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O-204-12-76CITY OF ALLEN, TEXAS, ORDINANCE NO. pn4 AN ORDINANCE AMENDING GENERAL ZONING ORDINANCE NO. 129 OF THE CITY OF ALLEN, TEXAS, WHEREBY LOTS IN BLOCK 4 OF THE OLD DONATION IN THE CITY OF ALLEN ARE REZONED "LR" (LOCAL RETAIL); WHEREBY 97 ACRES IN THE R. L. INGRAHAM SURVEY, ABSTRACT NO. 462, AND THE R. L. WHISENANT SURVEY, ABSTRACT NO. 1012 ARE REZONED "R-411 (RESIDENTIAL) ; WHEREBY 3 ACRES IN THE R. L. INGRAHAM SURVEY AND THE R. L. WHISENANT SURVEY ARE REZONED "LR" (LOCAL RETAIL) ; WHEREBY 98.155 ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026 ARE REZONED AS FOLLOWS: 64 ACRES TO "R-5" (RESIDENTIAL), 6 ACRES TO "R-1611 (RESIDENTIAL 1-2-3-4 FAMILY) , 8 ACRES TO "LR" (LOCAL RETAIL) , AND 20 ACRES TO "TH" (TOWNHOUSE RESIDENTIAL) ; PROVIDING FOR A PENALTY FOR A VIOLATION OF, THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the laws of the State of Texas authorize the governing bodies of cities to promote the efficient use of land by zoning; and WHEREAS, the below described property has been duly incorporated in the City of Allen, Texas, and all legal notices required for rezoning have been given in the manner and form set forth by law and public hearing has been held on the proposed zoning classifications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,: SECTION 1: That the property described as follows: SITUATED in Collin County, Texas, in the City of Allen, and being Lots 11, 12, 13, 14, 15 and 16 in Block 4 of the Old Donation to the City of Allen, Texas, are hereby rezoned from CF (Community Facility) to LR (Local Retail) and according to the uses allowed under General Zoning Ordinance No-. 129 to the .City of Allen and said Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended accordingly. SECTION 2: That the property described as follows: SITUATED in Collin County, Texas, being out of the R. L. Ingraham Survey, Abstract No. 462 and the R. L. Whisenant Survey, Abstract No. 1012 described in deed dated June 25, 1954, in name of Albert Smith and wife, Eula Smith as recorded in Volume 436, Page 361, Collin County Deed Records and more particularly described as follows: SECTION 4: That the property described as follows: SITUATED in Collin County, Texas, in the Henry Wetsel Survey, Abstract No. 1026, and being the same property being described in a deed from Novie Talley Mann, Trustee, to Corporate Realty 71, Inc. dated June 16, 1971, and recorded in Volume 787, Page 712, Collin County Deed Records; CONTAINING 98.155 acres of land more fully described according to the plat, which plat is incorporated herein and made a part of this Ordinance for all purposes, are hereby rezoned as follows: 64 acres are hereby rezoned from PD (Planned Development) to R-5 (Residential), 6 acres are hereby rezoned from PD (Planned Development) to R-16 (Residential 1-2-3-4 Family), 8 acres are hereby rezoned from PD (Planned Development) to LR (Local Retail) and 20 acres are hereby rezoned from PD (Planned Development) to TH (Townhouse Residential) and according to the uses allowed under General Zoning Ordinance No. 129 to the City of Allen and said Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended accordingly. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible use under this Zoning Ordinance. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined any stun not exceeding $200.00, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall 'not preclude a suit to enjoin such violation. SECTION 7: The caption of this Ordinance shall be published one time in a weekly newspaper published in the City of Allen, and shall be effective immediately upon its passage and such publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on this —A, day of , 1976. F-rdnk-Dugger; City of Allen CORRECTLY RECORDED: i ,y Secretary yo