O-761-11-86ORDINANCE NO. 761-11-86
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING THE CITY OF ALLEN CODE OF ORDINANCES,
CHAPTER 4, "BUILDINGS AND BUILDING REGULATIONS", ARTICLE I,
"IN GENERAL", SECTION 4-3, "ADOPTION OF BUILDING CODES", AND
AMENDING SECTION I OF ORDINANCE NO. 48 BY AMENDING
SECTION II OF ORDINANCE NO. 592-3-85; AS HERETOFORE
AMENDED BY DELETING PART 5 -PLUMBING CHAPTERS 20, 21, 22,
23, 24, AND 25 OF THE CABO ONE AND TWO FAMILY DWELLING
CODE OF THE COUNCIL OF AMERICAN BUILDING OFFICIALS;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Building Official has reviewed Part 5 -Plumbing, Chapters 20, 21,
22, 23, 24, and 25, of the CABO One and Two Family Dwelling Code of the Council of
American Building Officials; and,
WHEREAS, the Building Official has further reviewed the adopted Uniform
Plumbing Code; and,
WHEREAS, the Building Official is of the opinion that the Uniform Plumbing
Code better protects the health, safety and welfare of the community in new
construction of single and two-family dwellings; and,
WHEREAS, the City Council has reviewed the recommendations of the Building
Official and concurs;
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 I of Ordinance No. 48 is hereby amended by amending Section II of Ordinance
No. 592-3-85 in the following manner, and Section I of Ordinance No. 48 and Section II
of Ordinance No. 592-3-85, and Chapter 4, 'Buildings and Building Regulations", Article
I, "In General", Section 4-3, "Adoption of Building Codes", of the City of Allen Code of
Ordinances shall read as follows, to -wit:
761-11-86
Ordinance No. ____ _ - -Page 1
"SECTION I: ADOPTION OF BUILDING CODES
There is hereby adopted by the City of Allen for the purpose of
establishing rules and regulations for the construction, alteration,
removal, demolition, equipment use and occupancy, location and
maintenance of buildings and structures, including permits and penalties,
the following codes:
A. Uniform Building Code, being in particular the 1982 Edition
and including future amendments or revisions as they are
published and shall be in effect except as it may be in
conflict with the provisions of any ordinance of the City of
Allen.
B. National Electrical Code of the National Fire Protection
Association, being in particular the 1984 Edition and also to
include any and all future amendments or revisions as they
are published and shall be in effect except as it may be in
conflict with the provisions of any ordinance of the City of
Allen.
C. Uniform Plumbing Code, being in particular the 1982 Edition
and also to include any and all future amendments or
revisions as they are published and shall be in effect except
as it may be in conflict with the provisions of any ordinance
of the City of Allen.
D. Uniform Mechanical Code, being in particular the 1982
Edition and also to include any and all future amendments or
revisions as they are published and shall be in effect except
as it may be in conflict with the provisions of any ordinance
of the City of Allen.
E. CABO One and Two Family Dwelling Code of the Council of
American Building Officals, being in particular the 1983
Edition, but not including Part 5 -Plumbing, Chapters 20, 21,
22, 23, 24, and 25, and also to include any and all future
amendments or revisions as they are published and shall be
in effect except requirements for plumbing or as they may
be in conflict with the provisions of any ordinance of the
City of Allen."
SECTION 2: 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, 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 remaining phrase,
Ordinance No. 761-11-86 - Page 2
clause, sentence, paragraph, or section of this Ordinance; and the City Council hereby
declares that it would have passed the remaining portions even though it had known the
affected parts would be held unconstitutional.
SECTION 3: Any person, parties in interest, or corporation who shall violate
any of the provisions of this Ordinance or fail to comply therewith or with any of the
requirements thereof shall be subject to prosecution, and upon conviction shall be
punished by a fine of not more than One Thousand Dollars ($1,000.00), and each day that
such violation shall be permitted to exist or continue shall constitute a separate
offense. In the event a corporation is the violator of any of the provisions of this
Ordinance, each officer, agent, and employee of such corporation who is responsible for
or contributes to such violation in any manner shall be individually and severally liable
for the penalties herein prescribed. Where any person is acting solely as agent for the
party in ownership, no penalties under this seciton shall be assessed against such agent
as such.
SECTION 4: The caption of this Ordinance shall be published one (1) time in
a weekly newspaper published in the City of Allen and shall be effective immediately
upon its passage and publication.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, on the 6th day of November , 1986.
APPROVED:
Donald P. Rodenbaugh, May,
ATTEST:
Marty Hendrix, CM City Secretary
APP
A. Don ttorney
Ordinance No. 761-11-86 - Page 3
AFFIDAVIT A" PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN Charles F. Barnard, Jr,
BEFORE ME, the undersigned authority, on this day personally appeared ho 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
Public Notice - Ord. # 758-11-86, 760-11-86, 761-11-86
y, and which was published in THE ALLEN AMERICAN on
which the attached is a true and written cop tj
November 12 and 16, 1986
November 12, 1986 by The City of Allen. " I "Tk& .
and which was issued on
,'of Collin County, Texas. A printed copy of said publication is atta ched h
SUBSCRIBED AND SWORN to b I efore me this 8th day of December A.D. 19
Palic in and for Collin County, Texas
97.20 Notary
'Publisher's Fee t
FALLEN CITY OF ALL .. ...... ....... —
41 -,'PVBL C NOTICE PUBLIC NOTICE,
Chapter* to 20, 21, 22. 23. 24,'and 25 of the
here Noll I
N I n that the following Chapters 20, 211,22. ?3, 2k and 25 of the Noll Is by Ivan that to fi
I s weretheAli n City CABO One and Two Family Dwelling Code ordi U ad Allen City CABG One and Two Family Dwelling Code
el Coul in air res ir hold on of Me Council of American Sul
r Ion held on of the Council of American Building Offi-
Ai. go tore
ho vie nal�ce 1pe Allen
WFofedt%
r
so
11 1 held
Itles, and data; Providing for a Severability Clause;
ly P ( ':
Thur Y. embe 198
u a (T1086 and dais; Providing for a Severability Clause; 10 1:41
141poin ty aures, ly Providing p Penalty for Viblation,of This? C 0y 0 Providing a Penalty for Violation of This
11nce o 5 - -86: Ari Ordi- Or an,, , No: 7 -1 Ordl-, Ordinance: Providing for the Pi
I
N 1 80 Ordinance; Providing for the City OL
I Collin
0 In 8 Publication of; Tex of
vo Zoning
.0 . ence of the City of Allen, Collin County,�the Caption Hereof; and Providing for an city of Collin nty. the Caption Herod; and P for ant
axes nding Comprehensive Zoning Effective Date. Tax Amending vo Zoning Effective Date.
o.,.-, 366-10-8) � as. PrOVIOU31y, Ordinance No. 366-10-81 as Previously Any person, parties In Interest• or
Drdi Any person, In interest, or corpo-, mended coqx)l
kme as to Change the Following', ration who shall violate any of the provl-; A so " to Change the Following- ration who shall violate any of the pro*
DW red of Land from *AO* (AgrPsions of this prdinance or, fail to comply Described Tract of Land from 'AO* (Agri ' dons' d fts ordinance or fail 14,, comply,
suftural. Open Space) Classificatign to,therewith or with any of thi requirements cultural — Open Space) Classification to therewith or with any of the requiremental
rrrianent Zoning of 'R-5* (Residential), � the shall be subject to prosecution, and Permanent Zoning of "R-5" (Residential), ; therrodshill be subject to'prosecution, am'
5:Id Tract of Land Being Described as upon conviction shall be punished by a fine Said Tract of Land Being Described as' upon conviction "I be'purdshedl bv a me
oyvi- Approximately 34.2 Acres of Land:of not more than One Thousand Dollars Follows. Approximately 34.2 Acres of Land of not more than One thous" Dollars�
Lying in the J.T. Roberts Survey, Abstract 1($1,000.00), and each day that such viola- Lying In the'J.T. Roberts Survey, Abstract ($1.000.00), NW each day that such viola-;
4, 777, and, the Henry Weisel Survey,, tion shall be permitted to exist or continue No. 777, and the Henry Weisel Survey. tion *hall be permitted to o" or continue
N*foct No., 1026,- Collin County, Texas; I shall constitute a separate offense. in the Abstract No. 1026, Collin County, Texas; &W constitute a separate often". In the
roviding for. a Penalty of Fine Not tO'event a corportion is the violator of any of Providing for a Penalty of Fine Not to event a corportion Is the violator of any of
xceed the Sum of One Thousand Dollars the provisions of this ordinance, each office Exceed the Sum of One Thom" Dollars, the provisions of this ordinance, each otk,�,
$1,000.00) for, Each Offense; Providing or, agent, and employee of such corpora- ($1,000.00) for Each Offense; Providing or, agent, and employes of such oorpofeq,
or a Soverability, Clause; and Providing for tion who Is responsible for or contributes to for a Severability Clause; and Providing for tion who is responsible for or convibulas %6
he Effective Date of Said Ordinance. . ; 11 such violation in any manner shall be indi- the Effective Date of Said Ordinance. s 'such violation In any manner shell be kK*,'
,- -That . iiny person,' firm or corporation vidually and severally liable for the penap That any, person, firm or, corporation . vidually and severally liable for the penal.
�61atingany of, the, provisloni *or terms 91 ties herein prescribed.. Where any person violating any of the provisions or terms of lies heroin proscribed. ~o any psrsort
this ordinance aWl'be subject to the same I is acting solely as agent for the party in this ordinance shall be subject to the same, is sc"� solely as agent for the Ini
pena#y as provided for in Comprehonsivi ownership, no penalties under this section as provided for in Comprehensive ownership, no penalties under
this section(
koni Ordinance, No. 366-10-81 Of the shall be assessed against such agent as= Ordinance No 366- 10-81 Of the "I be assessed loch agCnt
r
r City OTAII&n, as heretofore amended, ad such.
City Onion, as heretofore amended, and such.
upon gQnvicHon shelf be punished by a fine Copies of theie ordinances may be read upon OOnv"m "I be punished by a ftm Copies of these ordinances may be read
not to exceed the sum of One Thousand or purchased in the office of the; Citi not to exceed the sum of One Thousand or purchased In the office of the City,!
City of Allen, One Butler CJrdo,!
Niiiij ($1,000.00) for each offense. Secretary. City of Men, One Butler Circle, Dollars ($1,000.00) for each offense. Secretary, C
Ordinance No. 760-11 -86: An Ordi' Allen, Texas.
Ordipance"No.' 760-11-86: An Ordi- Allen, Texas,,', .. I Z - .
nonce of the City of Allen, Coffin
of Allen, Collin Q)unty,.. . $� ;.1 - _'1*_1i, '�
anoe'of the CM %, # .1 . County. M Hand-rik
Texas- Declaring' the Necessity' for and Marty Hendrix Texas, Declaring Ow Necessity for
City
.-Y1
Offering the Paving Improvements of a' . City Secretary Offering the Paving Improvements of a
i portion of Jupiter Road, Further Described',
portion of Jupiter Road,. Further Described" , - i, -, i
'Portion of, Jupiter, Road from � (TO BE PUBLISHED' IN THE ALLENas Being a Portion of Jupiter Road from (TO 13E PUBLISHED IN THE 'ALLEN
as-, Ing a
F,2170 to the Intersecting Point of the AMERICAN ON WEDNESDAY, NOVEM. F.M. 2170 to the Intersecting Point of the `AMERICAN ON WEDNESDAYtNOVEMI
.M. . Concrete Improved Road Section North al"BER12, 1888 AND SUNDAY., NOVEW�
r—otta lmnmvad Road Section North of BER 12, 1986 AND SUNDAY, NOVEM
NhIte •Oak, Drive.. Said �'Portions, Being - BER 16, 1986.) White Oak Drive, Said Portions being BER 16, 19M.)
*einafter.'Descritied and in the City of, Hereinafter Described and in the City of
Nien. Colinty.Texas; Approving the Allen, Collin County, Texas; Approving the
lar ocifications for Such Work:", Plans and Specificallons for Such Work; U if a City Manager to Advertise', Authorizing the City Manager to Advertl"
or Bi Directing the Preparation of; for Bids; and Directing the Preparation of
stirriales invoking the Procedure Provid=" Estimates Invoking the Procedure Provid-
Ing by -Article -1105(b) VCS; Determining, Ing by Article 1105(b) VCS; Determining
Thlit v,Part of the Cost Shall Be Borne bye That a Part of the Cost Shall Be Borne by
the Abutting Properties and tho Ownqr33 the Abutting Properties and the Owners
Thered; providing for the Assessment of a', Thereof; Providing for the Assessment of a
Portion of the Cost to be Boma By Property,, Portion of the Cost to be Some By Property
owners; and For j1he, Fixing ot,a Lien.,Io-v Owners; and For the Fixing of a Lion to
Secure Payment 'of Such Assessments" Secure Payment of Such Assesernerits;
Stating the TIM WkfMann6r P403"Ti
10f) Stating the me and Manner Proposed for
Payment of All Such Costs; Authorizing the Payment of All Such Costs Authoft�nq the
City secretary to Cause a Notice of the'�, City Secretary to Cause Noilcold-4
Adoption of This Ordinance to Be Filed in Adoption at This Ordinance to Be Filed In
the Land Records of Collin County, Texas' the Land Records of Collin County, Texas'
and Providing for an Effective Date. and Providing for an Effective Date,
Ordinance No. 761.11-86: An Ordi-po Nq 011011
I Ordln4n- 700; AjisOi,,,,,
.1
nanoe of the City of Allen, Collin County,' . , mance of the City'd Allen, Collin CoxAy.i
Texas, Amending the City of Allen Code ofTexas. Amending the City of Allen Code of
Otdinances, 'Chapter 4,• "Buildings and � Ordinances,- Chapter 4, 'Buildings and
Building u a a*, Article 1, "In Gener-4 Building Regulations% Arfide 1, 1n Goner',
,at*, Sectlon,4,3.,,,,,'A option of Buildingi at", Section 4-3, 'Adoption of Building
Codes",,ond Am di Ion I of Oidi-j Codes". mW Amending Section I of Ordi-
nance No. 48 riding Section If oil nonce No. 48 by Amending Section 11 of
firdinjane-A-Na- 592-3-85. as Heretofore' Ordinance No. 592-3-85. as Heretofore