2002T05-AMEND TAX ABATE TADCO OROINANCE NO.
AN ORDINANCE
AMENDING A TAX ABATEMENT AGREEMENT BETWEEN THE CITY
OF SCHERTZ AND TADCO/TRI-COUNTY LTD. AND DECLARING AN
EMERGENCY
WHEREAS, by Ordinance 01-T-10, finally passed and approved March 6, 2001, the City
Council approved the abatement of ad valorem taxes for TADCO/Tri-County Ltd. (the
"Partnership") pursuant to a Tax Abatement Agreement (the "Tax Abatement Agreement")
between the City of Schertz and the Partnership; and
WHEREAS, the City Council has determined that it is desirous to amend the Tax
Abatement Agreement; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNC1L OF THE CITY OF SCHERTZ, TEXAS:
1. The Tax Abatement Agreement shall be amended pursuant to the First
Amendment to Tax Abatement Agreement attached hereto as Exhibit A (the "Amendment"), and
the City Manager is authorized to enter into such Amendment with the Partnership.
2. The terms and provisions of this Ordinance shall be deemed to be severable and,
if the validity of any provision of this Ordinance shall be declared to be invalid, the same shall
not affect the validity of any other provision of this Ordinance.
3. The fact that the Tax Abatement Agreement requires prompt modification creates
an emergency requiring immediate action and requires that this Ordinance shall become effective
from and after the date of its passage in a single reading following the affirmative vote of not less
than two-thirds of the councilmembers present at the meeting at which this Ordinance is first
introduced, all as provided by the Charter of the City of Schertz.
PASSED, APPROVED, AND ADOPTED THIS/I'HE 1~t day of May, 2002.
ATTEST:
City Secretary, City of Schertz
(SEAL OF CITY)
EXHIBIT A
FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT
This First Amendment to Tax Abatement Agreement (this "First Amendment") is
between the City of Schertz, Texas (the "City") and TADCO/Tri-County Ltd. (the "Company").
1. The City and the Company entered into a Tax Abatement Agreement pursuant to
an Ordinance adopted by the City Council of the City on March 6, 2001 (the "Tax Abatement
Agreement"). Capitalized terms not otherwise defined herein have the meaning set forth in the
Tax Abatement Agreement.
2. The City and the Company have agreed to the following amendments to the Tax
Abatement Agreement:
(a) Section 5 of the Tax Abatement Agreement is hereby amended with the addition
of the following new Section 5(h):
(h) In the event the Company leases all or a part of the
Improvements to a third party, the City and the Company agree
that the lessee shall be entitled to the benefits of this Agreement in
proportion to the square footage of the Property leased by the
lessee compared to the total square footage of the Property.
(b) Section 6(e) of the Tax Abatement Agreement is hereby amended to read as
follows:
(e) The Company and/or any lessee of all or a portion
of the Property shall have the right to protest and contest any and
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.
3. The terms of the Tax Abatement Agreement, to the extent not amended by this
First Amendment, otherwise continue in full force and effect.
4. This First Amendment shall be effective on the date that this First Amendment
has been executed by the City and the Company.
CITY OF SCHERTZ
Date o£Execution )ewey P. ~shwell, Jr., City Manger
TADCO/TRI-COUNTY LTD.
By: Trinity Asset Advisors, L.L.C.,
general partner
Date of E~)ecution Robert W. Hunt, Manager and President
THE CZTYOFSCHERTZ
THE STATE OF TEXAS
COUNTY OF ~
This instrument was acknowledged before me on c~q ~--~'day of /~/g~ ,
2002, by Dewey P. Cashwell, 3r., 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 and for the
State of Texas
~/~'~ ~ LIN.,D.A D. _M~, .R. TIN ~ (Printed Name of Notary)
State of T~ ~
TADCO/TR[-COUN~ LTD.
STATE OF TEXAS
County of
This instrument was acknowledged before me on the ~'~"(day of
1(~t A~i ,2002, by Robert W. Hunt Manager and President of Trinity
Asse sots, L.L.~. a Texas limited liability company, and general partner of
FM 3009/ih35 Ltd, a Texas limited partnership as general partner of TADCO TRI-
COUNTY, Ltd, a Texas limited partnership, on behalf of said TADCOfTR]-
COUNTY, LTD.
,~ Notary Public in and for the
~'~D:~'M~TIN ~ State of Texas
~,~,~~~ (Printed Name of Nota~)
My Commission expires: ~-/O-d ~
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tor. r.v crow , 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 notice was
published in said newspaper \ time(s) before the return day named therein, such
publications being on the following dates:
and a newspaper copy of which is hereto attached.
Sw~.)d subscribed before me this /,,~---~-- day of
~ ~ 'A'DI'2002I a~~ ~~
'- , ' Not ry ', uadalupe xas
son at
415 HACKBERRY dington TX#13487 ORDINANCE NO. fbehind
02-T-5 =_dE
Sat. 9 to 1. C~othin9, AMERICAN 8 N FORD TRACTOR
AMENDING A TAX
bikes, ceiing fans, boys ANTIQUE ABATEMENT ~,GREE- Excellenl condition, Dru~ ScrE
clothing. AUCTION MENT BETWEEN THE $2.850. Moving sexes TH
515 SATURDAY MAY 11, CITY OF SCHERTZ $100 830-914-2197 LO(
N. GOODRICH @ 7PM AND TADCO/TRI- ~ MEDI(
Sat. 9-2 4151 FM 725 COUNTY LTD: AND Needs a
Lots of misc. items. NEW BRAUNFELS, TX No corre
625 KATHY DR. Insp. after 2: pm DECLARING AN
-- - EMERGENCY. ence re(:
Sat. 9-6, downsizing, Sec. droo front desk (1- >ASSED, APPROVED twe
too much of everything, childs) OaK Dew 0eriCh '512~398.
furn., clothing, house- 6 oak empire T back AND ADOPTED THE
cbs., OaK roll too, oak 1st day of May, 2002 sersonal
Norma Althouse, EOE
hold_g_?ls, lib. table OaK fireplace City Secretar~
690 IH 10 WEST oak chest, oar< dresser
Saturday, oak saw. mac,., tncy- 310 ' 360
8a.m. to12p.m, cie, iron Dee cedar HILLTI
Lots ofeverthin9 chest, p~ano stools, 3
7~8 E. WAL-NUT pc. oar~o set, toy truc~ IF YOU OR SOME Premier
Fri. & Sat. 9 to 4. 2 & lots morel! ONE YOU KNOW housing
Family sale. Excer. No BP, no smoklr~, Have lost a loved on to seeking
mech., rum., re?c-- major credit cards, cash cancer or wan[ re ere- vated m
750ELM &cheCKsw/pro~erl. D. tect yourself w~th a re- WORK FROM HOME career r
Fri. 9 a.m. to I p.m.. 830-626-2722or fundable cancer policy $10-$20+per/hr. From provided
Lots of nice clothing & (830)609-5014 call Family Hedtage at '~ome &Itve a healthier NANCY.
household items. Rene Range~ 1489 830-303-9025 today, rrestyle. 830-305-6243. or 379~79
791 RENEE ST.
(in alley) Sat. 5/11, 9-3
furniture, clothes,
house~_old ire_ms. __
810 ELLEY
FrL 9 a.m.T.V., VCR,
knockknacks, baby
ems & misc.
926 E. WALNUT '
Sat. May 11, 9am-12.
Men's/women's clothes1
air conditioner, shower
door, misc..
975 JEFFERSON
Sat. 8:30 a.m. to 5 p.m.
Couch, int. doors &
household items.
617 S. RIVER
Sat. 9-12, Family
clothes. Lots of misc.
items.
CheCk