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O-1601-5-98ORDINANCE NO. 1601-5-98 ' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, SO AS TO PLACE PERMANENT ZONING OF RESIDENTIAL -5 (R-5) ON TRACT 1, AND SHOPPING CENTER (SC) ON TRACT 2, BEING 67.158 ACRES OF LAND SITUATED IN THE WILLIAM SNYDER SURVEY, ABSTRACT NO. 821, IN THE CITY OF ALLEN, COLLIN COUNTY. TEXAS, AS DELINEATED ON EXHIBIT 'A' LEGAL AND TRACT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE 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. 1425-5-96 should be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be, and the same is hereby, amended by placing permanent zoning of Residential -5 (R-5) on Tract 1, and Shopping Center (SC) on Tract 2, being 67.158 acres of land situated in the William Snyder Survey, Abstract No. 821, City of Allen, Collin County, Texas, as delineated on Exhibit A" SECTION 2: The Legal Description and Tract Map, attached hereto as Exhibit "A" and made a part hereof for all purposes, shall be adhered to in its entirety. SECTION 3: All ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 4. 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. 1425-5-96 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. SECTIONS: 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 I would be held unconstitutional. SECTION 6: 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. I DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 21ST DAY OF MAY , 1998. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: A. er, CITY ATTORNEY Juffly Mo C, CITY SECRETARY Ordinance No. 1601-5-98 Page 2 F I i I ,` I° w •g q i w •g q ;Op 3� 3Ea Y¢ I� f�b��gRf Q[;i qfi g [ g: Sufi � o