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1995-126E:\WPDOCS\ORD\NTFAIR.O AN 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, North Texas State Fair Association has made application to the City Council for an exception to the provision of that same section restricting the operation of ampli- fied loudspeakers after 10:00 p.m., in connection with the North Texas State Fair And Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location for eleven days between August 15 and August 31 of each year; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, North Texas State Fair Association has consistently demonstrated over the past three years an ability to responsibly operate amplified loudspeakers in connection with the North Texas State Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fair- grounds, 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 disturbing 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 except~0n 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, North Texas State Fair Association is hereby granted an exception to this 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 North Texas State Fair and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fair- grounds, for eleven days between August 15 and August 31 of each year. 2. North Texas State Fair Association 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. North Texas State Fair Association agrees to cease using amplified 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 circumstances shall the annual event employ the use of amplified loudspeakers between the hours of 1:00 a.m. and 7:00 a.m. 5. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason. 6. This ordinance 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 itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. SECTION II. That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or resg%~nded. BOB CASTLEBERRY, MAY~ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 2