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HomeMy WebLinkAboutO-1159-2-93ORDINANCE NO. 1159-2-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS CIVIL STATUTES, ARTICLE 5190.7); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 3121,; AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE. WHEREAS, the City Council of the City of Allen, Texas desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in distressed areas of the city and to provide employment to residents of such area; WHEREAS, certain conditions exist in such area which represent a threat to the welfare of the community; and WHEREAS, it is necessary and in the best interest of the City to nominate such area as an enterprise zone pursuant to the Texas Enterprise Zone Act (Texas Civil Statutes, Article 5190.7, the "Act"); NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Section 1. That the City hereby nominates the area described below and pictured in Exhibit "A" as an enterprise zone in accordance with the Act; Beginning at the northwest point of the 46.828 acre tract of land in the William Perrin Survey, Abstract No. 708, Collin County, Texas and being partof tracts I and II in deed to John Deere Company recorded in Volume 1058 Pg. 833, Deed Records of Collin County Texas; Thence extending easterly with the north boundary of said 46.828 acre tract from said point a distance of 2,017 feet (more or less) to the eastern boundary of the Southern Pacific Railroad right- of-way; Thence northerly along said right-of-way line to the intersection of the east right-of-way line of Southern Pacific Railroad and the south right-of-way line of Stacy Road; Thence extending easterly to the intersection of the south; right-of-way line of Stacy Road and the west right-of-way line of State Highway 5 (Greenville Avenue); Thence south along the west right-of-way line of State Highway 5 to a point just west of Exchange Boulevard extended; Thence west from said point to a point in the east right-of-way line of Southern Pacific Railroad just east of Exchange Parkway extended; Thence south along said east right-of-way line to a point in the centerline of Stream 2G3 as referenced in the Flood Insurance Rate Map (Map Number 48085C0385 E) located just north of Ash Street; Thence extending easterly to the north right-of-way line of Cedar Drive and the north right-of-way line of St. Mary Drive; Thence east along the north right-of-way line of St. Mary Drive to the centerline of Cottonwood Creek; Thence southerly along said centerline to the intersection of Cottonwood Creek and the north right- of-way line of Main Street; a Thence east along said right-of-way to the intersection of the north right-of-way line of Main Street and the west right-of-way line of State Highway 5; Thence south along the westerly right-of-way line of State Highway 5 to the intersection of said right-of-way line and the north right-of-way line of Texet Drive; Thence west along the north right-of-way line of Texet Drive to the intersection of said right-of-way line and the westerly right-of-way line of Southern Pacific Railroad; Thence southerly along the west right-of-way line of Southern Pacific Railroad to the centerline of Rowlett Creek; Thence continuing in a northwesterly direction along said centerline to the intersection of the centerline of Rowlett Creek and the easterly right-of-way line of U.S. Highway 75; Thence north along the easterly right-of-way U.S. Highway 75 to a point just west of the beginning point extended; Thence west across U.S. Highway 75 to the west right-of-way of U.S. Highway 75; i Thence north along the westerly right-of-way line of U.S. Highway 75 a distance of 20,472 feet (more or less) to the southeast corner of the Allen Retail Center as platted in the Jonathan Phillips Survey, Abstract No. 719, also being the south right-of-way line of Shelby Drive and the westerly right-of-way line of U.S. Highway 75; Thence continuing in a northeasterly direction along the south right-of-way of Shelby Drive to the intersection of Shelby Drive and State Highway 121; Ordinance No. 1159-2-93 Page 2 Thence continuing east along the south right-of-way of State Highway 121 to the westerly right-of- way line of U.S. Highway 75; Thence continuing south along said west right-of-way of U.S. Highway 75 to a point west of the beginning point extended on the west side of U.S. Highway 75; Thence continuing east across U.S. Highway 75 to the point of beginning in the east right-of-way line of U.S. Highway 75, containing 2.0 square miles) more or less. Section 2. That the City Council finds the zone area meets the qualifications of the Act. Section 3. That the City Council may provide cel n tax incentives applicable to business enterprises in the zone which are not applicable throughout the City as follows: The City may refund to any qualified business locat I in such enterprise zone one half percent (0.05 %) of the taxable amount paid under the Municipal Sales and Use Tax, TEX. TAX CODE Ch. 321, by the business and remitted to the Comptroller of Public Accounts to the extent authorized by Section 12, Subsections (a), (c), (d) and (e) of the Texas Enterprise Zone Act, Article 5190.7, for a period of five years from the date the Texas Department of Commerce certifies the entity as a qualified business under the Act. 1 Other incentives that may be negotiated with appropriate City officials and staff in the proposed enterprise zone are as follows: j Waiver of development fees. Simplified, accelerated, or other special permit procedures. Transfer of City owned surplus land at below m market prices or on a gratis basis for the public purpose of economic development. CaCapital improvements in water and sewer facilities '� p p and road repair. Loan guarantees for improvements to real property. Application for training grants for new permanent jobs as available and appropriate to the industry. I Nothing herein shall imply or suggest that the City of Allen is under any obligation to provide tax or any other economic incentives to qualified businesses requesting the same. All requests shall be considered on a case-by-case basis and conform to the economic objectives of the City as set forth in this document and the City of Allen Tax Abatement Policy as approved by the Allen City Council in Resolution No. 1139-10-92(R). SECTION 4. That the area described in this ordinance is designated as an enterprise zone and a reinvestment zone, subject to the approval of the Texas Department of Commerce. Ordinance No. 1159-2-93, Page 3 1 SECTION 5. That the City Council directs and designates the Mayor of the City of Allen as the City's authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as an enterprise zone and I reinvestment zone. SECTION 6. That the City Council further directs and designates the Director of Economic Development as liaison for communications with the Texas Department of Commerce to oversee zone activities and communications with qualified businesses. SECTION 7. That a public hearing to consider this of dinance was held by the City Council on February 18, 1993. SECTION 8. That this ordinance shall take effect from and after its passage as the law and charter in such case provides. I DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 18th DAY OF FEBRUARY, 1993. APPROVED: 1 ' e Farmer, MAYOR 1 APPROVED AS TO FORM: ATTEST: A.n C der, CrrY.,ATTORNEY dy M icon, CITY SECRETARY Ordinance No. 1159-2-93 page 4 � � 1 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: I ous boundary within the City of Allen, Collin I er of THE ALLEN AMERICAN a newspaper ubli County, Texas, is particularly described as That she is the General Manager ,P follows: COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general cirCL Beginning with the 97 acre (more or less) said county, and having been published regularly and continousl for more than twely tract of land surrounding the Betz Mall with Y 9 P 9 Y Y the northern boundary being State High - months prior to publishing way 121, the eastern boundary being U.S. Highway 75, and the southern and western boundaries being Shelby Drive; Enterprise Zone Thence south along the west right-of-way of U.S. Highway 75 a distance of 20,472 feet (more or less), approximately 1/4 mile past McDermott Drive; Thence'east, across U.S. Highway 75, to of which the attached is a true and written copy, and which was published in THE ALL the eastern boundary of the right-of-way ofSouthern Pacific Railroad; AMERICAN on Thence north along the east right-of-way of Southern Pacific Railroad to the intersec- tion of the Southern Pacific Railroad and Wednesday, February 10, 1993 Stacy Road; Thence east along the south right-of-way of Stacy Road to the intersection of Stacy and which was issued on F E b r u a r y 10, 1993 and State Highway 5 (Greenville Avenue); y Thence south along the west right-of-way I of State Highway 5 to the intersection.of by City of Allen of COLLIN COUNTY, TEXE State Highway 5 and a point just west of Exchange Blvd. extended; 4 �..... � Thence west from Exchange Blvd. ex - A printed copy of said publication is attached hereto. tended to the intersection of Southern Pa- cific Railroad and a point lust east of Ex- change Pkwy. extended; t Thence south along the east right-of-way S Q'of Southern Pacific Railroad to a point fust I north of Ash Street extended; Thence east along the northern right -of - SUBSCRIBED AND SWORN to before me this �a day of '�% ,A.D. 19 93 way of St. Mary's Drive to the centerline of Cottonwood Creek; Thence continuing in a southerly direction 4�=_ V. A. TODD along the centerline of Cottonwood Creek MY COMMISSION EXPIRES �, ��/� I` �`' to the intersection of said centerline and December 5, 1996 --Main Street; j P, Thence east along the north right-of-way of Main Street to the intersection of Main NU I Y PUBLIC in and for COLLIN COUNTY, TEXAS Street and Greenville Avenue; 'Then6Ve buth along the west right-of-way •-- CITY OF ALLEN of Greenville Avenue to the intersection of NOTICE OF -PUBLIC HEARING Greenville Avenue and Texet Dnve; Publisher's fee $ 54.00 Public notice is hereb even that the Cit Thence west along the north right-of-way Council of the City of n, Texas will hold Alled of Texet Drive to the northwest intersection a public hearing to allow interested per- of Texet Drive and the Southern Pacific sons to speak and present evidence for or Railioad; Thence south along the west right-of-way against the establishment of an Enterprise Zone within the Allen community. of Southern Pacific Roadroad to the cen- The purpose of this zone is to contribute to terline of Rowlett Creek; Thence continuing m a northwesterly di - the economic well being of residents and businesses located within the boundary of rection along the centerline of Rowlett the zone as well as to attract major invest- Creek to U S Highway 75; Thence north along the east right-of-way of ment and industry to the City of Allen forthe purpose of creating lobs and expanding S. Highway 75 to the previously stated the local tax base To encourage this activ- point being r mile (more or less) south of p McDermott ve; Drive; ity, the City of Allen will create a policy in Thence west across U S. Highway 75 and which economic incentives may be made available to businesses within the zone. north along the west right-of-way of U.S. All interested parties including residents Highway 75 to the above referenced tract of land surrounding the Belz Mall. and/or property owners within the prop- osed zone are encouraged to present their A map depicting this tract of land is avail- I views at the hearing able at the Office of Economic Develop- � The'general descnpticn-of'the-area of the meet, City of Allen at One Butler Circle, Allen, Texas 75002. Enterprise Zone, being a 2 square mile (more or less) tract of land with a continu- The public hearing will be held on February 18, 1993 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 Office of Economic Development,.City of Allen, . One Butler Circle, Allen, Texas or by tele- phoning 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 X61159-2-93 _ of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesdav February 24, 1993 & Sunday February 28, 1993 and which was issued on February 24, 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 /6 day of m-AA-,A.D. 19 9 I V. A. TODD •: �" MY COMMISSION EXPIRES '="X;F", December 5, 1996 Publisher's fee $ 29.26 PUBLIC in and for COLLIN COUNTY, TEXAS 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, February 18, 1993 (Title only): Ordinance No. 1159-2-93: An Ordinance of the City of Allen, Collin County, Texas, Nominating an Area as an Enterprise Zone Pursuant to the Texas Enterprise Zone Act (Texas Civil Statutes, Article 5190.7); Pro- viding Tax Incentives; Designating an Au- thorized Representative to Act in all Mat- ters Pertaining to the Nomination and De- signation of the Area Described Herein as an Enterprise Zone and Reinvestment Zone (Texas Tax Code, Chapter 312); and further Designating a Liaison to act on all Matters Pertaining to the Enterprise Zone Act once Designated by the Texas Depart- ment of Commerce. A copy of. this ordinance rr)ay be read or purchased in the office of the City�Secret- -ary, City of Allen, One Butld 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 their regular meeting held on Thursday, February 18, 1993 (Title only): Ordinance No. 1159-2-93: An Ordinance of the City of Allen, Collin County, Texas, Nominating an Area as an Enterprise Zone (Pursuant to the Texas Enterprise Zone Act (Texas Civil Statutes, Article 5190.7); Pro- viding Tax Incentives; Designating an Au- thorized Representative to Act in all Mat- ters Pertaining to the Nomination and De- signation of the Area Described Herein as an Enterprise Zone and Reinvestment Zone (Texas Tax Code, Chapter 312); and further Designating a Liaison to act on all Matters Pertaining to the Enterprise Zone Act once Designated by the Texas Depart- ment of Commerce. 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. Judy Morrison Ci 1 City Secretary _ _f1