O-2844-7-09ORDINANCE NO. 2844-7-09
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND SUBDIVISION REGULATIONS, AS PREVIOUSLY
AMENDED, BY AMENDING SECTION 7.03.5 TO ADD SUBSECTION 9 TO
PROVIDE FOR THE EXCLUSION OF EXISTING OVERHEAD UTILITIES ON
THE DEVELOPING PROPERTY TO BE PLACED UNDERGROUND; BY
AMENDING SECTION 8.10.4 TO ADD SUBSECTION J TO PROVIDE FOR THE
EXCLUSION OF EXISTING OVERHEAD UTILITIES ON THE DEVELOPING
PROPERTY TO BE PLACED UNDERGROUND; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABHJTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission 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 a 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 the Allen Land Development Code Zoning
Regulations and the Subdivision Regulations of the City of Allen, as previously amended, should be amended.
' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations of the City of Allen, Collin County,
Texas, as amended, be and the same is hereby, amended by amending Section 7.03.5 Utility Services in part to
add Subsection 9, to read as follows:
"Section 7.03.5 Utility Services.
9. Existing overhead electrical, television, and/or telephone/telecommunication utilities located on the
developing property or adjacent right-of-way shall be excluded from the requirement to be placed
underground."
SECTION 2. The Allen land Development Code Subdivision Regulations of the City of Allen, Collin
County, Texas, as amended, be and the same is hereby, amended by amending Section 8.10.4 Underground
Utilities in part to add Subsection j, to read as follows:
"Section 8.10. Extensions of water and wastewater mains
Underground utilities.
Existing overhead electrical, television, and/or telephone/telecommunication utilities located
on the developing property or adjacent right-of-way shall be excluded from the requirement
to be placed underground."
SECTION 3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall 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 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or
of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development
Code, as amended hereby, which shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code Zoning Regulations and the Subdivision Regulations, as
amended, in effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 6. Any person, firm or corporation violating any of the provisions or terns of this ordinance shall
be subject to the same penalty as provided for in Allen Land Development Code as previously amended, and
upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each
offense.
SECTION 7. This ordinance shall take effect immediately from and after its passage and publication of the
caption 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 TBE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE le DAY OF JULY, 2009.
APPROVED AS TO FORM:
��
Peter G. Smith, City Attorney
I
APPROVED:
�;tepluffi Terrell, Mayor
ATTEST:
Shelley B. Geo , City Secretary
Ordinance No. 2844-7-09, Page 2