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Agreement

AGREEMENT

FOR CARRYING OUT N ATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR ADVERTISING IN AREAS ADJACENT TO THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM.

This agreement made and entered into this 10th day of OCT, 1984 by and between the United States of America, represented by the Secretary of Transportation, acting by and through the Federal Highway Administrator, hereinafter referred to as the "Administrator" and the State of Tennessee, represented by the Department of Transportation, acting by and through its Commissioner, hereinafter referred to as the "State".

WITNESSETH:

WHEREAS, on or about November 11, 1971 the parties hereto entered into agreement, hereinafter referred to as the "Original Agreement", to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the National policy to protect the public investment in the Interstate and Federal-aid Primary Systems, to promote the safety and recreational value of public travel and to preserve natural beauty; and

WHEREAS, the General Assembly of the State of Tennessee authorized the Commissioner of Transportation to enter into the Original Agreement; and

WHEREAS, the General Assembly provided that any modification of the Original Agreement should become effective only upon passage of an Act authorizing same by the General Assembly; and

WHEREAS, the General Assembly has authorized certain amendments to the Original Agreement, said amendments being set forth in Chapter 133, Section 4 of the Public Acts of 1983; and

WHEREAS, the General Assembly authorized the Commissioner of Transportation to execute a modification of the Original Agreement to reflect said amendments.

NOW, THEREFORE, the parties hereto agree that the Original Agreement shall be amended as follows:

SECTION 1. Provision I. (Definitions) Part D. (Unzoned Commercial or Industrial Areas) of the Original Agreement is amended by deleting the following language and punctuation:

"Unzoned commercial or industrial areas means those areas on which there is located one or more permanent structures devoted to a commercial or an industrial activity or on which a commercial or an industrial activity is actually conducted, whether or not a permanent structure is located thereon,"

and by substituting instead the following language and punctuation:

"Unzoned commercial or industrial areas means those areas on which there are located one or more permanent structures within which a commercial or an industrial business is actively conducted, and which are equipped with all customary utilities facilities and open to the public regularly or regularly used by employees of the business as their principal work station, or which, due to the nature of the business, are equipped, staffed and accessible to the public as is customary,".

SECTION 2. Provision III. (State Control) Part B. (Size of Signs), 1. of the Original Agreement is amended by deleting the provision in its entirety and by substituting instead the following:

"The maximum area for any one sign shall be seven hundred seventy-five square feet, including any border and trim but excluding ornamental base or apron supports and other structural members; provided further however that in counties having a population greater than two hundred fifty thousand, the maximum size of any one sign shall be twelve hundred square feet including any border and trim, but excluding ornamental base or apron supports and other structural members."

SECTION 3. Provision III. (State Control) Part B. (Size of Signs), 3. of the Original Agreement is amended by deleting the language:

"but the total area of any facing may not exceed 1200 square feet",

and by substituting instead the following:

"but the total area of any facing may not exceed seven hundred seventy-five square feet, unless the sign structure is located in a county having a population greater than two hundred fifty thousand, in which case the total area of any facing may not exceed twelve hundred square feet inclusive of any border and trim, but excluding ornamental base or apron supports and other structural members.".

SECTION 4. Provision III. (State Control} Part B. (Spacing of Signs) 1. (a) of the Original Agreement is amended by deleting from lines 1, 2, 3, 4 and 6 the symbol and word "500 feet" and by substituting instead the symbol and word "1,000 feet".

SECTION 5. Provision III. (State Control) Part B. (Spacing of Signs) 1.(b) of the Original Agreement is amended by deleting from line 2 the symbol and word "500 feet" and substituting instead the symbol and word 111,000 feet".

SECTION 6. Provision III. (State Control) Part B. (Spacing of Signs) 2.(a) of the Original Agreement is amended by deleting from line 2 the symbol and word "300 feet" and by substituting instead the symbol and word "500 feet".

SECTION 7. All other provisions of the Original Agreement shall remain in full force and effect.

SECTION 8. This agreement shall become effective upon execution.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officials on the day and date first above written.

Title: Approval Signatures - Description: This image is of two signatures. The first is of Robert Farris, Commissioner of the Tennessee DOT in 1984. The second is of teh FHWA Administrator in 1984.

Updated: 09/05/2014
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