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Home My WebLink AboutO-1434-6-96ORDINANCE NO. 1434-6-96 AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUN'T'Y, TEXAS, DESIGNATING A CERTAIN AREA ASA ZONE; PROVIDING FOR THE ESTABLISHMENT OF AG WITH3N THE ZONE, AND OTHER MATTERS RELATING THERETO; PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN DATE FOR THE COMMENCEMENT OF THE 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, a hearing before the City Council was held at 7:30 p.m. on the 20th day of June, 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, WBEREAS, 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, 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. 1425-5-96, and its amendments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SEC'T'ION 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 Reinvestment Zone, No. 7, City of Allen, Texas (the "Zone"). SECTION 3: Operation of the Zone shall commence on June 20, 1996, for a period not to exceed two (2) 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 two (2) 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 one hundred percent (100%) each year, over two (2) years. SECTION S: 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 P.ASSM AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE AM 11: P. Y OF JUNE, 1996. APPROVED: •' 1 APPROVED AS TO FORM: ATrEST- �. Tion crow r, CITY A PQRNEY Mo n, CMC, CITY SECRETARY Ordinance No. 1434-6-96 Page 2 ORDINANCE NO. 1434-6-96 Exhibit A City of Allen Reinvestment Zone #7 The general description of the Reinvestment Zone is as follows: BEING a tract of land situated in the Peter Wetsel Survey, Abstract No. 990 in the City of Allen, Collin County, Texas and being part of a 52.02 acre tract conveyed to O. B. English as recorded in Vol. 720, Page 643, Deed Records of Collin County, Texas and being more particularly described as follows: COMAMNCING at a point in the northwest right-of-way line of State Highway 5 (100' R.O.W.), said point being S 30152' W, 1600.28 feet along said northwest line from the most northeast comer of said 52.02 acre tract; THENCE N 89008' W, 144.12 feet to the Place of Beginning; THENCE N 89008' W, 255.00 feet; THENCE N 0052' W, 295.98 feet; THENCE S 89008' E, 25.00 feet; THENCE N 0052' W, 225.00 feet; THENCE S 89008' E, 205.00 feet; THENCE S 0052' E, 225.00 feet; THENCE S 89008' E, 25.00 feet; THENCE S 0052' E, 295.98 feet to the Place of Beginning and containing 2.7915 acres of land. Ile . ORDINANCE NO. 1434-6-96 VOL 1254MCE 770 V ligi six id is" EXHIBIT S 4,r City of Allen • Notice of Public Hearing Public notice is hereby given that the AFFIDAVIT AND PROOF OF PUBLICATION City Council of the City of Allen, Texas will hold a public hearing to allow interested persons to speak and present evidence for or against the establishment of a THE STATE OF TEXAS Reinvestment Zone. The public hearing COUNTY OF COLLIN will be held on June 20, 1996 at 7:30 p.m. BEFORE ME, the undersigned authority, on this day personally in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, appeared DEBBIE TACKETT, who having been by me duly sworn, Texas 75013. on oath deposes and says: The purpose of the Zone is to That she is the General Manager of THE ALLEN AMERICAN, a contribute to the retention or expansion of newspaper published in COLLIN COUNTY, TEXAS, not less frequently than primary employment or to attract major investment and industry to the City of once a week, having a general circulation in said county, and having been Allen for the purpose of creating jobs and published regularly and continously for more than twelve (12) months expanding the local tax base. prior to publishing All interested parties are encouraged to present their views at the hearing. Reinvestment Zone The general description of the Reinvestment Zone is as follows: of which the attached is a true and written copy, and which was published ( in THE ALLEN AMERICAN on BEING a tract of land situated in the Peter Wetsel Survey, Abstract No. 990 in the City of Allen, Collin County, Texas June 8, 1996 and being part of a 52.02 acre tract conveyed to O. B. English as recorded in and which was Issued on Vol. 720, Page 643, Deed Records of Collin County, Texas and being more June 8, 1996 particularly described as follows: COMMENCING at a point in the north- west right-of-way line of State Highway5 byCit f All Y o en of COLLIN COUNTY, TEXAS (100' R O.W.), said point being S 3052' W, 1600.28 feet along said northwest line from the most northeast corner of said A printed copy of said publi alion is attached hereto. 52.02 acre tract; /`fit / —b THENCE N 8908' W, 144 12 feet to � u / / Cl /--T the Place of Beginning; SUBSCRIBE SWORN to before me this THENCE N 8908' W, 255.00 feet; �AD I / da , A.D. 19 4 THENCE N 0'52'W, 295.98 feet; �� THENCE S 89'08'E, 25.00 feet; 70 THENCE N 0'52'W. 225.00 feet; NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS THENCE S 89'08'E, 205.00 feet; Publisher's fee S 4 5 . 3 8 THENCE S 0'52'E, 225.00 feet; THENCE S 89'08' E, 25.00 feet; . THENCE S 0'52' E, 295.98 feet to the 'A��'"n 2 V A TODD Place of Beginning and containing 2.7915 MY COMMISSiON EXPIRES December 5 1998 acres of land. -= A map depicting this tract is available at the office of the Allen Economic Development Corporation, 400 E. Bethany, Suite 150, Allen, Texas 75013. THE CITY OF ALLEN, TEXAS 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 conlinously for more than twelve (12) months prior to publishing Ordinanm 1436-6-96 of which the attached is a true and written copy, and which was published In THE ALLEN AMERICAN on June 26 &9June 29, 1996 and which was Issued on June 26, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication Is attached hereto. xy 011ALI SUBS�C/vR/GIBE AND�W�ONefore me this ndayA.D. /1}9 % 6n NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee 5 3 0. 2 6 *: *' MY COMWa'310N- EXPMES T =on. a CITY OF ALLEN PUBLIC NOTICE h.w Notice is hereby given that the Allen :City Council adopted the following ordinance at their regular meeting held on ,,,,,Thursday, June 20, 1996 (Title only): Ordinance No. 1434-6-96: An Or mance o t e Z`iity o en, ollrn r County, Texas, Designating a Certain �r —Area as a Reinvestment Zone: Providing I :for the Establishment of Agreements i %within the Zone, and'Other Matters Relat- : ,ung Thereto; Providing Findings of Fact; r Providing a Severability Clause; and : Providing an Effective Date for the P 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, June 20, 1996 (Title only): Ordinance No. 1434-6-96: An Or mance o t e --C i t y–MA e1l�oIIin County, Texas, Designating a Certain Area as a Reinvestment Zone; Providing for the Establishment of Agreements within the Zone, and Other Matters Relat- ing 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