O-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