1996T07-AGREEMENT WITH ECKO CONSTRUCTION
ORDINANCE NO. 96-7-1
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT
ANDIA TAX ABATEMENT AGREEMENT FOR AND WITH
ECK6 CONSTRUCTION, 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 Ecko Construction 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 Ecko Construction,
described as 3.921 acres at 7063 Pipestone Street; Lot 1,
Block 2, Vestal Subdivision 1, as recorded on 24 August 1995,
Volume 11, pages 275-276 in the Plat Records of Comal County,
and such property is within the Vestal Steel Reinvestment Zone
as adopted by City of Schertz Ordinance 95-T-31 on 17 October,
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
Ecko Construction is approved. The approved rate is
period of two (2) years, and 34% 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
80% for a
(1) year,
January,
only.
THAT, the City Manager is authorized to enter into an
agreement, shown as Exhibit 1, with Ecko Construction.
Approved on first reading the 19th day of March, 1996.
PASSED, APPROVED AND
~;L , 1996.
ADOPTED
the ~day
of
ATTEST:
~ aft,,(~~~
City Secretary, City of Schertz
(SEAL OF CITY)
Exhibit 1
Tax Abatement Agreement
1. Parties.
This
City
Ecko
agreement, is made and entered into by and between
of Schertz, Texas (hereinafter called the "City"),
Construction, (hereinafter called the "Company").
the
and
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 95-T-31 which creates
the Vestal Steel Reinvestment Zone.
(4) City of Schertz Ordinance
which approves this tax abatement
authorizes the execution hereof.
96- T- 7
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 3.921 acres
at 7063 Pipestone Street; Lot 1, Block 2, Vestal Subdivision 1
as recorded on 24 August 1995, Volume 11, pages 275-276 in the
Plat Records of Comal County.
b. Abatements
improvements set
County Appraisal
value estimated
$15,000.00.
approved will be based on the value of
out on the real property roll of the Guadalupe
District for the Property. The 1995 base year
by the City of Schertz Tax Department is
-1-
4. Company Representations and Estimates.
a. The Company represents they are the owners in fee
simple of the Property.
b. The Company represents that the use of the Property is
to be as follows meets the requirements of the City of
Schertz zoning ordinance.
c. The Company estimates it
("Improvements") to the
approximately $200,000.00.
will make capital improvements
Property which will cost
d. The Company represents that a m~n~mum of thirty-five
(35) 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 $500,000.00 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.
a. The
Property
completed
Company represents that the Improvements
will cost approximately $200,000.00 and
during the calendar year 1996.
to
will
the
be
b. The Company agrees that a minimum of thirty-five (35)
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 in the City of Schertz after the
date of execution of this Agreement shall be considered a
new permanent position for purposes of this Agreement.
c. The Company agrees that all Improvements constructed on
the Property shall at all times comply with all applicable
Comal County and City building codes and ordinances.
Further, the Company agrees to maintain the Improvements in
a neat attractive condition as described by the Site Plan
approved by the Planning and Zoning Commission of the City.
d. 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.
-2-
e. 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.
f. 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.
g. The Company agrees that the Company payroll for
permanent employees in the City at the Property will be
approximately $500,000.00 throughout the term of the tax
abatement.
h. 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, eighty percent (80%) of the entire assessed
value of the Capital Improvements shall be exempt from ad
valorem taxation for the first two years of the term of
this agreement, with thirty-four percent (34%) during the
third year.
b. No abatement of taxes shall be granted as to personal
property of the Company installed or maintained within the
property.
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 the third (3th)
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.
-3-
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 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.
-4-
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 following address:
To the Company:
If mailed:
9330 Corporate Dr., Suite 301
Selma, TX 78154
Attention: Jerome C. Uecker, Jr.
If delivered:
9330 Corporate Dr., Suite 301
Selma, TX 78154
Attention: Jerome C. Uecker, Jr.
With copy to:
N/A
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.
-5-
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 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 Comal 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.
-6-
16. Date.
This agreement
originals,
da f
has been executed by the parties in multiple
having full force and effect on this the ~
6 .
State of Texas:
County of:
This instrument was acknowledged before me on March 29
1996, by Jerome C. Uecker, Jr.
Mary Louise Uecker
(Printed Name of Notary)
CITY OF SCHERTZ
~\
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Ke ry . Sweatt
City Manager
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument
/1/,,e/L y
the City of
formed under
municipality.
was acknowledged before me on
, 1996, by ~e-N'w SW20'if- ,City Manager of
Schertz, Texas, a municipality and body politic
the laws of the State of Texas, on behalf of said
Notary Public in and for the
State of Texas
NORMA ALTHOUSE
Notary?ublic, State 01 Texa~
i'lI1yComrni%ionEx:;ire5Nu~r' 19Q' it
i(
~,e/JJIJ HLTHous;::
, (Printed Name of Notary)
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8 March, 1996
1/ g~ - C;;2r
Manager ~ ~ ,
----
To: Mayor and City Council
From: Kerry R. Sweatt, City
Subject: Tax Abatement - Ecko Construction
Attached is the documentation on a request for tax abatement
from Ecko Construction. The request has been reviewed by staff
and presented to the Economic Development Commission. The
Economic Development Commission met on 15 February, 1996, to
review the request and make recommendations.
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
from the Council is required to approve such a variance.
The Comal County Judge has been advised of this application, as
required by law, with our request for their support.
Included in the documentation are: The application by Ecko
Construction; a staff evaluation on the merits of the
application, and financial impact overview; a draft ordinance
approving the abatement and agreement; and the draft tax
abatement agreement.
We are still in the process of perfecting the agreement and
hope to have it completed by the workshop session. A
representative from Ecko Construction will attend this meeting
to answer any questions you may have.
8c1ro ~ondiuotion
9330 CORPORATE DRIVE, 5TE, 301
SELMA, TX 78154
(210) 651.9684
FAX: (210) 651.6260
Mr. Mark Marquez
City of Schertz
Economic Development Department
1400 Schertz Parkway
Schertz, TX 78154
Oecember 12, 1995
Re: 7063 Pipestone
Dear Mr. Marquez,
This letter is to introduce you to ECKO Construction and
respectfully request that a tax abatement, including certain
optional abatements, be considered and granted.
ECKO Construction has been in business since 1979. It is
incorporated in the State of Texas. The owner is Jerome C.
Uecker, Jr. who has 20 years experience in the concrete industry.
ECKO Construction is engaged in all types of concrete work,
however, residential construction accounts for the maJority of
our income.
Over the past few years, we have realized the necessity to build
new facilities and have purchased land off FM 3009, in the Vestal
SUbdivision, Schertz. Texas. We intend to build a
office/warehouse space whose estimated value will be $175,000.
We are requesting the standard abatement of approximately 13%.
In addition, we respectfully request that the City of Schertz
grant an additional abatement based on our current payroll of
approximately $500,000. In addition, we have a subcontractor
payroll of $1.3 million annually. We are requesting
consideration of an optional abatement of 20~ for our payroll and
consideration of our subcontractor payroll.
Thank you for your consideration and time in this matter. Please
contact me should you require any additional information
Sincerely,
ECKO Construction
.,_. ~.~~~
President
20 December, 1995
Mr. Jerome C. Uecker, Jr.
President
Ecko Construction
9330 Corporate Drive, Suite 301
Selma, Texas 78154
Mr. Uecker:
\
Your application for tax abatement is conditionally accepted
pending receipt of documentation on the number of employees
planned for the new facility, to include the number of new
employees, if any, as a result of the relocation. In addition,
we need an estimate of the taxable "personal property" expected
to be in place in the new facility. You may fax this
information.
If received by 31 December, 1995,'your application will be
reviewed by the Schertz Economic Development Commission in
January. The date and time will be provided to you by mail or
fax.
Finally, let
of Schertz.
to a long and
me be one of the first to welcome you to
We value our corporate citizens and look
prosperous relationship.
the City
forward
If I can be of any assistance or provide any additional
information please call on my direct line, 658-4636.
Sincerely,
&cIco l(i~
9330 CORPORATE DRIVE, 5TE, 301
SELMA, TX 78154
(210) 651.9684
FAX: (210) 651.6260
Mr. Mark Marquez
City of Schertz
Economic Development Department
1400 Schertz Parkway
Schertz, TX 78154
December 14, 1995
Re: 7063 Pipestone
Dear Mr. Marquez,
This letter is an attachment to
abatement. In addition to the new
capital improvements will be made.
our original request for
office building several other
They are as listed:
1. Paving of parking lot and adjacent areas
Approximate Cost $13,500.00
2. Landscaping
Approximate Cost 4,000.00
3. Fencing
Approximate Cost 7,500.00
This property, Lot 2/Block 2 of the Vestal subdivision, currently
has no appraised value. The 1996 valuation is unavailable at
this time. This subdivision was created in 1995, so no prior
valuation is available.
For your review, attached is a plan
proposed building and a site plan.
consideration and time in this matter.
you require any additional information.
with elevations of our
Thank you for your
Please contact me should
si ncerely,
ECKO Construction
r.C~e~~~
President
JCU/jdk
Ene.
~eko CfimuWutdion
9330 CORPORATE DRIVE, 5TE, 301
SELMA, TX 78154
(210) 651.9684
FAX: (210) 651.6260
Mr. Mark Marquez
City of Schertz
Economic Development Department
1400 Schertz Parkway
Schertz, TX 78154
December 27, 1995
Re: 7063 Pipestone
Dear Mr. Marquez,
In response to your letter of December 20, 1995 we offer the
following for your consideration. In addition to the information
previously provided our move to Schertz will bring thirty-five
(35) employees and a taxable personal property of approximately
$200,000 for 1996.
We appreciate your prompt attention to this and look forward to
working with you during our relocation. Please do not hesitate
to call should you require any additional information.
Sincerely,
ECKO Construction
9:~. ~..~fk
President
Evaluation of Tax Abatement Request By Ecko Construction.
On 27 December, 1996, the tax abatement request by Ecko
Construction was accepted. The information provided meets
the requirements of our Guidelines and Criteria for Tax
Abatement and Reinvestment Zones.
Ecko Construction is a concrete contractor specializing in
residential work. Ecko has purchased a tract in the Vestal
Subdivision and plans to construct new offices for an
estimated $200,000.00 (which includes paving, fencing, and
landscaping). The tract is zoned "Light Industrial". The
company is currently located in Selma.
The basis of the request is $200,000.00 of capital
improvements to property in the City of Schertz and job
creation in Schertz with a payroll value of $500,000.00.
The proposed site is an 3.921 acre tract on Pipestone (off of
FM 3009), north of IH 35, and directly across from Tri-County
Business Park. Current value of the property is estimated at
$15,000.00. The property is located in Comal County.
An evaluation of this abatement request based on our
guidelines and criteria is as follows:
Abatement Percentages
Capital Improvements of $200,000.00
First $75,000
Remaining $125,000 @ 1% per $50,000
10.0%
2.25%
Payroll
$500,000 @ 1% per $25,000
20.00%
Total Percentage Authorized
32.25%
Recommend Approval of a 6 year abatement of ad valorem
on Capital Improvements for Ecko Construction a rate of
for a period of 6 years, beginning 1 January, 1997.
While it has not been requested in writing, preliminary
discussions included an acceleration variance.
taxes
32.25%
Dollar Values of Ecko Project
Current Values
Land (Estimated)
Improvements
Personal Property
Total
$15,000.00
$0.00
$0.00
$15,000.00
$0.4072
Tax Rate
Tax Revenue
Land
Improvements
Personal Property
Total Ad Valorem
$61. 08
$0.00
$0.00
$61. 08
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 32.25 percent
$61.08
$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
$15,000.00
$200,000.00
$200,000.00
$415,000.00
$0.4072
$61.08
$814.40
$814.40
$1,689.88
$500,000.00
$5,000.00
$0.00
$6689.88
$262.64
$6427.24
$262.64
$40139.28
$1575.86
$366.48
$38196.94
Total Net Revenues cover the cost of the abatement by a ratio of:
24.24 to 1
Cost Per Job
$45.02
Years
1
2
3
4
5
6
Dollar Value of Variance for Ecko Construction
Variance assumes taxes and assessed valuations remain the same.
Capital Improvement Value
Tax Rate
Current
$262.64
$262.64
$262.64
$262.64
$262.64
$262.64
$1575.84
Percentage
32.25%
32.25%
32.25%
32.25%
32.25%
32.25%
Variance
$651.52
$651.52
$276.90
$1579.94
Percentage
80%
80%
34%
$200,000.00
0.04072
County of Guadalupe
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REYNOLDS known
I
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
Before me, the undersigned authority, on this date personally appeared L. A .
to me, who, being by me duly swom, on his oath deposes and says that he is the Advertising Director of
The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore-
going
AD
was published in said newspaper 2
times before the retum day named therein,
APRTI. g, 1 gg6
ORDINANCE 96- T-7
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
ECKO CONSTRUCTION,
A PROPERTY OWNER IN
THE CITY OF SCHERTZ.
Passed, Approved and
Adopted the 2nd day of AprI,
1996,
Norma Althouse, City Sec-
retary
ORDINANCE
.1'I-T-7
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
ECKO CONSTRUCTION,
A PROPERTY OWNER IN
THE CITY OF SCHERTZ,
Passed, Approved and
Adopted the 2nd day of April,
1996,
Norma AJthouse,
City Secretary
such publications being on the following dates:
APRIL II, 1996
,/
and a newspaper copy of which is hereto attached.
Swam to and subscribed before me, this 15th day of APRIL
A.D" 19 96
~-~';~~~"'I
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{',o' ~~. ,'0 \ MARGARET L. CLARKSON
~. ~", .,7 . t NatarvPtJblic.SlatcI}ITe1aS
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7Y\tA.CaJ-cK, CX~
Notary Public, Guadalupe County, Texas
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PUBLISHER'S AFFIDAVIT
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THE STATE OF TEXAS,
Before me, the undersigned authority, on !l'jjs date personally appeared L . A. REYNOLDS
known
to me, who, being by me duly swam, on his oath deposes and says that he is the Advertising Director of
The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore-
going
AD
was published in said newspaper 2
times before the retum day named therein,
and a newspaper copy of which is hereto attached.
AN ORDINANCE
BY THE CITY COUNCIL
OF ,"HE' (;ITY OF
SCHERTZ, TEXAS, Ap. March, 1 '
PROVING A TAX ABATE. Norma Alth
MENT AND A TAX City Sacrela
ABATEMENT AGREE.
MENT FOR AND WITH ' AN ORDINANCE
ECKO CONSTRUCTION, BY THE CITY COUNCIL
A PROPERTY OWNER IN .OF THE CITY OF
THE CITY OF SCHERTZ, SCHERTZ, TEXAS, Ap.
Approved on first reading the PROVING A TAX ABATE.
MENT AND A TAX
20th day of March, 1996, ABATEMENT AGREE.
Norma Allhouse, MENT FOR AND WITH
City Secretary ECKO CONSTRUCTION,
A PROPERTY OWNER IN
.. -"'-~ THE CITY OF SCHERTZ,
, Approved on first reading the
20th day of March, 1996,
. ) Norma Althouse, C~y Sec.
retary
such publications being on the following dates:
MARCH 24, 1996
MARrA?R 1 qqF;
'c.
Sworn to and subscribed before me, this 29th day of
MARCH
A.D" 19 96 .
_"""<';'~"~~~:':l\11
:c ,\", . u(!~
f'/? /I,,~G "" MARGARET L CLARKSON
i." "'~-" '~f . ~ N,!I~!VPI;hllr, Statf.'JlTe!X.
"", j/'~'-\ i tI.JC()m~"OIS:;"J~Expi(t'S,!an 14, ,9'JH
IJ<~7~~,~~~,:~~~~J
~p,./L?~ ~ ~-__J
I,
Notary Public, Guadalupe County, Texas
i
I'