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HomeMy WebLinkAboutR2012-031s:llegal\our documentsUesolutions\121reimbursement by tif district for county property.doc RESOLUTION NO. �012-031 A RESOLUTION EXPRESSING THE 1NTENT OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO SEEK REIMBURSEMENT FOR THE PURCHASE PRICE AND ANY REMEDIATION COSTS UNDER CERTAIN CIRCUMSTANCES FOR THE PROPERTY ACQUIRED PURSUANT TO ORDINANCE NO. 2012-187, CONSISTING OF A 2.0 ACRE TRACT, MORE OR LESS, AND LOCATED 1N THE HIRAM SISCO SURVEY, ABSTRACT NO. 1184, DENTON COUNTY, TEXAS, AND LOCATED GENERALLY AT THE SOUTHEAST CORNER OF THE 1NTERSECTION OF EAST MCKINNEY STREET AND OAKLAND STREET, AS MORE PARTICULARLY DESCRIBED THEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton acquired the 2.0 acre tract referenced above for a purchase price of seven hundred seventy-nine thousand eight hundred ninety-five and no/100 dollars ($779,895.00) pursuant to action of the Denton City Council on August 21, 2012 in approving Ordinance No. 2012-187; and WHEREAS, the City of Denton may bear costs associated with environtnental remediation of the referenced property; and WHEREAS, the City Council is of the opinion that it is in the public interest for the TIF District to reimburse the City for the costs of acquisition of the property and environmental remediation should the property be used as an incentive project for the Downtown TIF District; and; WHEREAS, The City Council is further of the opinion that, should the referenced property be sold to be used for non-governmental purposes, that the City should be reimbursed for acquisition and remediation costs; NOW THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Should the referenced property be used as an incentive project for the Downtown TIF, it is consistent with the City's interest and the purposes stated in the creation of the Downtown TIF District, for the District to bear the acquisition and remediation costs associated with the purchase of the property, not to exceed one million dollars ($1,000,000.00) Therefore, should the property be used as an incentive project for the Downtown TIF District, the City of Denton shall seelc reimbursement from the Downtown TIF District for said costs. SECTION 2. The City Manager is directed to seek reimbursement from the Downtown TIF District under the terms of this Resolution and shall insure any reimbursed funds are restored to the fund from which the acquisition costs for the property were paid. Further, in the event the property is sold to a purchaser for non-governmental use purposes, the City Manager shall insure the fund from which the original purchase was made shall be reimbursed in the amounts above referenced. s:llegallour documentslresolutions\121reimbursement by tif district for county property.doc SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of ��i , 2012. � ) % � / ^ i .�. M RK . B O MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: , APPRO D AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � Page 2