Resolution

RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA,
ARIZONA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH MGC PURE
CHEMICALS AMERICA, INC. PRIMARILY TO DEFER CERTAIN
ROADWAY IMPROVEMENTS ON THE NORTH SIDE OF PECOS ROAD,
WEST OF MOUNTAIN ROAD, RELATED TO AN EXPANSION OF MGC
PURE CHEMICALS AMERICA, INC.’S MANUFACTURING FACILITY
LOCATED ON THE REAL PROPERTY AT THE NORTHWEST CORNER OF
PECOS ROAD AND MOUNTAIN ROAD.
Whereas, MGC Pure Chemicals America, Inc. (“Owner”) owns the real property in Mesa, Arizona
generally located at the northwest corner of East Pecos Road and South Mountain Road consisting
of approximately twenty-six (26) acres, as legally described in Exhibit A to the Development
Agreement (the “Property”).
Whereas, Owner is developing an expansion to its existing manufacturing facility on a portion of
the Property pursuant to City of Mesa construction permit PMT25-02731 (the “Project”).
Whereas, in connection with the Project, Owner is required, pursuant to Mesa City Code Title 9,
Chapter 8, to design, install, and construct public off-site infrastructure improvements (e.g., water,
wastewater, drainage, and roadway improvements) (the “Public Infrastructure Improvements”).
The Public Infrastructure Improvements include the roadway improvements on East Pecos Road,
a four-lane arterial, as described and at the locations depicted on Exhibit B to the Development
Agreement, including curbs, gutters, sidewalks, streetlights, and related improvements (the “Pecos
Road Improvements”).
Whereas, Mesa City Code Section 9-8-4 allows the City Manager to reduce, defer, or approve
alternatives to the Public Infrastructure Improvements based on an individualized finding that there
are special conditions involving topography, land ownership, adjacent development, parcel
configuration, or other relevant factors, and that the Public Infrastructure Improvements will
substantially impair the ability for development due to such special conditions.
Whereas, the City Manager has found that there are special conditions associated with the
Property, including an extension of a spur rail line to connect to the proposed Union Pacific
Railroad Company track, which will include a crossing through the portion of East Pecos Road on
which Owner is required to install the Pecos Road Improvements. The City Manager has further
found that requiring Owner to complete the Pecos Road Improvements will substantially impair
the ability of Owner to develop the Project on the Property due to the special conditions.
Whereas, the City believes the development of the Project on the Property will result in significant
planning and economic benefits to City and its residents by ensuring the Property is developed as
an integral part of the City; providing for orderly, compatible, and quality growth in the area; and
increasing tax and other revenues to City based on improvements to be constructed on the Property.
Whereas, A.R.S. § 9-500.05 authorizes the City to enter into a development agreement relating to
the development of real property in the City.
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Whereas, under the authority granted by Mesa City Code Section 9-8-4(D)(2), the City desires to
enter into a development agreement with Owner for, among other reasons, the purpose of setting
forth the terms and conditions under which Owner’s obligation to design, install, and construct the
Pecos Road Improvements is temporarily deferred (the “Development Agreement”).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA:
Section 1: The City Council approves the Development Agreement as described in this Resolution
and presented to the City Council. The City Manager or designee is authorized, on behalf of the
City of Mesa, to execute the Development Agreement and any amendments, modifications,
renewals, or extensions of the Development Agreement as necessary to carry out the intent of the
Development Agreement or to facilitate the development of the Project on the Property, provided
they do not materially alter the terms or purpose of the Development Agreement as presented to the
City Council.
Passed and adopted by the City Council of the City of Mesa on October 26, 2026.
______________________________
Mark Freeman, Mayor
Attest:
_____________________________
Holly Moseley, City Clerk
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