O-36-3-62AN ORDINANCE PROHIBITING THE CONSTRUCTION AND MAINTENANCE OF
ANY WALL, FENCE OR OTHER STRUCTURE, EXCEPTING UTILITY POLES, OR THE
PLANTING, GROWTH OR MAINTENANCE OF ANY HEDGES, TREES, SHRUBS OR
OTHER GROWTH UPON THE UNPAVED OR UNTRAVELED STREET RIGHT OF WAY
PORTIONS AND CERTAIN PRIVATE.' PROPER'1.Y PORTIONS OF CERTAIN STREET
CORNERS IN THE TOWN OF ALLEN, IN THE INTEREST AND FURTHERANCE OF
INSURING VISION FOR TRAFFIC SAFETY; PROVIDING FOR PENALTY; PRO-
VIDING FOR OTHER ENFORCEMENT; AND PROVIDING FOR SEVERANCE CLAUSE,
AND DECLARING AN EMERGENCY.
WHEREAS, the present policy of the Town of Allen is to allow
and encourage the landscaping by private property owners of the un-
paved or untraveled portion of public street right -of -wags within
the Town of Allen adjacent to abutting privately owned lots; and
WHEREAS, the free and safe movement of Town of Allen public
street traffic is restricted and endangered by obstruction to
vision of street intersections within the Town of Allen; and
WHEREAS, the public interest required that such obstructions
be restricted so as not to constitute a traffic hazard;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN
OF ALLEN, TEXAS:
Section 1 - The areas in the Town of Allen hereinafter restricted
are as follows:
(a) All of that portion of land lying within a triangular
shaped area on each street corner within the Town of Allen described
by metes and bounds as follows: Beginning at the precise corner of
intersection point of the curbs of each of the two streets inter-
secting forming each corner and extending 20 ft. along each such
curb line from said curb intersection point, the third side being
determined by the drawing of a straight line from the ends of each
such 20 ft. extensions, all as more fully portrayed by sketch immedi-
ately below. (Whether said land be privately owned or unpaved or un-
traveled street right-of-way property):
In-teRSEAl Cw
<'aae-r
(Continued, page 2)
Where no curbs are in existence at such street intersections, said
20 £t. lines shall coincide with the central flow line of the ditches
paralleling such uncurbed streets (as such central flaw line shall be
determined by the Engineer of the Town of Allen).
(b) No person shall erect or maintain within any such re-
stricted area any wall, fence or other structure, excepting utility
poles to a height greaten than 3 ft. from the street gutter flow line.
(c) No person shall plant, grow or maintain in any such
restricted area any plant, hedge, shrub or other growth (save and ex-
cept trees as hereinafter provided for) at a height greater than 4 ft.
from the street gutter flow line.
(d) Any trees planted, grown and maintained in any such
restricted area shall not have branches or foliage extending from the
trunk thereof at a height lower than 8 ft. from the street gutter flow
line.
(e) By street gutter flow line is meant the street gutter
flow line of the curb adjacent to and bordering upon each such re-
stricted area; in the event there be no such curb as aforesaid, the
aforesaid height restrictions shall be based upon the actual level of
the paved or used portion of the public street adjacent to and border-
ing upon each such restricted area.
(f) Provided however, that the provisions of this Ordinance
shall apply only to those areas of the Town of Allen, Texas, design-
ated and classified by the Zoning Ordinance of the Town of Allen#
from time to time, as Residential Zone Districts A to E, inclusive;
the purpose of this exception being that the provisions of this Ordin-
ance shall only apply to those zoned sections of the Town of Allen, re-
quiring construction on lots in said zoned sections to be set back
from the property line of each such lot.
(g) The provisions of this Ordinance shall not apply to
any business building, family dwelling or apartment house existing
in the Town of Allen on the date of the enactment of this Ordinance,
and not in violation of any law of the State of Texas or Ordinance of
the Town of Allen, Texas.
(Continued page 3)
(h) The provisions of this Ordinance shall have no bear-
ing or effect upon the right of the Town of Allen to administer and
control the remaining portions of its public street right -of -wage
not involved in the triangular corner areas provided for in this
Ordinance.
Section 2 - Any person violating the provisions of this Ordinance
shall be guilty of a misdemeanor and shall be subject to a fine of
not less than Five ($5.00) Dollars and not more than Two Hundred
($200.00) Dollars, and each day that such structure or growth, as
herein defined,shall exist in violation of this Ordinance shall con-
stitute a separate offense.
Section 3 - All of the provisions of thin Ordinance are severable
so that any portion hereof, which might be deemed to be void as a
matter of law, shall not affect the validity of any other portion
hereof.
Section - In addition to the penalty provisions, above provided
for, resulting from violation of the provisions of this Ordinance,
the Town of Allen shall be entitled to enter upon and remove from
the triangular corner areas provided for herein any of the pro-
hibited structures or growths provided for herein, such entry and
removal upon the private property portions of such triangular areas
to be without liability to the owners thereof.
By reason of the fact that the City Council of the Town of
Allen considers the passage of this Ordinance necessary to the public
safety and to the prevention of traffic accidents, it is hereby de-
clared to be an emergency demanding that this Ordinance take effect
immediately from and after its passage, and it is so Ordained.
Duly approved and enacted this the � day of ,
1962, at the regular meeting of the City Councilo, f the Town of Allen,
174
Texas.
mayor
ATTEST:
City Secre ry