitle 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.
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Signed and executed this the 15l Ai day of
` a-L(?,k , 2003, by the appropriate representatives of the City and the
University, a effective date of the agreement to be jy1 1('1i , ,5 2003.
CITY OF DENTON, TEXAS
B W4 K
CHAEL A. CONDUFF, C AGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Mm I
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: I
UNIVERSITY OF NORTH TEXAS
ATTEST
BY: rL1>
Chief of Police
University of North Texas
BY:
Vice Chancellor and eral Counsel
University of North exas
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