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Home My WebLink AboutO-1143-11-92ORDINANCE NO . 1143-11-92 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 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 of the City Council was held at 7:30 p.m. on the 5th day of November, 1992, such date being at least seven (7) days after the date of publication on 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 Reinvestment Zone No. Two, 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 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 Reinvestment Zone No. Two 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 attraction of major investment in the Zone, increased employment in the Zone, and expansion of existing facilities 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, by a member of a zoning or planning board or commission of the City of Allen, or a board member of the Allen Economic Development Corporation. (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 2, City of Allen, Texas ( Zone #2) . SECTION 3: The operation of Zone #2 shall commence on November 5, 1992. SECTION 4: That it is hereby declared to be in 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 or 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. Ordinance No. 1143-11-92 page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 5th DAY OF NOVEMBER , 1992. APPROVED AS TO FORM: A..Don row r, CITY ATTORNEY APPROVED: Job Farmer, MAYOR ATTEST: 10 1,4son, CITY SECRETARY Ordinance No. 1143-11-92 Page 3 ORDINANCE NO. 1143-11-92 EXHIBIT A CITY OF ALLEN REINVESTMENT ZONE #2 LEGAL DESCRIPTION Situated in the Michael See Survey, Abstract No. 543, the William Perrin Survey, Abstract No. 704, and in the Rufus Sewell Survey, Abstract No. 875 in the City of Allen, Collin County, Texas, said tract being all of Enterprises Addition No. 1, an addition to the City of Allen according to the plat thereof recorded in Cabinet C, Page 227 of the Map records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the East line of U.S. Highway No. 75 (a variable R . O . W .) , said point being the Northwest corner of said Enterprises Addition No. 1, an iron stake for corner; THENCE S 83 degrees 49154" E, along the North line of said Enterprises Addition No. 1, a distance of 673.49 feet to the Northeast corner of said Addition, an iron stake for corner; THENCE S 11 degrees 30'00" W, along the East line of said Addition, a distance of 1495.03 feet to the beginning of a curve to the right, an iron stake for corner; THENCE Southwesterly, along the Easterly and Southerly boundary of said Addition, and along the curve to the right, said curve having a central angle of 60 degrees 06'02" and a radius of 320.00 feet, for an arc distance of 335.67 feet to the end of said curve, an iron stake for corner; THENCE S 71 degrees 36'02" W. along the Southerly boundary of said Addition, a distance of 702.25 feet to a point in the East line of U.S. Highway No. 75, an iron stake for corner; THENCE N 14 degrees 03'05" E, along the East line of U. S. Highway No. 75, a distance of 191.10 feet to an iron stake for corner; THENCE N 14 degrees 03100" E, along the East line of U.S. Highway No. 75, a distance of 1801.00 feet to an iron stake for corner; THENCE N 19 degrees 41'40" E, along the East line of U.S. Highway No. 75, a distance of 70.51 feet to the POINT OF BEGINNING and containing 30.652 acres of land, more or less. EXHIBIT B 5 11�,Jj. .... .......... �- W F, $ EN 7�RP 493.03- n - eoroe'021RISE R - 320.00' y+ T ta5.13' o W gyp• all L 333.66' b = REINVESTMENT y ZONE 2 " as1• f 26.52 ACRES N o G o 4- 44 - IV N O f V•S. HI�HWA fao1.00. � Y No. 75 N 14-0j,03. f 191.10• CITY OF ALLEN AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this da personally appeared DEBBIE CITY OF ALLEN 9 tY� Y P Y PP ` NOTICE OF PUBLIC HEARING TACKETT, who having been by me duly sworn, on oath deposes and says: Public notice is hereby given that the City Council of the City of Allen, Texas will hold That she is the General Manager of THE ALLEN AMERICAN, a newspaper published a public hearing to allow interested per-' COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation sons to speak and present evidence for or against the establishment of a Reinvest= said county, and having been published regularly and continously for more than twelve (12 ment Zone. months prior to publishing The purpose of the zone is to contribute to the retention or expansion of primary em-' ployment or to attract major investment Reinvestment zone 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 of which the attached is a true and written copy, and which was published in THE ALLEN views at the hearing. AMERICAN on The general description of the area of the Reinvestment Zone is as follows: Situated in the Michael See Survey, Ab- Wednesday, b- Wednesday, Oct. 28, 1992 stract No. 543, the William Perrin Survey; Abstract No. 704, and in the Rufus Sewell Survey, Abstract No. 875 in the City of and which was issued on October 28, 1992 Allen, Collin County, Texas, said tract be-' ing all of Enterprises 'Addition No. 1, an addition to the City of Allen according to the by City of Allen of COLLIN COUNTY, TEXAS. plat thereof recorded in Cabinet C, Page 227 of the Map records of Collin County; Texas, and being more particularly de-. A printed copy of said publication is attached hereto. scribed as follows: BEGINNING at a point in the East line of U.S. Highway No. 75 (a variable R.O.W.); said point being the Northwest corner of C said Enterprises Addition No. 1, an iron stake for corner; THENCE S 83 degrees 49'54", along the North line of said Enterprises AditionNo. 1; EJULU AND WORN to before me this 7 day of /� A.D. 19_!� a distance of 673.49 feet to the Northeast :y. f. V.A. TODD MyCOMMISMONEXPIRE8 // corner of said Addition, an iron stake for corner; °' DowmbEr 6, 1802 THENCE S 11 degrees 30'00" W, along .... the East line of said Addition, a distance of 1495.03 feet to the beginning of a curve to NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS the right, an iron stake for corner; THENCE Southwesterly, along the Eas< terly and Southerly boundary of said Addi- tion, and along the curve to the right, said Publisher's fee $ 4 2 . 7 5 curve having a central angle of 60 degrees 06'02" and a radius of 320.00 feet, for an arc distance of 335.67 feet to the end of said curve, an iron stake for corner; THENCE S 71 degrees 36'02" W. along the Southerly boundary of said Addition, a distance of 702.25 feet to a point in the East, line of -U.S. Highway No. 75, an iron stake for corner; THENCE N 14 degrees 03'05"E, along the East line of U.S. Highway No. 75, a dis- tance of 191.10 feet to an iron stake for corner; THENCE N 14 degrees 03'00" E, along the East line of U.S. Highway No. 75. a dis- tance of 1801.00 feet to an iron stake for corner; THENCE N 19 degrees 41'40" E. along the East line of U. S. Highway No. 75, a dis- tance of 70.51 feet to the Point of BEGIN- NING and containing 30.652 acres of land, more or less. A map depicting this tract is available at the City Planning Department, City of Allen at one Butler Circle, Allen, Texas 75002 The public hearing will be held on Novem ber 5, 1992 at 7:30 p.m. in the City Council chambers in the City Hall at One Butler Circle, Allen, Texas 75002. For further information, contact the Depart-, ment of Economic Development, City of Allen, One Butler Circle, Allen, Texas• or by telephoning 727-0212. 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 #1143-11-92 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday November 11,_1992 & Sunday November 15, 1992 _ and which was issued on November 11 , 1992 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. AND SWORN to before me this day of A. D. 19 g V. A. TODD MY COMMISSION EXPIRES 1996 December 5. 1996 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, November 5. 1992 (1 itle only) Ordinance No 1143-11-92 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; Tpxas 75002. is7 Judy Morrison City 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, November 5, 1992 (Title only). Ordinance No. 1143-11-92 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. '/si Judy Morrison City Secretary .... .� ". a _ .. .� . .d ...moo, .. 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