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1998T2-TAX ABATEMENT ORDINANCE NO. f J-. / -;L AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH INTERPLASTIC CORPORATION, AND A REPEALING PROVISION. WHEREAS, Section 312 of the Texas Property Tax Code allows municipalities to abate ad valorem taxes under specific Guidelines and Criteria, and the City of Schertz has adopted specific Guidelines and Criteria under these provisions; and WHEREAS, the City Council finds that the application for abatement of ad valorem taxes by Interplastic Corportation meets those Guidelines and Criteria, and further finds the terms of the tax abatement agreement listed at Exhibit 1 are acceptable; and WHEREAS, the property owned by Interplastic Corporation is described as Lot 27, Block 5, (1.488 acres) in Tri-County Business and Industrial Park Unit 3, as recorded in Volume 5, page 370A on 22 August, 1997, in the plat records of Guadalupe County, and is within a Texas Enterprise Zone as approved by the Texas Department of Commerce 11 April, 1995. WHEREAS, the terms of the tax abatement agreement will cause no substantial long term adverse effect on the provision of the City's services or tax base, and the planned use of the property will not constitute a hazard to public safety, health or morals; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, the request for abatement of ad valorem taxes by the Interplastic Corporation is approved. The approved rate is as follows: 90% for Year 1; 60% for Year 2; 36.5% for Year 3, and none thereafter. The term for the tax abatement begins 1 January, 1999. Taxes shall be abated on capital improvements only. THAT, agreement, Corporation. the City Manager is authorized to enter into an shown as Exhibit 1, with the Interplastic THAT, City of Schertz Ordinance 97-T-22 is repealed in its entirety. Approved on first reading the 16th PASSED, APPROVED AND ~~ ' 1991. ADOPTED day of December, 1997. this the {,rll day of ATTEST: exas ~ aL~~ City Secretary, City of Schertz (SEAL OF CITY) Exhibit 1 Tax Abatement Agreement 1. Parties. This agreement, is made and entered into by and City of Schertz, Texas (hereinafter called the Interplastic Distribution Group Incorporated, called the "Company"). between the "City"), and (hereinafter 2. Authorization and Findings. a. This agreement is entered into pursuant to: (1) Section 312 of the Texas Property Tax Code. (2) City of Schertz Ordinance 97-T-4, which establishes the City of Schertz Guidelines and Criteria for Tax Abatement and Reinvestment Zones (hereinafter referred to as the "Guidelines and Criteria"). (3) City of Schertz Ordinance which approves this tax abatement authorizes the execution hereof. 9~ - T - d-. and agreement and the meet finds b. The City, by approval of this agreement, hereby finds terms of this agreement and the property subject to it, to the "Guidelines and Criteria" as adopted, and further there will be: (1) no substantia 1 long-term adverse affect on the provision of City services or tax base; and (2) no hazard to public safety, health, or morals as the result of the planned use of the property. 3. Property a. The real property is described as Lot 27, Block 5, Unit 3, (1.488 acres), in the Tri-County Business and Industrial Park, recorded in Volume 5, pages 370A Plat Records of Guadalupe County, Texas (hereinafter called the "Property"). b. Abatements approved will be based on the value of improvements set out on the real property roll of the Guadalupe County Appraisal District for the Property. c. The tax account of the Property is IG-3325-3005-02-000. -1- d. A general description of the improvements to be made by the Company is set out in the basic abatement application. 4. Company Representations and Estimates. a. The Company represents they are the owners in fee simple of the Property. The Property is located within the City of Schertz, Tri-County Business and Industrial Park, and within Guadalupe County, Texas. b. The Company represents that the use of the Property is to be as fol1ows: Warehousing and distribution of resins and related products. c. The Company estimates it will make capital improvements ("Improvements") to the Property which will cost approximately $600,000.00. d. The Company represents that a m~n~mum of seven (7) new jobs wil1 be created in the City of Schertz in connection with the operation of the Company on the Property, and it will have an annual payroll in the approximate amount of $350.000.00 in facilities located in Schertz, Texas. e. The Company represents that no interest in the Property is presently held by or leased by and covenants that it shall not sell or lease any interest in the Property to, a member of the City Council of the City, the Planning and Zoning Commission of the City, the Economic Development Department, or any other City officer or employee as long as this agreement is in effect. 5. Terms of the Agreement. This Agreement is conditioned on the Company following improvements to the Property (hereinafter as the "Improvements") and fulfilling the following making the referred to covenants: a. Construction of an approximately 15,000 sq ft building, including office spaces. The Company represents that the Improvement to the Property will cost approximately $600,000.00 and will be completed during the term of the abatement. b. The Company covenants and agrees that a minimum of seven (7) new permanent positions will be created in the City of Schertz with the operations of the Company on the Property within one year of the Commencement Date (defined below) of the tax abatement. Any permanent jobs created after the date of execution of this Agreement shall be considered a new permanent position for purposes of this Agreement. -2- c. The location of the Improvements is more described in a preliminary site plan approved by Schertz Planning and Zoning Commission. particularly the City of d. The Company covenants and agrees that all Improvements shall at all times comply with all applicable City building codes and ordinances, including, but not limited to, flood, subdivision, building, electrical, plumbing, fire and life safety codes and ordinances, as amended. Further, the Company covenants to maintain the Improvements in compliance with all such building codes and ordinances, and in a neat attractive condition with the landscaped area described in the site plan to be approved by the Planning and Zoning Commission of the City. e. Property assessed The Company agrees to pay all ad valorem taxes and on personal property in a timely manner, by the City or any other tax jurisdiction. on the whether f. The Company agrees to furnish the Chief Tax Appraiser of Guadalupe County with information outlined in Chapter 22, V.A.T.S. Tax Code, as amended, as may be necessary for tax abatement and for appraisal purposes. g. The Company agrees to al10w inspection of the Property by the City Manager, or a designee. Such inspection shall be to determine if the terms and conditions of the Agreement are being met and for the purpose of assuring compliance with applicable City Codes and ordinances. Inspections will be made only after giving a minimum of 24 hours notice and will be conducted in such a manner as to not unreasonably interfere with the operation of the Property. h. The Company agrees that the Company payroll for permanent employees in the City at the Property will be approximately $350,000.00 throughout the term of the tax abatement. i. The Company agrees annually to certify in writing its compliance with the terms of this Agreement, which certification shall be filed by January 15 of each year during the Term of the Abatement and by January 15 of the year following the Term of the Abatement. 6. Terms for the Tax Abatement. a. Provided that the Company complies with its obligations under Section 5 of this Agreement throughout the period of the abatement, taxes on Capital Improvments only shall be abated as follows: 90% Year 1; 60% Year 2; 36.5% Year 3, and none thereafter. -3- b. property Property. No abatement of taxes shal1 be granted as to personal of the Company installed or maintained within the c. The abatement shall be for a three year period (the "Term of this Agreement") commencing on January 1, 1999 (the "Commencement Date"), and expiring on the 31 December, 2001 (3rd) anniversary of the Commencement Date. Additionally, during the Term of this Agreement, the City agrees not to impose any other taxes or assessments that are intended to be in lieu of ad valorem taxes on the Company, the Property or the improvements. d. The Company shall pay all ad valorem taxes due on the assessed value of the Property prior to the beginning of the tax abatement. e. The Company shall have the right to protest and contest any or all appraisals or reassessments of the Property, or the Improvements, and the tax abatement provided for herein for such property shall be applied to the amount of taxes finally determined, as a result of such protest or contest, to be due for such property. 7. Default/Recapture. a. If the Company refuses or neglects to comply with any of the terms of this agreement or, if any representation made by the Company in the Application for Tax Abatement (or this agreement) is false or misleading in any material respect and such refusal or default is not cured within sixty (60) days after notice, this Agreement may be terminated by the City. b. In the event the Company allows ad valorem taxes on the Property to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, this agreement may be terminated by the City. c. In the event the City determines the Company to be in default of this Agreement, the City will notify the Company in writing at the address stated in Section 8 of this agreement, and if the defaults specified with reasonable particularity in such notice are not cured within sixty days from the date of such notice, then this Agreement may be terminated upon written notice to the Company. If this agreement is terminated by the City, taxes without abatement wil1 be due for the year in which termination occurred and shall accrue without abatement for all tax years thereafter. However, there shall be no recapture of prior years' taxes abated by virtue of this Agreement. -4- d. If during the Abatement Period the Company should discontinue all operations in Schertz, Texas, then the City shall by Ordinance adopted by the City Council have the right to (i) recapture 100% of the taxes abated in prior years and the year in which such discontinuance occurs; and (ii) terminate this agreement. e. A total bill for any amounts due under Section 7c. or Section 7d. hereof will be sent to the Company and the Company agrees to pay the total amount within sixty days after receipt. Penalty and interest will not begin to accrue until the company has failed to pay any of the amount placed back on the tax roll within sixty days after receipt of the bill, unless arrangements satisfactory to the City and the Guadalupe County Tax Assessor/Collector have been made. 8. Notice. All notices shall be in writing, addressed to the Company or the City at the following addresses. If mailed, any notice or communication shall be deemed to be received three days after the date of deposit in the United States Mail, certified mail, return receipt requested, postage prepaid and properly packaged for delivery. Unless otherwise provided in this agreement, all notices shall be delivered to the fol1owing address: To the Company: If mailed: Interplastic Distribution Group Attn: Ervin E. Nothnagal 10856 Vandale San Antonio, Texas 78216 If delivered: Interplastic Distribution Group Attn: Customer Service Manager xxxxxx Schertz, Texas 78154 With copy to: Mark J. Brost, Vice President Interplastic Corportation 1225 Willow Lake Blvd St. Paul, Minnesota 55100-5145 -5- To the City: If mailed or personally delivered: City of Schertz Attn: City Manager P.O. Drawer I Schertz, Texas 78154 9. Agreement Approved by City Council. The City represents that this Agreement has been approved by affirmative vote of a majority of the members of the Schertz City Council at a regularly scheduled meeting. 10. Assignment. This agreement may be assignable to a new owner only with prior City Council approval as reflected in a duly adopted City Ordinance. 11. General Provisions. This agreement is entered into subject to the rights of the holders of outstanding bonds of the City. If the holders of outstanding bonds of the City exercise any of their rights so as to diminish the effects or benefits of this Agreement, the City agrees to work with the Company toward establishing an alternative agreement with terms similar to this Agreement and considering any bondholders' rights. 12. Severability. In the event any section, subsection, paragraph, subparagraph, sentence, phrase or word herein is held invalid, illegal, or unenforceable, the balance of the Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase or word. In such event there shal1 be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. 13. Estoppel Certificate. Either party hereto may request an estoppel certificate from another party hereto so 10ng as the certificate is requested in connection with a bona fide business purpose. The certificate, -6- which if requested, will be addressed to a subsequent purchaser or assignee of the Company, shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default, if such is the case, the remaining term of this Agreement, the levels of tax abatement in effect, and such other matters reasonably requested by the party(ies) to receive the certificate. 14. Applicable Law. This Agreement shall be construed under laws of the State of Texas and is performable in Guadalupe County, Texas. 15. Binding on Successors and Assigns. This agreement will be binding on the parties hereto and their permitted assigns. and inure to the benefit respective successors of and 16. Date. This agreement has been executed originals, ~having full force day of f1,A" 1997. by the parties in multiple and effect on this the S l".;f Interp1astic Distribution Group I)lcorpor CITY OF SCHER Z ~ swec:fi- City Manager By: ATTEST: ~"-#.--' tl!d"-<. L...:l..k~ I Norma Althouse City Secretary Seal of the City State of Texas: County ofi!i.Lt1dd~ -7- This instrument was acknowledged before me on DP~PMbe~ ~\, 1991-, by Mark J. Brost, of Interplastic Distribution Group Incorporated, a Minnesota corporation, on behalf of said corporation. (SEAL) IVAN M. LEVY N01A1't' ftIIUC . MlNNOOT A. MY COMMISSION EXPIRES JANUARY 31, 2000 ~~ 1/v. ~ Notary Public in and r the State of Minnesota, County of Ramsey JvQ.^ jIo\. kvv (Printed Name~f Notary) My commission expires: '-~I-oo THE STATE OF TEXAS( COUNTY OF GUADALUPE( ss. This instrument /l! /fA!<! II l,y the City of formed under municipality. was acknowledged before me on , 1991, by Kerry R. Sweatt, City Manager of Schertz, Texas, a municipality and body politic the laws of the State of Texas, on behalf of said (SEAL) ~~">()'~:X>-::~<'X'.C"~~~'3. ,;' /~. ,> :,L.Y~-'< \ NORMMUHOUSE c; ,,'i I ---'1L.7 \.\ 'IT" :'.:~'.'i 'iJ'<:'~ I-II Nota~P~hlic,Stateo, oxc':; j .:' \, '-',', ) j MyCQmmISSlCilEx~lrB,N0v.9,199C .,) '. '''=~J " ~,' '"\,I;jll~- ~ ~'>'0~;;,(.>OOO ~~ tl~.L4-<'J Notary Public in and for the State of Texas /v;,,em/! ilL TtlousE:.. (Printed Name of Notary) My commission expires:ft0v'. 1, /19'1' -8- t: 7<1 ~ ~Ydf~ ~. vr/~3/~r ~~ ts 14~~".t.:1':l i.~ :""r,rd~~YJ:h -.. THE STATE OF T eN\S, Ccur.t; of Guacelur;e Eefcre r7:e, tr,e ur:c2:~it;rLec 2uthcri~/, on ttiis c2te personally 2~~~2.red I L. A. R:'::!NCLDS kno'un "';...,.., r--i.... ;...., ~~ ,....;, 'I" ", .-- ...... r;~ r~j.:"" c'~rc<~s -.-c~ <:::--'1':; -\.h_~ .....,... '1<::: n.,,... ,\....:...... ';;... CI'--" ~ tc :;-,2, 11'1,......, .....C.l,~~.' 11,e; '~:......' 511CI,;, C:11 I....; ,-,C.~.I G:--.....c Cd .....c.:.... U.c.. IIC .... lL~r....../:;r:ISII,S;II::;c:..cr or c: - G-~--- -r"--~- '.~.... .... --'J ......._"'~......, ,;...,.c:...,..-,-' 'In c.....iC. C-.,.....~./. ;.:..._~ - C'" ,...: .....,.. , ...;...,;.......... '': .- ll-,E ........c.;:...:;;: -c-::...::;~.::;--::.;L:;::_r;":::'C:r c:.,.:;,/S~c:.:-:;: r--\.,.;~lj.....ljc;....I l....c:.. ....-"~..1 ,Jlc:..c, \Jr;:/""1 LiIC NlulIll C.na ICrC- c;CIr.C; '11'""" :".U 2 4i-~::: r;:.:-r::. ,,~'" ...-..~,~ '.... ..................,...;..~ r-: l.l.._.... .....'-..... '""' ll.:: ~:::~_.., eel nC~I.c::..'-" L.llE.c:r. -- ~ur;'lc:"'-.""; .... '-'" ...-.....r'"'r ','Ie.::.:-, .....1.....1 ,e.... ';, Sc.:'_ . LS'N::::.:-c.:-,c. <:",-;'" ....L.'-'., AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ. TEXAS AP- PROVING A T1X ABA TE- ME NT AND A TAX ABATE~T fAG~- MENT FOR AND WITH INTERPLASTIC CORPO. RA nON, AND A REPEAL- 1NG PROVISION. Approved on first reading the 16th day of December, 1997. Norma Althouse, ~i!y _~~~r~~ary. ,'". ,. ....1.. ~L;::IIC2.!:'=r:S :~:~.~ C~ ~:-:S iC: CW;:-:; C2.~~S: FEBRUARY 1, 1998 FEBRUARY 5, 1998 -r." - nEl C:::~'-r"''''''' ,...,......., .- \ .. ;., 'c::: ' -..-.;.~ ............ ~ r c::. 1...... Co I N....~c.':""e; ..........:--/ cr NnlC'1 1.... nt::::::..1.,.; c~.;;:.c.le.....~ ( ~..' ./ ~// ( ..... ...:..<)..~ . ". ::::- AN OR BY THE C OF THE', CITY OF SCHERTZ,'TEXAS AP. PROVING ATAX ABATE- MENT AND A TAX ABATEMENt AGREE- MENT FOR' AND WITH INTERPLASnC CORPO- RATION, AND A REPEAL- ING PROVISION. Approved on first reading the 16th day of December, 1997. Nonna Althouse, City Secretary. SINcm to 2nC SLltS':;-:2EC CETera ~e, L~js 6 cay cf FEBRUARY AD.,19 98 ~~ . ~'-'''''''''' f-....~l'<y_PUS'.111 -0 ,...,.. ('I ! '... ^. ,.:0 >. . ,. SARAH MEDRANO .. ,~*: Ro::I~>'" '.} N-n'Ptd::.StlteofTmras - ~ " :: ""'"J I" " .. , . ; MyComm;ssiooExpiresO]-22.2001 \,r.....,-......, .. ....'o~ I\l<~,~~...:;:;.f Net;;r,! Putiie, GLJ;;c;;/u;;e CCLJnty, TeX3S ,:~f;i~:~' ., ~":,~: ~;;~~'}>~"7;-),<.~\~,,-Ua~~;'I'l~r-:a~~.r.~r~~~~~~~~~i ""',' , ,7?f~~~~.;:~~ ,,'~il:,,-' ,.'1"""'l1?'" ~-;~_~1\;.h~'~"': '....',' I . ~ .. . . '-'~j~~;;". Eefcr=; ~- I..C, tt-,e Ur.C=:3;Cr:eS 2utr,cr:t/ en t!-,is tete cerscn2J1v c.cc:;~rEd . ' , ~. . J~~ rJ;uL fF/ -( /)- / ~~~ODV THE STATE OF T eXAS, Ccur.:-; of Gcac21L;r,;e L. A. ?:::"!,iOL!JS kr.cwn tc r;-:s, ",...... u"-",, ~r-_',.C-,C ~',' ",""" .....;,,11, c::''''''~ r'" ;..:-:: r;::'~ c;:::.rcc;=.c:: - - -... ~.......: -~/'~"" ~"j"... ~'-~, ~:- ---- -"d c::;::"-:: ~::-.. '..."" ic H.,.... ~,.:, -.....;...:....C r_,,'., ~::7;:r 0',' c.. I ~_,'_ ",c..I,e I.... Ulc,.'...I,:;:~.;:II..... __,"-' -- C ~'''- r:-~ - - -r-- ... --', -"'-,-"'~ .....,:~,..,""':...""'~ :,n c:-iC' r-"--/' .:......7... .......r\I....,;;.~.-1 .:;.;...,.,.... -rc'.C ll'c; '-..t:-'__:li ''';C-;..=~_=-=:-l~::;::-.;,::;cr c,,::;l::.~c.~-=: jwl.....,;.... ::;lIC.... j ....c:.. ........_.'".1 dlc:.~C.l..,-,~. '...., l...IC Nludll c..,,; rc- c;cir,-;: .:;'.: ','/"C.S ~Gt:iis;-,E': ';-: SE.iC ....,:;I,./S;:2;:e; 2 tL~=s cEf:r2 tr-:S r::::..:~ Cc..y i:2rT:E': ~hE:2~r. FEBRUARY 1, 1998 ORDINANCE NO. T-2 BY THE CITY CO CIL OF THE CITY i OF SCHERTZ, TEXAS" AP. PROVING A TAX ABlITE. MENT AND A TAX ABATEMENT AGREE. MENT FOR AND WITH INTERPLASTIC CORPO. RATION, AND A REPEAL. ING PROVISION, PASSED, APPROVED AND ADOPTED the 6th day of January, 1996, Norma Althouse, City Secretary. ORDINANCi;- NO. 98- T.2 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Ap. PROVING A TAX ABATE- MENT AND A TAX ABATEMENT AGREE. MENT FOR AND WITH INTERPLASTIC CORPO- RATION, AND A REPEAL. ING PROVISION, PASSED, APPROVED AND ADO TED the 6th day of Jan ry, 1998. Norma Alth S9, City Secret <::.pr..... _l....-....I :::~::jc:::~:cr.S ':~:~C ::r. ~~E fci!c.'",:,~,c: C:2.:=S: , - - FEBRUARY 5, 1998 ....r.d ..... n""" c::~...........~ ........\ ,.;,., ""' 'c:::: :..-_.....;.;'1 ....;..o....c:..er Co. c.. IC'N,-~c.:--':::': C....:--/ Cl NnIC.1 1_ I.C::=~l".; c.~~'::' .1 ...... ,~ SWcnn tc -n-' <' +<O-..;"c,.; ce:"'r- '""" ~~,~ Co 1L..;. ....l.._........................ IU ell".., ..11.... 8 cay cf FI1 ~ ~ 11 ^ "V AD., 19 98. f;~~~~~"~~~;~;I,' !' . t\; "'\" SARAH MEDRANO i, ''r: (- ; i No"" ""'"' SIal"""", 'I, V':;" ; My Commissioo Expims07.22-2O)1 IIII;~'~;;:;~~~~~:.~:'/ ~~ Nct3rj Puti:c, GU3C;:;/q:e C.::.:nty, Te:c:is