O-2341-10-04ORDINANCE NO. 2341-10-04
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
ADOPTING AND ENACTING A CODE OF ORDINANCES, 2004 EDITION;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN, EXCEPT AS HEREAFTER SPECIFICALLY PROVIDED; PROVIDING
FOR A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, THAT:
SECTION 1. A Code of Ordinances, 2004 Edition, is hereby adopted and enacted as the "Code of
Ordinances of the City of Allen, Texas" and shall be treated and considered as a new and original
comprehensive Code of Ordinances, which shall supersede all other general and permanent ordinances passed
by the City Council on or before July 27, 2004, to the extent provided in Section 2 hereof.
SECTION 2. All provisions of such Code shall be in full force and effect from and after the 12th day of
October, 2004, and all ordinances of a general and permanent nature of the City of Allen, enacted on final
passage on or before the 27th day of July, 2004, and not in such Code or recognized and continued in force by
reference therein are hereby repealed from and after the 12th day of October, 2004, except as hereafter
' provided.
SECTION 3. The repeal provided for in Section 2 hereof shall not affect any of the following
(1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or
right established or accruing before the effective date of such Code;
(2) Any ordinances promising or guaranteeing the payment of money for the City, or authorizing
the issuance of any bonds of the City or any evidence of the City's indebtedness;
(3) Any contract or obligation assumed by the City;
(4) Any right or franchise granted by the City;
(5) Any ordinance dedicating, naming, establishing, locating relocating, opening, paving,
widening vacating, etc., any street or public way in the City;
(6) Any ordinance relating to municipal strut maintenance agreements with the State of Texas or
County of Collin;
(7) Any ordinance establishing or prescribing grades for streets in the City;
(8) Any appropriation ordinance or ordinances providing for the levy of taxes or for an annual
budget;
' (9) Any ordinance relating to local improvements and assessments therefor;
(10) Any ordinance annexing territory to the City or discontinuing territory as a part of the City;
(11) Any ordinance establishing rates to be charged by publicly, privately or semi -publicly owned
utility companies;
' (12) Any ordinance dedicating or accepting any plat or subdivision in the City;
(13) Any ordinance amending the Allen Land Development Code, the Zoning Map or rezoning
specific property; and
(14) Any ordinance enacted after October 12, 2004.
The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part
thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
SECTION 4. Whenever in such Code an act is prohibited or is made or declared to be unlawful or an
offense or misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act
is declared to be unlawful and no specific penalty is provided therefor, the violation of any such provision of
such Code shall be punished by fine not to exceed the sum of five hundred dollars ($500), except that a fine
not to exceed two thousand dollars ($2,000) may be imposed for violating provisions that govern fire safety,
zoning or public health and sanitation, including dumping of refuse, as provided in such Code and except that
a fine shall not exceed or he less than the penalty prescribed by state law.
SECTION 5. Any and all additions and amendments to such Code, when passed in such form as to indicate
the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such
Code so that the reference to the "City Code of Allen, Texas" shall be understood and intended to include
such additions and amendments.
SECTION & In case of the amendment of any section of such Code for which a penalty is not provided, the
general penalty as provided in Section 4 of this ordinance and such Code shall apply to the section as
amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned
general penalty, is provided in another section in the same chapter, the penalty so provided in such other
sections shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.
SECTION 7. A copy of such Code shall be kept on file in the office of the City Secretary preserved in
looseleaf form, or in such other form as the City Secretary may consider most expedient. It shall be the
express duty of the City Secretary, or someone authorized by the City Secretary, to insert in their designated
places all amendments or ordinances which indicate the intention of City Council to make the same as part of
such Code then the same have been printed or reprinted in page form, and to extract from such Code all
provisions which may be from time to time repealed by the City Council. This copy of such Code shall be
available for all persons designed to examine the same.
SECTION S. It shall be unlawful for any person to change or amend, by additions or deletions, any part or
portion of such Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in
any manner whatsoever which will cause the law of the City of Allen to be misrepresented thereby. Any
person violating this section shall be punished as provided for in Section 4 of this ordinance.
SECTION 9. All provisions of the ordinances of the City of Allen in conflict with the provisions of this
ordinance be and the same are hereby repealed and any provisions not so in conflict shall remain in force and
effect.
' SECTION 10. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be constitutional, illegal or invalid, the same shall not affect the validity of this ordinance
as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or
unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole.
Ordinance No. 2341-10-04, Page 2
SECTION 11. This ordinance shall take effect immediately from and after its passage and the publication of
' the caption as the law in such cases provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12ru DAY OF OCTOBER 2004.
APPROVED:
4 P, ff-u?
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. Georg C, CITY SW RET�ARY
Ordinance No. 2341-10-04 Page 3