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23-1707FILE REFERENCE FORM X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S)Date Initials q -I I'llIn - 2-139 (C ORDINANCE NO. 23-1707 AN ORDINANCE OF THE CITY OF DENTON GRANTING A SPECIAL PERMIT TO ATMOS ENERGY CORPORATION, MID-TEX DIVISION, A TEXAS CORPORATION, TO ALLOW FOR WORK HOURS OUTSIDE THOSE ORDINARILY ALLOWED PURSUANT TO SECTION 17-20 (c)(3)(f) OF THE CITY OF DENTON CODE OF ORDINANCES, WITH RESPECT TO HOURS OF OPERATION RELATED TO THE RELOCATION OF EXISTING GAS FACILITIES IN AND AROUND THE UNIVERSITY OF NORTH TEXAS CAMPUS, LOCATED AT 1155 UNION CIRCLE, DENTON, TX 76205; PROVIDING FOR APPROVAL OF A SPECLAL PERMIT FOR A VARIANCE IN THE HOURS OF OPERATION DURING WEEKDAYS AND WEEKENDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the hours for the erection, excavation, demolition, alteration, or repair work on any building within the limits of the City of Denton are ordinarily limited to the hours between the hours of 6:00 a.m. and 8:30 p.m. Monday through Friday from June 1 to September 30; between 7:00 a.m. and 8:30 p.m. Monday through Friday from October 1 to May 3 1 ; between 8:00 a.m. and 8:30 p.m. on Saturday; and between 1:00 p.m. and 8:30 p.m. on Sunday, pursuant to Section 17-209(c)(3)(f) of the Code of Ordinances; and WHEREAS, pursuant to this Code provision, the City Council may issue special permits or exceptions for construction work at other hours, in cases of urgent necessity and in the interest of public safety and convenience; and WHEREAS, Atmos Energy Corporation has requested a Special Permit, as shown in the attached Exhibit A, to allow work hours outside those ordinarily allowed for the months of September 2023 thru March 2024 to allow for the relocation of existing gas facilities which must be clear of the upcoming 2019 Bond: Neighborhoods 2 & 6 Capital Improvement Project; and WHEREAS, the Right of Way Construction Management Ordinance 19-2439, Section 25-92 (a) requires work be conducted in a manner which avoids unnecessary inconvenience and annoyance to the public and occupants of neighboring property and that measures be taken to reduce noise, dust, and unsightly debris; and WHEREAS, a high volume of pedestrian traffic occurs at the college campus during daylight hours during which safe, unobstructed access to Rights of Way and other campus pathways is necessary; and WHEREAS, the Denton County Transportation Authority operates bus routes at continuous, regular intervals throughout the day from 4:0C}am to 10:00pm, Monday through Saturday, which is an essential service for student or visitor access to campus facilities; and WHEREAS, relocation of the gas facilities is essential to the 2019 Bond: Neighborhoods 2 & 6 Capital Improvement Project remaining on schedule to commence construction in April 2024; and WHEREAS, Staff have reviewed and recommend approval of the submitted Special Permit submitted by Atmos Energy Corporation, as shown in Exhibit A; and WHEREAS, the City Council of the City of Denton finds that granting a Special Permit for this relocation work, limited to the extended hours requested and the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Pursuant to Section 17-20(c)(3)(f) of the Code of Ordinances, Atmos Energy Corporation is hereby granted approval for the Noise Ordinance Special Permit submitted and attached as Exhibit A, for the amplified sound prohibition subject to the following restrictions: 1. Special Permit issued pursuant to Section 17-20(C)(3)(f) of the Code of Ordinances of the City of Denton, is granted only in connection with the relocation of existing gas facilities to obtain clearance from the 2019 Bond: Neighborhoods 2 & 6 Capital Improvement Project, for the months of September 2023 through March 2024; and 2. Atmos Energy Corporation 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 their work areas and excavations; and 3. 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 notice, warning, hearing, or compensation, for any reason at all, or for no reason; and 4.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 the construction activity, and hereby disclaims any promissory, or equitable estoppel which might in any way impede the pursuit of such remedies by any person. SECTION 3. This Ordinance shall be effective immediately upon its passage and approval and shall expire upon the completion of the relocation of gas facilities March 2024), unless sooner repealed, modified, or rescinded. The motion to Tu:r” """"' "”seconded by art 4.\ made by IIo\ HcI}lcr and the ordinance was passed and approved by thefollowing vote U -a : Aye + t V JC b/ 1/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: Page 2 PASSED AND APPROVED thi, th, IIt- d,y ,f Sq Lnk/ , 2023. ATTEST: JESUS SALAZAR, CITY SECRETARY >\\11111 III/r APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella DN: cn=Marcella Lunn, o, BY:_MJfwaUJ\of Denton, denton.com. c=US Date: 2023.08.31 17:32:22 -05'OO' Page 3 energy . Your natural gas company August 31, 2023 City of Denton Capital Projects 401 N. Elm Street Denton, TX 76201 2019 Bond: Neighborhood 2 & 6 Capital Improvement Project/ Atmos Low-Pressure system – Noise Ordinance Special Permit Request Dear City of Denton, This letter is to advise you in advance of the essential relocation construction activities Atmos is engaging in preparation for the Neighborhood 2 & 6 Capital Improvement Project /Atmos Low-Pressure system located in and around the University of North Texas at 1 155 Union Circle, Denton, TX 76205, Atmos Energy Corporation kindly requests the City of Denton’s approval for the Attached Noise Ordinance Special Permit to allow extended construction hours and days for gas main relocations. Section 17-20(c)(3)(D of the Code of Ordinances limits the work hours for the construction of any building from 7:00 a.m. to 8:30 p.m. Monday through Friday from October 1 to May 31; from 6:00 a.m. to 8:30 p.m. Monday throug h Friday from June 1 to September 30; from 8:00 a.m. and 8:30 p.m. on Saturday; and between 1:00 p.m. and 8:30 p.m. on Sunday. Atmos requests an exception from the allowed construction work hours for the relocation construction for the Capital Project Neighborhood 2 & 6 from September 2023 through March 2024, to be allowed to work as needed from 5:00 PM to 3:00 AM during the weekdays, with pre-approval by the City of Denton. These are estimated work dates. They are subject to change The reason for the requested exception is to address the highly congested work areas in and around the City of Denton streets within the University of North Texas campus and the Denton County Transportation Authority (DCTA) bus routes Thank you in advance for your consideration. Please let me know if there are any questions or if any additional information is needed. Scott Ramirez -Field Construction Coordinator Caleb Smith -Field Construction Coordinator Atmos Energy 1-888-286-6700 energy e Your natural gas company Checklist Response 1.li Provide the name of the Development and Address: • Project Name:Neighborhood 2 & 6 including Atmos Low Pressure system •Location :In and Around UNT Campus 1155 Union Circle, Denton TX, 76205 •Contractor:Superior Pipeline Services 10101 N Saginaw Blvd, Fort Worth TX 76179 Scott Fettig Scott Ramirez •City Project Manager: Atmos Point of Contact:• •UNT Point of Contact:Peter Palacios 1.Iii Description of construction activities being performed outside of allowed hours including the hours requested Atmos requests overnight work for the operations in and around the University of North Texas, to complete the relocation of existing facilities. The activities to be performed outside of allowed hours will include, but are not to be limited to: •SUE work of City of Denton Facilities •Excavation, boring of facilities • Installation of Atmos facilities 1.liii State the date range or specific dates when the construction activities are planned to occur Atmos is requesting the flexibility to work nights and weekends through the duration of Permit #2306-0637. With limited time restrictions with the understanding the work will require prior approval by the City of Denton, and Coordination with the University of Denton to maintain the Atmos relocation schedule in coloration to Neighborhood 2 & 6 contract schedule. Atmos's current construction schedule is as follows: • Chestnut/Avenue D – 08/28/23 – 09/14/23 • Avenue C (Highland – Maple) – 09/18/23 – 10/19/23 • Avenue A (Maple – Eagle) –01/02/24 – 03/01/24 • Union Circle – 10/19/23 – 12/15/23 • More schedules to come after design/bidding complete 1.liv Describe the urgent necessity for the special permit request including what is unique about this project requiring construction work to be conducted outside of the hours stipulated in the Noise Ordinance The necessity is in response to the interest of public safety and constructability due to the following conditions. energy . Your natural gas company • Work within the University of North Texas campus highly restricts the amount of work that can safely be performed. • DCTA bus schedule runs buses through construction areas with minimal gaps during the • Safety constraints of heavy equipment around UNT students and high pedestrian areas. day 1.1v Explain the plans to minimize the noise impact on the surrounding properties 1.lvi State the proximity of the sire to the nearest properties. Describe plans to notify and solicit feedback from surrounding property owners An Atmos representative will attend any City of Denton facilitated meeting pertaining to this work 1.2 Provide an aerial map of the development area f: i, energy . 1.3 Provide a construction sequence map depicting the specific constructed work and locations within the site that will be conducted during the requested special permit hours gP = 2 b I 1.4 it is highly recommended that the developer/contractor conduct a community meeting with the surrounding property owners. With this submission, provide the information presented at the meeting and any feedback from the residents. An Atmos representative will attend any City of Denton facilitated meeting pertaining to this work.