HomeMy WebLinkAbout26-1333ORDINANCE NO.26-1333
AN ORDINANCE OF THE CITY OF DENTON GRANTING JOERIS GENERAL
CONTRACTORS A NOISE EXCEPTION PURSUANT TO SECTION 17-20(c)(3)(f) OF THE
CITY OF DENTON CODE OF ORDINANCES WITH RESPECT TO SOUND LEVELS AND
HOURS OF OPERATION FOR APPROXIMATELY 26 CONCRETE PARKING LOT AND
FOUNDATION POURS UTILIZING CONCRETE PUMPS, GENERATORS, AND LIGHTS
RELATED TO THE CONSTRUCTION OF HEB BONNIE BRAE, GRANTING AN
INCREASE IN SOUND LEVELS AND A VARIANCE IN THE HOURS OF OPERATION
WHICH MAY BE AFFECTED BY WEATHER, FROM 2:00 A.M. TO 7:00 A.M. MONDAY
THROUGH FRIDAY, WITH SOUND NOT TO EXCEED 95 DECIBELS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20(c)(3)(0 of the Code of Ordinances of the City of
Denton, the City Council may make exceptions upon application for sound levels and/or hours of
operation when the public interest will be served thereby; and
WHEREAS, Joeris General Contractors has made an application to the City Council for an
exception to the provision of Section 17-20 of the Code of Ordinances regarding sound levels and
hours of operation for approximately 26 concrete parking lot and foundation pours utilizing
concrete pumps, generators, and lights related to the construction of HEB Bonnie Brae, with such
construction activity occurring from September 2026 through January 2027; and
WHEREAS, based upon the application materials provided by Joeris General Contractors,
the City Council of the City of Denton, finds that granting a noise exception for the described
construction activity, subject to the restrictions contained herein, would serve the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, Joeris General
Contractors is hereby granted an exception to said section's amplified sound prohibition subject to
the following restrictions:
1. This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of
the City of Denton, is granted only in connection with the construction of HEB Bonnie Brae
(weather permitting): September 2026, October 2026, November 2026, December 2026,
and January 2027.
2. Joeris General Contractors agrees to take full responsibility for ensuring that the conditions
of this exception are met and to take all reasonable measures necessary to avoid disturbing
persons of ordinary sensibilities in the immediate vicinity of the event.
3. Under no circumstances shall Joeris General Contractors start construction before 2 a.m.
on any day. This ordinance only grants exception during weekdays, Monday through
Friday.
4. Under no circumstances shall Joeris General Contractors use construction equipment that
exceeds 95 dba when measured from the perimeter of the source as measured by an
approved measuring instrument.
5. This Ordinance confers no personal or property rights, and may be amended, modified,
suspended, or revoked in whole or in part at the will of the City Council of the City of
Denton, without any advance warning, hearing, or compensation, for any reason at all, or
for no reason.
6. This Ordinance shall be strictly construed as an exception granted pursuant to Section 17-
20 of the Code of Ordinances of the City of Denton. The City of Denton expressly reserves
unto itself and all other persons any and all legal remedies, both civil and criminal, relating
to excessive noise in connection with the construction activity, and hereby disclaims any
promissory, or equitable estoppel which might in any way impede the pursuit of such
remedies by any person.
SECTION 2. This Ordinance shall be effective immediately upon its passage and approval
and shall expire upon the completion of the approximately 26 parking lot and foundation pours
on or before January 31, 2027, unless sooner repealed, modified, or rescinded.
The motion to approve this ordinance was made by George Ferrie and
seconded by Nick Stevens , the ordinance was passed and approved by
the following vote [6 _ 0 ]:
Aye
Mayor Chris Watts:
Jordan Villarreal, District 1:
Nick Stevens, District 2:
Suzi Rumohr, District 3:
Joe Holland, District 4:
George Ferrie, At Large Place 5:
Jill Jester, At Large Place 6:
Nay Abstain Absent
PASSED AND APPROVED this the 15th day of September, 2026.
d Vjag----
CHRIS WATTS, MAYOR
ATTEST:
KRISTI GIL ERT, CITY SECRETARY
BY:.
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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