O-734-9-86ORDINANCE NO. 7 3 4- 9- 8 6
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81 AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE
FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO"
(AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO PERMANENT
ZONING OF "R-5" (RESIDENTIAL), SAID TRACT OF LAND` BEING
DESCRIBED AS FOLLOWS: APPROXIMATELY 5.5 ACRES OF LAND
LYING IN THE J. T. ROBERTS SURVEY, ABSTRACT NO. 777, COLLIN
COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR
EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the City Planning and Zoning Commission of the City of Allen, and
the governing body of the City of Allen, in compliance with the laws of the State of
Texas and the ordinances of the City of Allen, have given the requisite notices by
publication and otherwise, and after holding due hearings and affording full and fair
hearing to all the property owners generally and to all persons interested and situated in
the affected area, and in the vicinity thereof, and in the exercise of its legislative
discretion, have concluded that Comprehensive Zoning Ordinance No. 366-10-81, as
previously amended, should be amended:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE
CITY OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81, as
previously amended, be and the same is hereby amended by amending the Zoning Map of
the City of Allen on 5.5 acres of land described in Exhibit "A" attached hereto and
made a part hereof for all purposes by changing the zoning classification from "AO"
(Agricultural -Open Space) to permanent zoning of "R-5" (Residential).
SECTION 2. That all ordinances of the City of Allen in conflict with the
provisions of this ordinance shall be, and the same are hereby, repealed; provided,
however, that all other provisions of said ordinances not in conflict herewith shall
remain in full force and effect.
Ordinance No. 7 34-9-8 6 - Page 1
SECTION 3. That the property described in Exhibit "A" attached hereto shall
be used in the manner and for the purposes provided for by the Comprehensive Zoning
Ordinance of the City of Allen, as heretofore amended, and as amended herein by the
granting of this zoning classification.
SECTION 4. That any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same penalty as provided
for in Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as
heretofore amended, and upon conviction shall be punished by a fine not to exceed the
sum of One Thousand Dollars (11,000.00) for each offense.
SECTION 5. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance
are severable, and if any phrase, clause, sentence or section of this ordinance shall be
declared unconstitutional or invalid by any judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining
phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
SECTION 6. That this ordinance shall take effect immediately from and
after its passage and publication in accordance with the provisions of the Charter of the
City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 18th DAY OF SEPTEMBER 1986.
APPROVED:
Donald P. Rodenbaugh, Mayor
ATTEST:
M aa , &'/Vj�
Marty Hendrix, C C, City Secretary
APPROVED AS TO FORM:
A. Donorney
Ordinance No. 734-9-86 - Page 2
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared 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-
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