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2001-153S \Our Documents\Ord,nances\01\relay for life doc ORDINANCE NO A O/ /5,. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PURSUANT TO SECTION 20-1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Section 20-1 of the Code, Denton Unit of the American Cancer Society has made application to the City Council for an exception to the provision of that same section restricting the operation of amplified loudspeakers after 10 00 p in , in connection with the Relay for Life activities annual event held at the University of North Texas Fouts Field, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location for one day between April 1 and June 30 of each year, and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, Denton Unit of the American Cancer Society has consistently demonstrated over the past three years an ability to responsibly operate amplified loudspeakers in connection with Relay for Life annual event held at University of North Texas Fouts Field, at times past the hours defined in §20-1 of the Code, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof, and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis for a three-year period, subject to the restrictions contained herein, would serve the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That, pursuant to §20-1 of the Code of Ordinances, Denton Unit of the American Cancer Society is hereby granted an exception to this section's 10 00 p in limitation upon the operation of amplified loudspeakers, subject to the conditions listed below 1 This exception is granted only in connection with the operation of the Relay for Life activities annual event at University of North Texas Fouts Field, for one day between April 1 and June 30 of each year 2 Denton Unit of the American Cancer Society 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 S \Our Documents\Ordmances\0l\re1ay for life doc 3 Denton Unit of the American Cancer Society agrees to cease using amplified loudspeakers at 12 00 midnight Monday through Thursday, 1 00 am Friday and Saturday and I1 00 p in on Sunday 4 Under no circumstances shall the annual event employ the use of amplified loudspeakers between the hours of 1 00 a in and 7 00 a in 5 This ordinance confers no personal or property rights, and may be amended, modified, superseded 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 6 This ordinance shall be strictly construed as an exception granted pursuant to §20-1 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 That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded PASSED AND APPROVED this the - day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY VV~~~J~/lX~/ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY