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2012-040s:llegal\our documents\ordinances112135 denton ordinance.doc ORDINANCE NO. 2� 12-�40 AN ORDINANCE TO ALLOW EXCLUSIVE USE OF CITY PROPERTY FOR AN EVENT AT WILLIAMS TRADE SQUARE AND HICKORY STREET BETWEEN 1NDUSTRIAL AND AUSTIN STREETS; FOR AN EXCEPTION TO THE NOISE ORDINANCE TO HAVE 1NCREASE 1N DECIBEL LEVEL TO 75 DECIBELS AND FOR AMPLIFIED SOUND ON SUNDAY; AND FOR THE STREET CLOSURES TO TR.AFFIC BEGINNING AT 7:00 A.M. ON FRIDAY, MARCH 9, 2012, AND CONCLUDING AT 11:00 P.M. ON SUNDAY, MARCH 11, 2012; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the City of Denton ("City") is the owner of Williams Trade Square; 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 Denton meets the defuution of Outdoor Music Festival pursuant to Section 17-2 of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the 35 Denton 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 loudspealcers, in connection with the 35 Denton annual event held at Williams Trade Square, and Hickory Street, and in connection with said request, has requested the exception to be granted for said annual event at said location for three days, March 9-11, 2012; 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 Denton, is requesting that Hickory Street between Industrial and Austin 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 Friday, March 9, 2012, and concluding at 11:00 p.m. on Sunday, March 11, 2012, for the purpose of having the 35 Denton; and WHEREAS, Wallace tenants and property owners these streets; and �I Campbell, representing the 35 Denton, has assured the City that the in this area have been contacted regarding the temporary closing of WHEREAS, the 35 Denton is open to the general public of the City and County of Denton; 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 between Industrial Street and Austin Street from the hours of 7:00 a.m. on Friday, March 9, 2012, through 11:00 p.m. on Sunday, March 11, 2012; NOW, THEREFORE, Page 1 of 3 s:llegallour documents\ordinances112\35 denton ordinance.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Pursuant to § 17-20 of the Code of Ordinances, the 35 Denton is hereby granted an exception to Section 17-201imitation, for a period of three days, upon the time periods and sound level for outdoor music festivals, subject to the conditions listed below: Sound levels shall not exceed 75 dba at the established perimeter of the 35 Denton event. 2. This exception is granted only in connection with the operation of the 35 Denton annual event at Williams Trade Square, Hicicory Street between Industrial and Austin Streets for three days between March 9 through March 11, 2012. 3. The 35 Denton 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 Denton agrees to cease exceeding the sound levels of Section 17-20 at 10:00 p.m. for each night beginning Friday through Sunday, March 9 through March 11, 2012. 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. 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. 7. This ordinance sha11 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 a11 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 2. A portion of Hickory Street between Industrial and Austin Streets, 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 Friday, March 9 through 11:00 p.m. on Sunday, March 11, 2012, for the purpose of having the 35 Denton provided, however, that the following condition be met by the 35 Denton: The 35 Denton will remove all trash and debris from the streets and the parking lot areas after the 35 Denton. 2. The 35 Denton will be responsible for a11 barricades and signage required during the street closures. Page 2 of 3 s:\legallour documents\ordinances\12135 denton ordinance.doc SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. g� J��GL'''�' PASSED AND APPROVED this the �� � day of �' , 2012. MARK A. B UGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � BY: Page 3 of 3