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O-1422-4-96ORDINANCE NO. 1422-4-96 AN ORDINANCE OF THE CITY OF ALLEN, COLL IN COUNTY, TEXAS, DESIGNATINGA CERTAINAREA AS A INDUSTRIAL ZONE; PROVIDING FOR THE ESTABLISBNIENT OF AGREEMENTS WITHN THE ZONE, AND OTHER MATTERS RELATINGTHERETO; PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECT DATE FOR THE COMMENCEMENT OF THE REBaTSTMENT 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 18th day of April, 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. 829-11-87, and its amendments; NOW,1 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. 6, City of Allen, Texas (the "Zone"). SECTION 3: Operation of the Zone shall commence on April 18,1996, 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 forty percent (440%) 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 ALIEN, TEXAS, ON THE 18Th DAY OF APRIL, 1996. APPROVED: � �ljsGaC�- Jbe Farmer, MAYOR ATTEST': Ordinance No. 1422-4-96 Page 2 ORDINANCE NO. 1422-4-96 Exhibit A City of Allen Reinvestment Zone #6 The general description of the Reinvestment Zone is as follows: BEING 36.816 acres of land, more or less, situated in the William Perrin Survey, Abstract Number 708, Collin County, Texas and being a part of that certain Lot 1, Block 2 Millennium Business Park, an addition to the City of Allen according to the plat recorded in Cabinet 1, Page 494 of the Map Records of Collin County, Texas (MRCCT) said 36.816 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 3/4 inch iron rod found marking the northwesterly corner of said Lot 1, Block 2, the same being the southwesterly corner of Lot 2A, Allen City Complex Addition Revised, an addition to the City of Allen according to the plat recorded in Cabinet 1, Page 687 (MRCCT) and being in the easterly right-of-way line of U.S. Highway Number 75, a variable width right-of- way; THENCE S 75 °54'32" E, departing said right-of-way and crossing said Lot 1, Block 2, a distance of 170.58 feet to a % inch iron rod with plastic cap marked "EHA" set; THENCE N 89°09'48" E, crossing said Lot 1, Block 2, a distance of 983.61 feet to a''/z inch iron rod with plastic cap marked "EHA" set in the easterly line of said Lot 1, Block 2, the same being the westerly right-of-way line of Century Parkway, an 85 foot wide right-of-way; THENCE southerly, along the common line between said Lot 1, Block 2 and Century Parkway right-of-way the following four courses; (1) S 00- 16'35" E, a distance of 753.15 feet to a %i inch iron rod found for the beginning of a curve to the right; (2) Along said curve having a radius of 957.50 feet, a delta angle of 20°05'11 ", a long chord that bears S 09°46'01" W a distance of 333.96 feet and an arc distance of 335.68 feet to a inch iron rod with plastic cap marked "EHA" set; (3) S 19°48'36" W, a distance of 102.74 feet to a'/z inch iron rod with plastic cap marked "EHA" set for the beginning of a curve to the left; (4) Along said curve having a radius of 5742.50 feet, a delta angle of 02'19'47", a long chord that bears S 18'38'43" W a distance of 233.49 feet and an arc distance of 233.50 feet to a '/z inch iron rod with plastic cap marked "EHA" set for a "cut-back" angle point to Millennium Drive right-of-way; ORDINMCE NO. 1422-4-96 THENCE S 62° 10'28" W, along said "cut-back", a distance of 26.73 feet to a''/2 inch iron rod with plastic cap marked "EHA" set in the northerly right-of-way line of Millennium Drive, (called 85 feet wide at this point); THENCE along the northerly right-of-way line of Millennium Drive, the same being the southerly line of said Lot 1, Block 2 the following four courses; (1) N 73 °05'14" W, (called N 73'07'53" W on plat in cabinet 1, page 494 MRCCT) a distance of 288.40 feet to a %2 inch iron rod with plastic cap marked "EHA" set for the beginning of a curve to the left; (2) Along said curve to the left having a radius of 2042.50 feet, a delta angle of 02°53'2011, a long chord that bears N 74°31'53" W, (called N 74°34'32" W on plat in Cabinet 1, page 494 MRCCT) a distance of 102.97 feet and an arc distance of 102.98 feet to a''/Z inch iron rod with plastic cap marked "EHA"set; (3) N 75 °58'33" W, (called N 76°01'12" W on plat in Cabinet 1, page 494 MRCCT) a distance of 682.34 feet to a %Z inch iron rod with plastic cap marked "EHA" set; (4) N 70°50'01" W, (called N 70°52'40" W on plat in Cabinet 1, page 494 MRCCT) a distance of 200.71 feet to a %Z inch iron rod found in the easterly right-of-way line of U.S. Highway Number 75; THENCE along the easterly right-of-way line of U.S. Highway Number 75, the same being the westerly line of said Lot 1, Block 2, the following three courses: (1) N 14°00'49" E, (called N 14°02'03" E on plat in Cabinet 1, page 494 MRCCT) a distance of 488.65 feet to a %2 inch iron rod with plastic cap marked "EHA" set; (2) N 08°31'22" E, (called N 08°32'36" E on plat in Cabinet 1, page 494 MRCCT) a distance of 100.53 feet, from whence a wood right-of-way marker found bears N 00°54'11" E a distance of 1.22 feet; (3) N 14°00'49" E, (called N 14°02'03" E on plat in Cabinet 1, page 494 MRCCT) a distance of 539.73 feet to the POINT OF BEGINNING, and containing 36.816 acres of land. THE BASIS FOR BEARING IS THE CALLED BEARING ALONG THE WEST LINE OF CENTURY PARKWAY RIGHT-OF-WAY ACCORDING TO THE PLAT IN CABINET 1, PAGE 494 (MRCCT). EXHIBIT B N 170 Se S69'09•4e'E !6361 .W 8„ i 8 e 8 REINVESTMENT ZONE 6 (36.816 ACRES) 0. +� $ - CL -333.06' i Ca-Sol 1 N)p •w W 6X01 z J,. MIL/ N)S� J3 M h• F 6Q7.J. CL -10297 R11042 30' C1-233 N' 'w -� R -37a1.30' R-5742.50' l b3.".w Y zee *p, \\�.2-10'26•w 26 73' 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 #1422-4-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on April 24 & April 27; 1996 and which was Issued on April 24, 1996 by C i r y of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. P.ov � _ Oxe /iQQ tiC �A SUBSCRARED AND,S�� W�ORN to before me this vi ` day -, A.D. 19 % y f -a , NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS Publisher's fee 5 3 0. 2 6 V. A. TODD MY COMMwSSION EXPIRES December 5, 1996 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, April 18, 1996 (Title only): Ordinance No. 1422-4-96: An Or finance o t e'�ity o en, ollin 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 or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /a/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, April 18, 1996 (Title only): Ordinance No. 1422-4-96: An Or man Texas, DesiTthe gnating a Certain llin- County, 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 I Zone and this Ordinance. be read A copy of this ordinance may L — or purchased in the oOne Butle of er Cl'a ,. Secretary, City of Allen, Alien, Texas 75013• /s/Judy Morrison I- f City Secretary