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HomeMy WebLinkAboutO-2639-7-07ORDINANCE NO. 2639-7-07 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AND ENACTING A NEW ALLEN LAND DEVELOPMENT CODE FOR THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREINAFTER PROVIDED; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Collin County, Texas adopted the 2000 Allen Land Development Code by Ordinance No. 1845-6-00 on June 15, 2000; and, WHEREAS, the 2000 Allen Land Development Code has been amended and supplemented through Ordinance No. 2459-11-05, adopted November 8, 2005; and, WHEREAS, the 2000 Allen Land Development Code has been re -codified by the Municipal Code Corporation, as amended as of November 8, 2005; and, WHEREAS, the City Council desires to adopt the 2007 Allen Land Development Code NOW, THEREFORE, BE IT ORDAINED BY THIN CITY COUNCIL OF THE CITY OF ALLEN, ' COLLIN COUNTY, TEXAS, THAT: SECTION 1. The 2007 Allen Land Development Code, consisting of Articles I -XI, each inclusive, and Appendix A -L, is hereby adopted and enacted as the "2007 Allen Land Development Code." The adoption of the 2007 Allen Land Development Code is not intended as a substantive change in the law; however, the 2007 Allen Land Development Code shall supersede the 2000 Allen Land Development Code, as amended as of November 8, 2005. SECTION 2. All provisions of the 2007 Allen Land Development Code shall be in full force and effect from and after the first day of July 24, 2007, and all Ordinances of the City of Allen amending the 2000 Allen Development Code, enacted on fund passage on or before July 24, 2007, and not included in 2007 Allen Land Development Code or recognized and continued in force by reference therein are hereby repealed from and after July 24, 2007 except as hereinafter provided: (1) Any offense or act committed or done or any penalty or forfeiture which occurred or any contract or right established or accruing before the effective date of the 2007 Allen Land Development Code; (2) Ordinances changing the zoning classification of specific property, amending a zoning map or creating any planned development; and (3) Any Ordinance amending the 2000 Allen Land Development Code enacted after November 8, 2005 and prior to July 24, 2007. The repeal provided for in Section 2 hereof shall not be construed to revive any Ordinance or part thereof that has been repealed by a subsequent Ordinance, which is repealed by this Ordinance. ' SECTION 3. Whenever in the 2007 Allen Land Development Code an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefore, the violation of any such provision of such Code shall be punished by fine not to exceed two thousand dollars ($2,000) for violating provisions that govern fire safety, zoning or public health and sanitation, including dumping of refuse, as provided in Section 1.20 of such Code. The penalty imposed for violation of this Code shall not exceed or be less than the penalty prescribed by state law for the same offense under state law. ' SECTION 4. Any and all additions and amendments to the 2007 Allen Land Development Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to he incorporated in such Code so that reference to the "2007 Allen Land Development Code," shall be understood and intended to include such additions and amendments. SECTION 5. In case of amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 3 of this Ordinance and Section 1.20 of such Code shall apply to the section as amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other sections shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. SECTION 6. A copy of the 2007 Allen Land Development Code shall be kept on file in the office of the City Secretary preserved in loose-leaf form, or in such other form as the City Secretary may consider most expedient. It shall be the expressed duty of the City Secretary, or someone authorized by the City Secretary, to insert in their designated places all amendments or Ordinances which indicate the intention of City Council to make the same as part of such Code then the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons designated to examine the same. SECTION 7. It shall be unlawful for any person to change or amend, by additions and deletions, any part or portion of such Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code ' many manner whatsoever which will cause the law of the City of Allen to be misrepresented thereby. Any person violating this section shall be punished as provided for in Section 3 of this Ordinance. SECTION 8. An offense committed before the effective date of this Ordinance is governed by the prior law and provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the fommer law is continued in effect for this purpose. SECTION 9. This Ordinance shall become effective on July 24, 2007, after the publication of said Ordinance in the official publication of the City, as its charter in such cases provides. SECTION 10. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to he void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance, which shall remain in full force and effect. SECTION 11. All provisions of the Ordinances of the City of Allen, Texas, in conflict with the provisions of this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. 1 Ordinance No. 2639-7-07, Page 2 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 24TH DAY OF JULY, 2007. APPROVED: Stelified Terrell, Mayor APPROVED AS TO FORM: ATTEST: Peter G. Smith, C' Attorney Shelley B. Geo e, ity Secretary Ordinance No. 2639-7-07, Page 3