O-2137-1-03ORDINANCE NO. 2137-1-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING ARTICLE VH ZONING DEVELOPMENT
REGULATIONS SECTION 7.03.5 AND SECTION 7.07 AND ARTICLE VIII
SUBDMSION REGULATIONS SECTION 8.10 OF THE ALLEN LAND
DEVELOPMENT CODE, AS PREVIOUSLY AMENDED, AMENDING
REQUIREMENTS FOR THE UPGRADING AND REINFORCEMENT OF
OVERHEAD UTH MFS BY DELETING THE REQUIREMENTS FOR
EXTENSION OF UNDERGROUND UTILITIES, BY DELETING THE
REQUIREMENTS FOR THE UPGRADING OF WOODEN POLES WITH METAL
OR CONCRETE POLES AND BY DELETING THE REQUIREMENT FOR COSTS
TO BE ASSUMED BY THE SERVICE PROVIDER FOR THE INSTALLATION OF
UNDERGROUND UTILITIES; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING FOR A SEVERABIIdTY CLAUSE; PROVIDING FOR 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 AN EFFECTIVE DATE.
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 a full and fair hearing
to all the property owners generally and to all persons interested, and in the exercise of its legislative discretion,
have concluded that the Allen Land Development Code, 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 is hereby amended by amending the articles, sections, and
subdivisions as set forth herein. New material in the text of the amended provisions of the Allen Land
Development Code is set forth in double -underline type; material deleted from the text of the amended
provisions of the Allen Land Development Code is set forth in strike-thru type.
SECTION 2. Article VIII Section 8.10 of the Allen Land Development Code is amended in part to read as
follows:
"Section 8.10. Extensions of Utilities.
4. Underground Utilities —
g. Any upgmde
fequiFe felslaaemeat
An
ef Fsinf�Feemen; ef feeilities with existing overhead service
of weaden poles m,44 meW ef eanerete poles at the
this ...-Ai ffl that
f8
by the SOMM PF8N4dEF ShRil
expense of the se�ciee pfe�idef.
the installation. ..e
g
(Vw C ....:........
fitde" PUFPBSeS Of ShRllffie�aR5'..L-...e
... 1 ... 6........-... ed ....... ase by ease basis
requires
' SECTION 3. Article VII Section 7.03.5 Utility Services of the Allen Land Development Code is hereby
amended in part to read as follows:
"Section 7.03.5. Utility Services
SECTION 4. Article VII Section 7.07 Fences and Walls of the Allen Land Development Code is hereby
amended in part to read as follows:
"Section 7.07. Fences & Wa0s.
' 3. Utilities
Shall _.....:-..-.._IS...._.ent
An .
..f......d..R _..1....
� Q._
With MOW ........a (fete Poles at the e*pe....e ..f the ..emiae
the
this that
pro..:de..
ptwpeses of
seeiian, shall mean any shaiige requires
is installation
OF additiaR afs He",
Palo. In line poles Reeessafy fef sei�iee dfaps will be
reviewedinstallation,
by the Cit.
Engine.... and may L
apl3f ..A on a ease L..ease basis.
SECTION & 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 6. 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 7. An offense committed before the effective date of this ordinance is governed by prior law and
' the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 8. 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 the Allen Land Development Code of the City of Allen, as
Ordinance No. 2137-1-03 Page 2
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 9. 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, COLLIN
COUNTY, TEXAS, ON THIS THE 2e DAY OF JANUARY 2003.
L\ 99:11]V S tR
Stephentrerrell, MAYOR
APPROVED AS TO FORM: y ATTEST:: p J�
PetvriT Smith, C 'Y ORNEY SheVey B. George, CTING criNNECRETARY
Ordinance No. 2137-1-03, Page 3