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O-1498-5-97ORDINANCE NO. 1496-5-97 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATINGA CERTAINAREAASAINDUMRW.REDWFSrMENCZONE; PROVIDING FOR THE ESTABLISHMENT OF AGREEMENTS WITHIN THE ZONE, AND OTHER MATTERS REIATINGTHERETO; PROVIDINGFEVDINGS OF FACT; PROVIDING A SEVERARRM CIAUSE; AND PROVIDING AN EFFECTIVE DATE FOR THE COMMENCEMENT OF THE REINVESTMENT ZONE AND THIS ORDINANCE. WHEREAS, the City Council of the City of Allen, Texas, desires to promote the development of a certain contiguous geographic area within its jurisdiction by the creation of a Reinvestment Zone, as authorized in Chapter 312 of the Texas Tax Code (the •Code"); and WHEREAS, a hearing before the City Council was held at 7:30 p.m. on the 15th day of May,1997, such date being not later than seven (7) days after the date of publication of the notice of such public hearing in a newspaper of general circulation in the City of Allen; and WHEREAS, the City has called a public hearing and published notice of such public hearing, and has property notified the proper officials of Collin County, Collin County Community College and the Allen Independent School District, as required by the Code; and, WHEREAS, at such hearing the City invited any interested person, or their representative, to appear and contend for or against the creation of the Reinvestment Zone, whether all or part of the territory, ' which is described by a metes and bounds description attached hereto as Exhibit "A" and depicted in the drawing attached hereto as Exhibit "B,"should be included in such proposed Reinvestment Zone; and, WHEREAS, all owners of property located within the proposed Reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest the creation of the proposed Reinvestment Zone or the inclusion of their property in such reinvestment zone; and WHEREAS, all activities within the Reinvestment Zone will adhere to the guidelines defined in City of Allen Comprehensive Zoning Ordinance No. 1425-5-96, and its amendments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT: SECTION 1: The City Council of the City of Allen, Texas, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on adoption of the Reinvestment Zone has been properly called, held and conducted and that notice of such hearing has been published as required by law. (b) That the City has jurisdiction to hold and conduct this public hearing on the creation of the proposed Reinvestment Zone pursuant to the Code. (c) That creation of the proposed zone with boundaries as described in Exhibits "A" and "B" will result in benefits to the City, its residents and property owners, and to the properly, residents and property owners in the Reinvestment Zone. (d) That the Reinvestment Zone, as defined in Exhibits "A" and "B," meets the criteria for the creation of a Reinvestment Zone as set forth in the Code in that: I(1) It is a contiguous geographic area located wholly within the corporate limits of the City. (2) The area will reasonably be likely, as a result of the designation, to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City. (3) No pan of the property in the Reinvestment Zone is owned or leased by a member of the governing body of the City of Allen or by a member of a zoning or planning board or commission of the City of Allen. (4) Improvements in the Reinvestment Zone will enhance significantly the value of all taxable real property in the Reinvestment Zone. SECTION 2. The City hereby creates a Reinvestment Zone over the area described by the description in Exhibit "A" attached hereto and depicted in a drawing attached hereto as Exhibit "B," and such Reinvestment Zone shall hereafter be identified as the Industrial Reinvestment Zone, No. 11, City of Allen, Texas (the "Zone"). SECTION 1 Operation of the Zone shall commence on May 15,1997, for a period of ten (10) years. SECTION 4: A written agreement(s), as provided in the Act, with the owners of the property located within the Reinvestment Zone is hereby authorized for a period up to ten (10) years, and the written agreement shall provide an exemption from taxation of the increased value in the real and personal ' property in an amount of up to four hundred percent (400%) of the increased value over ten (10) years. SECTION 5: 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 or invalid. DULY PASSED AND APPROVED BY THE CITY COUNULOF TBE CPIY OF ALLEN, TEXAS, ON THE 15th DAY OF May .1997. APPROVED: Steph' enF1'erred, MAYO APPROVED AS TO FORM: ATTEST: Ordinance No. 1498-5-97 Page 2 Exhibit A I, City of Allen Reinvestment Zone # I l The general description of the Reinvestment Zone is as follows: A 4.000 ACRE PARCEL OF LAND IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, BEING OUT OF LOT 1R OF THE REPLAT OF LOT 1R, BLOCK 3 OF MILLENNIUM BUSINESS PARK, AS RECORDED IN CABINET J, PAGE 231 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS (PRCCT), AN ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE POINT BEGINNING is a half inch rod set, being the southeast comer of said Lot 1 R, also being in the west line of the 100 foot Right of way for the Southern Pacific Railroad, being the northeast comer of Lot 2R, Block 3 of said Millennium Business Park; THENCE North 68 degrees, 4 minutes, 9 seconds West, with the line common to Lots 1 R and 2R, a distance of 252.73 feet to a half inch iron rod set for a point of intersection; THENCE North 86 degrees, 20 minutes, 16 seconds West, continue with said common line a distance of 81.71 feet to a half inch iron rod set for a point of intersection; THENCE North 79 degrees, 9 minutes 48 seconds West, continue with said common line a distance of 80.07 ' feet to a half inch iron rod set for a point of intersection; THENCE North 86 degrees, 20 minutes, 16 seconds West, with said common line a distance of 31.77 feet to a half inch iron rod set for a point at the southwest comer of said Lot 1 R, being the Northwest comer of said Lot 2R, and being on the east line of the 85 foot Right of Way for Century Parkway, said point being on a non -tangent curve to the left, having a radius of 1042.5 feet; THENCE with said curve having a central angel of 3 degrees, 41 minutes, 30 seconds, along said Right of Way an arch distance of 67.17 feet, and having a chord which bears North 01 degrees, 34 minutes, 1I seconds East, a distance of 67.16 feet to a half inch iron rod set of tangency; THENCE North 00 degrees, 16 minutes, 36 seconds West, continue with said Right of Way a distance of 216.87 feet to a half inch iron rod set; THENCE North 89 degrees, 09 minutes, 48 seconds East, departing said Right of Way and crossing said Lot IR a distance of 590.40 feet to a half inch iron set on the east line of Lot IR, being on the west line of said Southern Pacific Railroad Right of Way; THENCE South 21 degrees, 55 minutes 51 seconds West, with the line common to Lot IR and said Railroad, a distance of 441.25 feet to the POINT OF BEGINNING and containing 4.000 acres of land. It is the intent to describe a parcel of land containing 4.000 acres off the south end of said Lot 1 R, and having a north line parallel to the most north line of Lot 1 R. AND Ordinance No. 1498-5-97 Page ' A 3.506 ACRE PARCEL OF LAND IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, BEING OUT OF LOT IR OF THE REPLAT OF LOT IR, BLOCK 3 OF MILLENNIUM BUSINESS PARK, AS RECORDED IN CABINET J, PAGE 231 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS (PRCCT), AN ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a half inch rod set, also being the southeast comer of said Lot 1R, also being in the west line of the 100 foot Right of Way for the Southern Pacific Railroad, also being the northeast comer of Lot 2R, Block 3 of said Millennium Business Park; THENCE North 21 degrees, 55 minutes, 51 seconds East, continuing with the line common to Lot IR and said Southern Pacific Railroad Right of Way, a distance of 441.25 feet to a half inch iron rod set for the POINT OF BEGINNING; THENCE South 89 degrees, 9 minutes, 48 seconds West, departing said Railroad Right of Way and crossing said Lot 1R a distance of 590.40 feet to a half inch iron set on the east line of the 85 foot Right of Way for Century Parkway; THENCE North 00 degrees, 16 minutes 36 seconds West, with the west line of Lot IR and said east Right of Way line a distance of 239.06 feet to a half inch iron rod set; THENCE North 89 degrees, 9 minutes, 48 seconds East, departing said Right of Way and crossing said Lot lR a distance of 681.70 feet to a half inch iron rod set on the east line of said Lot 1R, being in the west line ' of the Alpha Self Storage addition as recorded in cabinet J, Page 370 (PRCCI); THENCE South 12 degrees, 39 minutes, 41 seconds West, continuing with the line common to Lot 1R and said Alpha Self Storage addition a distance of 38.27 feet to a half inch rod set on the line common to the east line of Lot IR and the west line of the said Southern Pacific Railroad Right of Way; THENCE South 21 degrees, 55 minutes, 51 seconds West, continuing with said line a distance of 218.89 feet to the POINT OF BEGINNING and containing 3.506 acres of land. It is the intent to describe a parcel of land containing 3.506 acres north of and adjacent to a 4.000 acre tract off the south side of Lot IF, and having a north line and south line parallel to the most north line of Lot IR. Ordinance No. 1498-5-97 Page Exhibit B voMcDERM T DR_j U C n z r O � O� Q 3 2 r�