O-1242-4-94ORDINANCE NO. 1242-4-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
DESIGNATING A CERTAIN AREA AS AN INDUSTRIAL. REINVESTMENT ZONE;
PROVIDING FORTHE 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 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 21st day of April, 1994 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,
WIIEREAS, 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, w 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,
WIIDREAS, 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;
WHEREAS, all activities within the Reinvestment Zone will adhere to the guidelines defined in the City of
Allen Comprehensive Zoning Ordinance 829-11-87;
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:
(I) 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 am-Ad 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.
(4) Improvements in the Reinvestment Zone will enhance significantly the value
of all taxable real and personal 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 Industrial Reinvestment Zone, No. 4, City of Allen, Texas (the "Zone").
SECTION 3: That operation of the Zone shall commence on April 21, 1994 for a period not to exceed
ten (10) 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 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 up to four-hundred forty percent (440%) of the increased value over six (6) years.
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 judgement 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 21ST DAY OF APRIL, 1994.
APPROVED:
41L- Aawa—
/Joe Farmer, MAYOR
APPROVED AS TO FORM: (/ATTEST:
A. Don Crowder, CITY XTTORNEY Jury Mo son, CMC, CITY SECRETARY
Ordinance No. 1242-4-94 Paget
P
ORDINANCE N0. 1242-4-94
Exhibit "A"
The general description of the Reinvestment Zone is as follows: BEING a survey of a 10.00 acre tract
of land situated in the Wm. PERRIN SURVEY, Abstract No. 708, Collin County, Texas, and being part
of that certain 45.357 acre tract of land described as part of Tracts I & 3 in Deed recorded in Volume
1059, Page 833 and pan of Tracts 1 & 2 in deed recorded in Volume 1077, Page 231 and pan of Tract
1 in Deed recorded in Volume 1059, Page 276, Deed Records of Collin County, Texas; and being more
particularly described by metes and bounds as follows,
COMMENCING at a 1/2" inch iron rod found at the Northeast corner of Bethany Tech Addition, an
Addition to the City of Allen, Collin County, Texas, according to the Map or Plat thereof recorded in
Volume F, Page 273, Plat Records of Collin County, Texas;
THENCE N 76 degrees 00 minutes 03 seconds W, along the North line of Bethany Tech Addition, a
distance of 1283.15' feet to an iron rod with cap found for the POINT OF BEGINNING, said iron rod
being in the Easterly right-of-way line of U.S. HWY 75,
THENCE N 14 degrees 03 minutes 12 seconds E, along the Easterly right-of-way line of said U.S. Hwy.
No. 75, a distance of 644.73' feet to a 5/8" inch rod set for corner;
THENCE S 81 degrees 08 minutes 35 seconds E, departing the Easterly rightof-way line of U.S. Hwy -
No. 75, a distance of 200.83' feet to a 5/8" inch rod set for corner in the North line of the 10.000 acre
tract described herein;
THENCE S 76 degrees 00 minutes 03 seconds E, along the North line of said 10.000 acre tract, a
distance of 460.00' feet to a 5/8" inch rod set for corner, said iron rod being the Northeast corner of said
10,000 acre tract;
THENCE S 14 degrees 03 minutes 12 seconds W, a distance of 662.73' feet to a 5/8" inch rod set for
corner, said iron rod being the Southeast corner of said 10.000 acre tract;
THENCE N 76 degrees 00 minutes 03 seconds W, along the said South line of 10.000 acre tract, a
distance of 660.00' feet to the POINT OF BEGINNING and CONTAINING 10.000 acres of land more
or less.
�! N0. 1242-4-94
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTYOF COLLN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duty sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not lose frequently than once
a week, having a general circulation in said county, and having been published
regularly and contincuaty for more than twelve (12) months prior to publishing
Ordinance #1242-4-94
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Wednesdva. April 27. 1994
andwhichwasissuedon April 27, 1994
by C i ty o f Allen of COLLIN COUNTY,TEXAS
A primed copy of said publication is attached hereto.
aI, /;,.-T,, iLz:r
SUBSCRIBED AND SWORN to before me this Lday of 9/ yLJ-.A.D 19 9Y
V. A. TODD y�
AH CSM V a..�..
TARY PUBLIC In and for COLLIN COUNTY, TEXAS
Publisher's fee $ 1 1 . 2 5
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTYOFCOLLN
BEFORE ME, the undersigned authority, on this day personalty
appeared DEBBIE TACKETT, who having been by me duly swom, 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 courdy, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Ordinance 61242-4-94
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Sunday, May 1. 1994
and which was issued on M.ay. .1,_ 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 7 day of A.D 19 9�
^riffs V. A. 70M
MY calwialsatia .v E
DCCanEeraIND
ARY PUBLIC In LforOOLLIN COUNTY,TEXAS
PubAsher9 fee $ 11 . 25