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Home My WebLink AboutO-1466-10-96ORDINANCE NO. 1466-10-96 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 COMMENCFIVIFNT 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 17th day of October, 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. 1425-5-96, including amendments adopted in Ordinance No. 1445-8-96; NOW, I tEFORE, 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. 9, City of Allen, Texas (the "Zone"). SECTION 3: Operation of the Zone shall commence on October 17, 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 thirty percent (430%) 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 17TH DAY OF OCTOBER, 1996. APPROVED: --.14 - Kevin L. Lilly, MAYOR APPROVED AS TO FORM: ATTEST: �Y Ndy Morfig�on, CMC, C=�SE�CRRARY Ordinance No. 1466-10-96 Page 2 ORDINANCE NO. 1466-10-96 Exhibit A City of Allen Reinvestment Zone #9 The general description of the Reinvestment Zone is as follows: BEING a 13.649 acre tract out of the William Perrin Survey, Abstract No. 875, Collin County, Texas; said tract being part of Lot 1, Block 1, Enterprises Addition No. 2, an addition to the city of Allen, Texas according to the plat recorded in Cabinet G, Page 457 of the Plat Records of Collin County, Texas; said 13.649 acre tract being more particularly described as follows: BEGINNING, at a %2 inch iron rod found for corner at the intersection of the south right-of-way line of Bethany Drive (a 110 foot wide right-of-way) and the east right-of-way line of Enterprise Boulevard (a 60 foot wide right-of-way); said point being the northwest corner of said Lot 1; said point also being on a curve to the left whose center bears North 22 degrees, 41 minutes, 10 seconds West, a distance of 783.22 feet from said point; THENCE, in an easterly direction along the said south line of Bethany Drive, the following six calls: Along said curve to the left, through a central angle of 02 degrees, 57 minutes, 37 seconds, an are distance of 40.47 feet to a %2 inch iron rod found at the end of said curve; North 64 degrees, 20 minutes, 55 seconds East, a distance of 348.00 feet to a '/Z inch iron rod found at the beginning of a curve to the right whose center bears South 25 degrees, 39 minutes, 05 seconds East, a distance of 671.42 feet from said point; Along said curve to the right, through a central angle of 32 degrees, 43 minutes, 02 seconds, an arc distance of 383.40 feet to a''/z inch iron rod found at the end of said curve; South 76 degrees, 22 minutes, 44 seconds East, a distance of 83.77 feet to a '/s inch iron rod found at the beginning of a curve to the right whose center bears South 13 degrees, 49 minutes, 43 seconds West, a distance of 666.42 feet from said point; Along said curve to the right, through a central angle of 07 degrees, 47 minutes, 56 seconds, an arc distance of 90.71 feet to a''/z inch iron rod found at the end of said curve; South 67 degrees, 59 minutes, 05 seconds East, a distance of 202.31 feet to a %2 inch iron rod found for corner; said point being the northeast corner of said Lot 1, Block l; said point also being on the west right-of-way line of Southern Pacific Railroad (a 100 foot wide railroad right-of-way); ORDINANCE NO. 1466-10-96 THENCE, South 21 degrees, 56 minutes, 43 seconds West, along the east line of said Lot 1 and the said west line of Southern Pacific Railroad, a distance of 780.00 feet to a'`/2 inch iron rod with "Pacheco Koch" cap set for corner; THENCE, North 68 degrees, 03 minutes, 17 seconds West, departing the east line of said Lot 1 and the said west line of Southern Pacific Railroad, a distance of 802.71 feet to a %z inch iron rod with "Pacheco Koch" cap set for corner in the said east line of Enterprise Boulevard and the west line of said Lot 1; J THENCE, North 14 degrees, 03 minutes, 00 seconds, East, along the said east line of Enterprise Boulevard, a distance of 69.64 feet to a '/2 inch iron rod found at the beginning of a curve to the left whose center bears North 75 degrees, 57 minutes, 00 seconds West, a distance of 180.00 feet from said point; THENCE, in a northerly direction along the said east line of Enterprise Boulevard and said curve to the left, through a central angle of 34 degrees, 36 minutes, 10 seconds, an arc distance of 108.71 feet to a'`/2 inch iron rod found at the end of said curve; THENCE, North 20 degrees, 33 minutes, 10 seconds West, continuing along the said east line of Enterprise Boulevard, a distance of 153.71 feet to the POINT OF BEGINNING; CONTAINING, 594,544 square feet or 13.649 acres of land, more or less. ORDINANCE NO. 1466-10-96 EXHIBIT 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 #1466-10-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 23 & October 26, 1996 and which was Issued on October 23, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBS RIBED W RN to before me this // day � � 19 / i, NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee 5 3 4. 13 -..r,,,, ;p rG.,- V. A. TODD MY COMMISSION EXPIRES December 5, 2000 i�F OF �.•�� 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, October 17, 1996'(Title only): Ordinance No. 1466-10-96: An Or mance o th-e- -City o F AT en, o I I i n County, Texas, Designating a Certain Area as an Industrial Reinvestment Zone; I Providing for the Establishment of Agree- s 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 k City Secretary CITY OF ALLEN PUBLIC NOTICE r Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, October 17, 1996 (Title only): Ordinance No. 1466-10-96: An Or mance o th_e_City-o ATFe_n,__Co I I i n 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 t or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary