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Home My WebLink AboutO-2527-6-06ORDINANCE NO. 2527-6-06 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 28A (DUKE REALTY LIMITED PARTNERSHIP EXPANSION); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL -INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Allen, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and, WHEREAS, the City Council of the City of Allen, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; and, WHEREAS, the City Council previously designated Reinvestment Zone No. 28 and the Taxing Units previously entered into a Tax Abatement Agreement with Duke Realty Limited Partnership for property ' located in Reinvestment Zone No. 28; and, WHEREAS, subsequent to the Taxing Units entering into the Original Tax Abatement Agreement, Duke Realty Limited Partnership a red additional contiguous acreage to the land located within Reinvestment Zone No. 28 and reconfiguree height and orientation of the proposed improvements to constructed within Reinvestment Zone No. 28 so as to include land located within proposed Reinvestment Zone No. 28A; and, WHEREAS, the proposed Amended and Restated Tax Abatement Agreement by and among the City of Allen, Texas, Duke Realty Limited Partnership, the County of Collin, Texas, and the Collin County Community College District attached hereto as Exhibit "B," has been presented to the City Council; and the City Council is of the opinion and finds that the terns and conditions thereof should be approved and that the Mayor should he authorized to execute the Agreement on behalf of the City of Allen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council of the City of Allen, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the rendition or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of an amended and restated tax abatement agreement. ' SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the real property described in Exhibit "A" and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the time "Reinvestment Zone No. 28A." I SECTION 3. The property within Reinvestment Zone No. 28A is eligible for commercial -industrial tax abatement effective on January 1, 2006. SECTION 4. The Agreement attached hereto as Exhibit `B" having been reviewed by the City Council and found to be acceptable and in the best interests of the City and its citizens, is hereby approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Allen, Texas. SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or as amended hereby, which shall remain in full force and effect. SECTION 6. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 7. This ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 13TH DAY OF JUNE, 2006. APPROVED AS TO FORM: (��J Peter G. Smith, CITY ATTORNEY APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley George, C1TY-SECRETARY '-�" Ordinance No. 2527-6-06, Page 2 Exhibit A ' Legal Description for Zone 28A DESCRIPTION, of a 0.443 acre tract of land situated in the Michael See Survey, Abstract No. 543, Collin County, Texas; said tract being part of Lot 3, Block A Millennium Office Park, an addition to the City of Allen, Texas according to the plat recorded in Cabinet K, Slide 856 of the Map Records of Collin County, Texas and being part the same tract of land described in Special Warranty Deed to Allen Economic Development Corporation recorded in Volume 3914, Page 1795 of the Deed Records of Collin County, Texas; said 0.443 acre tract being more particularly described as follows: COMMENCING, at a 1/2 -inch iron rod with "Weir & Assoc." cap found in the west right-of-way line of US 75 (Central Expressway, a variable width rightof--way); said point being the southernmost end of a right-of- way comer clip at the intersection of said west line of US 75 and the south right-of-way line of Venture Drive (a variable width right-of-way); THENCE, along the said west line of US 75, the following five (5) calls: South 13 degrees, 11 minutes, 41 seconds West, a distance of 5 1. 14 feet to a 1/2 -inch iron rod with "Weir & Assoc." cap found at an angle point; South 87 degrees, 56 minutes, 14 seconds West, a distance of 3 L 10 feet to an angle point; South 13 degrees, I I minutes, 48 seconds West, a distance of 124.96 feet to a cut "+" in concrete found at an angle point; South 37 degrees, 09 minutes, 08 seconds East, a distance of 38.98 feet to an angle point; from said point a 60D nail found bears South 70 degrees, 39 minutes East, a distance of 0.4 feet, a PK nail found bears South 09 degrees, 57 minutes East, a distance of 0.6 feet; South 13 degrees, 11 minutes, 41 seconds West, a distance of 374.61 feet to a point for comer; THENCE, North 76 degrees, 48 minutes, 19 seconds West, departing said west line of US 75, a distance of 86.00 feet to a point for comer; THENCE, South 13 degrees, 11 minutes, 41 seconds West, a distance of 17.50 feet to a point for comer; THENCE, North 76 degrees, 48 minutes, 19 seconds West, a distance of 61.19 feet to a point for comer; THENCE, South 73 degrees, 11 minutes, 41 seconds West, a distance of 66.28 feet to a point for corner; THENCE, North 76 degrees, 48 minutes, 19 seconds West, a distance of 86.21 feet to a point for comer; THENCE, North 43 degrees, 16 minutes, 31 seconds West, a distance of 56.63 feet to a point for the POINT OF BEGINNING; THENCE, North 43 degrees, 16 minutes, 31 seconds West, a distance of 4.05 feet to a point for corner; ' THENCE, North 89 degrees, 48 minutes, 46 seconds West, a distance of 182.28 feet to a point in the east right-of-way line of Epoch Drive (an 80 -foo[ wide right-of-way); said point being on a non -tangent curve to the left; Ordinance No. 2527lr06, Page 3 THENCE, in a northwesterly direction along the said east line of Epoch Drive and along said curve to the left, having a central angle of 10 degrees, 59 minutes, 54 seconds, a radius of 640.00 feet, a chord hearing ' and distance of North 03 degrees, 44 minutes, 42 seconds West, 122.67 feet, an arc distance of 122.85 feet to a point for the end of said curve; THENCE, South 76 degrees, 48 minutes, 19 seconds East, departing the said east line of Epoch Drive, a distance of 216.72 feet to a point for comer; THENCE, South 13 degrees, 11 minutes, 41 seconds West, a distance of 78.56 feet to the POINT OF BEGINNING; CONTAINING, 19,315 square feet or 0.443 acres of land, more or less. F 1 Ordinance No. 2527-6-06, Page 4 1 EXHIBIT B Amended and Restated Tax Abatement Agreement to be attached. Ordinance No. 2527-6-06, Page 5