Loading...
HomeMy WebLinkAboutR2003-022RESOLUTION NO. ~O0~ '0~,~ A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE VI FOR FLOWERS FOODS BAKERIES GROUP, LLC; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has adopted by resolution a Tax Abatement Policy and criteria governing tax abatement agreements in accordance with Tex. Tax Code ch. 312; and, WHEREAS, thc City has received a tax abatement request from Flowers Foods Bakeries Group, LLC; and WHEREAS, the City finds that it is in the public interest to call a public heating to consider the creation of a reinvestment zone for tax abatement purposes for the purpose of offering a tax abatement to Flowers Foods Bakeries Group, LLC, in accordance with Tex. Tax Code 312.201; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby calls a public heating and the City Manager is hereby authorized to give notice of a public hearing for the establishment of a reinvestment zone Reinvestment Zone VI), comprised of the property located on approximately 91.921 acres at or near 4210 Edwards Road, within the corporate limits or extraterritorial jurisdiction of the City of Denton as more fully described in Exhibit "A" and as shown on the diagram as the area outlined in red in Exhibit "B," which exhibits are attached hereto and made a part hereof by reference (the Property") for the purpose of entering into a tax abatement agreement with Flowers Foods Bakeries Group, LLC for a project to be developed within the Property and this Reinvestment Zone and other eligible projects under the City's Tax Abatement Policy. At the hearing, the City Council will determine whether the improvements sought are feasible and practical and would be a benefit to the land to be included in the Reinvestment Zone and to the City after expiration of any tax abatement agreement entered into under Tex. Tax Code ch. 312. Notice of the public heating will be substantially in the form of the notice contained in Exhibit "A". The public hearing will take place on the 2na day of September, 2003, at 6:30 p.m. in the City Council Chambers at City Hall at 215 E. McKinney, Denton, Texas 76201, but not until at least seven days after notice of this public hearing has been published in the Denton Record-Chronicle, a newspaper having general circulation within the City, and specific notices are delivered in writing to the presiding officer of the Board of Trustees of the Denton Independent School District, the Commissioners Court of Denton County, and to other taxing units, if any, that include in their boundaries the real property described in the attached Exhibit "A" in accordance with Tex. Tax Code §312.201. SECTION 3. This resolution shall become effective immediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 19th day of August, 2003, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et. seq. PASSED AND APPROVED this the /~Tgg~' day of ~ff~"~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT "A" NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS ~-I~:REBY GIVEN THAT Tl~q~, CITY COUNCIL OF THE CITY OF DENTON, TEXAS, WILL HOLD A PUBLIC HEARING TO ALLOW INTERESTED PERSONS TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST THE ESTABLISHMENT OF A REINVESTMENT ZONE VI FOR COMMERCIAL/ INDUSTRIAL TAX ABATEMENT PURPOSES. THE PURPOSE OF THE ZONE IS TO ATTRACT THE FLOWERS FOODS BAKERIES GROUP, LLC AND SIMII,AR INDUSTRIAL AND COMMERCIAL BUSINESS ENTERPRISES TO THE CITY OF DENTON, CREATE JOBS, EXPAND Tgl~, LOCAL TAX BASE, AND TO ATTRACT MAJOR INVESTMENT IN THE ZONE THAT WOULD BE A BENEFIT TO THE PROPERTY AND THAT WOULD CONSTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE CITY. I'H E PURPOSE OF THl~ HEARING WILL BE TO DETERMINE WHETHER THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND INCLUDED IN THE ZONE AND TO THE CITY AFTER EXPIRATION OF ANY TAX ABATEMENT AGREEMENT ENTERED INTO UNDER CHAPTER 312 OF Tm~, TAX CODE. ALL INTERESTED PARTIES INCLUDING RESIDENTS OF TH E PROPOSED ZONE ARE ENCOURAGED TO PRESENT THEIB VIEWS AT THE HEARING. THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 2, 2003, AT 6:30 P.M. IN TI]F, CITY COUNCIL CHAMBERS AT CITY HALL, 215 E. McKINNEY. REINVESTMENT ZONE VI WILL BE COMPOSED OF APPROXIMATELY 91.921 ACRES OF LAND OUT OF G. WALKER SURVEY ABSTRACT NUMBER 1330, IN TH~; M.E.P. & P.R.1L CO. SURVEY ABSTRACT NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS, TH ~ REINVESTMENT ZONE AREA IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G. WALKER SURVEY ABSTRACT NUMBER 1330, IN THE M.E.P. & P.R.R. CO. SURVEY ABSTRACT NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 27.4367 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 790, DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 8.773 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 3.000 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 804 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 79.4992 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS, ALL OF THE 3.59 ACRES OF LAND DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED UNDER CLERKS FILE NUMBER 96-R0014833 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND PART OF ANDREW ADDITION PHASE ONE AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET B, PAGE 12 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND RAILROAD SPIKE AT THE NORTHEAST CORNER OF THE 27.4367 ACRE ANDREW TRACT IN EDWARDS ROAD; THENCE SOUTH 02 DEGREES 40 MINUTES 55 SECONDS WEST WITH THE EAST LINE OF THE 27.4367 ACRE ANDREW TRACT A DISTANCE OF 698.28 FEET TO A FOUND IRON PIN AT AN ANGLE POINT IN THE EAST LINE OF THE 27.4367 ACRE ANDREW TRACT; THENCE SOUTH 02 DEGREES 43 MINUTES 42 SECONDS WEST CONTINUING WITH THE EAST LINE OF THE 27.4367 ACRE ANDREW TRACT A DISTANCE OF 1249.03 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF THE 27.4367 ACRE ANDREW TRACT ON THE NORTH LINE OF THE 22.967 ACRE TRACT TO JULIE K. CLARK RECORDED UNDER CLERKS FILE NUMBER 95-R0000602 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 87 DEGREES 33 MINUTES 17 SECONDS WEST WITH THE SOUTH LINE OF THE 27.4367 ACRE ANDREW TRACT A DISTANCE OF 622.20 FEET TO A FOUND IRON PiN AT THE SOUTHWEST CORNER OF THE 27.4367 ACRE ANDREW TRACT, THE NORTHWEST CORNER OF THE 22.967 ACRE CLARK TRACT, THE NORTHEAST CORNER OF THE 3.59 ACRE ANDREW TRACT, AND THE EASTERN MOST SOUTHEAST CORNER OF ANDREW ADDITION; THENCE SOUTH 03 DEGREES 19 MINUTES 02 SECONDS WEST WITH THE EAST LINE OF THE 3.59 ACRE ANDREW TRACT AND THE WEST LINE OF THE 22.967 ACRE CLARK TRACT A DISTANCE OF 472.97 FEET TO A FENCE CORNER POST AT AN ANGLE POINT IN THE EAST LINE OF THE 3.59 ACRE ANDREW TRACT AND THE NORTHWEST CORNER OF THE CALLED 0.942 ACRE TRACT DESCRIBED IN THE DEED TO JULIE K. CLARK RECORDED UNDER CLERKS FILE NUMBER 99-R0000310 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 03 DEGREES 01 MINUTES 21 SECONDS WEST CONTINUING WITH THE EAST LINE OF THE 3.59 ACRE ANDREW TRACT AND THE WEST LINE OF THE 0.942 ACRE CLARK TRACT A DISTANCE OF 224.75 FEET TO A STEEL PIPE AT THE SOUTHEAST CORNER OF THE 3.59 ACRE ANDREW TRACT ON THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD; THENCE NORTH 87 DEGREES 56 MINUTES 40 SECONDS WEST WITH THE SOUTH LINE OF THE 3.59 ACRE ANDREW TRACT A DISTANCE OF 218.61 FEET TO A FENCE CORNER POST AT THE SOUTHWEST CORNER OF THE 3.59 ACRE ANDREW TRACT AND THE SOUTHEAST CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTY JOHN ROBERTSON RECORDED IN VOLUME 2423, PAGE 932 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 01 DEGREES 47 MINUTES 13 SECONDS EAST WITH THE WEST LINE OF THE 3.59 ANDREW TRACT AND THE EAST LINE OF THE ROBERTSON TRACT A DISTANCE OF 683.38 FEET TO AN IRON PIPE AT THE NORTHWEST CORNER OF THE 3.59 ACRE ANDREW TRACT AND THE NORTHEAST CORNER OF THE CALLED 3.980 ACRE TRACT TO KENNETH D. OWEN RECORDED IN VOLUME 763, PAGE 137 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS ON A SOUTH LINE OF ANDREW ADDITION; THENCE NORTH 87 DEGREES 39 MINUTES 54 SECONDS WEST WITH A SOUTH LINE OF ANDREW ADDITION AND THE NORTH LINE OF THE OWEN TRACT A DISTANCE OF 363.71 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER OF ANDREW ADDITION; THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST WITH AN EAST LINE OF ANDREW ADDITION AND THE WEST LINE OF THE OWEN TRACT A DISTANCE OF 397.16 FEET TO A FOUND IRON PIN; THENCE SOUTH 39 DEGREES 11 MINUTES 57 SECONDS EAST WITH AN EAST LINE OF ANDREW ADDITION AND THE SOUTH LINE OF THE OWEN TRACT A DISTANCE OF 382.68 FEET TO A FOUND IRON PIN AT THE SOUTHERN MOST SOUTHEAST CORNER OF ANDREW ADDITION AND THE SOUTHERN MOST SOUTHWEST CORNER OF THE OWEN TRACT ON THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD; THENCE NORTH 87 DEGREES 46 MINUTES 12 SECONDS WEST WITH A SOUTH LINE OF ANDREW ADDITION AND THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD A DISTANCE OF 26.57 FEET TO A FOUND IRON PIN AT THE SOUTHERN MOST SOUTHWEST CORNER OF ANDREW ADDITION ON THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD; THENCE NORTH 39 DEGREES 14 MINUTES 16 SECONDS WEST WITH A WEST LINE OF ANDREW ADDITION A DISTANCE OF 412.02 FEET TO A FOUND IRON PIN AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD ALONG SAID CURVE HAVING A DELTA OF 26 DEGREES 11 MINUTES 57 SECONDS, A RADIUS OF 2814.79 FEET, AN ARC LENGTH OF 1287.10 FEET (CHORD OF NORTH 26 DEGREES 10 MINUTES 09 SECONDS WEST A DISTANCE OF 1275.92 FEET) TO A FOUND IRON PIN; THENCE NORTH 13 DEGREES 00 MINUTES 38 SECONDS WEST CONTINUING WITH THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD AND THE WEST LINE OF ANDREW ADDITION A DISTANCE OF 1221.59 FEET TO A FOUND IRON PIN AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE CONTINUING WITH THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD ALONG SAID CURVE HAVING A DELTA OF 09 DEGREES 53 MINUTES 43 SECONDS, A RADIUS OF 1959.24 FEET, AN ARC LENGTH OF 338.37 FEET (CHORD OF NORTH 17 DEGREES 58 MINUTES 31 SECONDS WEST A DISTANCE OF 337.99 FEET) TO A SET IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" ON THE SOUTH RIGHT-OF-WAY LINE OF MAYHILL ROAD AS DESCRIBED IN THE STREET RIGHT-OF-WAY DEED TO THE CITY OF DENTON RECORDED IN VOLUME 4936, PAGE 1841 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE SOUTH RIGHT-OF-WAY LINE OF MAYHILL ROAD ALONG SAID CURVE HAVING A DELTA OF 01 DEGREES 17 MINUTES 13 SECONDS, A RADIUS OF 540.00 FEET, AN ARC LENGTH OF 12.13 FEET CHORD OF NORTH 66 DEGREES 07 MINUTES 51 SECONDS EAST A DISTANCE OF 12.13 FEET) TO A SET "X" IN CONCRETE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF MAYHILL ROAD AND THE WEST RIGHT-OF-WAY LINE OF EDWARDS ROAD AS DESCRIBED IN THE STREET RIGHT-OF-WAY DEED TO THE CITY OF DENTON RECORDED IN VOLUME 4936, PAGE 1841 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 27 DEGREES 41 MINUTES 50 SECONDS EAST WITH THE WEST RIGHT-OF-WAY LINE OF EDWARDS ROAD A DISTANCE OF 147.27 FEET TO A SET IRON PIN WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849" AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE CONTINUING WITH THE WEST RIGHT-OF-WAY LINE OF EDWARDS ROAD ALONG SAID CURVE HAVING A DELTA OF 59 DEGREES 01 MINUTES 36 SECONDS, A RADIUS OF 330.00 FEET, AN ARC LENGTH OF 339.97 FEET (CHORD OF SOUTH 57 DEGREES 12 MINUTES 38 SECONDS EAST A DISTANCE OF 325.13 FEET) TO A SET IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD A DISTANCE OF 1797.84 FEET TO A FOUND IRON PIN; THENCE NORTH 03 DEGREES 30 MINUTES 26 SECONDS EAST A DISTANCE OF 35.49 FEET TO A FOUND RAILROAD SPIKE IN EDWARDS ROAD ON THE NORTH LINE OF THE 27.4367 ACRE ANDREW TRACT; THENCE SOUTH 88 DEGREES 03 MINUTES 58 SECONDS EAST WITH THE NORTH LINE OF THE 27.4367 ACRE ANDREW TRACT A DISTANCE OF 172.15 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 91.921 ACRES OF LAND. EXHIBIT "B"