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O-1482-2-97ORDINANCE NO. 1482-2-97 AN ORDINANCE OF THE CITY OF ALLEN, COILINN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 14255-96, AS PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERMIT AND SITE PLAN FOR A MONOPOLE TOWER ON THE FOLLOWING-DESCRHiID TRACT' OF LAND: 15 ACRES OF LAND LOCATED IN THE JOHN HUFFMAN SURVEY, ABSTRACT' NO. 416, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHTBIT'A' SITE PIAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILJTY 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 a0 the property owners generally and to a0 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, as previously amended, should be amended. 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 approving a specific use permit and site plan for a monopole tower on the following -described tract of land: 1.5 acres located in the John Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas. SECTION 2• The property described in Exhibit "A" as 1.5 acres out of the John Huffman Survey, Abstract No. 416, of the City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The approved site plan attached hereto as Exhibit "A" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 4. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that a0 other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTIONS: 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. SECTION 6. 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 jud nent or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not oc f%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 7: 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 ALIEN, TEXAS, ON THE 6TH DAY OF Fmiar M . 1997. "PROVED: L Kevin L. Lilly, MAYO APPROVED AS TO FORM: ATITM. Ordinance No. 1462-2-97 Page 2 i� 0 yP M � ygQaq OV � .r ��" v. •�� al v (,oa) MR (aria *AAA 'Wd) as,Wgno S� 94