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O-1432-6-96ORDINANCE NO. 14 3 2- 6- 9 6 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 BY APPROVING A SPECIFIC USE PERMPI' FOR A RESTAURANT/PRIVATE CLUB WITH EXHIBIT "A" SITE PLAN, EX 1131T "B" LANDSCAPE PLAN AND EXHIBIT "Co FLOOR PLAN APPROVAL ON THE FOLLOWING -DESCRIBED TRACT OF LAND: LOT 1, BLOCK 2, CENTURY RETAIL ADDITION, THE WILLIAM PERRIN SURVEY, ABSTRACT 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABH= CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE WHEREAS, the 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. 1425-5-96 should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, be and the same is hereby amended by approving a specific use permit for a restaurant/private club with site plan, landscape plan and floor plan approval on Lot 1, Block 2 of the Century Retail Addition located in the Central Business District, William Perrin Survey, Abstract 708, of the City of Allen, Collin County, Texas. SECTION 2: The property described as Lot 1, Block 2, of the Century Retail Addition, William Perrin Survey, Abstract 708, of the City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 1 The site plan, landscape plan and floor plan, attached hereto as Exhibits "A," "B" and "C," respectively, and made a part hereof for all purposes, shall be adhered to in their entirety. SECTION 4: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5: 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. 1425-5-96 of the City of Allen and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 6: 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 7: 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 6TH DAY OF JUNE -9 1996. 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[ Rh~m t 11011 . / . , n I A * AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, _ CITY OF ALLEN on oath deposes and says: NOTICE OF PUBLIC HEARING That she Is the General Manager of THE ALLEN AMERICAN, a Notice is hereby given that the Allen newspaper published in COLLIN COUNTY, TEXAS, not less frequently than City Council will conduct a public hearing at their regular meeting to be held on once a week, having a general circulation in said county, and having been Thursday, May 16, 1996, at 7:30 p.m. in published regularly and continously for more than twelve (12) months the Council Chambers of the Allen Munici- pal Annex, One Butler Circle, Allen, prior to publishing Texas, to consider a request to attach a ` Specific Use Permit with site plan and floor plan approval to allow a Restarant/ Sup -Rest / P r i y a t e - l� tib Private Club at 401 Central Expressway of which the attached Is a true and written copy, and which was published South, located in the Century Retail Addition. in THE ALLEN AMERICAN on This request is on property described as being Lot 1, Block 2, Century Retail April 24, 1996 Addition; further described as being located at 401 Central Expressway South, and which was issued on Allen, Collin County, Texas. Anyone wishing to speak either FOR or AGAINST this request is invited to attend April 24, 1996 this public hearing and voice his or her opinion. For further information, contact the by City 0 f Allen of COLLIN COUNTY, TEXAS DepCity artment f of Allen,One Butler Ciircle, Allen, Texas, or by telephoning 727-0120. A printed copy of said publication is attached hereto. 4 F, T� /s/Judy Morrison City Secretary - -- SUBS BED ANDSWORN to before me this day A. 19q� IF Q . NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 19 . 2 5 ,< ,w!'L".: V. A. TODD MY COMMIZU'4 EXPIRES December 5, 19%. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she Is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1432-6-96 of which the attached is a true and written copy, and which was published In THE ALLEN AMERICAN on June 12 & June 15, 1996 and which was Issued on June 12, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. CA � / SUB,S,qRIBED AMSWOF3N to before me this day , A.D. 19 96 71- a - J-,,,�' NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee S 55 . 00 7i'•'� r<;,, TCDD Any COMMISSION EXPIRES CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, June 6, 1996 (Title and Penalty Clause only): Ordinance No. 1432-6-96: An Or mance o t e i;ityounce o t e City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96 by Approving a Specific Use Permit for a Restaurant/Private Club with Exhibit "A" Site Plan, Exhibit "B" Landscape Plan and Exhibit "C" Floor Plan Approval on the Following -Described Tract of Land: Lot 1, Block 2, Century Retail Addition, the William Perrin Survey, Abstract 708, City of Allen, Collin County; Texas; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Provid- ing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the , Isame penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as hereto- fore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary F Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, June 6, 1996 (Title and Penalty Clause only): Ordinance No. 1432-6-96: An, Or mance o t e -Clounce o t e City i of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96 by Approving a Specific Use Permit for a Restaurant/Private Club with Exhibit "A" Site Plan, Exhibit "B" I Landscape Plan and Exhibit "C" Floor Plan Approval on the Following -Described Tract of Land- Lot 1, Block 2, Century Retail Addition, the William Perrin Survey, Abstract 708, City of Allen, Collin County, Texas; Providing for a Penalty of Fine not I to Exceed the Sum of Two Thousand i Dollars ($2,000) for Each Offense; Provid- ing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. I 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 1425-5-96 of the City of Allen, as hereto- fore amended, and upon conviction shall r be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) 1 for each offense. A copy of this ordinance may be read or purchased in the office of the City ly Secretary, City of Allen, One Butler Cucle,.r Allen, Texas 75013. /s/Judy Morrison' City Secretary I