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1995T31-ESTABLISHING THE VESTAL STEEL REINVESTMENT ZONE ORDINANCE NO. fl5- ;-3/ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING THE VESTAL STEEL REINVESTMENT ZONE WHEREAS, the Texas Property Tax Code, Section 312, allows the creation of Reinvestment Zones; and, WHEREAS, the property described, a 39.344 acre tract out of the George M. Dolson survey #197, Abstract 120, Volume 5, pages 82-84, Map records of Comal County, and recorded as Vestal Subdivision 1, on 24 August 1995, Volume 11, pages 275-276 in the Plat Records of Comal County, and is currently zoned for Light Industrial use (M-l); and, WHEREAS, it is the belief of the City Council that by establishing the Vestal Steel Reinvestment Zone, it is reasonably likely to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would benefit the property and would contribute to the economic development of the property; and WHEREAS, it has been the stated policy of this Council to support and promote the economic development of this community; and WHEREAS, a Public Hearing was held to hear comments from the citizens on 3 October, 1995; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT the City Council Reinvestment Zone under Texas Property Tax Code. hereby establishes the Vestal Steel the provisions of Section 312 of the Approved on first reading the 3rd of October, 1995. PAS~ APPROVED AND ~LtAJ ,1995 ADOPTED day of Mayor, Texas ATTEST: ~4MV~/)-"/ 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 Vestal Steel Specialties Inc., (hereinafter "Company") . between "City") , called the and the 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 which creates the Schertz Ordinance 9 fi - ~ .3 / Vestal Steel Reinvestment Zone. (4) City of Schertz Ordinance which approves this tax abatement authorizes the execution hereof. 9~- T - 3d.. 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 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 a 39.344 acre tract out of the George M. Dolson survey #197, Abstract 120, Volume 5, pages 82-84, Map Records of Comal County, and recorded as Vestal Subdivision 1, on 24 August 1995, Volume 11, pages 275-276 in the Plat Records of Comal County, and is currently zoned for Light Industrial use (M-l). 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 $5194.00. -1- c. The tax account of the Property prior to re-plat is 2C0120-0000-01200. d. A general description of the improvements to be made by the Company is set in the tax abatement application. 4. Company Representations and Estimates. a. simple Vestal The Company represents they are the owners in fee of the Property. The Property is located within the Steel Reinvestment Zone and within Comal County, Texas. b. The Company represents that the use of the Property is compatible with local zoning regulations. c. The Company estimates it will make capital improvements ("Improvements") to the Property which will cost approximately $730,000.00. d. The Company represents that a m1n1mum 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 $493,000.00 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. The Company Property will cost completed during the represents that the Improvement approximately $790,000.00, and term of the abatement. to will the be b. The Company covenants and agrees that a minimum 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 described in a site plan approved by the Planning and Zoning Commission. more City particularly of Schertz d. The Company covenants and agrees that all Improvements constructed in the Reinvestment Zone 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 approve 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 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 $493,000.00 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, 50.82% of the entire assessed value of the Improvements located in the Guadalupe County Appraisal District in each such year, shall be exempt from ad valorem taxation. -3- b. No abatement of taxes shall be granted as to personal property of the Company installed or maintained within the Vestal Steel Reinvestment Zone. c. The abatement shall be for a six year period (the "Term of this Agreement") commencing on January l, 1996 (the "Commencement Date"), and expiring on the December 31st, 2001 (6th) 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 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. -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 following address: To the Company: If mailed: \ 7"\<\3 sv\+~''''r-z Attention: ) RE [) I R01\J -r C "'As W A-LTfZR... V ES 1Io.L If delivered: --.J 1'1 '\ <.. R ~ D \Rol-J Sc:.\-+"'\IL."T~ \1':"iAS Attention: ~((. lJU-rJOrL- With copy to: -5- To the City: If mai1ed or personally delivered: City of Schertz Attn: City Manager P.O. Drawer I Schertz, Texas 78154 9. Agreement Approved by City Counci1. 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 on1y 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 a1ternative 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 a11 times to delete said inva1id 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 -6- 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 by the parties in multiple originalS,~each having full force and effect on this the ~ day of ~~~ 1995. /~~fi~<'''<I7~~=C' "COMPANY" t CITY OF By: K rr Sweatt City Manager ATTEST: ~?UG I2Lz/ -"'-'{~ R ~ Norma Althouse City Secretary Seal of the City State of Texas: ClU/iD/'lLljPE County of -7- This /l_ instrument was c.A!TOL3e:,e ,;(~' 1995, v'E6TIIL ~<i7ZEL< ~M1LTIE$-:M~' a behalf of said corporation. aCkno~edged by '/TLTE.e be~re me J t'e::3f/1L- , corporation, on of on (SEAL) ~~ Notary Public in and for the State of Texas ~,6?;/9 /fLTllocJ5E (Printed Name of Notary) ~ NORMA AlTHOUSE ~. NallryPubllc.St2teofTexas J' S~ MyCommlsslonExpJresNov.9,19Sf: My commission expires: ~i/, ~ Iffi' THE STATE OF TEXAS COUNTY OF GUADALUPE Thi~ instrument was acknowledged before me on {&rot?J€e J?1- , 1995, by Kerry R. Sweatt, City Manager of the City of SChertz, Texas, a municipality and body politic formed under the laws of the State of Texas, on behalf of said municipality. (SEAL) ~ Notary Public in State of Texas au4c~ and for the d.e/ll/'l #,LTIfOtJ5E (Printed Name of Notary) My commission expires: ,A~t! e!'l tJf NORMA ALTHOUSE NotalyPupl1c, $tate of Texas My Commission Expires Nov. Q 19ge , ~ -8- PUBLISHER'S AFFIDAVIT . b/J1~'~ ji;,~ t: )>L>> " ',c. kjJ ~u1Y' (yJJ~ )))/ ) 7Jvtl 1Vl ,5 b . THE STATE OF TEXAS, AN ORIlIII'ANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ES- TABLISHING THE VESTAL STEEL REINVESTMENT ZONE. Approved on first reading Ihe 3rd day 01 October, 1995. Nonna Anhouse, Cily See- ~tary. County of Guadalupe AN ORDlNARcE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ES- TABLISHING THE VESTAL STEEL REINVESTMENT ZONE. ' Approved on first reading the 3rd day 01 October, 1995. Norma Althouse, CiIy Sacrata~ I Before me, the undersigned authority, on this date personally appeared L _ A _ REYNOLDS known to me, who, being by me duly swam, en his oath deposes and says that he is the Puclisher of Tne Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing AD was published in said newspaper ::;l, times before the return day named therein, such publications being on the following dates: ()tk,\&A/ V I l C{ (L \ ;e)c, ~< (~ le( C( '5 t' LUt-d Q[t-~ , - Cc Lc1?(/ W{[J- and a newspaper copy of which is hereto attached. Sworn to and subscnbed before me, thisJ le' D1- day of eX!)(\ kX~ A.D., 19 c( ~~ r-"":~~'~;-;~", . s "',:""..."', {'I, f ~~,'-^<o \ MARGARET L CLARKSON t. ~'\,+7 ,,' i NotarVPI"~'1f,StateG!TE)"~;. ~ ',V"-;;.., J M~Comilli.%:rmb;plresJ~1114, :\183 \'t"i","";C'./ 1"r"Of'l"__ \'..."'"....-- '-MO-A-~ 0 A A c.,~ ~-J .' Notary Public, Guadalupe c~tinty, Texas I' " ,'I .' I .' County of Guadalupe PUBLISHER'S AFFIDAVIT < e~ ~3l~ . ~Lf~ r ~ 154 '~,'~ ,JY ' tJM' . 11-. ,/ '1 '7 1/~ y 1/5/Y 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 swam, 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 c;) times before the return day named therein, such publications being on the following dates: C~ c\Jv~\ , (J c\Jv~" (;l.d- \ \ 9.~ S \ ORDINANCE NO" .T~1 BY THE CITY COUNCIL OF ,THE. CITY OF SCHERTZ, T~XAS, ES- TABLISHING lliE VESTAL STEEL REINVESTMENT ZONE. PASSED, APPROVED, AND ADOPTED the 17th day 01 October, 1995. Norma Ahhouse, City Secretary ORDINANCE NO., 95-T~1 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, 'TE!'XAS, ES- TABLISHING THE VESTAl STEEL REINVESTMENT ZONE. PASSED, APPROVED, AND ADOPTED the 17th day of October, 1995. Nonne Atthouse, City Secretary ~'--o, \c\ ~~ ) and a newspaper copy of which is hereto attached. ".____..__u _"__ q~'~, ....- Sworn to and subscnbed before me, this(,;) V ~ay of (~) (~U ~ " c\ ----- A.D., 19 / '). I " .-..........."'"'" ?-, ,,"'.X. P(J~"1 ~ 0 ........ '~....,<, '~ f ""-".J.. \~ 1~ MARGARET L. ClARKSON ~. T\T'7),. NiJlaryPt;'.,'t,SlateGlTeJ<.iIS' \C".......~... MyCommissilln'brpires..1an.14.1998 'rl';~l';'Ofi~:"':~ '"....w.......... 1n~ x:. Cfl,j.-.-J Notary Public, Guadalupe CoUnty, Texas .'