23-534ORDINANCE NO. 23-534
AN ORDINANCE OF THE CITY OF DENTON GRANTING BBL BUILDING COMPANY A
NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF DENTON CODE
OF ORDINANCES, WITH RESPECT TO SOUND LEVELS AND HOURS OF OPERATIONFOR CONSTRUCTION OF NEW MULTI-FAMILY BUILDINGS, WHICH WILL BEGENERALLY PERFORMED ON EIGHTEEN INSTANCES, ONE TO FIVE TIMES EACHMONTH FOR THE MONTHS OF MARCH, APRIL, MAY, JUNE AND JULY FROM 2:00A.M. TO 8:30 P.M., AT THE NEW LOCATION OF MULTI-FAMILY BUILDING SITES AT2850 N BONNIE BRAE ST; GRANTING AN INCREASE IN SOUND LEVELS AND AVARIANCE IN THE HOURS OF OPERATION WHICH MAY BE AFFECTED BYWEATHER, FROM 2:00 A.M. TO 8:30 P.M., WITH SOUND NOT TO EXCEED 85DECIBELS; 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, BBL Building Company has made such application for eighteen instances of
pouring of continuous concrete foundations held at 2850 N Bonnie Brae St. for new multi-family
buildings, with said request being for the months of March 2023, April 2023, May 2023, June
2023, and July 2023, for one to five days of each of the aforementioned months; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
BBL Building Company has consistently demonstrated an ability to responsibly operate the
construction at 2850 N Bonnie Brae St, 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 ofthe Code of Ordinances, BBL Building Company
is hereby granted an exception to said section's amplified sound prohibition subject to the
following restrictions :
I 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 construction of the
foundation of the new multi-family buildings site at 2850 N Bonnie Brae St, for the
following months (weather permitting) the months of March 2023, April 2023, May
2023, June 2023, July 2023.
2 BBL Building Company agrees to take full responsibility for ensuring that the conditions
of this exception are met and to take all reasonable measures necessary to avoid disturbingpersons of ordinary sensibilities in the immediate vicinity of the event.
4.
5.
Under no circumstances shall BBL Building Company continue construction past 8:30p.m. on any day.
Under no circumstances shall BBL Building Company use construction equipment that
exceeds 85 dba when measured from the perimeter of the source as measured by anapproved 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, orfor 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 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 be effective immediately upon its passage and
approval and shall expire upon the completion of the foundation pour on or before August 1,
2023, unless sooner repealed, modified, or rescinded.
The motion to appro,e this o,di„,„„ w„ made by gen but'> m
seconded by Brick- kcl - -- -- – – -–---- ,- the -i;dinance was --passed th:following vote [b - 1] :
Aye
V
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Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :,/
fChris Watts, At Large Place 6:
PA„„ „„,„„,,,,, „„.„. ?+ ,.,., m„,h , 2023.
GERARD HUDSmF MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY L\\\\ tIlIIDF
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APPROVED AS TO LEGAL FORM:MACK REINW AND. CITY ATTORNEYIhh\% m?ogjonBY: J v IO:42:53-06'OO'