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R-2562-9-06RESOLUTION NO. 2562-9-06(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CALLING A PUBLIC HEARING FOR DECEMBER 12, 2006, FOR THE PURPOSE OF CONSIDERATION OF THE CREATION OF THE TAX INCREMENT FINANCING ZONE NO. 2 (THE CENTRAL BUSINESS DISTRICT); AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY ACTIONS PURSUANT TO TEXAS TAX CODE, CHAPTER 311 FOR THE CREATION OF SUCH ZONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has determined that it is in the best interest of the community to consider the creation of a tax increment financing reinvestment zone for certain described property which includes the Central Business District area of the City; and, WHEREAS, the City Council desires to promote the development or redevelopment of a certain contiguous geographical area within its jurisdiction by the creation of a tax increment financing reinvestment zone as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code; and, WHEREAS, in compliance with the Act, the City Council desires to call a public hearing to receive public comments on the creation of the proposed reinvestment zone and its benefits to the City and the property in the proposed reinvestment zone; and, WHEREAS, at the public hearing to be held on December 12, 2006, any interested person or the person's ' representative may appear and speak for or against the creation ofthe proposed reinvestment zone, the boundaries of the proposed reinvestment zone and whether all or part of the territory within the proposed zone should be included in the proposed reinvestment zone; and, WHEREAS, all owners of real property located within the proposed reinvestment zone and all other taxing units and all other interested persons will be given an opportunity at such public hearing to protest the creation of the proposed reinvestment zone; and, WHEREAS, the City Manager is authorized to notify the governing body of each taxing unit that levies real properly taxes within the proposed reinvestment zone of the City's intent to establish the proposed tax increment reinvestment zone; and, WHEREAS, the City Manager is authorized to cause notice of the public hearing to be published in the Allen American, or a paper in general circulation in the City not later than seven (7) days prior to the date of the public hearing to be held on December 12, 2006; and, WHEREAS, the City Manager is directed to cause a preliminary project and reinvestment zone financing plan to be prepared in connection with the proposed reinvestment zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The facts and recitations in the preamble of this Resolution are hereby found and determined to be ' tine and correct. SECTION 2. The City Council of the City of Allen, Texas, hereby calls a public hearing to be held on December 12, 2006, at 7:00 p.m. on the creation of the City of Allen Tax Increment Financing Zone No. 2. SECTION 3. The City Manager is hereby authorized to: (i) give notice of the creation of the proposed tax increment reinvestment zone to the governing body of each taxing unit that levies real property taxes within the ' proposed reinvestment zone of the City's intent to establish a reinvestment zone; (ii) cause notice of the aforesaid public hearing to be published in a newspaper of general circulation; (iii) cause a preliminary project and financing plan to be prepared and provided to the taxing units that tax real property within the proposed tax increment financing reinvestment zone; (iv) and to take all other necessary actions in connection with the City Council's consideration of the establishment of the proposed tax increment financing reinvestment zone on December 12, 2006. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this resolution, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said resolution, which shall remain in full force and effect. SECTION 5. All resolutions of the City of Allen, Collin County, Texas, in conflict with the provisions of this resolution be, and the same are hereby, repealed; provided, however that all other provisions ofsaid resolutions not in conflict with the provisions of this resolution shall remain in full force and effect. SECTION 6. This resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26TH DAY OF SEPTEMBER, 2006. APPROVED: ,i4L rl� StephA Terrefl, MAYOR APPROVED AS TO FORM: ATTEST: �Jf� Peter G. Smith, CIT ATTORNEY Shelley B. George, CITY SECRET Y Resolution No. 2562-9-06(R), Page 2