O-216-6-77ti
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CITY OF ALLEN, TEXAS, ORDINANCE NO. 216
AN ORDINANCE AUTHORIZING A SPECIAL EXCEPTION PERMIT IN
ACCORDANCE WITH SECTION D OF ORDINANCE NO. 129;
PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE
PROPERTY DESCRIBED AS 0.9965 ACRES IN THE DAVID WETSEL
SURVEY, ABSTRACT NO. 977 BE ISSUED A SPECIAL EXCEPTION
PERMIT FOR THE OPERATION OF A DAY CARE CENTER; 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, a request having been made to the Planning and
Zoning Commission of the City of Allen, Texas, for a special
U
exception permit for the operation of a day care center in
a district zoned LR (Local Retail); and
WHEREAS, said request is in accordance with the permissible
special exceptions authorized in Section D of Ordinance
129 and all notices required by said Ordinance and by law
having been in all respects complied with; and,
WHEREAS, the Planning and Zoning Commission and the City
Council of the City of Allen, Texas, having considered all
operating data and expert evaluation requested by the same and
being of the opinion that said special exception will be
advantageous and beneficial to the City of Allen, Texas, and its
inhabitants; and,
WHEREAS, the City Council of the City of Allen, Texas,
having considered -all opposition to the issuance of said special
exception permit and the vote in favor of the same being in
compliance with the laws and statutes of the State of Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL -OF THE CITY
OF ALLEN, TEXAS:
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SECTION 1: That the following described property shall be
issued a special exception permit, which property is located in
the City of Allen, Texas, and is presently zoned LR (Local
Retail), to -wit:
SITUATED in Collin County, Texas, out of the David Wetsel
Survey, Abstract No. 977, and being a part of a 18.5065 acre
tract of land conveyed to Henry H. Dickerson, Jr., Trustee, as
recorded in Volume 1016, Page 843 of the Collin County Deed
Records, and being more particularly described as follows:
BEGINNING at a point for corner in the South line of F.M.
Highway No. 2170, said corner being the Northeast corner of the
said 18.5065 acre tract, same being the Northwest corner of a
0.4935 acre tract recorded in the name of Roger Chaney in Volume
1022," Page 608 of the Collin County Deed Records;
THENCE SOUTH 0 degrees 33 minutes 40 seconds West 215.00
feet along the West line of the said Chaney tract to a point for
corner;
THENCE NORTH 89 degrees 25 minutes 04 seconds West 201.90
feet to a point for corner;
THENCE NORTH 0 degrees 33 minutes 40 seconds East 215.00
feet to a point for corner in the South line of F. M. Highway
No. 2170;
THENCE SOUTH 89 degrees 25 minutes 04 seconds East 201.90
feet to the PLACE OF BEGINNING; and,
CONTAINING 0.9965 acres of land.
SECTION 2:
That said special exception permit shall
authorize the persons occupying the said property to conduct a
day care center in accordance with the authorized special exceptions
contained in Section D of Zoning Ordinance 129
SECTION 3: That said special exception permit shall be and
is hereby issued to permit the operation of a day care center.
SECTION 4: That said special exception permit shall remain
in force and effect only so long as all requirements of the
State of Texas and the City of Allen, Texas, regarding the
operation, licensing and inspection of such day care centers
shall be complied with.
SECTION 5•
That 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
.
W.
for any person, firm or corporation to conduct any operation or
business other than that of a day care center.
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
sum 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: That should any part or portion of this
Ordinance, or of the use created herein affecting the
aforementioned property, be declared unconstitutional or invalid
by a Court of competent jurisdiction, it is expressly provided
that any and all remaining portions and those provided for
within this Ordinance shall remain in full force and effect.
SECTION 8: The caption of this Ordinance shall be
published one time in a weekly newspaper published in the City
of Allen, Texas, 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 the 1_ day of June 1977.
F nk Dugger
ity of Allen, Texas
CORRECTLY RECORDED:
itft cretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on /,5P 7-7 , by ✓2 �c�./ � G �t� /�C�
of Collin County, Texas. printed copy of said publication is attached hereto. if
SUBSCRIBED AND SWORN to before me this IV
Publisher's Fee $
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Public Notice.
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CITY OF ALLEN, TEXAS
ORDINANCE No. 216
point for corner in the South line of F. M.
R
Highway No. 2170; __ -- = r
THENCE , SOUTH -89 -degrees 25
,.AN ORDINANCE AUTHORIZING A
minutes 04 seconds East 201.90 feet.to
SPECIAL EXCEPTION PERMIT -IN
the PLACE OF BEGINNING; and
ACCORDANCE WITH' SECTION D
CONTAINING 0.9965'acres of land.
OF ORDINANCE No. 129; PROVID=
s SEC 'That
ING FOR.THE ISSUANCE OF THE
STION 2: said special
SAME;- PROVIDING -THAT THE
exception" permit, shall authorize the
PROPER_ TY DESCRIBED AS '0.9965
�IN
persons occupying the-siid property to
ACRES THE DAVID WETSEL
, conduct a day care' center in accordance
SURVEY, 'ABSTRACT - No. -977Be
with the authorized •special exceptions
issued a special ezception'perrriit for the
contained in Section DS ofd Zoning
operation of a day care center; PROVID-
Ordinance 129.
ING FOR A r PENALTY FOR "A
1.
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VIOLATION'OF THIS ORDINANCE;
SECTION -3:, That tsaid :special
PROVIDING•'FOR'AN EFFECTIVE
exception permit shall ,be and'is hereby
DATE'OF. THIS'ORDINANCE; AND
issued to permit e o
thperation of a day
PROVIDING: -FOR THE PUBLICA-
-HEREOF.,
care center.
TION OF THE CAPTION
SEC
_
WHEREAS, a request having been
TION -4:- That said special
exception permit shall remain in force
made to 'the PlantiffiC. and_ Zoning
and effect only. so -long, as all require_
Commission of the City of Allen, Texas,
menta of the State of Texas and the City
for a special exception permit for the
of Allen, Texas, regarding the operation,
operation of a day care' center in district
licensing and inspection of such day care
zoned LR (Local Retail); and
centers shall be complied with. ,
WHEREAS, said request -is in
accordance with the permissible special
SECTION.6:,That it shall be unlawful
exceptions authorized in SectionrD of
for any person, firm or corporation to
;Ordinance 129 -and all notices required
make use of said premises in some
•
by said Ordinance `and by law having
manner other than As authorized by this
been in all respects complied with; and,
Ordinance, and -it, shall,be unlawful for
WHEREAS, the Planning and Zoning
any. Person, firm or corporation to
Commission and the City Council of the
conduct any operation or business other
City of Allen, Texas, having considered
than that of a day care, center.
all operating data and expertevaluation
+ _requested by the same and being of the
SECTION 6: Any person,. firm or
opinion that said special exception will
corporation who violates any provision
be advantageous and beneficial to the
of this Ordinance shall be deemed guilty
City' of Allen, "Teicas,- .and its inhabi.
of a misdemeanor, and,upon conviction
tants; and, ` t' ' r
therefor, shall be fined any l sum not
WHEREAS, the City Council of the
exceeding $200.00, and each -'and every
City of Allen, Texas,•having considered
day that such violation continues shall
all opposition: to the issuance of said
be cwn'sidered a separate offense; provid-
special exception permit and the vote in
ed, however, that such penal provision
i favor of the..same being in compliance
shall not preclude a. suit to enjoin such
[ with the laws and statutes -of the State of
violation.
Texas; —
! NOW; -THEREFORE, BE IT.OR-•
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SECTION -7: That should any part or
DAINED BY THE COUNCIL OF THE
Portion of this Ordinance, or of the use
CITYOF•ALLEN; -TEXAS: z
�' (
created herein affecting the aforemen-
'tioned
• � � • .
property, be declared unconstitu-
r SECTION 1: That the following
tional or invalid by a Court of competent
described property shall be issued a
jurisdiction, it is expressly provided that
special exception permit, which property
any and all remaining portions and those
is located in the City of Allen, Texas,
Providing for within this Ordinance shall
• and is presently zoned LR (Local Retail),
remain m full, force and effect.
to -wit:
SITUATED in Collin -County; Texas,
r ;
SECTION, 8: The caption of this
t outof the David Wetsel Survey,
'
Ordinance shall be published one time in'
Abstract No. 977, and being a part of the
a weekly newspaper published in the
18.5065 acre 'tract of land conveyed to
Henry''H.
City , of, Allen, _,Texas,, and shall be'
effective immediately'upori
Dickerson Jr.,+Trdstee, as
ies"passage
+ recorded in Volume 1016, Page 843 of the
and such publication.
Collin County Deed Records, and being
PASSED AND APPROVED BY THE
more particularly described as follows:
CITY COUNCIL OF THE CITY OF
+ BEGINNING.at a point for corner in
ALLEN, TEXAS, on this the 16 day of
the South line'of F.M. Highway No.
June, 1977
2170, said corner being in the Northwest
r r + -s- Frank Dugger
corner of a 0.4935 acre tract recorded in
City of Allen, Texas
the name of Roger Chaney in Volume
'
a 1022, : Page 608 of the Collin County
Correctly Recorded:
Deed `Records: '
Juanelle Cooksey
THENCE SOUTH 0 degrees 33
City Secretary
minutes 40 se' as Wgat 215.00 feet
'66 f/i
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve
__ months prior to publishing
97 7
of which the attached is a true and writterf'copy, and which was published in THE ALLEN AMERICAN on
and which was issued on 7 /,� 7 , by Gl/Q�C�CGr/ U✓�/�LC�/
of Collin County, Texas. A irrinted copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this —/ '
o-�
Publisher's Fee $
da o —,I UST , A.D. 19� .
ary Public in and for Collin County, Texas
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NQ -T.
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PUBLIC HEARING
_i
The City Council will conduct a
Public Hearing; June.16;-1977 at
7:30 p.m:, to corisiddr 'a Special
Exception, request, from, -Joe Mc-
Cauley to allow the , bperation of
a Day School in a Local Retail '-i
Zone. Property is a. one -acre
tract of land located in the }David y ,
Wetsel * Survey, abstract ''No.
977.
�{ Anyone wishing to' s'p'eak or� {
against tliis " request should be
pres6et_ t this time. Hearing will
be held in the Municipal Build -
r
Ing. F- 7 FYI u O,
_-s-Walter Curtis
Plan'Administrator