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HomeMy WebLinkAboutO-1090-3-92ORDINANCE NO. 1090-3-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING A CERTAIN AREA AS A 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 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 19th day of March, 1992, 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 or by a member of a zoning or planning board orcommission 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, Number 1, Bethany Central Limited Liability Partnership, City of Allen, Texas (the "Zone"). SECTION 3: That operation of the Zone shall commence on January 1, 1993, for a period of five (5) 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 five (5) years, and the written agreement shall provide an exemption from taxation of the increased value in the real property in an amount of up to fifty-seven and six -tenths percent (57.6%) of the increased value. 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 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 3 0 th DAY OF MARCH , 1992. PROVF,D AS TO FORM: A. DwUrWdet, CITY ATTORNEY APPROVED: d< -P - p7ev_�� Farmer, MAYOR ATTEST: Juff MorrWon, CITY SECRETARY Ordinance No. 1090-3-92 Page 2 EXHIBIT A Ordinance NO. 1090-3-92 CITY OF ALLEN REINVESTMENT ZONE # 1 LEGAL DESCRIPTION Situated in Collin County, Texas, part of the William Perrin Survey, Abstract No. 708 and being in the Michael See Survey, Abstract No. 543, and being part of a 8.822 acre tract as described in a deed from Gary Sibley, Trustee, to W.W. Fisher, Jr., Trustee, being recorded in Volume 1686, Page 709, of the Collin County Deed Records and being more fully described as follows: COMMENCING at an iron stake in the Northwest corner of the said tract at the intersection of the East line of U.S. Highway 75, (variable width right-of-way) with the South line of Bethany Drive (a 110 foot wide right-of-way). THENCE South 14 degrees 01 minute 57 seconds West, with the West line of the said tract and the East right-of-way line of U.S. Highway 75 a distance of 206.62 feet to a wooden right-of-way marker. THENCE South 19 degrees 41 minutes 25 seconds West continuing along said West line of the said tract and said East right-of-way line of U.S. Highway 75 a distance of 29.24 feet to the point of beginning. THENCE South 69 degrees 47 minutes 44 seconds East, a distance of 316.80 feet to the beginning of a curve to the left having a central angle of 14 degrees 02 minutes 10 seconds and a radius of 500.00 feet. THENCE in an Easterly direction with said curve, an arc distance of 122.49 feet. THENCE South 83 degrees 49 minutes 54 seconds East to a point in the West right-of-way line of Enterprise Boulevard a distance of 132.85 feet. THENCE South 14 degrees 03 minutes 00 seconds West, with the East line of the said tract and the West line of Enterprise Boulevard a distance of 302.86 feet to an iron pin in the North line of Intecom Drive (a 50 foot right-of-way). THENCE North 83 degrees 49 minutes 54 seconds West, with the South line of the said tract and North line of Intecom Drive 614.14 feet to an iron stake in the Southwest corner of the said tract. Said corner also being in the intersection of the East right-of-way line of U.S. Highway 75 and the North line of Intecom Drive. THENCE North 19 degrees 41 minutes 25 seconds East, following the West line of the said tract and the East right-of-way line of U.S. Highway 75 (a variable width right-of-way) a distance of 402.93 feet to the point of beginning, and containing 197,657 square feet (4.53 acres) of land more or less. S 69 0 316�80 D = 14°2'10" R = 500.00' T = 61.55' L = 122.49 i4- im'k CJ I :AAl I j 311 y "I "Vi I AJJ �-MA ill I ENTERPRIZE NDRIVEw 614.14 Ordinance No. 1090-3-92 EXHIBIT "A" S 830 49'54" E 132.85 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OFCOLLIN 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 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on WEdnesday, March 11, 1992 and which was issued on March 1 1, 1992 , by City o f Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. tUN SWORN to before me this —L day of A.D. 19_ V.A. TODD MY COMMISSION EXPIRES IN' •'�'' p! Dgwmber 5.1i 92 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 9 . 5 0 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 expand the local tax base. All interested parties including residents and/or property owners within the prop- osed zone are encouraged to present their views at the hearing. The general description of the area of the Reinvestment Zone is as follows: Situated in Collin County, Texas, part of the William Perrin Survey, ,Abstract No. 708 and being in the Michael See Survey, Abstract No. 543, being part of a 8.822 424 Legal Notices, acre tract as described in a deed from Gary Sibley, Trustee,'to W.W. Fisher, Jr., Trus- tee, being recorded in Volume 1686, Page 709, of the Collin County Deed Records and being more fully described as follows: COMMENCING,'at an iron stake in the Northwest corner of the said tract at the mtersection'of the East line of U. S. High- way 75, (variable width right-of-way) with the South line of Bethany Drive (a 110 foot wide right-of-way). THENCE, South 14 degrees, 01 minute, 57. seconds West, with the West'hne of the y�- said tract and the East right-of-way line of ro U.S. Highway 75 a distance of 206.62 feet to a wooden right-of-way marker. THENCE, South 19 degrees, 41 minutes, C' 25 seconds West continuing along said 2- West line of the said tract and said East right-of-way line of U.S. Highway 75 a dis- tance of 29.24 feet to the point of s beginning. THENCE, South 69 degrees, 47 minutes, 44 seconds East, a distance of 316.80 feet �.. to the beginning of a curve to the left having c a central angle of 14 degrees, 02 minutes, `- 10 seconds and a radius of 500.00 feet. THENCE, in an Easterly direction with said curve, an arc distance of 122.49 feet. THENCE, South 83 degrees, 49 minutes, 54 seconds East to a point in the West right-of-way line Enterprise Boulevard a distance of 132.85 feet. THENCE, South 14 Degree, 03 minutes, 00 seconds West, with the East line of the said tract and the West line of Enterprise t�. Boulevard a distance of 302.86 feet to an iron pin in the North line of Intecom Drive (a �! 50 foot right-of-way). THENCE, North 83 degrees, 49 minutes, 54 seconds West, with the South line of the said tract and North line of Intecom Drive 614.14 feet to an iron stake in the South-- west outhwest corner of the said tract. Said corner also being in the intersection of the East right-of-way line of U.S. Highway 75 and the North line of Intecom Drive. THENCE, North 19 degrees, 41 minutes, 25 seconds East, following the West line'of +. the said tract and the East right-of-way line of U.S: Highway 75 (a variable width right- of-way),a distance of 402.93 feet to the point of beginning, and containing 197,657 square feet (4.53 acres) of land more or a„ less. A map depicting this tract is available at the City Planning Department, City of Allen at r ; One Butler Circle, Allen, Texas 75002. The public hearing will be held on March 19, 1992 at 7:30 p.m. in the City Council chambers in City Hall at One Butler Circle, Allen, Texas 75002. For further information, contact the Depart- ment of Economic Development, City of t,,, Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0212. /s/ David N. Pitstick - Economic Development Coordinator 6 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 #1090-X-92 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday Aoril 8, 1992 & Sunday April 12, 1992 and which was issued on April 8, 1992 by. City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. C SUBSCRIBED AND SWORN to before me this J day of 'A.D. 19 V.A. TODD �.. MY COMMISSION EXPIRES Dwwrnbw It 1092 GG, NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 27.00 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at the Special Called Joint Meeting of the Al- len City Council and the Allen Independent School District Board of Trustees held on Monday, March 30, 1992 (Title only): Ordinance No. 1090-3-92: 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 , CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at the Special Called Joint Meeting of the Al- len City Council and the Allen Independent School District Board of Trustees held on Monday, March 30, 1992 (Title only) - Ordinance No. 1090-3-92: 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