1996T11-AGREEMENT WITH DSI DISTRIBUTING
ORDINANCE NO. fib -1-1/
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT
AND A TAX ABATEMENT AGREEMENT FOR AND WITH
DSI DISTRIBUTING, A PROPERTY OWNER IN THE
CITY OF SCHERTZ.
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 DSI Distributing 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 DSI Distributing,
described as 2.314 acres on Corridor Parkway; Lot 23, Block
5, Unit 3, Tri-County Business and Industrial Park located in
the City of Schertz; and is within an Texas Enterprise Zone
approved by the Texas Department of Commerce on 11 April,
1995, and;
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
DSI Distributing is approved. The approved rate is
period of two (2) years, and 80% for a period of one
for a total term of three (3) years, beginning 1
1997. Taxes shall be abated on capital improvements
taxes by
90% for a
(1) year,
January,
only.
THAT, the City Manager is authorized to enter into an
agreement, shown as Exhibit 1, with DSI Distributing..
Approved on first reading the 16th day of April, 1996.
PASSED, APPROVED AND
'--?7}/l-;t' , 1996.
ADOPTED
thO
the 1t:I- day
of
Mayor, City of Schertz, Texas
ATTEST:
~ t2u~~4.U
City Secretary, City of Schertz
(SEAL OF CITY)
5 April, 1996
To:
Mayor and City Council
Subject:
Tax Abatement
! \. ,
r, ('i~---
L_~
- DSI Distributing
From:
Kerry R. Sweatt, City Manager
Attached is the documentation on a request
from DSI Distributing. The request has been
and presented to the Economic Development
Economic Development Commission met on 28
review the request and make recommendations.
for tax abatement
reviewed by staff
Commission. The
March, 1996, to
They have unanimously recommended approval of this application.
The Commission also considered and recommends a variance to the
term and abatement percentage if the company so desires. A 3/4
vote by the Council is required to approve such a variance.
Included in the documentation are: The application by DSI
Distributing; a staff evaluation on the merits of the
application, and financial impact overview; a draft ordinance
approving the abatement and agreement.
We are still in the process of perfecting the agreement and
hope to have it completed by the workshop session. A
representative from DSI Distributing will attend this meeting
to answer any questions you may have.
l!lIffI! DISTRIBUTING
/'
February 29, 1996
Mr. Mark Marquez
Director of Management Services
Economic Development Coordinator
1400 Schertz Parkway
P.o. Drawer 1
Schertz, TX 78154
Dear Mark:
DSI Distributing is a wholesale consumer electronics distributor.
Our primary product lines are RCA Digital Satellite Systems, Toshiba
and RCA Consumer Electronics. JVC and Bose Sound Systems. We are
also a warehouse distributor for Warn Industries. Warn manufacturers
electric (12V) winches for off-road and recreational vehicles.
I have purchased land in the Tri-County Business Park and will be
constructing a new facility for my business.
I would like to request tax abatements under City Ordinance No. 94-T-33
as follows:
STANDARD TAX ABATEMENT
% OF ABATEMENT
Overall Capital Improvements
of $650,000
1st $75,000 of
capital improvements
10.0%
Each $50,000 of approved
capital improvements
11. 5%
OPTIONAL ABATEMENT ADDITIVES
Jobs (1995 Payroll $475,000)
(J 0)
19.0%
Other Revenues - 1995 Sales Tax 9.150 . 7.75%~1,180.65
2.4%
TOTAL PERCENTAGE REQUESTED
42.9%
Personal Property Market Evaluation for 1995 was $514.580
I would appreciate your consideration of this tax abatement request.
S~:;relYJ .
~4~
John D. Sheridan
12200 Crownpoint Drive, Suite 160
San Antonio, Texas 78233
21 0-590-1236
DSI Distributing
12200 Crownpoint, Suite 160
San Antonio, 1)( 78233
(210) 590-1236
Fax: (210) 599-2359
John Sheridan/DSI Distributing
Attachment to Tax Abatement Application
General Description of New Improvements
Construction: Fully sprinklered distribution facility with total of 20,000
sq. ft., 28' clear height, tilt-up concrete wall system, 3700 sq. ft. office
area included within structure.
Concrete drives on each side and across back of facility.
Paved parking areas in front and rear of facility including handicapped
parking.
Landscaping areas across front and both sides with greenbelt area in rear.
Fencing: To extend from side corners of facility to property line and
continuing to the rear property boundary.
Free standing sign, constructed from brick or stone, located in front of
facility.
Total cost of new improvements will be approximately $ 650,000.00.
Improvements: Descriptive list of improvements for which an abatement
is requested, including individual improvement costs.
Attached construction cost estimate. This does not include office construc-
tion. It is estimated that office area will cost approximately $ 90,000.00 to
complete for a total construction cost of approximately $ 650,000.00
Legal property description - See attached survey plot.
02: 2(J. 96
1.19:21
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02/20/96 08:52 am
APPRAISED VALUE
....**..."".......*"".""'.*'..,."."..,.'*
. Acct Hu.ber 153325-3005-02300-00 ·
..t.t*ti********t'*lt**ti*********~i***********i*
. Oistrict Values for all Districts ·
.**.*.........*,........,.,...,.*.***.,*...,*****
, SPTB 1995 Values 1994 Values'
. ~~ '
. Harket Land C2 29,231 29,231 ·
. A9r Land 0 0 ·
. I.prove.ents 0 ([ ·
'Other 06 ·
. Total Value 29,231 29,231 ·
. Mkt Agland 0 0 ,
. Hoaestaad ------.-----------------------.--- ·
. IIprovo.ents 29,231 0 ·
. Land 0 0 ·
...*...........,..",.".....,.,.,.",.....*..*.*
lX912
2.314
(fl) - Owner/legal/Exemptions
(f21 - Miscellaneous Info
<CMP> - Processing Command
/ Ed t Screen
1.12--21.1--96
09:21
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un: UF SCHElUZ
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-
-
01120/96 08:52 a.
OIlER AlI!l LtOAL DrSCRImD~
...*******....**.**.*..........*.......,*...**.. <f2> HiscBllaneous Information
· Acet HUobor 1633Z5-3005-02300-00 , <F3> Curront/Prior rear Valuss
.....***......****************...**.***..*...**.....*....***..*.....**.........
· OwnBr Ho 37720 . Exemptions: 1995 1994 *
· Owner Haae IRI-COUHTY BUSIHESS 'INDUSTRI * Tax Exempt .
* Addrs.. POBOX 161163 * Homestead *
* · Over 65 .
· AUSTIN TX . Oisabili ty *
· * Veteran's 1 .
* lip Cods 78716-1163 . Veteran's 2 .
**....*.**.*..........*.***...*.....*....*.*.... Agr Applied .
· Geo Nu.ber 163325-3005-02300-00 . Year Frozen .
· Legal DBse LOT: 23 * Tax FreBze 0.00 *
· BLK: 5 . I&S FreBle 0.00 .
* AOON: TRI-COUNTY BUS & 1"0 PK ..............***.*..*.*...*****
· · ,uu Taxing Units uu .
nuuuuun"ununuu..."nu.""""" City CS Other *
* Hu.bsr Name CORRIDOR PKWY. Other *
* City/State . Other'
**..****.*................********....**...*.... OthBr'
· Tax Roll R REAL PROPERTY . Other'
· Prev. OWnBr . Other'
......*.*.*......***.......****..........**.......*...........***.**....*.*.***
<F4> Curr Taxes <F5> oelq Taxes <F7> Search Name <FS> Ne. Owner
1.12/ 21.1/ 96
09:22
'l)'nu 65~) :W:q
C In uF SCHERTZ
li!J 1.11.1-1.'1)1.1-1
02(20/96 08;53 a.
PAID HIS10RY
***********'********'11*1*11 Transactions History 11******II*************ITCI00*
* 02/20(96 03:53 am I
I *
* year 9S stlt no 23439 control no 0035039 '
* acet 163325-3005"02300-00 taxes due 119.03 *
1 o_ner 1RI-COUNTY BUSINESS adjosted 0.00 *
1 P 0 80X 161163 adj due 119.03 *
* total paid 119.03 *
1 AUSTIN TX net due 0.00 1
* attorney 0.00 *
, date court cost 0.00 *
****""***1'**1"'1'1111****1111111******IIIIIII*'*'**11*1*1*1*****'1'1**11****
* tendered attorney 0.00 * district CS *
* amount check court cost 0.00 * a~tl 119.03 *
* 119.03 1352 date 01131196 * nt2 0.00 ,
* 0.00 receipt no * amt3 0.00 *
* 0.00 trans type Paymts * amt4 0.00 I
* 0.00 adj reason I disc 0.00 1
* 0.00 operator EVE S104 SL99 * pent 0.00 *
* paid by TRfuCOUNTY BUSINESS,& INDUSTRI 1 int 0.00 *
*************************1111******1***1*1**1****1***1*********************11***
I next I * *district 1 * · * *
*1* fl ***..* f2 11***' f3 ***111 f4 **1*1* f5 **1'" f6 **.... f7 ***1*1 f8 *.1
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1~~mmOO~loo~~~m~~ooool~~~~ru~~
CITY OF SAN ANTONIO
STATEMENT OF PROPERTY TAXES
This statement covers the period of January 1,1995, through December
~
31, 1995
1995
':~*Jfft41r&1fffi~MtHM~1m:WM~HHrtgll.tll:Qn:;(l,Wijgft!:::I}:
:':::::::::::::::::::;:::::::::::::;::;:;:~F:{/:(;~::;#.,}5::::~
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IJlIi jl~~~~!....'
9040t-053-4575-0 I
C'~)I
01/31/96 I
9040t-053-4575-0 0007170 5
o S I DISTRIBUTING
ATTN: uDHN SHERIDAN-PRES
44t8 CENTERGATE DR
SAN ANTONIO TX 78217
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INV FURN FIXT EQPT
....1; 4418 CENTER GATE DR
tll~..lfitll_;~~~.j $O.579791~i!.[ll!l 100%
LEGAL ACRES
Verify that the name, address, property location and legal
description are correct. Make corrections on bottom right
portion of this statement. Retum, with your paymen~ to
the address below. Use address on back for any written
inquiries. Keep the top portion for your records.
YOUR CANCELED CHECK IS YOUR RECEIPT.
. .. IMPORTANT REMINDER ...
1995 CITY OF SAN ANTONIO PROPERTY TAXES ARE CONSIDERED DELINQUENT IF NOT PAID IN FULL BY 1/31/96
SEE THE REVERSE SIDE OF THIS STATEMENT FOR PAYMENT LOCATIONS AND OTHER INFORMATION
1ji}W1l_M~m!mtl!!~f\lill!ll.ili'I!\;.Q
PERSONAL PROPERTY
TOTAL TAX DUE
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514 58
2,983 48
~I!lI!l.~I!IIJ....i'l~mlll~J!I!'!J!!!I
City of San Antonio ." ,
Finance Department
Division of Treasury
P.O.Box 2910 l
San Antonio, TX 78299-2910'
Jiiill'lill'ifJI;illl'IIJ~III':;
KEEP THE TOP PORnON OF ST ATEMEIfr FOR YOUR RECORDS, YOUR CHECK IS YOUR RECEIPT
. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --
DETACH AND RETURN BOTTOM PORnON WITH YOUR PAYMENT IF PAYING BY MAIL
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90401-053-4575-0 0 S I DISTRIBUTING
,11IlJ~,t!~rnllit.I~I!lllll m~ ~~~~~~~~~r~:N-PRES 78217
~~~~~~~~~~ '~D" "..""", , INV FURN FIXT EQPT :~~r~~lea~~~~!tr~~;O~~~~i~~i~~
the area above.
Your elnl>ll.-:! eh&ck I. your ~Ipl. Check this bo.
ONLYlf.recelpll.tequlredfromlhlllotfll>l.
SEE OTHER SIDE FOR PENALTY AND INTEREST RATES AND OTHER INSTRUCTIONS
COSA FORM CTX9SA
90401053457500002983486
II~OO~I~~OOII~m~OOOOOOIOOlrnll~~
Evaluation of Tax Abatement Request By DSI Inc.
On 22 January, 1996, the tax abatement request by DSI Inc.
was accepted.
DSI Inc. is primarily a wholesale consumer electronics
distributor. The primary market lines are the RCA Digital
Satellite Systems, Toshiba and ReA Consumer Electronics, and
JVC and Bose Sound Systems. They are also the warehouse
distributor for Warn Industries. A maker of electric (12v)
winches for off-road and recreational vehicles.
DSI plans a 20,000 sq ft tilt wall building (including office
space) in Tri-County Business Park at an estimated $650,000.
Equipment and tools, appraised as' Personal Property for tax
purposes is estimated at $514,580.
The basis of the request is $650,000.00
improvements to property in the City of Schertz.
in Schertz with a payroll value of $475,000.00.
expects to bring approximately 10 employees.
of
Job
The
capital
creation
company
The proposed site is an 2.314 acre tract on Corridor Parkway,
in the Tri-County Business and Industrial Park. Current value
of the property is estimated at $29,231.00. The property is
located in Guadalupe County.
An evaluation of this abatement request based on our
guidelines and criteria is as follows:
Abatement Percentages
Capital Improvements of $650,000.00
First $75,000
Remaining $575,000 @ 1% per $50,000
10.0%
11.50%
Payroll
$475,000 @ 1% per $25,000
19.00%
Sales Tax
$1180.65 @ 2% per $1,000
2.40%
Total Percentage Authorized
42.90%
Recommend Approval of a 6 year abatement of ad valorem taxes
on Capital Improvements for DSI at a rate of 42.90% for a
period of 6 years, beginning 1 January, 1997.
An acceleration
considered by
attached.
variance has been discussed and should
the commission. A proposed variance
be
is
Dollar Values of DSI Project
Current Values
Land
Improvements
Personal Property
Total
$29,231.00
$0.00
$0.00
$29,231.00
Tax Rate
$0.4072
Tax Revenue
Land
Improvements
Personal Property
Total Ad Valorem
$119.03
$0.00
$0.00
$119.03
Additional Revenues
Payroll
Multiplier @ 1%
$0.00
$0.00
$0.00
Sales Tax
Total Annual Revenues to the City
Minus Abatement of Capital Improvements
at 42.9 percent
$119.03
$0.00
Difference From Current Values
Total Annual Cost of Abatement
Total Revenues to the City over the 6 Year Term
Minus Cost of Abatement over the 6 Year Term
Minus Current Revenues over the 6 Year Term
Total Net Revenues to the City over the 6 Year Term
Projected Values
$29,231. 00
$650,000.00
$514,580.00
$1,193,811.00
$0.4072
$119.03
$2,646.80
$2,095.37
$4,861. 20
$475,000.00
$4,750.00
$1180.65
$10791.85
$1135.48
$9656.37
$1,135.48
$64751.09
$6812.86
$714.17
$57224.06
Total Net Revenues cover the cost of the abatement by a ratio of:
8.40 to 1
Cost Per Job
$681.29
Years
1
2
3
4
5
6
Dollar Value of Variance for DSI Inc
Variance assumes taxes and assessed valuations remain the same.
Capital Improvement Value
Tax Rate
Current
$1135.48
$1135.48
$1135.48
$1135.48
$1135.48
$1135.48
$6812.88
Commission Recommended Variance
Percentage
42.9%
42.9%
42.9%
42.9%
42.9%
42.9%
Variance
$2382.12
$2382.12
$2117.44
$0.00
$0.00
$0.00
$6881. 68
Percentage
90%
90%
80%
0%
0%
0%
$650,000.00
0.04072
Tax Abatement Agreement
1. Parties.
This agreement, is made and entered into by and between the
City of Schertz, Texas (hereinafter called the "City"), and DSI
Distributing (hereinafter called the "Company").
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 94-T-33, 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(,-- r-jl
and agreement
and
b. The City, by approval of this agreement, hereby finds
the terms of this agreement and the property subject to it,
to meet the "Guidelines and Criteria" as adopted, and
further finds there will be:
(1) no substantial 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 to be improved under this Agreement
(hereinafter called the "Property") is described as
follows: Lot 23, Block 5, Unit 3, a 2.314 acre tract out
of the Tri-County Business and Industrial Park Sub-division
as recorded in Volume 5, page 7A-7B, Plat Records,
Guadalupe County, Texas.
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. The
1995 base year value established by the Guadalupe County
Appraisal District is $29,231.00.
c. The tax account
1G3325-3005-02300-00.
of
the
Property
is:
-1-
d.
the
and
A general description of the improvements to be
Company is set out in the application attached
made a part hereof.
made by
hereto
4. Company Representations and Estimates.
a. The Company represents they are the owners in fee
simple of the Property. The Property is located within a
State of Texas Reinvestment Zone and within Guadalupe
County, Texas.
b.
will
this
The Company represents that the use of the Property
be consistent with the existing authorized zoning for
area.
c. The Company estimates it
("Improvements") to the
approximately $650,000.00.
will make capital improvements
Property which will cost
d. The Company represents that a minimum of ten (10) jobs
will be created in connection with the operation of the
Company on the Property, and it will have an annual payroll
in the approximate amount of $475,000.00 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
requirements:
making the
referred to
following
(a) The
Property
completed
Company agrees that the Improvements to
will cost approximately $650,000.00 and will
during the term of the abatement.
the
be
b. The Company covenants and agrees that a m~n~mum of ten
(10) new permanent positions will be created 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 the application attached hereto and
hereof.
particularly
made a part
d. The Company covenants and agrees that all Improvements
constructed in the Reinvestment Zone shall at all times
comply with all applicable Guadalupe County and 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 approved by the Planning and
Zoning Commission of the City.
e. The Company agrees to pay all ad valorem taxes on the
Property and on personal property in a timely manner,
whether assessed by the City or any other tax jurisdiction.
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 allow 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 $475,000.00 throughout the term of the tax
abatement.
i. The Company agrees annually to certify in writing
compliance with the terms of this Agreement,
certification shall be filed by January 15 of each
during the Term of the Abatement and by January 15 of
year following the Term of the Abatement.
its
which
year
the
j. In the event the Company leases all or part of the
Improvements to a third party, the Company agrees that all
benefits accrued from this abatement are to passed on the
the lessee(s) in a pro rata share.
-3-
k. In the event the Company leases all or part of the
Improvements to a third party, the Company agrees that the
terms in paragraphs b an h above related to the number of
jobs and payroll shall remain in effect and be a
responsibility of the Company.
6. Terms for the Tax Abatement.
a. Provided that the Company complies with its obligations
under Section 5 of this Agreement, ninety percent (90%) of
the entire assessed value of the Improvements located in
the Guadalupe County Appraisal District shall be exempt
from ad valorem taxation for a period of two (2) years, and
an 80% abatement for the third year.
b. No abatement of taxes shall be granted as to personal
property of the Company (or lessee) installed or maintained
within the Reinvestment Zone.
c. The abatement shall be for a three (3) year period (the
"Term of this Agreement") commencing on January 1, 1997
(the "Commencement Date"), and expiring on 31 December,
1999. 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 and/or lessee 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.
-4-
b. In the event the Company (or lessee) 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 will 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.
,
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 notides shall be in writing, addressed to the Company or
the City at the following addresses. If mailed, any notice or
communica~ion shall be deemed to be received three days after
the datejof 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 following address:
To the coJpany:
I
j
-5-
If mailed:
1t1:::f:#.::i
Attention:
,--9440' kG'''''';' 7J( 7&2'1-7
If delivered:
,vu.,,{,/>v 1JJ&</;,r,
Attention:.
With copy to:
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.
-6-
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
shall 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 long as the certificate is requested in
connection with a bona fide business purpose. The certificate,
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 and inure to the benefit of
the parties hereto and their respective successors and
permitted assigns.
16. Date.
This agreement has been executed by the parties in mult~~~~
Origina~ each having full force and effect on this the ~
day of oi/&/"",r=.1!- 1996.
~6.:r:
_ ~;:;::;ry7?1f!J~k'tLJ~y
"COMPANY"
CITY OF SCHER~
i Z'i. Q
By: Ke~R. Sweatt
City Manager
-7-
ATTEST:
~n.~.../ ~a.-<U./
Norma Althouse
City Secretary
Seal of the City
State of Texas:
County of
aU;ql?~LUf'E
was
I , 1996,
, a
behalf of said corporation.
efore me on
'-e :a~, of
corporation, on
(SEAL)
THE STATE OF TEXAS
~~ ~Il--cL<l.,u
Notary Public in and for the
State of Texas
Jot:/IJH R/- THouS~
(Printed Name of Notary)
My commission expires: /1~f~9t'
COUNTY OF GUADALUPE
T~ instrument was
'OIlt=:mgE.e ~ , 1996, by
t e City of SChertz, Texas,
formed under the laws of the
municipality.
ac efore me on
, City Manager of
a m~ 'pa1ity a body politic
State of Texas, on behalf of said
(SEAL)
/frt~~ a-l!z~-a~
Notary Public in and for the
State of Texas
~,e/I7H ./I.LT/lOt.JSt!:
(Printed Name of Notary)
My commission expires: ///~.#I'
-8-
TRI-COUNTY BUSINESS &
INDUSTRIAL PARK UNIT 3
VOL. 5, PG. 7A-7B
LOT 4, BLOCK 3
1>-
z
I~
..:
I~
I~
~
1>-'
u
I-~
~
I
I
. I
SCALE: I" = 1OQ':
TRI-COUNTY BUSINESS & INDUSTRIAL PARK UNIT 1
VOL. 4, PG. 347-340
, LOT 1, BLOCK j
Q)
"
~-,-- u --- _ hi'
FaUNa 1/2" ~ I
IRON PIN .
~I
CORRIDOR PKY,-( 60'R.O.W.)
S 30'06'53" E
280.00
',....
.....
-
25' BUILDING SETBACK LINE
FOUND 1/2"
IRON PIN
.:--q J1'l e~f'4
~/~ 1tl!l~
LOT 23
BLOCK 5
2.314 ACRES
100800 SQ. FT.
..~-------
LOT 22
o
o
ci
CD
~ ~!
::ii
w 31
~I
>,
o
o
ci
CD
t')
LOT 24
~
T ,. ~, __~
FOUND 1/2"
IRON PIN
~ ~I
~ ~I
z u
~ I 28' ELECT. '" TELE. EASEMENT
. /VOL. 4, PG, 343-346
~I __ V~~_ 5,__~~: 7~~_7B__
,
r---.
.0
t')
Vl
en
t()
Vl
-N 30'06;53" W-280.00 --
FOUND 1/2"
IRON PIN
LOT 4, BLOCK 5
TRI-COUNTY BUSINESS & INDUSTRIAL PAR
VOL., 4. PG. 343-346
LOT 3, BLOCK 5
LOT 2, BLOCk 5
BEARING SOURCE: VOL. 5. PG. 7 A- 7B
SURVEY PLAT OF;
A 2.314 ACRES (100800 SO.FT.) BEING LOT 23, BLOCK 5,
TRI-COUNTY BUSINESS & INDUSTRIAL PARK UNIT 3
RECORDED IN VOLUME 5, PAGE 7A-7B, PLAT RECORDS,
GUADALUPE COUNTY, TEXAS.
NO flf)RTION (W ~'JI'!J[(T PROPERTY 15 lOr.;I\TEO WlH'iN A
sprUM nooD ~'I\,7/1f;>r; ARFA , 7mn:: ^. l(X).-YF_AR n,O(lQ
BOUNDARY AS m.rJN[O By fl-lt FLOOD lNSURAtIU. RArl MAP
rHyor SOlfflrl, C;UADAIl/PF r.O"N1Y,O"XAS ON (.OI.HJt/NlTY
PANU, NUMBf.R 4aO:J69 OOO~ C, fHECTrvr DArt SEPT[MBCR JU,1992,
AS, PRCPM1CO f11' T11F 'TD(rtA.l EMEnGENCY MANAGEMCNT AGENCY.
=,
OF }-~~"
'1-.... '''Sf';''''?of-J'
.... .\'0\6. 19....1' "
"," JllQ' O'"lfl~
~'~ILLlAM F. .M.b.!1~I,ty
<' \i-o 4952 ~'t/(';\(
., ""'rss~~'",\ Ii,
~I) .....~. u. _.1 ~.. ,..tW
SU!\ pl<"
~""-~'./'
.....,~~.....,
STATE OF TEXAS
COUNTY OF GUADALUPE
I HEREBY CERTIFY THA T mls PLAT IS TRUE AND CORRECT
ACCORDING TO AN AC1UAL SURVEY MADE ON THE GROUND UNDER
MY SUPERVISION AND THAT THERE ARE NO VISIBLE EASEMENTS
OR ENCROACHMENTS OF BUILDINGS ON ADJOINING PROPERTY AND
THA T ALL BUILDINGS ARE 1'tH0LL Y LOCATED ON THIS PROPERTY
EXCEPT AS SHOWN ABOVE.
THIS 9th DAY OF FEBRUARY 1996 A.D.
~~~ ~:?t;;,.~,
PlIleP..."nay:
n
DON MCCRARY e. ASSOCIA1l:S, INC.
!NGIN!I!R$ , SUR~!YORS
3iU IMuPoltT
hM Nn'oNtO, Tn.... 7"16-Z&01
(ZIO)34""ttel
.'
',J I .,
JO ,'NO: 96009;: ,"
.,.....
".:..:
County of Guadalupe
PUBLISHER'S AFFIDAVIT i) 1, f'{'
. / yA.?()..I-' J
,f ,j /-t"/
;;~JV"1-1
. /(j,), 1(/ ~ i
[,Y" ' r -ft1 f-~ fJ. Jej,"'-"3
//~f rlL'-t ~Vv
...J 1)6 ( II! 1.r ()
I
THE STATE OF TEXAS,
Before me, the undersigned authority, on this date personally appeared L . A. REYNOLDS
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
MAY 12, 1996
2 times before the return day named therein, such
ORDINANCE NO. 96-T-11 ORDINANCE NO. '96-T-11
BY THE CITY COUNCIL BY THE CITY COUNCIL
OF THE CITY OF OF THlCITY OF
SCHERTZ, TEXAS, AP- SCHERTZ, TEXAS, AP-
PROVING A TAX ABATE- , PRPVING A TAX ABATE-
MENT AND A TAX MENT AND " TAX
ABATEMENT AGREE- ABATEMENT AGREE,
MENT FOR AND WITH MEiNT FOR ANO WITH
DSI DISTRIBUTING, A DSI DISTRIBUTING
PROPERTY OWNER IN ' A
THE CITY OF SCHERTZ PROPERTY OWNER IN
Passed, Approved an'd THE CITY OF SCHERTZ,
Adopted tha 7th day of May Passed, Approved and
1996, , Adopted the 7th day of May,
Norma Ahhouse, 1996.
City Secretary Norma Althouse,
City Secretary
AD was published in said newspaper
publications being on the following dates:
MAY 16, 1996
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me, this 20th day of MAY
A.D., 19 96
.....-~'"
---~,,~~~/j~ >'1
40,,;'*-'- -' ,'<:",,\ MARGARET L. CLARKSON
;,. I ',,' ,,"
i ' -'t ". ~ NotaryPuboc.Stateo ,ens
~. \' , ,1 MyCommisskln~resJan-14, 1Wll
\oJ';--_,,__,..../-~.,./
11,\-f~k:Of1'i-i-'/
''''-..-''
'-h1.fV-o~- t ~
Notary Public, Guadalupe County, Texas
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT - _ bJ- .
/ J i&~l~.~ _ ])-5 I
(j-t-d--JiI'P"
jJ,f 1'- l/-
$/ ,,,",
I
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared T n RRV1\lQT 1)<::
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
AD
was published in said newspaper 2
times before the return day named therein, such
and a newspaper copy of which is hereto attached.
'~~
~'<-
I AlII ORDINANCE AN ORDtNANCIj
,BY THE CITY COUNCIL BY THE CITY CoUNCIL
OF THE - CITY OF
SCHERTZ, TEXAS, AP- OF THE CITY OF
PROVING A TAX ABATE_ISCHERTZ, TEXAS, AP-
MENT AND A A TAX ! PROVING A TAX ABATE-
.<\BATEMENT AGREE- MENT AND A A TAX
MENT FOR AND WITH ABATEMENT AGREE-
DSI DISTRIBUTING, A MENT FOR AND WITH
PROPERTY OWNER IN DSI DISTRIBUTING A
THE CITY OF SCHERTZ. PROPERTY OWNER IN
Approved on filllll8llding 1he
16th day of April, 1996. THE CITY OF SCHERTZ.
NORna Mhousa, Approved on fillll reading 1he
City Secretary 16th day of April, 1996,
Norma Atthousa,
City Secretary
publications being on the following dates:
APRIL 21, 1996
nPRTT ?~ 199<;
Sworn to and subscribed before me, this 26th day of APRIL
A.D., 1996
."..-~"'~"'"
/~,,"'V~IJ~""I
;;'.0,' '..J, I,
r'__^,--- c- \ MARGARET L CLARKSON
~", ) I~ .' gN~tarVPlJiJ!Ic,ShteGf1l;YJS
\ .r,.. v __-~j t..',yCommt>,";;'lnE~lresJ"f114, 1998
\';:J,,(~~~,'...:.~~~_J
fvI~r ;;( C~~-'-~
Notary Public, Guadalupe County, Texas