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O-221-8-77y� 1 CITY OF ALLEN, TEXAS, ORDINANCE NO. 221 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 LOT 4B OF BLOCK K OF THE OLD DONATION TO THE CITY OF ALLEN, TEXAS, BE ISSUED A SPECIAL EXCEPTION PERMIT FOR THE SALE OF USED CARS AND TRUCKS IN LOCAL RETAIL ZONE; 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 exception permit for the sale of used cars and trucks in local retail zone; 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: SECTION 1: That the following described property shall be issued a special exception permit, which property is located in F � r E the City of Allen, Texas, and is presently zoned LR (Local Retail) to -wit: SITUATED in Collin County, Texas, and being Lot 4B of Block K of the Old Donation to the City of Allen, Texas. SECTION 2: That said special exception permit shall authorize the persons occupying the said property to conduct the sale of used cars and trucks in local retail zone 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 sale of used cars and trucks in local retail zone. 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 sale of used cars and trucks 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 for any person, firm or corporation to conduct any operation or business other than the sale of used cars and trucks. 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 day of , 1977. Fr`ahk Dugger, May City of Allen, Texas CORRECTLY RECORDED: City Secretary 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 Z70 a / of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 12, V / -7"97 and which was issued on �/Gia%by of Collin County, Texas. A printed c py of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this4�O/ Publisher's Fee $ Tuesday, September 6,1977 --ALLEN AMERICAN --Page Public Notice 693 WORDS Ordinance 221 CITY OF ALLEN, TEXAS ORDINANCE NO. 221 n AN ORDINANCE AUTHORIZING A r'SPECIAL EXCEPTION PERMIT IN ACCORDANCE ' WITH SECTION D '!--OF ORDINANCE NO. 129; PROVID- ; ING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE PROPERTY DESCIRBED AS LOT 4B a0F BLOCK K OF THE OLD DONA- TION TO THE CITY OF ALLEN, ;IPEXAS,. 'BE ISSUED A SPECIAL EXCEPTION PERMIT FOR THE $ALE OF USED CARS AND TRUCKS ' IN LOCAL RETAIL ZONE; PRO- MI)ING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE; p PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND ��P,.ROVIDING FOR THE PUBLICA- ci ION OF THE CAPTION HEREOiX- WHEREAS, a request having been " made to the Planning and Zoning ' r Commission of the City of Allen, Texas, Ifor a special exception permit for the sale of used cars and trucks in local retail zone; and (� WHEREAS, said request is in accordance with the permissible special exceptions authorized in Section D or Ordinance 129 and all notices required by said Ordinance and by law having been in all respects complied with; and,3C WHEREAS, the Planning and Zoning i 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 o�Alien, Texas and its inhabitants; and, .--) I I J I WHEREAS, the City Council of the City of Allen, Texas, having considered' j 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; R� NOW, THEREFORE, BE IT OR- DAINED BY THE COUNCIL OF THE CITY OF ALLEN, TEXAS: x 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, and being Lot 4B of Block K,of,the Old Donation to the City of Allen; Texas. I ' SECTION 2: That said special ' exception permit shall authorize the persons occupying the said property to conduct the sale of used cars and• trucks in local retail zone in.aceordance with the M authorized 'special exceptions contained f in Section D of Zoning Ordinance 129-,1;;, SECTION , 3: That said special exception permit shall be and is hereby issued to Permit the sale of.used cars and