O-1607-6-98ORDINANCE NO. 1607-6-98
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING ORDINANCE NO. 1237.494, SUBDIVISION ORDINANCE, AS
PREVIOUSLY AMENDED, BY AMENDING THE TEXT OF SECTION 201
PROCEDURE OF ARTICLE 200 FLOODPLAIN; PROVIDING FOR NOTICE OF
VIOLATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen has reviewed the requirements for dedication of floodplain
contained in Article 200 of Subdivision Ordinance No. 1237A-94; and,
WHEREAS, the City Council of the City of Allen held a public hearing on June 18, 1998, to receive citizen
input regarding this amendment; and,
WHEREAS, the City Council of the City of Allen has determined that Section 201 of Article 200 was
originally written with the intention that all floodplain would be required to be dedicated to the City of Allen,
unless otherwise determined by the City; and,
WHEREAS, the City Council of the City of Allen recognizes that the language currently contained within
Section 201 of Article 200 of Subdivision Ordinance No. 1237A-94 is not completely clear as to the intention
of the need for dedication of floodplain.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this Ordinance, City of Allen Subdivision Ordinance
No. 1237-4-94, Article 200, Section 201 Procedure, as previously amended, be, and is hereby amended to
read as follows:
"All development plans and subdivision plats submitted to the City shall comply with the
procedures and standards specified within the City of Allen Floodplain Ordinance No. 1030-
4-91. If any portion of the subject property contains a drainage course, lies within 100 feet
from the top of a high bank, or contains Federal Emergency Management Agency (FEMA)
floodplain, then the drainage basin area must be determined. Should that area be 160 acres or
greater, then the 100 -year floodplain, as calculated by ordinance specifications, must be
established. After receiving staff approval of the floodplain study and delineation, the
floodplain shall, at the City of Allen's option, be platted and dedicated to the City of Allen,
either separately or concomitantly with the adjacent property, according to the procedures
listed in this ordinance."
SECTION 2: All ordinances of the City of Allen, including existing Planned Developments, 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: Any person, flan or corporation violating any of the provisions or terms of this ordinance
shall be subject to the same penalty as provided for in Ordinance No. 1237A-94, 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 4: 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 (mown the affected parts would be
held unconstitutional.
SECTION 5: 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 18TH DAY OF JUNE '1998.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
A. Don t ATTORNEY dy momwn, CMC, CITY SECRETARY
OImINAW-E NO. 1607-6-98 PAGE 2