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WHEREAS, pursuant to Sectian 17-20 af the Code of Ordinances of the City of Dentan,
Texas, the Denton Cinco De Mayo ("Festival") has made application to the City Council for an
exception to the provision restricting saund levels for an autdaar music festival, in connection with
the Festival held at Quakertown Park, fram the limitations impased by Section 17- 20 of the Code
of Ordinances of the City af Denton, Texas, granting amplified sound levels from 70 ta 75 decibels
for an outdoor music festival fram 10 a.m. to 10 p.m. on Saturday, May 5, 2018s and
WHEREAS, upon prior application and appraval by the City Council of the City of Dentan,
Texas, Dentan Cinco De Mayo Festival has consistently demonstrated an ability ta responsibly
operate the annual event held at Quakertown Park, at days restricted in Section 17-20 af the Code
of Ordinances of ihe City of Denton, Texas, wiihin the public interest, and without materially
disturbing persons of ardinary sensibilities in the immediate vicinity thereaf; and
WHEREAS, based upon this past history, the City Council of the City of Denton, Texas
finds that granting a noise exception for this event, subject ta the restrictions cantained herein,
would serve the public interest; NOW, THEREFORE,
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SECTION 1. Pursuant to Section 17-20 of the Cade of Ordinances, the Denton Cinco De
Maya Festival is h
ereby granted an exception ta said section's amplified saund prohibitian subject
to the follawing restrictians:
This exceptian to the limitations imposed by Section 17-20 of the Cade of
Ordinances af the City af Denton, Texas, is granted anly in cannection with the
operatian of the Denton Cinca De Mayo Festival annual event at Quakertown Park.
2. The Festival agrees ta take full responsibility for ensuring that the conditions of this
exceptian are met, and ta take all reasonable measures necessary to avoid disturbing
persans af ardinary sensibilities in the immediate vicinity of the event.
The Festival agrees to cease using amplified laudspeakers at 10 p.m. on Saturday,
May 5, 2018.
4, Under no circumstances shall the Festival emplay the use of amplified laudspeakers
past 10 p.m. on Saturday, May 5, 2018.
s:\legal\our documents\ordinances\18\cincodemayonoiseord.doc
5. Under no circumstances shall the Festival employ the use of amplified loudspeakers
that exceed the requested increase of dba of 75 for an outdoor concert when
measured from the perimeter of the source as measured by an approved measuring
instrument.
6. This ordinance confers no personal or property rights, and may be amended,
modified, suspended, 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 shall be strictly construed as an exception granted pursuant to
Section 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 disclaims any promissory, or equitable estoppel which
might in any way impede the pursuit of such remedies by any person.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval, unless sooner repealed, modified, or rescinded.
PASSED AND APPROVED this the _����_ day of �° ���'° _ , 2018.
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CHRIS .,�_------------------------- ____________..............._
WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
� �'1'���°�VED AS'TO LEGAL FORM:.
AARON C � �.��_.� CITY ATTO���J ���:'�
BY. � �4 _ -� .,��'� � ' �������"� �� �1