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O-1295-10-94ORDINANCE NO. 1295-10-94 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO ALLOW THE USE OF BOARDINGHOUSE BY RIGHT IN THE CENTRAL BUSINESS DISTRICT; PROVIDING FOR AN DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, under the provisions of the Constitution and the laws of the State of Texas, including particularly V.T.C.A., Local Government Code §211 et seq., authority is conferred upon the City of Allen, Texas, to establish zoning district regulations within the City of Allen; and, WHEREAS, the Planning and Zoning Commission has held a public hearing and after careful review determined that it was appropriate to allow the use of Boarding House by right in the Central Business District; and, WHEREAS, the City Council held a public hearing and considered the Planning and Zoning Commission recommendation and the testimony given at the City Council hearing and decided to favorably act upon the Planning and Zoning Commission's recommendation to amend Comprehensive Zoning Ordinance No. 829-11-87, as previously amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by amending the Schedule of Uses to allow the use of "Boarding House" by right in the Central Business District. SECTION 2: All ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 4: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 6TH DAY OF OCTOBER , 1994. APPROVED: Me Farmer, MAYOR APPROVED AS TO FORM: ATTEST: A. Don Crowder, CITY ATTORNEY J Mo n, CMC, CITY SECRETARY AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Sch. of Uses of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, Sept. 7, 1994 and which was issued on CITY ALLEN NOTICE OF PUBLIC BL C HEARING September 7, 1994 Notice is hereby -given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thurs- 6, 1994, at 7:30 in the 1Cha byC i t y of Allen of COLLIN COUNTY, TEXAS Councciil bers of the Alleober .m nMunicipal Annex, One Butler Circle, Allen, Texas, to (, :,6sider a request for recommendatigp of A printed copy of said public 'on is attached hereto. Planning and Zoning Commission to amend the schedule of uses of Com- prehensive Zoning Ordinance,No. 829-11-87 to allow Boarding House" by Right in the Central Business District,.,, Anyone wishing to speak either FOR or- rSUBSC SUBSCRIBED IBED ANDWORN to before me this day A.D. 19 AGAINST this request is invited to attend this public hearing and voice his or -her opinion. , For further information, contact the Depart- ment of Community. Development, City of Allen, One Butler Circle, Texas, or by tele- NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS phoning 727-0120. /s/ Judy Morrison ' City Secretary Publisher's fee $ 13 . 50 V. A. TODD MY COMMISSION EXPIRES December 5, 1996 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1295-10-94 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 12 & October 15,1994 and which was issued on October 12, 1994 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. "z� L'" SUBSCRIBED AND SWORN to before me this day �, , A.D. 19 9�1 NOTARY PUBLIC in and for COLLIN COUNTY. TEXAS Publisher's fee g 2 2.5 0 iso V. A. TODD •c '= MY COMMISSION EXPIRES December 5, 1996 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, October 6, 1994 (Title only): Ordinance No. 1295-10-94. An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Allow the Use of Board- ing House by Right in the Central Business District, Providing for an Effective Date, and Providing for Publication of the Caption A copy of this ordinance may be read or purchased in the'office of the City Secret- ary, City of Allen. One Butler Circle, Texas 75002-2773 's Judy Morrison City Secretary _ CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, October 6, 1994 (Title only). Ordinance No. 1295-10-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Allow the Use of Board- ing House by Right in the Central Business District; Providing for an Effective Date; and Providing for Publication of the Caption. A copy of this ordinance may be read or, purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Texas 75002-2773 /s/ Judy Morrison City Secretary J