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O-1183-6-93ORDINANCE NO. 1183-6-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING A CERTAIN AREA AS AN INDUSTRIAL REINVESTMENT ZONE; PROVIDING FOR THE ESTABLISHMENT OF AGREEMENTS WITHIN THE ZONE, AND OTHER MATTERS RELATING THERETO; PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; 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 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 17th day of June, 1993, such date being at least 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 properly 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; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: 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 property, 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: (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 part of the property in the Reinvestment Zone is owned or leased by a member of the governing body of the City of Allen. (4) Improvements in the Reinvestment Zone will enhance significantly the value of all taxable real and personal 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, Number 3, City of Allen, Texas (the "Zone"). SECTION 3: That operation of the Zone shall commence on June 17, 1993, for a period not to exceed ten (10) years. SECTION 4: That 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 up to four -hundred eighty percent (480%) of the increased value over six (6) years. 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 judgement 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 COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 17th DAY OF JUNE, 1993. APPROVED: Joe Farmer, MAYOR APPROVED AS TO FORM: ATTEST: L on Cr ORNEY JAi:so2n,�CMC, CITY SECRETARY Ordinance No. 1183-6-93 Page 2 ORDINANCE NO. 1183-6-93 EXHIBIT "A" CITY OF ALLEN REINVESTMENT ZONE #3 The general description of the Premises is as follows. A 14.828 acre tract of land in the town of Allen, Texas out of the Rufus Sewell Survey, Abstract No. 875, Collin County, Texas; said tract being Lot 2 of that same certain tract of land described in deed to Quest Medical, Inc. as recorded in Volume 2275, Page 194 of the Deed Records of Collin County, Texas and being more particularly described as follows: COMMENCING, at a 1/2 -inch iron rod found at the intersection of the West right-of-way line of State Highway No. 5 (a 100 foot wide right-of-way) and the North right-of-way line of Allentown Parkway (a 60 foot wide right-of-way); said point being on a curve to the left whose center bears South 32 degrees, 33 minutes, 00 seconds West, a distance of 330.00 feet from said point; THENCE, In a Westerly direction and along the said North line of Allentown Parkway and said curve to the left, through a central angle of 22 degrees, 31 minutes, 51 seconds, an arc distance of 129.77 feet to a 3/8 -inch iron rod found at the end of said cu rve; THENCE, North 79 degrees, 58 minutes, 51 seconds West, continuing along the said North line of Allentown Parkway, a distance of 225.11 feet to a stake for corner; said stake being the BEGINNING; THENCE, North 79 degrees, 58 minutes, 51 seconds West, continuing along the said North line of Allentown Parkway, a distance of 636.26 feet to a 3/8 inch rod found for corner; said point being on a curve to the left whose center bears South 70 degrees, 01 minutes, 09 seconds West, a distance of 60.00 feet from said point; THENCE, in a Westerly direction and along said curve to the left, through a central angle of 150 degrees, 00 minutes, 00 seconds, on a arc distance of 157.08 feet to a 3/8 -inch iron rod found for corner; THENCE, North 79 degrees, 58 minutes, 51 seconds West, departing the said right-of- way of Allentown Parkway, a distance of 420.00 feet to a 3/8 -inch iron rod found in the east right-of-way line of Southern Pacific Railroad (a 100 foot wide railroad right-of- way); said point being on a curve to the right whose center bears South 47 degrees, 38 minutes, 21 seconds East, a distance of 2,957.10 feet from said point; ORDINANCE NO. 1183-6-93 EXHIBIT "A" - continued THENCE, in a Northerly direction and along said east line of Southern Pacific Railroad and said curve to the right, through a central angle of 03 degrees, 04 minutes, 21 seconds, an arc distance of 158.58 feet to a 3/8 -inch iron rod found at the end of said curve; THENCE, North 45 degrees, 28 minutes, 00 seconds East, continuing along the said East line of Southern Pacific Railroad, a distance of 112.30 feet to a 3/8 -inch iron rod found at the beginning of a curve to the left whose center bears North 44 degrees, 32 minutes, 00 seconds West, a distance of 2,910.34 feet from said point; THENCE, in a Northeasterly direction, continuing along said East line of Southern Pacific Railroad and said curve to the left, through a central angle of 12 degrees, 02 minutes, 58 seconds, an arc distance of 612.02 feet to a 3/8 -inch iron rod found for corner; said point being the Southwest corner of a 27.000 acre tract of land described in deed to the Federal Deposit Insurance Corporation as recorded in Volume 3849, Page 81 of the Deed Records of Collin County, Texas; THENCE, South 68 degrees, 23 minutes, 36 seconds East, along the South line of said 27.000 acre tract, a distance of 864.90 feet to a stake for corner; THENCE, South 23 degrees, 36 minutes, 24 seconds West along the said West line of Lot 1, a 4.334 acre tract of the Quest Medical Inc., a distance of 537.01 feet to the POINT OF BEGINNING; CONTAINING, 645,908 square feet or 14.828 acres of land more or less. A = 03'04'21" R = 2957.10' T = 79.31' L = 158.58' O a 12'02'55" R - 2910.34' T = 307.14' L = 612.01' G� Q Oa O N 79-5,9-51. W 420, pp. 0 = 150'00'00" R = 60.00' T = 223.92' L = 157.08' S 66?336w F REINVESTMENT ZONE 3 N 7g 5851 " W All e nf 636.26' 0 wn Pk wy 89' A = 22'31'51" R = 330.00' T = 65.73' L = 129.77' xxA AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBB 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 publi COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circu said county, and having been published regularly and continously for more than twelve months prior to publishing of which the attached is a true and written copy, and which was published in THE ALL AMERICAN oni �y 71 -- WK and which was issued on by City of Allen of COLLIN COUNTY, TE A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day o�'A.D. 19 9� V. A. TODD MY COMMISSION EXPIRES December 5,1996 Publisher's fee i $63.00 0 BLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING Public notice is hereby given that the City Council of the City of Allen, Texas will hold a public hearing to allow interested per- sons to speak and present evidence for or against the establishment of a Reinvest- ment Zone. The purpose of the Zone is to contribute to the retention or expansion of primary em- ployment or to attract major investment and industry to the City of Allen for the purpose of creating jobs and expanding the local tax base. All interested parties including residents and/or property owners within the prop- ozed Zone are encouraged to present their views at the healing. The general description of the Reinvest- ment Zone is as follows. A 14.828 acre tract of land in the town of Allen, Texas out of the Rufus Sewell Survey, Abstract No. 875, Collin County, Texas; said tract being Lot 2 of that same certain tract of land described in deed to Quest Medical, Inc. as recorded in Volume 2275, Page 194 of the Deed Records of Collin County, Texas and being more parti- cularly described as follows: COMMENCING, at a 1/2 -inch iron rod found at the intersection of the West right- Iof-way line of State Highway No. 5 (a 100 foot wide right-of-way) and the North right- of-way line of Allentown Parkway (a 60 foot wide right-of-way); said point being on a curve to the left whose center bears South 32 degrees, 33 minutes, 00 seconds West, a distance of 330.00 feet from said point; - THENCE, In a Westerly direction and,' along the said North line of Allentown Park way and said curve to the left, through a= central angle of 22 degrees, 31 minutes, 51; seconds, an arc distance of 129.77 feet to' a 3/8 -inch iron rod found at the end of said curve; THENCE, North 79 degrees, 58 minutes, 51 seconds West, continuing along the said North line of Allentown Parkway, a• distance of 225.11 feet to a stake for cor- ner; said stake being the BEGINNING; -- THENCE, North 79 degrees, 58 minutes, 51 seconds West, continuing along the' said North line of Allentown Parkway, a_ distance of 636.26 feet to a 3/8 inch rod found for corner; said point being Wrva-to the left whose center bears South _ 70 degrees, 01 minutes, 09 seconds West; a distance of 60.00 feet from said point; t' THENCE, in a Westerly direction and along said curve to the left, through a cen- tral angle of 150 degrees, 00 minutes, 00 seconds, on a arc distance of 157.08 feet to a 3/8 -inch iron rod found for corner; THENCE, North 79 degrees, 58 minutes, 51 seconds West, departing the said right - of -way ight-_of-way of Allentown Parkway, a distance of 420.00 feet to a 3/8 -inch iron rod found in the east right-of-way line of Southern Pa cific Railroad (a 100 foot wide railroad right-of-way); said point being on a curve to - the right whose center bears South 47 de- grees, 38 minutes, 21 seconds East, a dis- tance of 2,957.10 feet from said point; •? THENCE, in a Northerly direction and: along said east line of Southern Pacific' Railroad and said curve to the right;! through a central angle of 03 degrees, 041 minutes, 21 seconds, an arc distance of 158.58 feet to a 3/8 -inch iron rod found at-, the end, of said curve; THENCE, North 45 degrees, 28'minutes, 00 seconds East, continuing along said I East line of Southern Pacific Railroad, a distance of 112.30 feet to a 3/8 -inch rod' found at the beginning of a curve to the left whose center bears North 44 degrees, 32' minutes, 00 seconds West, a distance of` 2,910.34 feet from said point; THENCE, in a Northeasterly direction, continuing along said East line of Southern Pacifice Railroad and said curve to the left, through a central angle of 12 degrees, 02 minutes, 58 seconds, an arc distance of 612.02 feet to a 3/8 -inch iron rod found for corner; said point being the Southwest cor- ner of a 27.000 acre tract of land described in deed to the Federal Deposit Insurance.; Corporation as recorded in Volume 3849; Page 81 of the Deed Records of Collin County, Texas; THENCE, South 68 degrees, 23 mmutesiJ 36 seconds East, along the South line of,, said 27.000 acre tract, a distance of 864.904 feet to a stake for corner; -1 THENCE, South 23 degrees, 36 minutes, - 24 seconds West along the said West line of Lot 1, a 4.334 acre tract of the Quest:c Medical Inc., a distance of 537.01 feet to,' the POINT OF BEGINNING CONTAINING, 645,908 square feet or,, 14.828 acres of land more or less., A map depicting this tract is available at the Department of Economic Development, ' City of Allen at One Butler Circle, Allen, Texas 75002. The Odblic hearing will be held on June 17, 1993 at 7:30 p.m. in the City Council cham- bers in City Hall on One Butler Circle, ANen, Texas 75002. 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 #1183-6-93 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday June 23, 1993 & Sunday June 27, 1993 and which was issued on June 23, 1993 by City of Allen ' of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this /1 day of :D. 19 93 V. A.TODD 7` ►+'� W COMMISSION EXPIRES December 5, NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 24.76 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 17, 1993 (Title only). t Ordinance No. 1183-6-93. An Ordinance of the City of Allen, Collin County, Texas, Designating a Certain Area as an Industrial Reinvestment Zone; Providing for the Es- tablishment of Agreements within the Zone, and Other Matters Relating Thereto; P.Roviding Findings of Fact; Providing a Severability Clause; and Providing an Ef- fective Date for the Commencement of the Reinvestment Zone and this Ordinance 4 copy of this ordinance may be read or 3urchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Ptlfen, Texas 75002. s Judy Morrison — Dity Secretary 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 17, 1993 (Title only): Ordinance No. 1183-6-93: An Ordinance of the City of Allen, Collin County, Texas, Designating a Certain Area as an Industrial Reinvestment Zone; Providing for the Es- tablishment of Agreements within the Zone, and Other Matters Relating Thereto; Providing Findings of Fact; Providing a Severability Clause; and Providing an Ef- fective Date for the Commencement of the Reinvestment Zone and this Ordinance. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City.of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary i