2003T02-CRITERIA TAX ABATEMENT ORDINANCE NO.
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, ADOPTING GUIDELINES
AND CRITERIA FOR TAX ABATEMENT AND
RE-INVESTMENT ZONES
WHEREAS, the Texas Property Tax Code, Section 312, allows governing
units to provide ad valorem tax abatements in the interests of economic
development; and
WHEREAS, the City Council desires to support the establishment of re-
investment zones and provide tax abatements in the interests of economic
development; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT the City Council adopts the City of Schertz Guidelines and Criteria
for Tax Abatement and Re-Investment Zones, as attached and made a part
hereof.
THAT this ordinance replaces Ordinance No. 01-T-9 in its entirety and
will be effective on t January 2003, and will expire on 31 December 2004, a
period of two years.
Approved on first reading the'~'~-da of ~ t~/~t ~ 2003
PASSED, APPROVED AND ADOPTED/....~_~:~d/~this the ,i ~tay of ~.~/~.~ ¢j 2003.
/Mayor, City of Schertz, Texas
ATTEST
C~ty Secre~ax~', City of Schertz
(SEAL OF CITY)
CITY OF SCHERTZ GUIDELINES AND CRITERIA FOR
TAX ABATEMENT AND REINVESTMENT ZONES
1. Introduction
a. Under the Authority of the Property Redevelopment and Tax
Abatement Act (Section 312 et. Seq. Texas Property Tax Code), the City of
Schertz hereby establishes Guidelines and Criteria for Tax Abatements and
Reinvestment Zones.
b. The intent of this abatement program is to provide an incentive to
current and future commercial property owners to invest in the City of Schertz.
These guidelines are but a part of the overall incentive program of the City of
Schertz. Abatements granted under this program must take into account any
other incentives provided by the City in order to assure the overall incentive
package is in the best interests of the citizens of Schertz.
c. Nothing in this policy shall imply or suggest that the City of Schertz is
under any obligation to provide any incentive to any applicant. All such
applications for tax abatement and other economic development incentives
shall be considered on an individual basis. The City Council of the City of
Schertz has final approval or disapproval on any application, at its discretion.
2. Definitions
a. "Abatement" means the full or partial exemption from partial
exemption from ad valorem taxes of certain real property in a reinvestment
zone designated for economic development purposes.
b. "Reinvestment Zone~ is an area where the City has decided to
influence development patterns and attract major investments that will
contribute to the development of the City through the use of tax abatement.
c. '~Modernization" means the replacement and upgrading of existing
facilities that increases the productive input or output, updates the technolo~y
or substantially lowers the cost of operation. Modernization may result from
the construction, alteration, or installation of buildings, structures, fixed
machinery or equipment. It shall not be for the purpose of reconditioning,
refurbishing, or repairing.
d. "Base Year Value" means the assessed value of property on the 1st of
January preceding the execution of the agreement.
e. "Manufacturing or Assembly~ means those companies that make goods
from raw materials or assemble component parts into a final product for sale.
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f. "Capital Improvement" is defined as any building or other structural
improvement that increases the assessed value of existing real property in the
City of Schertz.
g. "Personal Property" is defined, as Capital Equipment required in the
manufacture of an end product. It is not inventory that is used up in the
manufacture of an end product.
h. "Other City Revenue" means revenue to the City of Schertz from any
other source excepting ad valorem taxes.
3. Criteria for Reinvestment Zones. To be designated a reinvestment zone, an
area must meet one of the criteria per Sub-Chapter B of the Property
Redevelopment and Tax Abatement Act. The fundamental criteria is based on
City Council intent to create reinvestment zones where creation of such a zone
would be reasonably likely to contribute to the retention or expansion of
primary employment, attract investment into the zone, generally be a benefit to
the property, and contribute to the economic development of the City of
Schertz.
4. Impact of Municipal Tax Abatement on Other Taxing Units.
a. The benefits of tax abatements may vary among taxing entities
depending on whether or not the taxing jurisdiction receives benefits from an
increase in business activity. These Guidelines and Criteria take into account
these potential differences.
b. However, Section 312.206 of the State Property Tax Code also
recognizes the need for consistency in the application of tax abatements among
the various taxing jurisdictions. Paragraphs six (6) and seven (7} below,
outlines the basic tax abatement to be provided for Capital Improvements
and/or Personal Property.
c. Paragraphs eight (8} and nine (9) are optional and special abatement
provisions. Other taxing entities have the option of including or not including
these provisions in the their agreements made with landowners.
5. General Abatement Criteria
a. Creation of New Value. Abatement may be granted for the additional
value of eligible real property improvements subject to such Iimitations as the
City of Schertz may require, and;
(1) Must be reasonably expected to increase the appraisal value of
the improved property;
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{2) Must be expected to promote increased employment based on
the number of permanent jobs and sustained in each year of
the abatement.
(3) Should not merely transfer existing employment from one part
of the City to another without demonstrating increased future
investment {dollars or jobs) or unusual circumstances whereby
without such a move, employment is likely to be reduced.
b. The City shall not enter into an abatement agreement if the City
Council finds that the Application for Tax Abatement was filed after the
commencement of construction, expansion, or modernization.
e. No abatement will be approved that exceeds 90 percent of new
appraised value of Capital Improvements and/or Personal Property, or that will
reduce current ad valorem revenues.
d. If the computed percentage from a standard abatement in Table 1,
and any additive percentage from the optional or special categories as defined
below exceeds 90 percent, an extension of the five {5) year term may be
considered. The extended term may not exceed a maximum of 10 years.
e. No tax abatement shall be considered if the ad valorem cost/benefit
ratio developed during the evaluation process is below 1.5. If necessary,
abatement percentages ma? be adiusted to fit the ratio.
6. Standard Abatement
a. The standard tax abatement, under provisions of paragraph 5c, is for
a period of five {5) years and is based solely on Capital Improvements to real
property. Table 1 establishes the Capital Improvements required and the
percentages allowed. The percentages are only cumulative for each additional
$50,000 of Approved Capital Improvements over the $75,000 threshold.
Table 1
STANDARD FIVE-YEAR ABATEMENT
Percent Abatement Approved Capital Improvements
5% Under $75,000 that doubles the
assessed value
10% $75,000
1% Each additional $50,000
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7. Personal Property Abatement.
a. Abatement of Personal Property is considered as a special category of
abatement intended for manufacturing companies. However, any applicant
whose Personal Property exceeds Capital Improvements to real property may
apply.
Table 2
Personal Property Abatement
Percent Abated Amount of Personal
Property Declared
10% Under $1,000,000 but Personal
Property exceeds Capital
Improvements
10% $1,000,000
1% Each additional $100,000
b. A minimum of $1,000,000 in Personal Property is required to qualify
for Personal Property abatement unless the Personal Property exceeds the
Capital Improvement.
c. The standard term of Personal Property abatement is (5) five years.
d. The term of the Personal Property abatement will run concurrently
with any abatement approved for Capital Improvements derived from Table 1,
Optional Abatements, and or Special Abatements. The term of the Personal
Property abatement shall not exceed the term allowed for Capital Improvements
derived from Table 1, Optional Abatements, and/or Special Abatements.
e. The provisions of paragraph 5c above apply.
f. Changes in valuations of personal property from year to year, whether
increases or decreases, will not be cause to re-negotiate increases or decreases
in the approved abatement percentage.
8. Optional Abatement Additives
a. Optional Criteria. The following optional abatements may also be
considered with each abatement request. These optional abatements are to be
considered separate and apart from the standard abatement above and may be
added by the City or other taxing entities at their discretion.
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(1) Job creation has always been an underlying goal of economic
development activity. The City of Schertz considers jobs to be
an important part of this program and will consider lower dollar
value assessments in recognition of new employment growth.
For each $25,000 of additional payroll in facilities based in
Schertz, one (1) percent will be added to the standard
abatement as derived from Table 1.
(2) Other Revenues. Other revenues that inure to a taxing entity
include sales taxes, hotel/motel taxes, and any other source of
revenue apart from ad valorem. Those businesses that make a
substantial contribution to the "other revenue" stream may also
request additive abatement percentages based on those
revenues. Subject to paragraph 5c, for each $1,000 of added
"other revenues" received by the City, an additional two (2}
percent will be added to the percentage established by the
standard abatement in Table 1.
(3) Business Retention. Current business retention and growth is
a key to continued stability of the commercial tax base. Subject
to paragraph 5c, an additional 25 percent will be added to the
percentage established by the standard abatement in Table 1
for those businesses currently based in the City of Schertz.
b. In all cases, to be considered for the optional abatement, the
applicant must meet the initial $75,000 capital improvement criteria of the
standard abatement as outlined in Table 1. Subject to paragraph 5c, the
period of the abatement of each of the optional additives will run concurrently
with the approved rate from the standard criteria in Table 1.
c. These optional abatements will be included in the terms of the
abatement agreement. The agreement will provide that other taxing entities
may or may not choose to allow these abatements in the same amounts.
9. Special Abatements
a. Research has indicated the City of Schertz has special qualifications
and needs for certain industries. These industries are those we believe to be
critical to our future development and, as such, should receive special
consideration. The underlying philosophy is to diversify/expand the
commercial tax base.
(1) Hotel/Motel/Retail Operations. To qualify for this special
abatement, companies must have a minimum capital
investment of $500,000.
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{2} Industries in a Foreign Trade Zone. With the approval of the
Tri-County Business Park as a Foreign Trade Zone, special
consideration should be given to companies that use the
Foreign Trade Zone as defined below.
{3) Enterprise Zones. Companies that locate in approved
Enterprise Zones and meet the requirements of a "qualified
business" as defined in the Enterprise Zone Act may qualify for
the special abatement criteria as defined below.
b. For companies in the broad categories above, Table 1 criteria is
modified as follows: After achieving the initial $75,000 capital investment,
($500,000 for Hotel/Motel/Retail} and subject to paragraph 5c, a one (1}
percent abatement may be granted for each additional $25,000 of capital
investment.
c. These special abatements will be included in the terms of the
abatement agreement. The agreement will provide that other taxing entities
may or may not choose to allow these abatements in the same amounts.
10. Variances
a. The General Abatement Criteria in this document establishes the basic
parameters. If the requested abatement deviates in any substantive way from
the criteria established herein, a variance is required.
b. Any variance must be requested and justified in the basic application.
Approval of a variance request requires a three-fourths vote of the City Council.
In no cases shall variances be approved that exceed an abatement of 90
percent of new appraised value or for an abatement term that exceeds 10
years.
11. Application Procedures
a. Applicability and Eligibility. These abatement Guidelines and Criteria
apply to any present or potential owner of taxable commercial property in the
City of Schertz.
b. Procedures for Tax Abatement Application. To apply for Tax
Abatement in the City of Schertz, applicants must complete the following steps:
(1) Complete the City of Schertz Application for Tax Abatement
{Exhibit A).
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(2) Provide two completed applications to the City's Economic
Development Department for further distribution to the City
Manager.
(3) Provide two copies of the site plan to the City's Economic
Development Department for further distribution to the City
Manager that shows the building footprint, landscaping,
fencing, etc. A site plan approved (or proposed) by the City of
Schertz Planning and Zoning Commission will satisfy this
requirement.
{c) The Economic Development Department may forward the application
to appropriate City departments {Planning and Zoning, Building Inspections,
Fire, Public Works, Police, etc.) for staff review and comments.
(d) After staff review, the City's Economic Development Commission will
review the application for policy implications, and make a recommendation to
the City Council {through the City Manager) to approve, modify, or disapprove
the requested abatement. The Economic Development Commission may also
return the application to the Economic Development Department for additional
information without action.
(e) If the Economic Development Commission recommends approval, the
City's Economic Development Department shall notify the presiding officer of
the governing body of each taxing jurisdiction in writing.
(I) The City Manager will forward the application to City Council with
comments and/or recommendations. The City Manager may also return the
application to staff or the commission for additional information if necessary.
{g) The City Council will consider the application and all comments and
recommendations. If the City Council concludes that the application has
merit, the City Council will approve the original or modified application for
abatement by ordinance and authorize the City Manager to enter into an
abatement agreement within the guidelines established within the ordinance.
If a variance was requested, the City Council must adopt the ordinance by a
three-fourths vote.
(h) In order to enter into a tax abatement agreement, the City Council of
Schertz must find that the terms of the proposed agreement meet these
Guidelines and Criteria and that:
(1) There will be no substantial long-term adverse effect on the
provision of the City's service or tax base; and
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(2) The planned use of the property will not constitute a hazard to
public safety, health, or morals.
(j) If the City Council does not believe the application has merit, a motion
to disapprove the application shall be considered and acted upon.
(k) The City Council explicitly states that tax abatement is not applicable
to projects wherein the primary purpose of the business is serving alcoholic
beverages or where nudity is involved.
(1) One major policy function during this review is the creation of new re-
investment zones and the size of such a zone as a result of the application,
unless the property is already in a re-investment zone (See paragraph 12).
12. Public Hearings
a. By state law, the governing body of a city may not adopt an ordinance
designating a reinvestment zone until it has held a public hearing at which
interested persons are entitled to speak and present evidence for or against the
designation. Notice of such hearing shall be published in a local newspaper
having general circulation within the City of Schertz, at least seven days prior
to the public hearing. The presiding officers of other taxing jurisdictions shall
be notified in writing at least seven days prior to the public hearing.
b. After the public hearing, City Council may pass an Ordinance
approving the Re-Investment Zone, or, pass a motion to disapprove.
13. Tax Abatement Agreement
a. After approval of an ordinance by the City Council, the City Manager
shall enter into an agreement with the applicant that may include:
(1) Estimated new value to be abated and the base year value;
(2) The commencement date and the termination date of the
abatement for Capital Improvements; and/or a Personal
Property abatement.
(3) The proposed use of the facility, the proposed construction or
modernization time schedule;
(4) A map or approved plat of the property and a property
description;
(5) Contractual obligations in the event of default, violation of
terms or conditions, delinquent taxes, recapture, administration
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and assignment, or other provisions that may be required for
uniformity or state law;
(6) Amount of investment and average number of jobs involved;
(7) Percent to be abated as provided by paragraphs 5, 6, and 7 of
the Tax Abatement Guidelines and Criteria.
(8) The City Council may approve the Tax Abatement and the
abatement agreement in a single ordinance if all other statutory
and evaluation requirements have been met.
b. The agreement shall stipulate the employees and/or designated
representatives of the City of Schertz will have access to the applicant's
property/reinvestment zone during the term of the abatement to inspect the
facility to determine if the terms and conditions of the agreement are being
met. All inspections will be made only after giving of twenty-four (24) hours'
prior notice and will only be conducted in such manner as to not unreasonably
interfere with the construction and/or operation of the facility.
c. The agreement shall also include, within the terms of the agreement,
those portions of the abatement amounts that are optional for other taxing
entities.
d. The agreement shall also include a statement by the company, that
on or prior to January 15th of each year during the term of the abatement, they
will provide the Economic Development Department a letter certifying the
company meets or exceeds the criteria upon which the abatement was
approved. Failure to do so may constitute default by the company, and cause
termination of the agreement.
14. Default and Recapture
a. In the event that the facility is completed, begins producing products
or services, but subsequently discontinues producing products or services for
any reason excepting fire, explosion or other casualty or accident or natural
disaster for a period of one year during the abatement period, then the
agreement shall terminate and so shall the abatement of taxes for the calendar
year during which the facility no longer produces.
b. Should the City of Schertz determine that the company or individuals
are in default according to the terms and conditions of its agreement, the City
of Schertz may terminate the agreement. Taxes will be due in full for the year
in which the agreement is terminated.
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c. The Tax Abatement agreement may be terminated in the event that the
company or individuals:
(1) Allows ad valorem taxes owed to the City of Schertz or other
taxing entities who are party to the abatement to become
delinquent, and fails to timely and properly follow the legal
procedures for the protest and/or contest; or,
(2) Violates any of the terms and conditions of the abatement; or,
(3) Is in default with any other City sponsored program.
d. Taxes will be due in full for the year in which the agreement was
terminated in Section 13c(1), (2), or (3) above.
e. During the abatement period, if the company decides to relocate the
company to a location outside of the designated reinvestment zone, or the City
of Schertz and remains in business, the City of Schertz by an Ordinance
adopted by City Council, shall have the right to recapture taxes abated in all
previous years.
15. General Administration
a. The Chief Appraiser of the Comal, Bexar, or Guadalupe Appraisal
District shall annually determine an assessment of the real and Personal
Property comprising the reinvestment zone. Each year, the company or
individual receiving abatement shall furnish the Chief Appraiser with such
information as necessary. Once value has been established, the Chief
Appraiser shall notify the affected jurisdiction in the normal fashion.
b. Each year the City Tax Assessor will review all approved abatements
and determine the adjustment to ad valorem taxes based on the abatement
agreement.
c. The Economic Development Department shall retain administrative
responsibility and control over all abatement agreements, and their
administration.
16. Assignment. Tax abatement agreements may be assignable to a new
owner only with City Council approval.
17. Sunset Provision.
a. These Guidelines and Criteria are effective upon the date of their
adoption and will remain in force for two (2) years, at which time all
reinvestment zones and tax abatement contracts pursuant to it's provisions
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will be reviewed by the City of Schertz to determine whether the goals of
Guidelines and Criteria have been achieved and followed. Based on that
review, the Guidelines and Criteria will be modified, renewed or eliminated as
necessary.
b. During the two-year period, the Guidelines and Criteria may be
amended or repealed only by a majority vote of three-fourths of the City
Council.
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City of Schertz
4pplication for Tax Abatement
Please respond to the following information and submit the application and supporting information
by mail: Economic Development Department, 1400 Schertz Parkway, Schertz, TX 78154;
FAX: 210-658-9627, or by email: amadisonC~ci.schertz.tx.us
1. CONTACT INFORMATION: Please complete all that apply.
Company: Tax ID#
Contact Person: , Title:
Address:
Phone: Fax: Cell:
SIC CODE: __Email: Web Page:
2. BASIC DATA: Please give location (i.e. legal, industrial park if applicable), total acreage,
and land value.
3. PROJECT DESCRIPTION: Please provide a complete description of the project and the
intended use.
Is the project a re-location, expansion of existing Schertz facility, or a new facility to expand
operations? If re-locating or consolidating, please give location of current facilities.
Will the occupants of the project be owner or lessees?
4. DEVELOPMENT CONCEPT: Please describe the concept for development of the project.
Building Type: (# of stories, style, materials, etc.)
Development Concept: (single building or campus setting, open space, surface or structured
parking, acreage, vehicular access, etc.)
CityofSchertz, Texas - Application for Tax Abatement - 12/31/2002 -Page 1 of 4
5. TIMING QUESTIONS: Please provide an estimation of the following timing questions.
Month / Year Item
(e.g. Jan 2002)
First development application (zoning, site plan, etc.)
Ground breaking
Phase I occupancy
6. PROJECT CRITERIA: Please complete for ail phases anticipated.
Category Approximate Dates by Phase
Ph 1: Ph II: Ph III:
Building construction in square feet s.f. s.f. s.f.
Construction value $ $ $
Land value $ $ $
Personal property value $ $ $
Annual sales tax (generated here) $ $ $
Annual hotel/motel tax $ $ $
Total annual inventory $ $ $
Total annual payroll $ $ $
Total number of employees $ $ $
Please give a brief description of the jobs at the ne~v facility.
For personal property abatement requests, please list all capital equipment to be installed
and estimated costs:
7. SUPPORTING INFORMATION PROVIDED: Check all that apply.
Yes No Item
Company description
Annual report
Cover letter with request
Financial or credit rating report or similar evaluation
Other:
City of Schertz, Texas - Application for Tax Abatement - 12/31/2002 - Page 2 of 4
8. GENERAL COMMENTS FROM APPLICANT: Provide any comments here or on
attached sheet.
APPLICANT SIGNATURE: (NAME)
(TITLE)
(COMPANY)
(DATE)
City of Schertz, Texas -Application for Tax Abatement - 12/31/2002 - Page 3 of 4
City of Schertz
Tax Abatement Approval Process
1. Complete the attached application and return two copies to the Economic
Development Department. ED Director will distribute a copy to the City
Manager.
2. The completed application is forwarded to appropriate City departments for
staff review and comments.
3. Applicants must supply a site plan that has been approved (proposed) by the
Planning and Zoning Commission for review by the Economic Development
Department, City Manager, Economic Development Commission and City
Council.
4. The City's Economic Development Commission reviews the application and
site plan, and makes recommendation to City Council to approve, modify,
request more information before approval, or disapprove the requested
abatement.
5. If the ED Commission recommends approval of the tax abatement, the ED
Director forwards the application, along with a recommendation to create a
reinvestment zone, to the City Manager. The City Manager reviews the
application, site plan, and forwards the application to the City Council with
comments and/or recommendations for both the tax abatement and
reinvestment zone.
6. City Council approval of the reinvestment zone requires a public hearing.
Following the hearing, City Council may approve or disapprove the abatement
and reinvestment zone ordinances.
City of Schertz, Texas - Application for Tax Abatement - 12/31/2002 - Page 4 of 4
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