Loading...
2000T15-TAX ABATEMENTORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH METRO AMBULANCE, INC., A PROPERTY OWNER IN THE CITY OF SCHERTZ. WHEREAS, Section 312 of the Texas Property Tax municipalities to abate ad valorem taxes under specific Guidelines and the City of Schertz has adopted specific Guidelines and C~ these provisions; and, WHEREAS, the City Council finds that the application for a ad valorem taxes by Metro Ambulance Inc., meets those Gu Criteria, and further finds the terms of the tax abatement agreerr Exhibit 1 are acceptable; and, WHEREAS, the property owned by Metro Ambulance Inc., Lots 15, 16, and 17 of the Schertz Business Park; and, WHEREAS, a public hearing was held on 20 June 2000, to r, comment on the creation of Schertz Business Park Reinvestment Z~ WHEREAS, the terms of the tax abatement agreement w. substantial long term adverse effect on the provision of the City'., tax base, and the planned use of the property will not constitute public safety, health or morals; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHEi~ THAT, the request for abatement of ad valorem taxe,, Ambulance Inc., is approved. The approved rate is 59.26% for fi Taxes shall be abated on Capital Improvements only. 2ode allows and Criteria, -iteria under [batement of delines and .ent listed at :lescribed as :ceive public )ne 2; and ill cause no ~ selwices or a hazard to '.TZ, TEXAS: ~ by Metro ve (5) years. THAT, thc City Manager is authorized to enter into an agree as Exhibit 1, with Metro Ambulance Inc. Approved on first reading the 20th day of June 2000. PASSED, APPROVED AND ADOPTED this the/~~ day of 2000. ~ent, shown Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (SEAL OF CITY) .o Exhibit 1 Tax Abatement Agreement 1. Parties. This agreement is made and entered into by and between the C Texas (hereinafter called the "City"), and Metro Ambulance Inc called the "Company"). 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 99-T-16, which establis Schertz Guidelines and Criteria for Tax Abatement and Reinv¢ (hereinafter referred to as the "Guidelines and Criteria"). (3) City of Scherm Ordinance 00-T-15 which app] abatement and agreement and authorizes the execution hereof. , (4) City of Schertz Ordinance 00-T-14 which creat s Business Park Reinvestment Zone 2. .ty of Schertz, ., (hereinafter hes the City of :stment Zones :oves this tax the Schertz b. The City, by approval of this agreement, hereby finds the terms of this agreement and the property subject to it, to meet the "(~uidelines and Criteria" as adopted, and further finds there will be' (1) No substantial long-term adverse affect on the px'ovision of City services or tax base; and, (2) no hazard to public safety, health, or morals a the planned use of the property. 3. Property a. The real property is described as Lots 15, 16, and 17, ~2.02 acres), in the Schertz Business Park Subdivision, recorded in Volume 5, pa ige 279B of the Records of Deeds and Plats in Guadalupe County on 1.8 January, 1996, (hereinafter called the "Property"). s the result of -1- ! 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 1999 base year value-'established by the Guad~lupe County Appraisal District is $43,033.00. ' c. The tax account of the Property is 1 G-3325-1003-00100. .. d. A general description of the improvements to be made by the Company is set out in the basic abatement application. 4. Company Representations and Estimates. a. The Company represents they are the owners in fee simple of the Property. The Property is located within the City of Schertz, Schertz Business Park, and within Guadalupe County, Texas. b. The Company represents that the use of the Property is to be as follows: Provision of ambulance services. c. The Company estimates it will make capital .mprovements ("Improvements") to the Property, which will cost ~pproximately $610,804.00. d. The Company represents that a minimum of thirteen (13) new jobs will be created in the City of $chertz in connection with the opsration of the Company on the Property, and it will have an additional annual payroll in the approximate amount of $338,468.00 in facilities located in Schertz, Texas. e. The Company represents that no interest in the Properly is presently held by or leased by and covenants that it shall not sell or lease amy 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 Depax'tment, or any other City officer or employee as long as this agreement is in effec,:. 5. Terms of the Agreement. This Agreement is conditioned on the Company making the following improvements to the Property (hereinafter referred to as the "In.~provements") and fulfilling the following covenants' ! a. Construction of an approximately 17,000 sq ft of buildings, including office spaces. The Company represents that the Improvement t9 the Property will cost approximately $610,804.00 and will be completed during the term of the abatement. -2- b. The Company covenants and agrees that a minimum c new permanent positions will be created in the City of $ch operations of-the Company on the Property within one Commencement Date (defined below) of the tax abatement. A jobs created after the date of execution of this Agreement shall b, new permanent position for purposes of this Agreement. c. The location of the Improvements is more particularly site plan approved by the City of Schertz Planning and Zoning Co: d. The Company covenants and agrees that all Improve~ all times comply with all applicable City building codes an including, but not limited to, flood, subdivision, building, electri fire and life safety codes and ordinances, as amended. Further, covenants to maintain the Improvements in compliance with all codes and ordinances, and in a neat attractive condition with tl area described in the site plan approved by the Plannin~ Commission of the City. e. The Company agrees to pay all ad valorem taxes on th on personal property in a timely manner, whether assessed by t other tax jurisdiction. f. The Company agrees to furnish the Chief Tax Appraiser County with information outlined in Chapter 22, V.A.T.S. amended, as may be necessary for tax abatement and for apprais g. The Company agrees to allow inspection of the Prope~ Manager, or a designee. Such inspection shall be to determine if conditions of the Agreement are being met and for the purpo', compliance with applicable City Codes and ordinances. Insp{ made only after giving a minimum of 24 hours notice and will b~ such a manner as to not unreasonably interfere with the op Property. h. The Company agrees that the Company payroll for p employees in the City at the Property will be approximately throughout the term of the tax abatement. i. The Company agrees annually to certify in writing its c( the terms of this Agreement, which certification shall be filed by the City of Schertz of each year during the Term of the Abat January 15 of the year following the Term of the Abatement. ,f thirteen (13) ertz with the year of the ny permanent considered a described in a remission. nents shall at d ordinances, 2al, plumbing, the Company such building ne landscaped and Zoning Property and he City or any of Guadalupe lax Code, as al purposes. 'ty by the City the terms and ~e of assuring ;ctions will be .~ conducted in eration of the ermanent new $338,468.00 ~mpliance with January 15 to ement and by -3- 6. Terms for the Tax Abatement. a. Provided that the Company complies with its obli~ Section 5 of this Agreement throughout the period of the abatem¢ the entire assessed value of the Improvements located on the Pro exempt from ad valorem taxation for a period of five (5) years. b. No abatement of taxes shall be granted as to personal Company installed or maintained within the Property. c. The abatement shall be for a five year period (the Agreement") commencing on January 1, 2001 (the "Commenc and expiring on the 31 December, 2006 (5th) anniver Commencement Date. Additionally, during the Term of this ^ City agrees not to impose any other taxes or assessments that a be in lieu of ad valorem taxes on the Company, the Prc improvements. d. The Company shall pay all ad valorem taxes due on value of the Property prior to the beginning of the tax abatement. e. The Company shall have the right to protest and cont appraisals or reassessments of the Property, or the Improvement abatement provided for herein for such property shall be applied of taxes finally determined, as a result of such protest or contest. such property. 7. Default/Recapture. a. If the Company refuses or neglects to comply with any this agreement or, if any representation made by the Con Application for Tax Abatement {or this agreement) is false or mis material respect and such refusal or default is not cured within s after notice, this Agreement may be terminated by the City. b. In the event the Company allows ad valorem taxes on t become delinquent and fails to timely and properly follow the le~ for their protest and/or contest, this agreement may be terminate ations under nt, 59.26% of perty shall be roperty of the "Term of this ement Date"), sary of the greement, the :e intended to ,perty or the the assessed ,est any or all s, and the tax p_o the amount to be due for )f the terms of ~pany in the .eading in any ixty (60)days he Property to ;al procedures d by the City. c. In the event the City determines the Company to be inldefault 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 w~th reasonable particularity in such notice are not cured within sixty days from the date of such notice, then this Agreement may be terminated upon writte¢ notice to the Company. / -4- If the City terminates this agreement, taxes without abatement the year in which termination occurred and shall accrue withom all tax years thereafter. However, there shall be no recapture taxes abated by virtue of this Agreement. d. If during the Abatement Period the Company should operations in Schertz, Texas, then the City shall by Ordinance City Council have the right to (i) recapture 100% of the taxes years and the year in which such discontinuance occurs; and this agreement. e. A total bill for any amounts due under Section 7c. hereof will be sent to the Company and the Company agrees t{ amount within sixty days after receipt. Penalty and interest w: accrue until the company has failed to pay any of the amount t the tax roll within sixty days after receipt of the bill, unless satisfactory to the City and the Guadalupe County Tax Assessor~ been made. 8. Notice. All notices shall be in writing, addressed to the Company or t following addresses. If mailed, any notice or communication st to be received three days after the date of deposit in the Unit{ will be due for abatement for of prior years~ ~iscontinue all adopted by-the abated in prior (ii) terminate or Section 7d. ) pay the total 11 not begin to ~laced back on arrangements Collector have he City at the tall be deemed :d States Mail, certified mail, return receipt requested, postage prepaid and properly packaged for delivery. Unless otherwise provided in this agreement, all r~otices shall be delivered to the following address- / To the Company: If mailed or delivered' With copy to: -5- 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 represe Agreement has been approved by affirmative vote of a majority ot of the Schertz City Council at a regularly scheduled meeting. 10. Assignment. This agreement may be assignable to a new ov prior City Council approval as reflected in a duly adopted City Or( 11. General Provisions. This agreement is entered into subject t the holders of outstanding bonds of the City. If the holders c bonds of the City exercise any of their rights so as to diminish benefits of this Agreement, the City agrees to work with the Co~ establishing an alternative agreement with terms similar to this/~ considering any bondholders' rights. 12. Severability. In the event any section, subsection subparagraph, sentence, phrase or word herein is held inva unenforceable, the balance of the Agreement shall stand, shall and shall be read as if the parties intended at all times to delel section, subsection, paragraph, subparagraph, sentence, phras{ such event there shall be substituted for such deleted provision similar in terms and in effect to such deleted provision as may and enforceable. 13. Estoppel Certificate. Either party hereto may request certificate from another party hereto so long as the certificate i,~ connection with a bona fide business purpose. The certific requested, will be addressed to a subsequent purchaser or a,' Company, shall include, but not necessarily be limited to, staten Agreement is in full force and effect without default, if such is remaining term of this Agreement, the levels of tax abatement such other matters reasonably requested by the party(ies) t certificate. 14. Applicable Law. This Agreement shall be construed und{ State of Texas and is performable in Guadalupe County, Texas. nts that this the members ~ner only with tinance. o the fights of ,f outstanding the effects or npany toward greement and ., paragraph, .id, illegal, or )e enforceable :e said invalid or word. In a provision as be valid, legal an estoppel ; requested in :ate, which if ~signee of the tents that this the case, the in effect, and o receive the :r laws of the -6- 15. Binding on Successors and Assigns. This agreement will ~e binding on and inure to the benefit of the parties hereto and their respect ve successors and permitted assigns. 16. Date. This agreement hail been e×eeuted by.,the parfia~.i~ multiI~l~ originals, each having full force and effect on this the ~/4 day 200_/. For Th% Company By: _ For The CITY OF SCHERTZ By: Steve Simonson ATrEST: Norma Althouse City Secretary Seal of the City State of Texas' County of T~'s instrl~.ej~t was acknowledged before me on ,._.71.~5..~ ~ /_~~,M .,, ,of Metro Ambulance Inc., a corporation, on behalf of said corporation. (SEAL) NORMA AL]HOUSE Notary Public in and for the State of Texas ? (Printed Name of Notary) My commission expires' -7- / ?,,, ,2oo , TH E STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on ~J~ Steve Simonson, City Manager of the City of Schertz, Texas, and body politic formed under the laws of the State of Texa,~ said municipality. (SEAL) Notary Public in and for the State of Texas (Printed Name of Notary) My commission expires://~// -8- / ,2oofl, by municipality on behalf of PUBLISHER'S AFFIDAVIT 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 stys that he is the Publisher of The Seguin Gazette-Enterprise, a newspaper published in raid county; that a copy of the within and foregoing notice was published in said newspaper 1 time before the return clay named therein, such publications being on the following lates' July 28, 2000 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me this Y'~day of July A.D., 20 0. ~otary Public, Guadalupl County, Texas PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared known to me, who, being by me duly sworn, on his oath deposes and s~ Publisher of The Se§uin Gazette-Enterprise, a newspaper published in L. A. Reynolds, ~ys that he is the ;aid county; that a copy of the within and foregoing notice was published in said newspaper 1 time before the return day named therein, such publications being on the following !ates' July 28, 2000 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me this ,=..'~/~ay of July A.D., 20 Notary Public, Guadalup )0. County, Texas