2011-027\\codad\departments\1ega1\our documents\ordinances\11\35 conferette event draft4.doc
ORDINANCE NO. 2011-027
AN ORDINANCE TO ALLOW EXCLUSIVE USE OF CITY PROPERTY FOR AN EVENT
AT WILLIAMS TRADE SQUARE AND HICKORY STREET BETWEEN LOCUST STREET
AND BELL AVENUE FOR THE SALE AND CONSUMPTION OF ALCOHOL ON CITY
PROPERTY CONTINGENT ON A FULLY EXECUTED CONTRACT WITH AN
APPROVED VENDOR; FOR AN EXCEPTION TO THE NOISE ORDINANCE TO HAVE
INCREASE IN DECIBEL LEVEL TO 75 DECIBELS AND FOR AMPLIFIED SOUND ON
SUNDAY; AND FOR THE STREET CLOSURES TO TRAFFIC BEGINNING AT 7:00 A.M.
ON THURSDAY, MARCH 10, 2011, AND CONCLUDING AT 12:00 MIDNIGHT ON
SUNDAY, MARCH 13, 2011; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the owner of Williams Trade Square; and
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages for at the 35 Conferette. Any sale and consumption of alcoholic
beverages shall be subject to a fully executed contract with an approved vendor; and
WHEREAS, by Ordinance No. 2009-062, the City Council amended the noise ordinance
and exceptions were allowed as to sound levels and hours of operation when the public interest will
be served thereby for outdoor music festivals; and
WHEREAS, the 35 Conferette meets the definition of Outdoor Music Festival pursuant to
Section 17-2 of the Code of Ordinances of the City of Denton, Texas; and
WHEREAS, the 35 Conferette has made application to the City Council for an exception to
the provisions of Sections 17-20 of the Code regarding sound levels and time of use of amplified
loudspeakers, in connection with the 35 Conferette annual event held at Williams Trade Square,
Hickory Street, and the Courthouse lawn, and in connection with said request, has requested the
exception to be granted for said annual event at said location for four days, March 10-13, 2011; 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, subject to the restrictions contained herein,
would serve the public interest; and
WHEREAS, Wallace Campbell, representing the 35 Conferette, is requesting that Hickory
Street from Locust Street to Bell Avenue and surrounding streets within the corporate limits of the
City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 7:00
a.m. on Thursday, March 10, 2011, and opening at 12:00 midnight on Sunday, March 13, 2011, for
the purpose of having the 35 Conferette; and
WHEREAS, Wallace Campbell, representing the 35 Conferette, has assured the City that
the tenants and property owners in this area have been contacted regarding the temporary closing of
these streets; and
WHEREAS, the 35 Conferette is open to the general public of the City and County of
Denton; and
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1lcodadldepartmentsl1ega1\our documentslordinances111\35 conferette event draft 4.doe
WHEREAS, in order to provide adequate space for the said event and in order to protect the
safety of citizens who attend, the City Council of the City of Denton deems it is necessary to
temporarily close a portion of Hickory Street from Locust Street to Bell Avenue from the hours of
7:00 a.m. on Thursday, March 10, 2011, through 12:00 midnight on Sunday, March 13, 2011;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to §17-20 of the Code of Ordinances, the 35 Conferette is hereby
granted an exception to Section 17-20 limitation, for a period of four days, upon the time periods
and sound level for outdoor music festivals, subject to the conditions listed below:
1. Sound levels shall not exceed 75 dba at the established perimeter of the 35
Conferette event.
2. This exception is granted only in connection with the operation of the 35 Conferette
annual event at Williams Trade Square, Hickory Street and Courthouse lawn for four days
between March 10 through March 13, 2011.
3. The 35 Conferette 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.
4. The 35 Conferette agrees to cease exceeding the sound levels of Section 17-20 at
10:00 p.m. for each night beginning Thursday through Sunday, March 10 through March 13,
2011.
5. Under no circumstances shall the annual event permit sound levels exceed the
requirements of Section 17-20 of the Code between the hours of 10:00 p.m. and 7:00 a.m.
6. The 35 Conferette shall discontinue amplified sound on the main stage for 45
minutes during the two weddings held at the First United Methodist Church; one on
Saturday, March 12, 2011, at 4:30 p.m. and the second one on Sunday, March 13, 2011, at
3:00 p.m.
7. 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 compensation, for any
reason at all, or for no reason.
8. This ordinance shall be strictly construed as an exception granted pursuant to § 17-20
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.
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\\codad\departments\1ega1\our documents\ordinances\11\35 conferette event draft 4.doc
SECTION 2. A portion of Hickory Street from Locust Street to Bell Avenue, public
streets within the corporate limits of the City of Denton, Texas, be temporarily closed to
vehicular traffic between the hours of 7:00 a.m. on Thursday, March 10 through 12:00 midnight on
Sunday, March 13, 2011 for the purpose of having the 35 Conferette provided, however, that the
following condition be met by the 35 Conferette:
1. The 35 Conferette will remove all trash and debris from the streets and the parking lot
areas after the 35 Conferette.
2. The 35 Conferette will be responsible for all barricades and signage required during the
street closures.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of Gf2 , 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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