O-1090-3-92ORDINANCE NO. 1090-3-92
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 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 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 19th day of March, 1992,
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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
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 orcommission 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,
Number 1, Bethany Central Limited Liability Partnership, City of Allen, Texas (the "Zone").
SECTION 3: That operation of the Zone shall commence on January 1, 1993, for a period of five
(5) years.
SECTION 4: That 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 five (5) years, and the
written agreement shall provide an exemption from taxation of the increased value in the real property
in an amount of up to fifty-seven and six -tenths percent (57.6%) of the increased value.
SECTION 5: That 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 3 0 th DAY OF MARCH , 1992.
PROVF,D AS TO FORM:
A. DwUrWdet, CITY ATTORNEY
APPROVED:
d< -P
- p7ev_��
Farmer, MAYOR
ATTEST:
Juff MorrWon, CITY SECRETARY
Ordinance No. 1090-3-92 Page 2
EXHIBIT A Ordinance NO. 1090-3-92
CITY OF ALLEN
REINVESTMENT ZONE # 1
LEGAL DESCRIPTION
Situated in Collin County, Texas, part of the William Perrin
Survey, Abstract No. 708 and being in the Michael See Survey,
Abstract No. 543, and being part of a 8.822 acre tract as
described in a deed from Gary Sibley, Trustee, to W.W. Fisher,
Jr., Trustee, being recorded in Volume 1686, Page 709, of the
Collin County Deed Records and being more fully described as
follows:
COMMENCING at an iron stake in the Northwest corner of the said
tract at the intersection of the East line of U.S. Highway 75,
(variable width right-of-way) with the South line of Bethany
Drive (a 110 foot wide right-of-way).
THENCE South 14 degrees 01 minute 57 seconds West, with the West
line of the said tract and the East right-of-way line of U.S.
Highway 75 a distance of 206.62 feet to a wooden right-of-way
marker.
THENCE South 19 degrees 41 minutes 25 seconds West continuing
along said West line of the said tract and said East right-of-way
line of U.S. Highway 75 a distance of 29.24 feet to the point of
beginning.
THENCE South 69 degrees 47 minutes 44 seconds East, a distance of
316.80 feet to the beginning of a curve to the left having a
central angle of 14 degrees 02 minutes 10 seconds and a radius of
500.00 feet.
THENCE in an Easterly direction with said curve, an arc distance
of 122.49 feet.
THENCE South 83 degrees 49 minutes 54 seconds East to a point in
the West right-of-way line of Enterprise Boulevard a distance of
132.85 feet.
THENCE South 14 degrees 03 minutes 00 seconds West, with the East
line of the said tract and the West line of Enterprise Boulevard
a distance of 302.86 feet to an iron pin in the North line of
Intecom Drive (a 50 foot right-of-way).
THENCE North 83 degrees 49 minutes 54 seconds West, with the
South line of the said tract and North line of Intecom Drive
614.14 feet to an iron stake in the Southwest corner of the said
tract. Said corner also being in the intersection of the East
right-of-way line of U.S. Highway 75 and the North line of
Intecom Drive.
THENCE North 19 degrees 41 minutes 25 seconds East, following the
West line of the said tract and the East right-of-way line of
U.S. Highway 75 (a variable width right-of-way) a distance of
402.93 feet to the point of beginning, and containing 197,657
square feet (4.53 acres) of land more or less.
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Ordinance No. 1090-3-92
EXHIBIT "A"
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OFCOLLIN
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
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
WEdnesday, March 11, 1992
and which was issued on March 1 1, 1992 ,
by City o f Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
tUN SWORN to before me this —L day of A.D. 19_
V.A. TODD
MY COMMISSION EXPIRES
IN'
•'�'' p! Dgwmber 5.1i 92
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 4 9 . 5 0
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Public notice is hereby given that the City
Council of the City of Allen, Texas will hold
a public hearing to allow interested per-
sons to speak and present evidence for or
against the establishment of a Reinvest-
ment Zone.
The purpose of the zone is to contribute to
the retention or expansion of primary em-
ployment or to attract major investment
and industry to the City of Allen for the
purpose of creating jobs and expand the
local tax base.
All interested parties including residents
and/or property owners within the prop-
osed zone are encouraged to present their
views at the hearing.
The general description of the area of the
Reinvestment Zone is as follows:
Situated in Collin County, Texas, part of
the William Perrin Survey, ,Abstract No.
708 and being in the Michael See Survey,
Abstract No. 543, being part of a 8.822
424 Legal Notices,
acre tract as described in a deed from Gary
Sibley, Trustee,'to W.W. Fisher, Jr., Trus-
tee, being recorded in Volume 1686, Page
709, of the Collin County Deed Records
and being more fully described as follows:
COMMENCING,'at an iron stake in the
Northwest corner of the said tract at the
mtersection'of the East line of U. S. High-
way 75, (variable width right-of-way) with
the South line of Bethany Drive (a 110 foot
wide right-of-way).
THENCE, South 14 degrees, 01 minute,
57. seconds West, with the West'hne of the
y�- said tract and the East right-of-way line of
ro U.S. Highway 75 a distance of 206.62 feet
to a wooden right-of-way marker.
THENCE, South 19 degrees, 41 minutes,
C' 25 seconds West continuing along said
2- West line of the said tract and said East
right-of-way line of U.S. Highway 75 a dis-
tance of 29.24 feet to the point of
s beginning.
THENCE, South 69 degrees, 47 minutes,
44 seconds East, a distance of 316.80 feet
�.. to the beginning of a curve to the left having
c a central angle of 14 degrees, 02 minutes,
`- 10 seconds and a radius of 500.00 feet.
THENCE, in an Easterly direction with said
curve, an arc distance of 122.49 feet.
THENCE, South 83 degrees, 49 minutes,
54 seconds East to a point in the West
right-of-way line Enterprise Boulevard a
distance of 132.85 feet.
THENCE, South 14 Degree, 03 minutes,
00 seconds West, with the East line of the
said tract and the West line of Enterprise
t�. Boulevard a distance of 302.86 feet to an
iron pin in the North line of Intecom Drive (a
�! 50 foot right-of-way).
THENCE, North 83 degrees, 49 minutes,
54 seconds West, with the South line of the
said tract and North line of Intecom Drive
614.14 feet to an iron stake in the South--
west
outhwest corner of the said tract. Said corner
also being in the intersection of the East
right-of-way line of U.S. Highway 75 and
the North line of Intecom Drive.
THENCE, North 19 degrees, 41 minutes,
25 seconds East, following the West line'of
+. the said tract and the East right-of-way line
of U.S: Highway 75 (a variable width right-
of-way),a distance of 402.93 feet to the
point of beginning, and containing 197,657
square feet (4.53 acres) of land more or
a„ less.
A map depicting this tract is available at the
City Planning Department, City of Allen at
r ; One Butler Circle, Allen, Texas 75002.
The public hearing will be held on March
19, 1992 at 7:30 p.m. in the City Council
chambers in City Hall at One Butler Circle,
Allen, Texas 75002.
For further information, contact the Depart-
ment of Economic Development, City of
t,,, Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0212.
/s/ David N. Pitstick
- Economic Development Coordinator
6
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 #1090-X-92
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday Aoril 8, 1992 & Sunday April 12, 1992
and which was issued on April 8, 1992
by.
City of Allen
of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
C
SUBSCRIBED AND SWORN to before me this J day of 'A.D. 19
V.A. TODD
�.. MY COMMISSION EXPIRES
Dwwrnbw It 1092
GG,
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 27.00
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
the Special Called Joint Meeting of the Al-
len City Council and the Allen Independent
School District Board of Trustees held on
Monday, March 30, 1992 (Title only):
Ordinance No. 1090-3-92: An Ordinance
of the City of Allen, Collin County, Texas,
Designating a Certain Area as an Industrial
Reinvestment Zone; Providing for the Es-
tablishment of Agreements Within the
Zone, and Other Matters Relating Thereto;
Providing Findings of Fact; Providing a
Severability Clause; and Providing an Ef-
fective 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 Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
City Secretary ,
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
the Special Called Joint Meeting of the Al-
len City Council and the Allen Independent
School District Board of Trustees held on
Monday, March 30, 1992 (Title only) -
Ordinance No. 1090-3-92: An Ordinance
of the City of Allen, Collin County, Texas,
Designating a Certain Area as an Industrial
Reinvestment Zone; Providing for the Es-
tablishment of Agreements Within the
Zone, and Other Matters Relating Thereto;
Providing Findings of Fact; Providing a
Severability Clause; and Providing an Ef-
fective 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 Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
City Secretary