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
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!
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.
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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
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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.
/
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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:
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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
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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'
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/
?,,, ,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://~//
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/
,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