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1996-053AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c) (2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND SETTING AN EFFECTIVE DATE WHEREAS, pursuant to §20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, the Denton Festival Foundation has made application to the City Council for an exception to the provision of that same sectzon restricting the operation of amplified loud- speakers after 10 00 p m., in connection with the Denton Arts & Jazz Festival annual event held at the Civic Center Park, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location the last Sunday in April from noon until 8 00 p m , and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, the Denton Festival Founda- tion has consistently demonstrated over the past four years an ability to responsibly operate amplified loudspeakers in connection with the Denton Arts & Jazz Festival annual event held at Civic Center Park, at times past the hours defined in §20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, within the public interest and without materially d~sturblng persons of ordinary sensibilities in the immediate vicinity thereof, and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions contained herein, would serve the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That, pursuant to §20-1(c) (2) of the Code of Ordinances, the Denton Festival Foundation is hereby granted an exception said section's 10 00 p m lImitation upon the operation of amplified loudspeakers, subject to the conditions listed below 1 This exception is granted only in connection with the operation of the Denton Arts & Jazz Festival annual event at the Civic Center Park, on the last Sunday in April from noon until 8 00 p m 2 The Denton Festival 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 sensibili- ties In the immediate vicinity of the event 3 The Denton Festival Foundation agrees to cease uszng amplified loudspeakers at 8 00 p m 4 Under no c~rcumstances shall the annual event employ the use of amplified loudspeakers before noon or past 8 00 p m on Sunday 5 This ordmnance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the w~ll of the C~ty Council of the City of Denton, Texas, w~thout any advance warning, hearing or compen- sation, for any reason at all, or for no reason 6 Thzs ordznance shall be strictly construed as an excep- tion granted pursuant to §20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas The City of Denton, Texas expressly reserves unto ~tself and all other persons any and all legal remedies, c~vll or criminal, relating to excessive noise ~n connection with this annual event, and hereby dis- claims any promlssory or equztable estoppel whlch might zn any way impede the pursuit of such remedies by any person SECTION II That th~s ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded PASSED AND APPROVED this the ~ day of ~ 1996 ATTEST BOB CASTLEBERRY, MA~ ~ JENNIFER WALTERS, CITY SECRETARY / APPROVED AS TO L~G32h ~OR~ HEREERT L PRO~TY, CITY ATTORNEY PAGE 2