O-1464-10-96ORDINANCE NO. 1464-10-96
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS,
DESIGNATING A CERTAIN AREA AS A INDUSTRIAL REINVESTMENT
ZONE; PROVIDING FOR THE ESTABLISIMEENT OF AGREEMENTS
WITHIN THE ZONE, AND OTTER 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 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,
V4W-REAS, a hearing before the City Council was held at 7:30 p.m. on the 17th day of October, 1996,
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; 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, including the amendments adopted in
Ordinance No. 1445-8-96;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
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
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
14 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 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. 8, City of
Allen, Texas (the "Zone").
SECTION 3: Operation of the Zone shall commence on October 17, 1996, 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 eighty percent (480%) of the increased value over six (6)
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 COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 17H DAY OF OCTOBER, 1996.
APPROVED:
Kevin L. Lilly, MAYOR
APPROVED AS TO FORM: ATTEST:
(Za�;
A. Don Crowder, C RNEYI M ortgon, CMC, CITY SECRETARY
Ordinance No. 1464-10-96 page 2
ORDINANCE NO. 1464-10-96
Exhibit A
City of Allen
Reinvestment Zone #8
The general description of the Reinvestment Zone is as follows:
BEING a tract of land situated in the William Perrin Survey, Abstract No. 708 and the Rufus
Sewell Survey, Abstract No. 875 in Collin County, Texas and also being Lot IA, Block "A" of
the Revised Plat of Allen Business Park, an addition to the City of Allen as recorded in Plat
Cabinet "F", Page 320 of the Map Records of Collin County, Texas and being more particularly
described as follows:
BENINNING at an iron pin for corner at the intersection of the southeasterly line of the
Southern Pacific Railroad Right-of-way (a 100 foot right-of-way) with the southerly line of
Bethany Road (a 120 foot right-of-way);
THENCE along the said southerly line of Bethany Road the following courses and distances: S.
68018'00" E., 465.00 feet to an iron pin for corner, and to the beginning of a curve to the right
having a central angle of 47°07'00" and a radius of 467.49 feet; Thence along said curve 384.44
feet to the end of said curve, an iron pin for corner; Thence S. 21 01 l'OO" E., 126.04 feet to an
iron pin for corner;
THENCE S. 68049'00" W., 30.59 feet leaving the said southerly line of Bethany Road to an iron
pin for corner, and to the beginning of a curve to the left having a central angle of 77°41'00" and
a radius of 18.00 feet;
THENCE along said curve 24.40 feet to the end of said curve, an iron pin for corner, and to the
beginning of another curve to the right having a central angle of 30°34'00" and a radius of
132.00 feet;
THENCE along said curve 70.42 feet to the end of said curve, an iron pin for corner;
THENCE S. 21042'00" W., 661.34 feet to an iron pin for corner, and to the beginning of a curve
to the right having a central angle of 10°51'00" and a radius of 126.00 feet;
THENCE along said curve 23.86 feet to the end of said curve, an iron pin for corner;
THENCE S. 32033'00" W., 429.74 feet to an iron pin for corner;
THENCE N. 58020'58" W., 815.12 feet to an iron pin for corner on the said southeasterly line
of the Southern Pacific Railroad;
THENCE N. 21042'00" E., 1318.26 feet along the said southeasterly line of the Southern Pacific
Railroad to the Point of Beginning and containing 27.238 acres (1,186,485 square feet) of land.
ORDINANCE NO. 1464-10-96
EXHIBIT B
I
CITY OF ALLEN
AFFIDAVIT AND PROOF OF PUBLICATION PUBLIC NOTICE
THE STATE OF TEXAS
COUNTY OF COLON
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 41464-10-96
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
October 23 & October 26, 1996
and which was Issued on
October -23. 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said public 'on is attached hereto.
i
SUBSCRIBED 0 to before me this
1� day—i
`A.D. 19 96
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publishers fee $ 3 4 . 13
V. A. TODD
_•: MY COMMISSION EXPIRES
='+ 4 December 5, 2000
Notice is hereby given that the Allen
City Council adopted the following
ordinance at their regular meeting held on
Thursday, October 17, 1996 (Title only):
Ordinance No. 1464-10-96: A
Or mance o th—eTCi y o en, ollin
County, Texas, Designating a Certain
Area as an Industrial Reinvestment Zon6;
Providing for the Establishment of Agree-
ments Within the Zone, and Other Matters
Relating Thereto; Providing Findings of
Fact; Providing a Severability Clause; anis
Providing an Effective Date for the
Commencement of the Reinvestment
Zone and this Ordinance.
A copy of this ordinance may be rea(i
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison v i)
City Secretary i
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen 4
City Council adopted the following
ordinance at their regular meeting held on
_Thursday, October 17, 1996 (Title only): I
M 1
I Ordinance No. 1464-10-96: An
IOr finance o the pity o en, -Collin
County, Texas, Designating a Certain
Area as an Industrial Reinvestment Zone;
Providing for the Establishment of Agree-
ments Within the Zone, and Other Matters
Relating I hereto; Providing Findings of
Fact; Providing a Severability Clause, and
Providing an Effective 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
I Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013
/s/Judy Morrison
City Secretary