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2001-226AN oRDINANcE oF THE C TY OF DE ON, TEXAS mENDIN 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 SBVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS ~ That Section 18-151 and 18-152 of the Code of Ordmanccs of the C~ty of Denton shall be mended to read as follows Article V. Special Regulations at University of North Texas Sec. 18-151. Authority granted to board of university; purposes. The govermng board of the Umverslty of North Texas ~s hereby granted and delegated jurisdiction and control of the parking lanes wlttun the street portions described ~n section 18- 152, wlueh street portions e~ther (1~ abut property owned by the state and under the control of the Umversxty of North Texas, or (2) are delegated to the Umvers~ty of North Texas through the Fry Street Small Area Plan, for the following purposes (1) To assign parlang spaces and designate parking areas and their use and assess a charge therefor, (2) To prohibit parking as ~t deems necessary, (3) To remove vehicles parked ~n molat~on of its roles and regulations, the laws of the state, or the ordinances of the city, at the expense of the?~olator, (4) To issue traffic tickets m compliance with the procedure estabhshed by the City of Denton Mtmlmpal Court, (5) To issue parktng tickets m comphance w~th the procedures established by the Umverslty of North Texas Police Department, (6), To enforce traffic laws through its commissioned peace officers jointly with city pohce officers, (7) To enforce parking regulations through its commissioned peace officers and public safety officers (C~de 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 Umverslty of North Texas has been delegated junsd~ction and control pursuant to section 18- 151 are as follows 1 Avenue A, both stales, fi.om Hickory Street to Mulberry Street, 2 Avenue A, both sides, from Chesmut Street to Prame Street, 3 Avenue A, both sides, from Hxghland Street to Eagle Drive, 4 Avenue B, both sides, from Hickory Street to Mulberry Street, 5 Avenue B, both s~des, fi.om Maple Street to Eagle Drive, 6 Avenue C, both sides, fi.om 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 redes, fi.om Highland Street to Maple Street, 11 Chestnut Street, both sides, from Avenue A to Bernard Street, Page 2 of 4 12 Chestnut Street, both sxdcs, from Avenue C to Avenue E, 13 Edwards Street, both sides, from Avenue E to Avenue D, 14 Fry Street, both s~des, from Oak Street to Hmkory Street, 15 H~ckory Street, both redes, from Avenue B to Welch Street, 16 Hxghland Street, both sides, from Avenue E to Bernard Street, 17 Maple Street, both s~des, from Avenue D to Bernard Street, 18 Mulberry Street, both redes, from Avenue D to Avenue B, 19 Mulberry Street, both s~des, from Avenue A to Bernard Street, 20 Oak Street, both s~des, from Avenue B to Welch Street, 21 Prmne Street, both sides, from Avenue A to Bernard Street 22 Sycamore Street, both s~des, from Welch Street to Bernard Street, 23 Sycamore Street, both s~des, from Avenue C to Avenue D, 24 Sycamore Street, south s~de, from Avenue E to Avenue D, 25 Welch Street, both sides, from Mulberry Street to Oak Street (b) However, no parkang shall be permitted upon any street portion described ~n subsection (a) of th~s section wluch is contrary to any prowslon of the Texas Transportatxon Code, or to any ordinance pertaining to any such street portion SECTION 2 That the Cxty Manager, or m h~s absence, his designee, is hereby authorized to execute an Interlocal Agreement between the C~ty of Denton and the Umvemty of North Texas, substanttally in the form of the attached agreement, to delegate the authority to enforce parking laws to the Umvermty of North Texas Police Department for the streets or portions of the streets named m the Fry Street Small Area Plan as well as all streets or pomons of streets previously delegated and hsted in th~s ordinance SECTION 3 That ff any sectmn, subsection, paragraph, sentence, clause, phrase or word m this ordinance, or application thereof to any person or c~rcumstances Is held mvahd by any court of competent jurisdiction, such holding shall not affect the validity of the rematmng port~ons of this ordinance, and the C~ty Council of the C~ty of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity Page 3 of 4 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 remmn ~n full fome and effect SECTION 5 That ttus ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED thls the //q~dayof &~/~r/~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPI~I~VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / Page 4 of 4 THE STATE OF TEXAS § 1NTERLOCAL AGREEMENT COUNTY OF DENTON § This Interlocal Agreement is made between the City of Denton, Texas, hereinafter referred to as "the City" and the Umvemty of North Texas, heremaf~er referred to as "the Umvers~tv.- the effective date of the Interlocal Agreement being ,2001 WHEREAS, City and Umvers~ty mutually desire to be subject to the provisions of V T C A, Government Code, Chapter 792, the Interlocal Cooperation Act, and WHEREAS, both part,es have the ablhty to perform the governmental fimct~ons set forth ~n the body of this contract and agree that there is fair, valuable and adequate consideration for the mutual obhgatxons undertaken, NOW, THEREFORE, it is mutually agreed by the parties hereto as follows The City, through its City Council, hereby delegates to the Umversxty the authority to regulate the parking of vehicles on the following Denton pubhc streets runmng through or ~mmedlately adjacent to property owned or occupied and controlled by the University, to w~t 1 Avenue A, both sides, fi.om Hmkory Street to Mulberry Street, 2 Avenue A, both sides from Chestnut Street to Prame Street, 3 Avenue A, both sides, fi.om H~ghland Street to Eagle Drive, 4 Avenue B, both sides fi.om Hickory Street to Mulben'y Street, 5 Avenue B, both sides, from Maple Street to Eagle Drive, 6 Avenue C, both sides, fi.om Hickory Street to Eagle Drive, 7 Avenue D, east side from Hickory Street to Sycamore Street, 8 Avenue D, both sides, fi.om Highland Street to Eagle Drive, 9 Avenue D, both sides, fi.om Sycamore Street to Chestnut Street, 10 Central Street, both sides, fi.om Highland Street to Maple Street, 11 Chestnut Street, both sides, from Avenue A to Bernard Street, 12 Chestnut Street, both sides, fi.om Avenue C to Avenue E, 13 Edwards Street, both sides, fi.om Avenue E to Avenue D, Page 1 of 3 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 Prame 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 s~des, from Mulberry Street to Oak Street On the above streets, the Umvemty 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 prohlbl~ parking, and (4) to charge and collect a fee for removing vetueles parked m violation of law oRhnance or an violation of a rule governing the parking of vehicles adopted by the Boards of!Regents of the Umvemty The University agrees to leave ex~stmg parkmg meters on Avenue A, Fry Street, and Hickory Street The Unlvemty 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 ~ts law enforcement juns&ctlon, (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 Umversaty under other law to enforce laws, orrhnances, or rules regulating traffic or parking This Interloeal Agreement shall be automatically renewable for successive periods of one year unless either party gives sixty (60) days written notme to termination to the other party prior to the begamung of the renewable term ' Sxjg~d and executed this the J q/~ day of (/./dJLL. , 2001, by the appropnate re--rives of the City and the Umvemt~, the effective date of the agreement to be ('3/d~t.e~ /o/ ,2001 Page 2 of 3 CITY OF DENTON, TEXAS MIC~ CONDUFF, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY UNIVERSITY OF NORTH TEXAS PWSIDENT ATTEST BY [7Y~, EXECUTIVE ASSISTANT %~ THE PRESIDENT Page 3 of 3