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HomeMy WebLinkAbout26-1307ORDINANCE NO.26-1307 AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DOWNTOWN DENTON FOUNDATION A NOISE EXCEPTION FOR THE FALL TWILIGHT TUNES SERIES, WHICH WILL BE HELD ON THURSDAY, OCTOBER 1, OCTOBER 8, OCTOBER 15, OCTOBER 22, AND OCTOBER 29, 2026, FROM 6:00 P.M. TO 7:30 P.M. AT WOLFF'S PARK - 108 INDUSTRIAL STREET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, the City Council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby; and WHEREAS, The Downtown Denton Foundation has made an application to the City Council for an exception to Section 17-20 of the Code of Ordinances regarding sound levels and hours of operation, in connection with the Fall Twilight Tunes Series to be held at Wolff s in Denton, Texas, on Thursday, October 1, October 8, October 15, October 22, and October 29, 2026, from 6:00 p.m. to 7:30 p.m.; and WHEREAS, the City Council of the City of Denton, finds that granting a noise exception for this event, 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, the Downtown Denton Foundation is hereby granted an exception to said section's amplified sound prohibition subject to the following restrictions: 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 operation of the Fall Twilight Tunes Series at Wolff s Park in Denton, Texas, on Thursday, October 1, October 8, October 15, October 22, and October 29, 2026, from 6:00 p.m. to 7:30 p.m. 2. The Downtown Denton Foundation 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. The Downtown Denton Foundation agrees to cease using amplified loudspeakers on Thursday, October 1, October 6, October 15, October 22, and October 29, 2026, at 7:30 p.m. 4. Under no circumstances shall the Downtown Denton Foundation employ the use of amplified loudspeakers past 7:30 p.m. on Thursday, October 1, October 8, October 15, October 22, and October 29, 2026. 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 warning, hearing, or compensation, for any reason at all, or for no reason. 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 correction with this annual event, 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 Fall Twilight Tunes Series on Thursday, October 29, 2026, unless sooner repealed, modified, or rescinded. The motion to approve this Ordinance was made by George Ferrie and seconded by Nick Stevens. This Ordinance was passed and approved by the following vote [6 - 0]: Aye Mayor Chris Watts: Jordan E. 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. /�� it '/' / - CHRIS WATTS, MAYOR Page 2 of 3 ATTEST: KRISTI GILBERT, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY FUM Page 3 of 3