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2003T19-TAX ABATEMENTORDINANCE NO./9 AN ORDINANCE THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH LEGACY GENERAL CONTRACTORS, 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 Guidelin{ and the City of Schertz has adopted specific Guidelines and these provisions; and, WHEREAS, the City Council finds that the application fo ad valorem taxes by LEGACY GENERAL CONTRACTORS, INC Guidelines and Criteria, and further finds the terms of the agreement listed at Exhibit 1 are acceptable; and, WHEREAS, the property, 12-acres, is owned by LEG~ CONTRACTORS, INC., described as approximately 12-acres tract in Vol. 1284, pg.525 Guadalupe County, Texas out of origi~ tract in Vol. 873, pg. 734, Guadalupe County, Texas. All of 19. in the Toribo Herrera Survey No. 68, ABS 153, City of Sch{ County, Texas, together with abutter's rights of access to physically open and publicly maintained streets known as I Parkway; and, Code allows s and Criteria, Criteria under r abatement of ., meets those tax abatement [CY GENERAL of 37.19 I-acre ~al 40.982-acre ¢88 acres being rtz, Guadalupe and from the H35 & Schertz WHEREAS, a public hearing was held on ~., .- /'7-g~.5 , to receive public comment on the creation of a reinvestment zone named LEGACY ZONE; and WHEREAS, a variance for a tax abatement for multi-faxnily commercial property has been granted based on an agreement with LE£~ACY GENERAL CONTRACTORS, INC. to complete a 1200-foot road to allow safe circulation throughout the 19.588 acres between the access road on 1/35 and Schertz Parkway; and WHEREAS, the terms of the tax abatement agreemel~t will cause no substantial long term adverse effect on the provision of the City's services or tax base, and the planned use of the property will not constitul public safety, health or morals; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCH[ THAT, the request for abatement of ad valorem taxel GENERAL CONTRACTORS, INC., is approved. The approved Taxes shall be abated on capital improvements only. THAT, the City Manager is authorized to enter into an agr{ as Exhibit 1, with LEGACY GENERAL CONTRACTORS, INC. Approved on first reading the ';7/~/0f ~z.~z~. PASSED, APPROVED AND ED t he Mayor, Cit Schertz, Texas :e a hazard to ~RTZ, TEXAS: by LEGACY · ate is 33.8%. :ement, shown ,2003. ATTEST: Ci'ty[Secr~ar~, City of Schertz (SEAL OF CITY) PUBLISHER'S A~FIDAVIT TH E STATE O F TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared , known to me, who, bein sworn, en his oath deposes and says that he is the Publisher of The Seg Enterprise, a newspaFer of general circulatien, published in said count,/; the within and f~reg~ing notice was published in said newspaper [ the return da,/named therein, such publicatiens being on tlne fcil~wing d g by me duly t:in Gazette- hat a copy of ~ime(s) before Lte$: and a newspaper copy of which is hereto attached. ORDINANCE ~NO.~ THE CITY "- OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH LEGACY GENERAL CONTRAC- TORS, INC., A PROP- ERTY OWNER IN THE CITY OF SCHERTZ. PASSED, APPROVED AND ADOPTED THE 1st day of JULY 2003. Mary Ybarra, Deputy City Secretary Swo? to-a~d sub.scribed before me this A.D., 2003. CAROL ANN AVERY My Comm/sstc~ E~ir~ 08-3~-2004 day of Notary Public, GuadaluPe County, Texas PUBLISHER'S A =FIDAVIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared , known to me, who, bein, sworn, on his oath deposes and says that he is the Publisher of The Segu Enterprise, a newspaper of general circulation, published in said county; tt the within and foregoing notice was published in said newspaper ti: the return day named therein, such publications being on the following dot by me duly Gazette- tat a copy cf me(s) before es: _. ,. AN ORDINANCE BY' THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX AGREEMENT BY THE CITY COUNCIL FOR AND WITH LEG- ACY GENERAL CON- TRACTORS, INC., A PROPERTY OWNER IN THE CITY OF SCHER'I'Z. and a newspaper copy of which is hereto attached. CAROL ANN AVERY 08-31-2004 Approved on first read- ing the 17th day of June 2003. Norma Althouse, City Secretary N otary Public, Guadalup , T xa WHITE-CONLEE BUILDERS, LTD. 4711 SHAVANO 0AK~ SUITE 1OO SAN ANTONIO, TEXAS 78240 (210) 492-1300 FAX (210) 492-2510 April 26, 2004 Ms. Amy Madison Economic Development Director City of Schetz 1400 Schertz Parkway Schertz, Texas 78194 Re: Tax Abatement for Legacy Oaks Apts. Dear Ms. Madison: This letter confirms that the name for the tax abatement documents shou] name of the owner of the property, which is L.O. Apamuents, LTD. Please it* you need anything further. John ~. White General Partner Jcw:ef IVED .d be the legal let me know 1400 SCHERTZ PARKWAY P.O. DRAWER I SCHERTZ, TEXAS 78154-0890 (210) 658-7477 EXT. 1113 FAX (210) 659-3204 April 14, 2004 Mr. John White Legacy General Contractors 4711 Shavano Oak, Suite # 100 San Antonio, TX. 78249 Re: Tax Abatement Agreement Dear Mr. White: AM COMMUN~ After a brief of audit of the Tax Abatement Agreement Files, it was discow not yet signed your agreement. In order for the City of Schertz to proceed abatement, a signature will be required. If you should have any questions, please feel free to call me at 658-7477 ex If I am not available you may reach my assistant, Erin Matlock at extensior Am dison Community Development Director AM:em MADISON iTY DEVELOPMENT 'IRECTOR ,~red you have with the tax ,t. 1113. 1124. March 18, 2005 Ms. Amy. Madison Economic Development Director City o~. Schertz_ 1400 Schertz Parkway Sche~z, Texas 78154 Re: Tax Abatement for the Legacy Oaks Apartments 5501 Legacy Oaks Parkway Dear Ms. Madison: This letter is to explain that we did not sign the tax abatement in 2003 because on the document was incorrect. At the time of signing, we had changed the nat construction company from Legacy General Contractors to White-Conlee Builde The correct name of the apartment ownership is L.O. Apartments, Ltd, and shot applied to the new tax abatement documents. This name change was brought the City of. Schertz City Council and was approved.. If you-need a~/further info, rmation, please feel free to call. Sincerely, · John C, White General Partner JCW:ef he name ~e of the ~rs, Ltd. lid be )efore 1400 SCHERTZ PARKWAY P.O. DRAWER I $CHERTZ, TEXAS 78154-O89O AC (210) 658-7477, ext. 1132 FAX (210) 65%3204 MA} DEPUTY Le ZZ;-Ztgo~ Legacy General Contractors 4711 Shavano Oak, Suite #100 San Antonio, Texas 78249 Attm Mr. John While Establishing Reinvestment Zone-Tax Abatement and Tax Aba' Agreement for Legacy Oaks. Dear Mr. White, The Schertz City Council met on July 1, 2003 and has apProved the r zone, tax abatement and tax abatement agreement for Legacy Oaks. ~ ordinance of 12 acres is scheduled for discussion on luly 9, 2003 and for final approval. Enclosed please find originals of the tax abatement agreement. Pk where indicat~ and have your signa~ acknowledged, then for~ the above address for City signatures. One original will be returned for your files. If there is any other information, questions or concerns that I ma, with, please feel free to call me. Sincerely, Mary Ybarra Deputy City Secreta~ CC: Amy Madison, Director of Community Development [Y YBARRA £ITY SECRETARY ~ment einvestment l~e rezoning July 15, 2003 :ase execute ~ard both to back to you assist you