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21-175821-1755 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON GRANTING THE VILLAGE CHURCH DENTON A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF DENTON CODE OF ORDINANCES FOR A CELEBRATION SERVICE, WHICH WILL BE HELD ON SUNDAY, OCTOBER 24, 2021, FROM 10:00 A.M. TO 11:00 A.M., AT NORTH LAKES PARK IN DENTON, TEXAS; GRANTING AN INCREASE IN SOUND LEVELS AND A VARIANCE IN THE HOURS OF OPERATION ON SAID DATE FROM 10:00 A.M. TO 11:00 A.M., WITH SOUND NOT TO EXCEED 75 DECIBELS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, the City Council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby; and WHEREAS, The Village Church Denton has made an application to the City Council for an exception to Section 17-20 of the Code of Ordinances regarding sound levels and hours of operation, in connection with a celebration service to be held at North Lakes Park in Denton, Texas, on Sunday, October 24, 2021; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, The Village Church Denton has consistently demonstrated an ability to responsibly operate a celebration service at North Lakes Park, at amplified sound levels restricted in Section 17-20 of the Code of Ordinances of the City of Denton, within the public interest, and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof, and WHEREAS, based upon past history, the City Council of the City of Denton, finds that granting a noise exception for this event, subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, The Village Church Denton is hereby granted an exception to said section's amplified sound prohibition subject to the following restrictions: This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of the City of Denton, is granted only in connection with the operation of the celebration service at North Lakes Park in Denton, Texas, on Sunday, October 24, 2021. 2. The Village Church 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. The Village Church Denton agrees to cease using amplified loudspeakers on Sunday, October 24, 2021 at 11:00 a.m. 4. Under no circumstances shall The Village Church Denton employ the use of amplified loudspeakers past t 1:00 a.m. on Sunday, October 24, 2021. 5. Under no circumstances shall The Village Church Denton employ the use of amplified loudspeakers that exceeds 75 dba for an outdoor event 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, 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. The City of Denton expressly reserves unto itself and all other persons any and all legal remedies, both civil and criminal, relating to excessive noise in correction 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 be effective immediately upon its passage and approval and shall expire upon the completion of the celebration service on Sunday, October 24, 2021, unless sooner repealed, modified, or rescinded. The motion to approve this Ordinance was made by ; c,, and seconded by (�� ; ��o� (Yl o`qy ; r �. This Ordinance was passed and approved by the following vote - 1: Mayor Gerard Hudspeth: Viki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6: Aye Nay Abstain Absent PASSED AND APPROVED this the 1_15. day of �� �� j �x'nb� , 2021. GERARD FILTDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY