1998-144AN ORDINANCE OF THE CITY OF DEMON, TEXAS, GRANTING, PURSUANT TO
SECTIO 20-1Cc) 2 OF CODE OF oRDrNANCES Or THE CITY OF DEMON, TEXAS,
AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT
TO HOWS OF OPE TION OF AN LO OSPE R SYSTEM,
PROVIDING AN EFFECTWE DATE
WHEREAS, by Ordinance No 95-126, the C~ty Council granted the North Texas State Faar
Assocxat~on a three-year exeeplaon from the reqturements of Section 20-1(e)(2) of the Code of
Or&nanees of the City of Denton, Texas ("Code") and that exceptaon has expired, and
WHEREAS, pursuant to Section 20-1(c)(2) of the Code, North Texas State Fmr Assocmt~on
has made lappheat~on to the City Council for an exceptlnn to the prows~on of that same seetmn
restnctmgI the operation of amphfied loudspeakers after 10 00 p m, m eonneetaun w~th the North
Texas State Fmr And Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State
Fairgrounds m Kmabrough Park, and m connection vath smd request, has requested the exception to
be granted on an ongoing bas~s for smd annual event at smd loea~aon for eleven days between
August 15, and August 31 of each year, and
WHEREAS, upon prior apphcatmn and approval by the City Council of the C~ty of Denton,
Texas, North Texas State Fmr Assocmtmn has consistently demonstrated over the past three years
an ab~hty ~o responsibly operate amphfied loudspeakers m connection w~th the North Texas State
Fmr and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fmrgrounds,
at tunes past the hours defined ~n §20-1(c)(2) of the Code, w~ttun the pubhc mterest and w~thout
matenally~d~sturbmg persons of ordinary senslb~ht~es ~n the amine&ate wennty thereof, and
WHEREAS, based upon tins past tustory, the C~ty Council of the C~ty of Denton, Texas
finds that [granting an exceptmn for tbas annual event on an ongomg bas~s for a three-year period,
subject to the resmctaons contained herem, would serve the pubhc anterest, NOW, THEREFORE,
THE COLYNCIL OF THE CITY OF DEMON HEREBY ORDAINS
SgCTION I. That, pursuant to §20-1(c)(2) of the Code of Ordinances, North Texas State
Fatr Assoemt~on ~s hereby granted an exception to th~s section's 10 00 p m hm~tat~on upon the
operation of amphfied loudspeakers, subject to the con&t~ons hsted below
1 Ttus exception ~s granted onlv m connection w~th the operation of the North Texas
State Fair and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fa~r-
grounds, for eleven days between August 15 and August 31 of each year
2 North Texas State Fair Association agrees to take full responslbfl~ty for ensunng
that the eon&txons of thts exeept~nn are met, and to take all reasonable measures necessary
to iavo~d &sturbmg persons of ordinary sensxbflmes xn the tmme&ate wcnnty oft_he event
3 North Texas State Fair Association agrees to cease usmg amphfied loudspeakers
at 12:00 midnight Monday through Thursday, 1:00 a.m Friday and Saturday and
11:00 p.m. on Sunday
4 Under no c~rcumstances shall the annual event employ the use of amphfled
loudspeakers between the hours of 1 00 a m and 7 00 a m
5 Ttus ordinance confers no personal or property rights, and may be amended,
mo&fled, superseded or revoked m whole or in part at the will of the C~ty Cotmml of the
Ctty of Denton, Texas, w~thout any advance warmng, hearing or compensation, for any
mason at all, or for no reason
6 This ordinance shall be strictly construed as an exception granted pursuant to §20-
1(c)(2) of the Code of Ordinances of the C~ty of Denton, Texas The C~ty of Denton, Texas
expressly reserves unto ~tself and all other persons any and all legal remethes, c~val or
cflmmal, relating to excessive no,se m connection with tins annual event, and hereby ohs-
claims any pmrmssory or eqmtable estoppel Much maght m any way nnpede the pursmt of
such remethes by any person
~ That tins ordinance shall become effective immediately upon ~ts passage and
approval, and expire three years hence, unless sooner repealed, mo&fled or resmnded
AND APPROVED th~s the o~/~d9 day of~.,~~, 1998
PASSED
JACK ~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY ..~lldrl, _ t71 __J_a..;
HERBERT L PROUTY, CITY ATTORNEY
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