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18-1711•' � ' • i . ��� . * � � * '� :� �! '' i� � . . . . � � 1 • �! • •'� . • � � # • �� , • •: '' 1 : '• •• ; • 11 '' � • • '�' • • � � � •• . .. . .• . � � � �� �. � �► • � � � � �� � � �••' � � � '"• 1' � �. WHEREAS, pursuant to Section 17-20 of the Code af Ordinances of the City of Denton, the Back Dough + Bands ("Festival") has made an application to the City Cauncil for an exception to the provision restricting hours of aperation for an outdoor music festival, in connection with the Festival held at the Queenie's Steakhouse private parking lot located at 115 E. Hickory Street, from the limitations impased by Sectian 17- 20 af the Code of Ordinances of the City af Denton, Texas, granting a variance in hours of operation far amplified sound levels for an outdaar music festival on October 21, 2018, fram noon to 5:00 p.m.; and WHEREAS, upon approval by the City Council of the City of Denton, Back Dough + Bands agrees to respansibly aperate the Festival held at the Queenie's Steakhouse parking lot lacated at 115 E. Hickory Street, an a day restricted in Section 17-20 of the Code af Ordinances of the City af Denton, within the public interest, and without materially dlsturbing persans of ordinary sensibilities in the immediate vicinity thereof; and WHEREAS, based upon past history, the City Cauncil of the City of Denton, Texas, finds that granting a naise exception for similar events, subject ta the restrictians contained herein, would serve the public interest; NOW, THEREFORE, • • • � • • � ••�• SECTION 1. Pursuant to Section 17-20 af the Code of Ordinances, the Back Daugh + Bands festival is hereby granted an exceptian to said section's amplified saund prahibition subject to the follawing restrictions: This exception to the limitations imposed by Section 17-20 af the Cade of Ordinances af the City of Denton, Texas, is granted only in cannection with the operation af the Back Dough + Bands festival at the Queenie's Steakhouse parking lot located at 115. E. Hickory Street. 2. The event organizer agrees to take full respansibility far ensuring that the conditions of this exception are met and to take all reasonable measures necessary ta avoid disturbing persons of ordinary sensibilities in the immediate vicinity af the event. 3. The event organizer agrees ta cease using ampliiied loudspeakers at 5:00 p.m. an Sunday, Octaber 21, 2018. � �' ......# •.,.. _ �...� -�� � - ��. r ' •:� ��_ "*��. • •��.... 'f .!� � f'�� '... �'. � �. �� � • ..'... . � � '�. � . . . '�� �� f',' ._ � i�. . 5, Under na circumstances shall the Festival employ the use of amplified loudspeakers that exceed the 70 dba for an autdoar cancert 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, madified, suspended, or revoked in whole or in part at ihe will of the City Cauncil of the City of Dentan, withaut any advance warning, hearing, or compensatian, for any reason at all, ar far no reasan. 7. This ordinance shall be strictly construed as an exception granted pursuant to Section 17-20 af the Code of Ordinances of the City of Dentan, Texas. The City of Dentan, expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating ta excessive noise in connection with this annual event and hereby disclaims any pramissory, or equitable estoppel which might in any way impede the pursuit of such remedies by any persan. SECTION 2. This Ordinance shall became effective immediately upon its passage and approval. The motion to approve this ordinance was made by _��„�°� ���'r �-�M;�_��� ��,����,� n, �� ����.:.�� and seconded by m m,�� ��-����� �� ����P„ ��.���;�� � , the ordinance was passed and approved by the ���llc�r�vi���� vote � Q] Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: � �°""° Keely G. Briggs, District 2:� �� Don Duff, District 3: ��`` Jahn Ryan, District 4: �"'` Deb Armintar, At Large Place 5: �""�� Paul Meltzer, At Large Place 6: _��f PASSED AND APPROVED this the ���� day of __ ��, mmmmm , 2018. CHW_.... A , MAYOR.. ��..���.__.�......._ ATTEST: JENNIFER WALTERS, CITY SECRETARY : �:['I���OVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �� � ' �,) c^� � �"� °� � � � �� �,� � � � � � BY: � � �' � �--- ....... _ �.... �.e.�.