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O-1337-6-95ORDINANCE NO. 1337-6-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, TO ESTABLISH PERMANENT ZONING OF COA04UNITY FACILITIES ITIES (CF) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 5.0 ACRES OF LAND, TRACT 8, LOCATED IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325, CITY OF ALIEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PIAN, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABn= CLAUSE; AND PROVIDING FOR THE CTIVE DATE OF SAID WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, should be revised; 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 revising the Zoning Map of the City of Allen to establish permanent zoning of Community Facilities ("CF") on 5.0 acres of land, Tract 8, located in the John Fyke Survey, Abstract No. 325, City of Allen, Collin County, Texas. SECTION 2: The above-described property shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The land use plan attached hereto as Exhibit "A" and made a part hereof for all purposes shall be adhered to in its entirety. SECTION 4: All ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 5: Any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 6: 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 7: 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 1ST DAY OF ,nom ,1995. APPROVED: � 7&C-4•� Jbe Farmer, MAYOR APPROVED AS TOFORM: ATTEST: A. DqR�d�er— n�CMC, CITY SECRETARYi Ordinance No. 1337-6-95 Page 2 I 4dt WAITERS READ � N 00-03-25 E 5092 . c� W S 00-03-25 W 390.04' H N w w I cn I Ul 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 ;+1337-6-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on June 7 & June 10, 1995 and which was issued on June 7. 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publics' n is attached hereto. SUBSCRIBED AN WORN to before me this day A.D. 19_9�' v/ =i =-- CITY rNOTARY PUBLIC in and (or COLLIN COUNTY, TEXAS �"; s fee $40.50 TY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, June 1, 1995 (Title and Penalty Clause II only): Ordinance No. 1337-6-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously r Amended, to Establish Permanent Zoning; on the Following Described Tract of Land: 5.0 Acres of Land, Tract 8, in the John Fyke Survey, Abstract No. 325, City of AIIAn;� Collin County, Texas, as Follows, to wit:; Community Facilities (CF) Zoning; Provid-i ing for a Penalty of Fine not to exceed the t Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective. Date of Said Ordinance. That any person, parties in interest or cor- poration who shall violate any of the provi-. sions or terms of this ordinance shall be, subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as hereto- fore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the Off icce of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas y Morrison - /s/ Judy Morrison ,City Secretary_ V CITY OF ALLEN i/ PUBLIC NOTICE , Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, June 1, 1995 (Title and Penalty Clause only): Ordinance No. 1337-6-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No., 829-11-87, as Previously Amended, to Establish Permanent Zoning on the Following Described Tract of Land: 5.0 Acres of Land, Tract 8, in the John Fyke Survey, Abstract No. 325, City of Allen, Collin County, Texas, as Follows, to wit: Community Facilities (CF) Zoning; Provid- ing for a Penalty of Fine not to exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, parties in interest or cor- poration who shall violate any of the provi- sions or terms of this ordinAnce shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as hereto- fore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the Officce of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002-2773. /s/ Judy Morrison City Secretary _ _ ,