O-1522-8-97ORDINANCE NO. 1522-8-97
AN ORDINANCE OF THE CITY OF ALLEN, COII.IN COUNTY, TEXAS,
DESIGNATING A CERTAIN AREA AS A INDUSTRIAL REINVES WIENT
ZONE; PROVIDING FOR THE FSTABUSHMENT OF AGREEMENTS
WITHIN THE ZONE, AND OTHER MATTERS RELATING TTIEREIO;
PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE FOR THE COMMENCEMENT 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 centiguous geogaphic 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 proposed Tax Abatement Agreement between the City of Allen, Texas, Dallas Fort
Worth Real Estate Investments #1 I -P, the County of Collin, Texas, and the Collin County Community
College District has been presented to the City Council; and the City Council is of the opinion and fords
that the terms and conditions thereof should be approved and that the Mayor should be authorized to
execute the Agreement on behalf of the City of Allen; and
WHEREAS, a hearing before the City Council was held at 7:30 p.m. on the 21st day of August,1997,
such date being not later than 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, and its amendments;
NOW, THEREFORE, 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. 14, City of
Allen, Texas (the "Zone").
SECTION 3: The Mayor is hereby authorized to execute on behalf of the City of Allen the Tax
Abatement Agreement between the City of Allen, Texas, Dallas Fort Worth Real Estate Investments
#1 L.P., the County of Collin, Texas, and the Collin County Community College District (a copy of
' which is attached hereto as Exhibit "C"), said agreement having been previously reviewed and approved
by the City Council of the City of Allen.
SECTION 4: Operation of the Zone shall commence on August 21, 1997, for a period of ten (10)
years.
SECTION 5: 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 percent (400%) of the increased value aver ten (10) years.
SECTION 6. 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 COUNCH.OFTHE CITY OF ALIEN, TEXAS,
ON THE 21ST DAY OF AUGUST, 1997.
APPROVED.�
Stephen Terrell, MAYOR�^S�C�{//J
APPRO FORM: ATTEST:
A Don r, CITY ATTORNEY J6dy Miltison, CMG CITY SECRETARY
Ordinance No. 1522-6-97 Page 2
Exhibit A
City of Allen
Reinvestment Zone # 14
The general description of the Reinvestment Zone is as follows:
BEING, a 13.894 acre tract out of the Rufus Sewell Survey, Abstract No. 875, Collin County,
Teras; said tract being part of Lot 1, Block 1, Enterprises Addition No. 2, an addition to the City
of Allen, Texas according to the plot recorded in Cabinet G, Page 457 of the Plat Records of
Collin County, Texas; said 13.894 acre tract being more particularly described as follows:
COMMENCING, at a 1/2 -inch iron rod found 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, Block
THENCE, South 20 degrees, 33 minutes, 10 seconds East, along the said east line of
Enterprise Boulevard and the west line of said Lot 1, a distance of 153.71 feet to a 1/2 -inch
iron rod found at the beginning of a curve to the right whose center bears South 69
degrees, 26 minutes, 50 seconds West, a distance of 180.00 feet from said point;
THENCE, in a southerly direction continuing along the said east line of Enterprise
Boulevard and said curve to the right, through a central angle of 34 degrees, 36 minutes,
10 seconds, on arc distance of 108.71 feet to a 1/2 -inch iron rod found at the end of said
curve;
THENCE, South 14 degrees, 03 minutes, 00 seconds West, continuing along the said east
line of said Enterprise Boulevard, a distance of 511.09 feet to a I/2 -inch iron rod found at
on angle point;
THENCE, South 11 degrees, 50 minutes, 00 seconds West, continuing along the said east
lice of Enterprise Boulevard, a distance of 315.97 feet to a 1/2 -inch iron rod with "Pacheco
Koch" cap set at the POINT OF BEGINNING;
THENCE, South 68 degrees, 03 minutes, 17 seconds East, deporting the said east line of
Enterprise Boulevard and the west line of said Lot 1, a distance of 684.35 feet to a 1/2 -inch iron
rod with "Pacheco Koch" cap set for corner in the west right-of-way line of Southern Pacific
Railroad (a 100 -foot wide railroad right-of-way) and the east line of said Lot 1;
THENCE, South 22 degrees, 08 minutes, 57 seconds West, along the said west line of Southern
Pacific Railroad end the east line of said Lot 1, a distance of 180.01 feet to a I/2 -inch iron rod
' found at the beginning of a curve to the right whose center bears North 68 degrees, 05 minutes, 56
seconds West, a distance of 2814.79 feet from said point;
Ordinance No. 1522-8-97 Page
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THENCE, in a southwesterly direction along the said west line of Southern Pacific Railroad and
said curve to the right, through a central angle of 19 degrees, 11 minutes, 30 seconds, an arc
distance of 942.84 feet to a 1/2 -inch iron rod with "Pacheco Koch" cap set for corner;
THENCE, North 78 degrees, 30 minutes, 00 seconds West, departing the said west line of
Southern Pacific Railroad and the east line of said Lot 1, a distance of 318.84 feet to a 1/2 -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; said point being on a curve to the left whose center bears North 77
degrees, 49 minutes, 24 seconds West, a distance of 320.00 feet from said point
THENCE, in a northeasterly direction along the said east line of Enterprise Boulevard and said
curve to the left, through a central angle of 00 degrees, 40 minutes, 36 seconds, on arc distance of
3.78 feet to a 1/2 -inch iron rod found at the end of said curve;
THENCE, North 11 degrees, 30 minutes, 00 seconds East, continuing along the said east line of
Enterprise Boulevard, a distance of 1179.06 feet to the POINT OF BEGINNING;
CONTAINING, 605,203 square feet or 13.894 acres of land, more or less.
Ordinance No. 1522-8-97 Page
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Exhibit B