O-237-2-78CITY OF ALLEN, TEXAS, ORDINANCE NO. 237
AN ORDINANCE AUTHORIZING A SPECIAL EXCEPTION PERMIT IN
ACCORDANCE WITH SECTION b OF ORDINANCE NO.129 -,PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE
PROPERTY DESCRIBED AS PART OF LOTS 3B AND 4B, BLOCK 15,
OLD DONATION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, BE
ISSUED A SPECIAL EXCEPTION PERMIT FOR THE OPERATION OF
A GLASS BUSINESS WITH THE INSTALLATION OF AUTOMOBILE GLASS
AND THE FABRICATION OF STORM DOORS AND WINDOWS; 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 operation of'a glass business with
the installation of automobile glass and the fabrication of
storm doors and windows; and
WHEREAS, said request is in accordance with the permissible
special exceptions authorized in Section ) of Ordinance
179 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:
f M,•
s
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:
BEING the West 1/2 of Lot 4 and the East 30.00 feet of Lot
3, in Block 15 of the Original Townsite of Allen, Texas, a plat
of the same being of record in Volume 6, Pages 151,152-3, Deed
Records of Collin County, Texas, more fully described as follows:
BEGINNING 75.00 ft. N. 78 deg 00' West of the Southeast
corner of Lot No. 5, Block 15, in the North line of East Main
Street of tract conveyed to W. F. Dutton by Florence Spradley et
al, recorded in Volume 328, Page 91, of Collin County Deed Records;
THENCE N. 78 deg 00' W. along the South lines of Lots 4 and
3, Block 15, in the North line of East Main Street a distance of
55.00 ft. to corner in old fence line the long recognized property
line;
THENCE N. 12 deg 00' E. along old fence line the long
recognized property line a distance of 115.00 ft. to corner in
the North line of Lot 3, in the South line of a 20.00 ft. wide
alley;
THENCE S. 78 deg 00' E. along the North line of Lots 3 and
4 and South line of alley a distance of 55.00 ft. to corner the
same being the center of the North line of Lot No. 4;
THENCE S. 12 deg 00' W. along the center of Lot 4, a distance
of 115.00 ft. to the PLACE OF BEGINNING and containing a total of
6325 square feet of area.
SECTION 2: That said special exception permit shall
authorize the persons occupying the said property to conduct a
gla"ss business with the installation of automobile glass and
the fabrication of storm doors and windows 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 glass business
with the installation of automobiA)glass and the fabrication
of storm doors and windows.
SECTION 4: That said special exception permit shall remain
in force and effect only so long as such property -is used for
the purpose of operating a glass business with the installation
automobile glass and the fabrication of storm doors and
windows.
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 that of a glass business with the installation
of automobile glass and therfabrication of storm doors and
windows.
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
afofementioned 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 February 1978.
Frank Dugger, Ma
City of Allen, Texas
CORRECTLY RECORDED:
ity 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
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on . �% ZZ by 9A Llt
of Collin County, Texas. A printed copy of said publication is attached hereto.
T
SUBSCRIBED AND SWORN to before me this o1 day of A4 &A -a, , A.D. 19 1 .
(QA_0 I , D
/Z/
Notary Public in and for Collin County, Texas
Publisher's Fee $
a / ,? a,7-7 h & !7 �K .
THE ALLEN AMERICAN, Monday, March 20, 1978
Ordinanee+b- 237
CITY I)F ALLEN, TEXAS
" ORDINANCE-NO.237,
AN,ORDINANCE AUtkd— -t- ' A1�
" SPECIAL EXCEPTION.,PERMIT IN+,
ACCORDANCE WITH SECTION OF
I ORDINANCE NO. -129; PROVIDING
i FOR THE ISSUANCE OF THE
" SAME; PROVIDING THAT THE t
OF LOTS -3B PROPERTY DESCRIBED AS PART
r OLD DONATION TO TO
THE CITY OF
K 15,
ALLEN, COLLIN COUNTY, EXCEP- y
BE ISSUED TEXAS;
A -SPECIAL
TION PERMIT FOR THE OPER-
ATION' OF A GLASS BUSINESS
AUTOMOBILE
WITH THE INSTALLATION OF I
FABR CATION OF ASS AND THE
AND WINDOWS; STROMROVIDI DOORS
" A PENALTY FOR A VIOLATION F
NG FOR
FORTHIS ORDINANCE PROVIDING
THIS AN EFFECTIVE DATE OF
ING ORD HENPUB ICq ION OF
I THE CAPTION HEREOF.
'NOW THEREFORE, BE IT OR.
RAINED BY THE COUNCIL of the y
City of alien, texas;.
The caption of this
published one tOrdinance shall be
ime in a weekly news.
paper published in the City of Allen,
Texas, and shall, be effective immedi
ately upon its pass . "
age and 'such
Publication.
PASSED AND APPROVED BY THE
CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, on this the 16th day
of February, 1978.
-§-Frank Dugger. Mayor
_ City of AIlen, Texas
CORRECTLY RECORDED:
Juanelle Cooksey,
City Secretary