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97-T-4 Tax Abatement " ." ~ 'J ORDINANCE NO. 97- -r - ~ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ADOPl'ING GUIDELINES AND CRITERIA FOR TAX ABATEMENT AND RE- INVES'lMENT ZONES WHEREAS, the Texas Property Tax Code, Section 312, allows governing mrits to provide ad valorem tax abatements in the interests of econanic develo};meIlt; and WHEREAS, the City' Cotmcil desires to support the establishment of re-investrnent zones and provide tax abatements in the interests of econanic developnent; NCM THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF saiERTZ, TEXAS: THAT the City Cotmcil adopts the City of Schertz Guidelines and Criteria for Tax Abatement and Re-Investrnent Zones, as attached and made a part hereof. THAT this ordinance replaces Ordinance No. 94-T-33 in its entirety and will be effective on 1 January, 1997, and will expire on 31 December, 1998, a period of two years. Approved on first reading th...?b<day of a 1997 ~, ~MID ~ ~sb!~~1997 Mayor, City of Schertz, Texas A~ ~~ City Secretary, 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 the City of Schertz is under any obligation to provide incentive to any applicant. All such applications for abatement and other economic development incentives shall considered on an individual basis. The City Council of City of Schertz has final approval or disapproval on application, at its discretion. that any tax be the any 2. Definitions a. "Abatement" means the full or partial exemption from ad valorem taxes of certain real property in a reinvestment zone designated for economic development purposes. b. "Reinvestment Zone,i 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 which increases the productive input or output, updates the technology 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 eligible property on the 1st of execution of the agreement. the assessed value of January preceding the -1- (3) should not have the effect of merely transferring existing employment from one part of the City of Schertz to another without demonstration of increased future investment (Dollars or Jobs) or unusual circumstances whereby without such a move employment is likely to be reduced. b. if, the Abatement expansion The City shall not enter into an abatement agreement City Council finds that the Application for Tax was filed after the commencement of construction, or modernization. c. No abatement will be approved that exceeds 90% of new appraised value or that will reduce current ad valorem revenues. If the computed percentage from a standard abatement in Table I, and any additive percentage as defined below, exceeds 90% of appraised new value, an extension of the abatement term beyond 5 years may be considered, up to a maximum of 10 years. 6. Standard Abatement a. The standard tax abatement is for a period of 5 years and is based so~ely on capital improvements to real property. Table 1 below establishes the level of capital improvements required and the percentages to be allowed. Table 1 STANDARD FIVE-YEAR ABATEMENT Percent Abatement 0% Capital Cost of the Projected Improvements o - Less than double the current assessed value 5% 10% Double the assessed value 1% $75,000 of approved capital improvements. For each additional $45,000 of approved Capital Improvements. -3- b. In all cases, in order to be considered for the optional abatement, the applicant must meet the initial $75,000.00 capital improvement criteria of the standard abatement as outlined in Table 1. In addition, 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, subject to paragraph 6b. terms that, these c. These optional abatements will be included in the of the abatement agreement. The agreement will provide other taxing entities mayor may not choose to allow abatements, in the same amounts. 8. Special Abatements a. Research has indicated the City of Schertz has special qualifications for certain industries, as well as 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 Operations. With an additional hotel, the city would derive considerable additional revenues in several areas. The development of a hotel/motel complex would also upgrade the image of the city. (2) Industries in a Foreign Trade Zone. With the approval of the Tri-County business park asa Foreign Trade Zone, consideration should be given to increase incentives for companies that deal in international trade. (3) Recycling Industries. Recycling is considered by many to be an industry of the future. Providing incentives to develop such an industry in Schertz is a prudent course. Such industry however, should not in and of itself cause pollution beyond that of the light industry. category outlined in current zoning regulations. (4) Enterprise Zones. Companies that locate in approved Enterprise Zones, that meet the requirements of a "qualified business" as defined in the Enterprise Zone Act, may qualify for the special abatement criteria as defined below. -5- (4) If an abatement request is based on the tax, briefly describe the products or services taxed and an estimate of taxes to be collected. sales being (5) The tax I.D. of the property. (6) A site plan 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. d. The completed application will be presented to the City's Economic, Development Department. A copy of the application will be provided to the City Manager. e. The application may be forwarded to appropriate City departments (Planning and Zoning, Building Inspections, Fire, Public Works, POlice, etc.) for staff review and comments. f. 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. g. If the Economic Development Commission recommends approval, the City's Economic Development Department shall notify in writing the presiding officer of the governing body of each taxing jurisdiction. h. 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. i. 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, City Council must adopt the ordnance by a three-fourths vote of the entire council. j. In order to enter City Council of Schertz proposed agreement meet that: into a tax abatement agreement, the must find that the terms of the these Guidelines and Criteria and -7- (2) the commencement date and the termination date of abatement; (3) the proposed use of the facility, the proposed construction/modernization time schedule; (4) a map or approved plat of the property and a, property description; (5) violation recapture, provisions law; contractual obligations in the event of default, of terms or conditions, delinquent taxes, administration and assignment, or other that may be required for uniformity or state (6) amount of investment and average number of jobs involved; (7) percent to be abated as provided by paragraphs 5, 6, and 7 above. (8) , City Council may approve the Tax Abatement the abatement agreement in a single ordinance if other statutory and evaluation requirements have met. and all been b. The agreement shall stipulate the employees and/or designated representatives of the City of Schertz will have access to the applicants 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 indicate, 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 may constitute a default by the company, and cause termination of the agreement. 13. Defaul t and Recapture a. In the event that the facility is completed and begins producing products or services, but SUbsequently discontinues producing products or services for any reason excepting fire, explosion or other casualty or accident or -9- . ' 15. Assignment. Tax abatement agreements may be assignable to a new owner only with City Council approval. 16. Sunset Provision. a. These Guidelines and Criteria are effective upon the date of their adoption and will remain in force for two years, at which time all reinvestment zones and tax abatement contracts pursuant to it's provisions will be reviewed by the City of Schertz to determine whether the goals of Guidelines and Criteria have been achieved and Guidelines and Criteria have been followed. Based on that review, the Guidelines will be modified, renewed or eliminated as necessary. b. During the two year period, the Criteria may be amended or repealed only three-fourths of the City Council. Guidelines by a vote and of -11- . ~~1" J~ ?1/1/ 1hrtf; ~?~ ~~ p /J,t )/V L.A. R3YNOLDS known PUBLISHER's'AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared ~.. "-'~!~?~11J:'~ 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 publications being on the following dates: FEBRUARY 9, 1997 FEBRUARY 13, 1997 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me, this 18th FEBRUARY 97 A.D., 19 day of /Jftv~\"~ '" ~ ..-_ <9( '". g ~~y*~\O\ RUTH AYERS i . ! i . J Nolary PublIc, Stare 01 TIllGlS ~ 'K ~ / ! My Commission Expires 12-21-1999 .." lP;- ./.~~" II~ ~" -,- ~;I'''.oF '\\\,,~~~- " . Notary Public, Guadalupe County, Texas OFiDINANCENO. 97~T-4 By;th~J~i~ Council of the City of Schertz, Texas, adopting guidelines and cri- teria for Tax Abatement and Re-investment zones. Passed, Approved and Adopted the 4th day of Fe~ bruary, 1997. Norma Althouse City Secretary. .. 11 0 Le!, 'I Jotlr:s ORDINANCE NO. 97-T-4 By the City Council of the City of Schertz, Texa~, adoptil'1g guidelin~s and cn- teria for Tax Abatement and Re-investment zones. Passed, Approved and Adopted the 4th day of Fe- bruary, 1997. . Norma Althouse City Secreta!:,! PUBLISHER'S AFFIDAVIT ,Il.,,~/ ~ j)~ T-r- ~ ~ tJ#f~~ YJ;/~) ~ ~/~.q[) ~ " THE STATE OF TEXAS, County of Guadalupe 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 AD was published in said newspaper 2 times before the return day named therein, such publications being on the following dates: J ANIJARY /.4. 1 qcn JANUARY 30, 1997 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me, this 31st day of JANUARY AD., 19 97 ..........~Y).~.. !~~;*~''''''.''''~~\ RUTH AYERS ~ 'l ",I. J . J Nolary Public, Stare 01 T8lGIS \,~\, /", J MyCommissionExpiresl2-21-1999 1\~\':{fo'F'-;:~"':.:F" '. \'\'\,',....,~ ,...........,. ",.-'....,. ~~ Notary Public, Guadalupe County, Texas < .,..~.' .... 11 0 Legal Notices AN ORDINANCE By the City Council of the City of Schertz, Texa~, adopting guidelines and cn- teria for Tax Abatement and Re-investment zones. . Approved' on First reading the 21st day of January, 1997. Norma Althouse City Secretary AN ORDINANCE By the City Council of the ' City of Schertz, Texas,' adoptirlQJluidel~s and cri-. teria for Tax Abatement and, Re-investment Zones. Approved on First reading the 21st day of January, 1997. Norma Althouse City Secretary