HomeMy WebLinkAboutO-1418-4-96ORDINANCE NO. 1418-4-96
AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS,
DESIGNATING A CERTAINAREA AS A INDUSTRIAL ZONE;
PROVIDING FOR THE ESTABLISBI ENT OF AG WITBUN THE
ZONE, AND OTHER MATTERS REIATINGTH RETO; PROVIDINGFINDINGS
OF FACT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECI DATE FOR THE COIVIIVI[ENCE MAT OF THE REINVESIMDU
FIN 1 • R 0 �� UIT, .
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 4th day of April, 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. 829-11-87, and its amendments;
NOW, I UEFORE, 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
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. S, City of
Allen, Texas (the "Zone").
SECTION 3: Operation of the Zone shall commence on April 4,1996, 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 sixty percent (460%) 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 4TH DAY OF APRIL, 1996.
APPROVED:
4i;".. Ac*��
Me Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
Ordinance No. 1418-4-96 Page 2
ORDINANCE NO. 1418-4-96
Exhibit A
City of Allen
Reinvestment Zone #5
The general description of the Reinvestment Zone is as follows:
BEING a 5.409 acre tract of land situated in the WILLIAM PERRIN SURVEY, Abstract Number 708
in the City of Allen, Collin County, Texas and being a portion of LOT 1, BLOCK 3 of MILLENNIUM
BUSINESS PARK an addition to the City of Allen according to the plat recorded in Cabinet 1, Page
474 of the Plat Records of Collin County Texas (PRCCT) and being more particularly described as
follows:
COMMENCING at the northwest corner of said Lot 1, Block 3 and being located in the east right-of-
way line of Century Parkway (an 85' wide right-of-way);
THENCE along the east right-of-way line of said Century Parkway as follows:
SOUTH 00016' 35" EAST a distance of 798.04 feet to the beginning of a curve to the
right having a radius of 1,042.50 feet, a chord bearing of South 01'34'09" West and a
chord length of 67.14 feet;
Continuing along said curve to the right through a central angle of 03 °41'27" for an arc
length of 67.16 feet to a 5/8 inch iron rod set for the POINT OF BEGINNING of the herein
described tract of land;
THENCE departing the east right-of-way line of said Century Parkway, SOUTH 86°20'16" EAST a
distance of 31.77 feet to a 5/8 inch iron rod set for corner;
THENCE SOUTH 79009'48" EAST a distance of 80.07 feet to a 5/8 inch iron rod set for corner;
THENCE SOUTH 86020'16" EAST a distance of 81.71 feet to a 5/8 inch iron rod set for corner;
THENCE SOUTH 68004'09" EAST a distance of 252.73 feet to a 5/8 inch iron rod set for the northeast
corner of the herein described tract of land and being located in the east line of said Lot 1, Block 3 and
being the west right-of-way line of the Southern Pacific Railroad (a 100' wide right-of-way);
THENCE along the east right-of-way line of said Lot 1, Block 3 and the west right-of-way line of said
Southern Pacific Railroad, SOUTH 21 °55'51" WEST a distance of 605.50 feet to a 5/8 inch iron rod set
for the southeast corner of the herein described tract of land;
THENCE departing the east line of said Lot 1, Block 3 and the west right-of-way line of said Southern
Pacific Railroad, NORTH 68°04'09" WEST a distance of 373.86 feet to a 5/8 inch iron rod set for the
southwest corner of the herein described tract of land the being located in the east right-of-way line of
said Century Parkway and being in a curve to the right having a radius of 5,657.50 feet, a chord bearing
of North 19°00'07" East and a chord length of 159.57 feet;
OF.DIIVANCE NO. 1418-4-96
THENCE along the east right-of-way line of said Century Parkway as follows:
Continuing along said curve to the right through a central angle of 01'36'58" for an arc
length of 159.58 feet to a 5/8 inch iron rod set for the point of tangency;
NORTH 19048'36" EAST a distance of 102.74 feet to a 5/8 inch iron rod set for the beginning
of a curve to the left having a radius of 1,042.50 feet, a chord bearing of North 11 036'45"
East and a chord length of 297.30 feet;
Continuing along said curve to the left through a central angle of 16°23'43" for an arc
length of 298.31 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 5.409 acres or 235,608 square feet of land more or less
all according to that survey prepared by Kurtz -Bedford Associates, Inc. dated March, 1996 and signed
by Austin J. Bedford, Registered Professional Land Surveyor No. 4132; to which reference for all
purposes is hereby made.
EX1HdBIT B
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 1418-4-96
of which the attached is a true and written copy, and which was published
In THE ALLEN AMERICAN on
April 10 & April 13, 1996
and which was Issued on
April 10, 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
0A,L,T_��
SUBS IBED ANDil/�`O`�R'`Nto
before me this/�
___ �'!
day_A-4-61-- A.D. 19, 7 6
�Q.
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $_3 0. 2 6
V. A. TODD
_t *= MY COMMISSIQid EXPIRES
„E December 5,1996
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, April 4, 1996 (Title only):
Ordinance No. 1418-4-96: An
Or mance o e--7ity—o Alren,—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 Thereto; 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
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/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, April 4, 1996 (Title only):
Ordinance No. 1418-4-96: An
Or mance o amity o en, oIIin
lCounty, Texas, Designating a Certain
'Area as an Industrial Reinvestment Zone;
Providing for the Establishment of Agree-
ments 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.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary —