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OR 2006-1128 Reinvestment Zone No.49 (Coppell Hard Eight, Ltd.) ORDINANCE NO. 2006-1128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 49 (COPPELL HARD EIGHT, LTD.); 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 Coppell, 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 Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; and WHEREAS, the proposed Tax Abatement Agreement by and among the City of Coppell, Texas, and Coppell Hard Eight, Ltd., attached hereto as Exhibit "A" has been presented to the City Council; and the City Council is of the opinion and finds 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 Coppel1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1. The City Council of the City of Coppell, 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 a tax abatement agreement. 63859 SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the real property described in the Tax Abatement Agreement attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 49." SECTION 3. The property within Reinvestment Zone No. 49 is eligible for commercial- industrial tax abatement effective January 1, 2006. SECTION 4. The Agreement attached hereto as Exhibit "A" 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 ofCoppell, Texas. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance 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 Coppell, and it is accordingly so ordained. 63859 DULY PASSED by the City Council of the City of Coppell, Texas, this the "2.'1 ~ day of ~.A/?A ~./ , 2006. U APPROVED: JJ/;{Jj~ DO LAS JSTOVER, MAYOR ATIEST: 63859 Exhibit "A" Legal Description CRESCENT ADDITION LOT 1, BLOCK A WHEREAS City ofCoppell is the owner of a 2.1898 acre tract of land situated in the James A. Simmons Survey, Abstract No. 1296, Dallas County, Texas; said tract being part of a tract of land described in deed to City ofCoppell recorded in Volume 2003094, Page 0797 of the Deed Records of Dallas County, Texas; said tract also being part of Block 5, Coppell Commerce Center Phase I, an addition to the City ofCoppell, recorded in Vol. 81051, pg. 3041, deed records, Dallas County, Texas; said 2.1898 acre tract bring more particularly described as follows: BEGINNING, as a 1Iz inch iron rod found for corner, said point being in the south right-of-way line of Bethel Road (a 50 foot right-of-way); said point also being the northwest corner of that certain 1.09 acre tract ofland described in deed to Camille Juraszek recorded in Volume 99100, Page 674 of the Deed Records of Dallas County, Texas; THENCE, South 01 degrees 18 minutes 00 seconds West, departing said south right-of-way line of Bethel Road, a distance of 183.30 feet to a 1Iz inch iron rod found for corner; said point being in the north line of a 18.918 acre tract ofland described in deed to KCO TXII Coppell Inv. Ltd recorded in Volume 2000246, Page 3694 of the Deed Records of Dallas County, Texas; THENCE, North 89 degrees 01 minutes 04 seconds West, a distance of520.4l feet to a "+" cut found on the top of curb in the east right-of-way line of Freeport Parkway (a 70 foot right-of-way at this point); THENCE, North 01 degrees 18 minutes 00 seconds East, along said east right-of-way line of Freeport Parkway, a distance of 183.30 feet to a 1Iz inch iron rod w/"PACHECO KOCH" cap set for corner; said point being at the intersection of the east right-of-way line of Freeport Parkway and the south right-of-way line of Bethel Road; THENCE, South 89 degrees 01 minutes 04 seconds East, departing said east right-of-way line of Freeport Parkway and along said south right-of-way line of Bethel Road, a distance of 520.41 feet to the POINT OF BEGINNING; CONTAINING, 95,390 square feet or 2.1898 acres ofland, more or less. 63859