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04/26/2012-CC-Agenda Packet-Special.u�gen zTEXAS AGENDA CITY COUNCIL SPECIAL CALLED PUBLIC HEARING THURSDAY, APRIL 26, 2012 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. REGULAR AGENDA 2. Conduct Public Hearing to Consider Designation of Sanger Reinvestment Zone No. 2. 3. Consider, Discuss and Possibly Act on Approving Ordinance #04-06-12 -Designating Sanger Reinvestment Zone No. 2 and Providing Eligibility of the Zone for Commercial - Industrial Tax Abatement. 4. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at al, ,tj es, and said notice was posted on the following date and time: ' at l0,' l� Q..m. and shall remain posted until MeVting is adjourge` . w Tami Taber, City Secretary City of Sanger, Texas T �' E7X AS '1i i n n n i l e\,\e� This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. ORDINANCE NO.04-0642 AN ORDINANCE OF THE CITY OF SANGER DESIGNATING SANGER REINVESTMENT ZONE NO. 2; 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 A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sanger, 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 Sanger, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS THAT: SECTION L The City Council of the City of Sanger, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention 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 "At the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit "A" attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name "Sanger Reinvestment No. 2" SECTION 3. The property within Sanger Reinvestment Zone No. 2 is eligible for commercial -industrial tax abatement effective on 2012. SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, 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 invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Sanger, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. This ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULY PASSED by the City Council of the City of Sanger, Texas, on the day of 2012. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/4-3-12/54864) li _WISM ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE REUBEN BEBEE SURVEY, ABSTRACT NUMBER 29 DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT DESCRIBED IN A DEED TO DONALD E. SABLE, RECORDED IN COUNTY CLERK'S FILE NUMBER 9&R0004996, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 38.886 ACRE TRACT DESCRIBED IN A DEED TO POSITIVE ACTION TOOL CO., INC., RECORDED IN VOLUME 1123, PAGE 460 DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SABLE TRACT, IN THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 35; THENCE SOUTH 88 DEGREES 31 MINUTES 23 SECONDS EAST WITH THE NORTH LINE OF SAID SABLE TRACT, A DISTANCE OF 1923.33 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID SABLE TRACT; THENCE SOUTH 03 DEGREES 04 MINUTES 32 SECONDS EAST WITH THE EAST LINE OF SAID SABEL TRACT AND THE EAST LINE OF SAID 38.886 ACRE TRACT, A DISTANCE OF 2554.12 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID 38.886 ACRE TRACT; THENCE NORTH 88 DEGREES 25 MINUTES 08 SECONDS WEST WITH A SOUTH LINE OF SAID 38.886 ACRE TRACT, A DISTANCE OF 1635,93 FEET TO A FOUND IRON PIN AT THE SOUTHERN MOST SOUTHWEST CORNER OF SAID 38.886 ACRE TRACT IN THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 35; THENCE NORTH 21 DEGREES 12 MINUTES 46 SECONDS WEST A DISTANCE OF 49.08 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 08 DEGREES 09 MINUTES 01 SECONDS EAST A DISTANCE OF 45.62 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 08 DEGREES 10 MINUTES 45 SECONDS WEST A DISTANCE OF 43.76 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 28 DEGREES 07 MINUTES 25 SECONDS WEST A DISTANCE OF 19.08 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 19 DEGREES 08 MINUTES 05 SECONDS WEST A DISTANCE OF 23.32 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 16 DEGREES 15 MINUTES 29 SECONDS EAST A DISTANCE OF 14.90 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 05 DEGREES 15 MINUTES 27 SECONDS EAST A DISTANCE OF 29.60 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 09 DEGREES 16 MINUTES 20 SECONDS EAST A DISTANCE OF 29.59 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 04 DEGREES 23 MINUTES 32 SECONDS WEST A DISTANCE OF 48.40 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 03 DEGREES 25 MINUTES 09 SECONDS WEST A DISTANCE OF 65.58 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 04 DEGREES 30 MINUTES 09 SECONDS EAST A DISTANCE OF 51.55 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 02 DEGREES 02 MINUTES 41 SECONDS EAST A DISTANCE OF 46.52 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 09 DEGREES 25 MINUTES 05 SECONDS EAST A DISTANCE OF 64.00 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 02 DEGREES 48 MINUTES 07 SECONDS EAST A DISTANCE OF 13.56 FEET TO A . FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 09 DEGREES 50 MINUTES 00 SECONDS EAST A DISTANCE OF 24.47 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 88 DEGREES 22 MINUTES 29 SECONDS WEST A DISTANCE OF 66.35 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 01 DEGREES 37 MINUTES 31 SECONDS EAST A DISTANCE OF 60.00 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE SOUTH 88 DEGREES 22 MINUTES 29 SECONDS EAST A DISTANCE OF 75.00 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; TM 19195.7.000 THENCE NORTH 09 DEGREES 50 MINUTES 00 SECONDS EAST A DISTANCE OF 21.73 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 12 DEGREES 26 MINUTES 47 SECONDS WEST A DISTANCE OF 90.97 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849", THENCE NORTH 25 DEGREES 03 MINUTES 19 SECONDS WEST A DISTANCE OF 135:46 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 11 DEGREES 57 MINUTES 04 SECONDS WEST A DISTANCE OF 129.89 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 03 DEGREES 40 MINUTES 13 SECONDS EAST A DISTANCE OF 33.76 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 12 DEGREES 27 MINUTES 09 SECONDS EAST A DISTANCE OF 37.29 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 05 DEGREES 58 MINUTES 43 SECONDS WEST A DISTANCE OF 43.79 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 88 DEGREES 22 MINUTES 29 SECONDS WEST A DISTANCE OF 142.23 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 01 DEGREES 41 MINUTES 36 SECONDS EAST WITH THE EAST LINE OF SAID SABLE BUSINESS PARK, A DISTANCE OF 17A 0 FEET TO A FOUND 1/2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" AT THE NORTHEAST CORNER OF SAID SABLE BUSINESS PARK AT THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 346.60 FEET, A CENTRAL ANGLE OF 85 DEGREES 23 MINUTES 16 SECONDS, AND A CHORD WHICH BEARS NORTH 00 DEGREES 07 MINUTES 23 SECONDS WEST, A DISTANCE OF 470.05 FEET; THENCE ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 516.54 FEET TO A RIGHT-OF-WAY POST FOR CORNER; THENCE SOUTH 88 DEGREES 18 MINUTES 15 SECONDS EAST,.A DISTANCE OF 220.85 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SANGER FACILITIES LTD., RECORDED IN CABINET Q, PAGE 35, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 10 DEGREES 49 MINUTES 11 SECONDS EAST WITH THE EAST LINE OF SAID SANGER FACILITIES LTD., A DISTANCE OF 393.31 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID SANGER FACILITIES LTD..; THENCE NORTH 88 DEGREES 18 MINUTES 15 SECONDS WEST WITH THE NORTH LINE OF SAID SANGER FACILITIES LTD., A DISTANCE OF 497.11 FEET TO A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SANGER FACILITIES LTD., IN THE EAST LINE OF SAID INTERSTATE 35; THENCE NORTH 09 DEGREES 30 MINUTES 44 SECONDS WEST, A DISTANCE OF 16.80 FEET TO A FOUND IRON PIN FOR CORNER; THENCE NORTH 01 DEGREES 41 MINUTES 45 SECONDS EAST, A DISTANCE OF 561.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 106,614 ACRES OF LAND, TM 19195.7.000 East Side of Interstate 35 at Belz Road