HomeMy WebLinkAboutResolution No. 2017-011CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2017- 12 / L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, GRANTING A SPECIAL EXEMPTION FROM THE
SOUND ORDINANCE PURSUANT TO SECTION 6-192 OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, TO
AUTHORIZE THE USE OF AMPLIFIED MUSIC AT THE RELAY FOR
LIFE EVENT TO BE HELD ON MAY 5 — 6, 2017, AT FIVE STAR
COMPLEX WITHIN THE CITY OF THE COLONY, TEXAS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on Friday, May 5, 2017 and Saturday, May 6, 2017, the City of the Colony,
Texas, will be hosting the Relay for Life fundraising walk for the American Cancer Society at the
Five Star Complex, located within the City of The Colony, Texas; and
WHEREAS, Section 6-192(c)(2) of the Code of Ordinances of the City of The Colony,
Texas, provides that "[t]he use of any loudspeaker or amplifier or musical instrument in such
manner or with such volume, particularly between 10:00 p.m. and 7:00 a.m., that annoys and
disturbs persons of ordinary sensibilities in the immediate vicinity thereof; provided, however,
that upon application by the user of such devices, the city council may make special exemption
or exception to this clause for such time as the city council feels will serve the public welfare";
and
WHEREAS, the City Council of the City of The Colony, Texas, finds and determines
that it is in the public interest and welfare of the City, consistent with Section 6-192(c)(2) of the
Code of Ordinances of the City of The Colony, Texas, to grant a special exemption or exception
for the use of loudspeakers, amplifiers or musical instruments in such manner or with such
volume, between 10:00 p.m. and 3:00 a.m., on May 5, 2017 to May 6, 2017, for the Relay for
Life fundraising walk event to be held at the Five Star Complex, located within the City of The
Colony, Texas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. That the foregoing recitals are hereby found to be true and correct
legislative findings of the City of The Colony, Texas, and are fully incorporated into the body of
this Resolution.
SECTION 2. That the City Council of the City of The Colony, Texas, finds and
determines that it is in the public interest and welfare of the City, consistent with Section 6-
192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, to grant a special
exemption or exception for the use of loudspeakers, amplifiers or musical instruments in such
manner or with such volume, between 10:00 p.m. and 3:00 a.m., on May 5, 2017 to May 6, 2017,
for the Relay for Life fundraising walk event to be held at the Five Star Complex, located within the
City of The Colony, Texas, for a period from May 5, 2017 at 7 p.m. to May 6, 2017 at 3 a.m.
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 21st day of February, 2017.
AT EST r-&�
Tina Stewart, City Secretary
A S TO FOR
7�
Jef tj
Attorney
McCourry, !
Page 2
rA
:r L0
•TEXP�