O-382-2-82ORDINANCE NO. 382-2-82
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, REPEALING SECTION 2.06, PARK DEDICATION, OF THE
CITY OF ALLEN, TEXAS, SUBDIVISION REGULATIONS, ORDINANCE
NO. 273; AMENDING SECTION 3.04 - 5A, BY REQUIRING THAT
A FINAL PLAT BEAR THE SEAL OF A LICENSED LAND SURVEYOR,
REGISTERED IN THE STATE OF TEXAS; AND AMENDING SECTION
4.08 - 3, BY REQUIRING SIDEWALKS IN ALL RESIDENTIAL AND
INDUSTRIAL DISTRICTS; PROVIDING A PENALTY CLAUSE, A
SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Planning andiZoning Commission of
the City of Allen, has reviewed the City of Allen
Subdivision Regulations Ordinance No. 273; and,
WHEREAS, the Planning and Zoning Commission
is of the opinion that Section 2.06, Park Dedication,
has been held to be unconstitutional, and that
Section 2.06, Park Dedication, should be repealed in
its entirety; and,
WHEREAS, the Planning and Zoning Commission.in
its review did recommend that Section 3.04 - 5A,
be changed to read as follows:
5. Certificates Required.
A. Certification by a licensed land surveyor
registered in the State of Texas to the effect that the
plat represents a survey made by him or under his
direct supervision and all the monuments shown thereon
actually exist and that their location, size, and mater-
ial are correctly shown; and,
WHEREAS, the Planning and Zoning Commission,
after review and study, did recommend that Section
4.08 - 3 be amended to read as follows:
3. Sidewalks - Paved sidewalks shall be provided
along and adjacent to both sides of all thoroughfares
and collectors; and along and adjacent to both sides
of all streets located within or adjacent to any
residential or industrial districts.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ALLEN, TEXAS:
SECTION 1. That from and after the effective date
of this ordinance, Section 2.06 of the City of Allen,
Texas, Subdivision Regulations Ordinance No. 273, is
repealed in its entirity.
ORDINANCE NO. 382-2-82 1
Page 2
SECTION 2. That from and after the effective
date of this Ordinance, Section 3.04 - 5A of the
City of Allen, Texas, Subdivision Regulations Ordinance
No. 273, is hereby amended in the following manner and
shall read as follows to wit:
5. Certificates Required.
A. Certification by a licensed land surveyor
registered in the State of Texas to the effect that
the plat represents a survey made by him or under his
direct supervision and all the monuments shown thereon
actually exist and that their location, size, and material
are correctly shown.
SECTION 3. That from and after the effective
date of this Ordinance Section 4.08 - 3 of the City
of Allen, Texas, Subdivision Regulations, Ordinance
No. 273, is hereby amended in the following manner and
shall read as follows to wit:
3. Sidewalks - Paved sidewalks shall be provided
along and adjacent to both sides of all thoroughfares
and collectors; and along and adjacent to both sides
of all streets located within or adjacent to any
residential or industrial districts.
SECTION 4. All provisions of the ordinances of
the City of Allen in conflict with the provisions
of this ordinance are hereby repealed, and all other
provisions of the ordinances of the City of Allen
not in conflict with the provisions of this ordinance
shall remain in full force in effect.
SECTION 5. Any person, firm, or corporation
violating any of the provisions or terms of this ordin-
ance shall be subject to the same penalty as provided
for in the City of Allen, Texas, Subdivision Regulations
Ordinance No. 273, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed
the sum of $200.00 for each offense, and each and
every day such violations shall continue shall be
deemed to constitute a separate offense.
SECTION 6. It is the intention of the City
Council that this ordinance and every provision thereof
shall be considered severable, and the invalidity
of any section, clause, or provision, or part or portion
of any section, clause, or provision of this ordinance
shall not affect the validity of any other portion of
this ordinance.
SECTION 7. This ordinance shall become effective
immediately upon its.passage and publication as required
by law.
Ordinance No. 382-2-82 Page 3
DULY PASSED AND APPROVED by the City Council
of the City of Allen, Texas, on the 18th day of
February A.D., 1982.
APPROVED•
Al
MAYOR M. B. Pierson
ATTEST:
�V
CITY SECRETAA Marty Hendri
APPROVED AS TO FORM:
CITY ATTORNEY