R-99-06-10-10D1 - 6/10/1999WHEREAS,the City Council, on the 14th day of September, 1995, in
Ordinance No. G- 95- 09- 14 -9Q, created the Downtown Reinvestment Zone in
the City of Round Rock, Texas, and
WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S. as
amended, the City desires to enter into a tax abatement agreement with
Marc Bergeron, regarding property located in said Downtown Reinvestment
Zone, and
WHEREAS, the Council has determined that all requirements of the
guidelines and criteria adopted by Ordinance No. G- 95- 09 -14 -9P have
been complied with, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Tax Abatement Agreement with Marc Bergeron.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 10th day of June
an IL'
E LAND, City Secretary
K: \WPDOCS \RESOLUTI \R90610D1.WPD /, y
RESOLUTION NO. R- 99- 06- 10 -10D1
• cm, ,'L
ROBA. STLUKA, 1., Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement ( "Agreement ") is entered into by and
between the City of Round Rock, Texas, a home rule city and municipal
corporation of Williamson County, Texas, duly acting herein by and
through its Mayor, hereinafter referred to as "City "; and Marc
Bergeron, hereinafter referred to as "Owner ".
RECITALS
WHEREAS, on the 14th day of September, 1995, the City Council,
adopted Ordinance No. G- 95- 09 -14 -9Q establishing the Downtown
Reinvestment Zone, (the "DRZ "), City of Round Rock, Texas for
residential /commercial tax abatement, hereinafter referred to as
"Ordinance No. G- 95- 09- 14 -9Q ", as authorized by Chapter 312, Tax Code,
V.A.T.S. as amended, hereinafter referred to as the "Code "; and
WHEREAS, the City has adopted Ordinance No. G- 93- 12- 09 -9G, and
amended said Ordinance in Ordinance No. G- 95- 09- 14 -9P, which Ordinance
adopted appropriate guidelines and criteria governing reinvestment
zones and tax abatement agreements to be entered into by the City as
contemplated by the Code; and
WHEREAS, the contemplated use of the Premises (as hereinafter
defined) and Improvements (as hereinafter defined) as well as the terms
of this Agreement are consistent with encouraging conservation and
protection of said DRZ in accordance with the purposes for its creation
and are in compliance with Ordinance No. G- 95- 09 -14 -9P and the
guidelines and criteria adopted by the City and all applicable laws;
and
WHEREAS, the Improvements constitute an investment within the DRZ
that will increase the appraised value of the Premises within the zone;
and
WHEREAS, the City finds that there will be no substantial adverse
effects on the provision of governmental services or on its tax base
and that the planned use of the Premises will not constitute a hazard
to public safety, health, or welfare, NOW THEREFORE, the parties hereto
do mutually agree as follows:
1. Property Subject to Agreement. The property to be the subject
of this Agreement shall be a tract or parcel of land located within
the DRZ which tract or parcel is more fully described in Exhibit "A"
which is made a part hereof and shall be hereinafter referred to as the
"Premises."
2. Application for Tax Abatement. The Owner agrees and covenants
that the attached application for tax abatement (Exhibit "B ") is a part
H: \TE %T \CORK \ER2 \BERGERON, WPO /ctic
1
of this Agreement, and Owner further warrants that the information
provided in that application is true and correct. If any materially
false or misleading information is provided in said application, City
shall have the discretion to declare this Agreement to be in default
and City shall be entitled to the remedies provided for in Paragraph 5.
3. Portion of Taxes Abated. Subject to the terms and conditions
of this Agreement, and subject to the rights of the holders of any
outstanding bonds of the City, a portion of ad valorem real property
taxes from the Premises otherwise owed to the City shall be abated.
City hereby acknowledges that it is not aware of any terms or
conditions of any outstanding bonds which would invalidate this
Agreement. Said abatement shall be an amount equal to the below- stated
percentages assessed upon the increased value of the Premises and
Improvements over the value in the year in which this Agreement is
executed, in accordance with the terms of this Agreement and all
applicable state and local regulations.
CHECK APPLICABLE BOX:
For new construction on a vacant lot, the City will grant
a five (5) year tax abatement for 750 of the increased
value of the Premises and Improvements over the value in
the year in which this Agreement is executed. Additionally,
the City will waive all water and wastewater impact fees.
❑ For renovations and additions to existing structures, the
City will grant a ten year tax abatement as described above
for 1000 of the increased value of the Premises and
Improvements over the value in the year in which this
Agreement is executed.
❑ Any structure, including real property, whose appraised
value according to the Williamson County Appraisal
District, is less than $30,000 for one year previous to the
year in which an abatement is sought, is eligible for tax
abatements under this Agreement without achieving the
required points in the appropriate Checklist.
4. Right of Inspection. The Owner further agrees that the City,
its agents and employees shall have the right to enter upon the
Premises at any reasonable time to inspect the Improvements in order
to determine whether the construction of the Improvements is in
accordance with this Agreement and all applicable Federal, state, and
local laws, ordinances, and regulations or valid waiver thereof. After
completion of the Improvements, the City shall have the continuing
right to enter upon and inspect the Premises at any reasonable time
to determine whether the Premises are thereafter maintained and
operated in accordance with this Agreement and all applicable Federal,
state, and local laws, ordinances, and regulations. If the City
determines that a violation of a Federal, state or local law,
ordinance or regulation exists on the Premises, the City may, in
addition to any other authorized enforcement action, provide to the
2
Owner written notice of such violation. For the purposes of this
Agreement, the Owner shall have ten (10) days from the date of the
notice to cure or remedy such violation. If the Owner fails or refuses
to cure or remedy the violation within the ten (10) day period, the
Owner is subject to the forfeiture, at the discretion of the City, of
any right to any tax abatement for a portion of the period or the
entire period covered by this Agreement. In addition, the failure or
refusal to cure or remedy the aforesaid violation shall be considered
a default of this Agreement under Paragraph 5.
5. Events of Default. In the event that (1) the Improvements
for which an abatement has been granted are not completed in
accordance with this Agreement or (2) Owner allows its ad valorem
taxes owed the City to become delinquent and fails to timely and
properly follow the legal procedures for protest and /or contest of any
such ad valorem taxes; or (3) Owner breaches any of the terms or
conditions of this Agreement, then this Agreement shall be in default.
In the event that the Owner defaults in its performance of (1), (2),
or (3) above, then the City shall give the Owner written notice of
such default and if the Owner has not cured such default within thirty
(30) days of said written notice, this Agreement may be terminated by
the City by written notice to Owner. Such notice shall be in writing
and shall be delivered by personal delivery or certified mail to:
Marc Bergeron
1104 Quail,Lane
Round Rock, 78681
As liquidated damages in the event of default and in accordance
with Section 312.205, Tax Code, V.A.T.S., as amended, all taxes which
otherwise would have been paid to the City without the benefit of
abatement (without the addition of penalty, but interest will be
charged at the statutory rate for delinquent taxes as determined by
Section 33.01 of the Tax Code) shall become a debt owed by Owner to
the City and shall be due, owing and paid to the City within sixty
(60) days of the expiration of the above mentioned applicable cure
period. The City shall have all remedies for the collection of the
recaptured tax revenue as provided generally in the Tax Code for the
collection of delinquent property taxes.
6. Miscellaneous Provisions.
a) City representations. The Owner represents and
warrants that the Premises do not include any real property
that is owned or leased by a member of its respective
council or by a member of the Planning and Zoning
Commission of the City.
b) Agreement binds successors. The terms and
conditions of this Agreement are binding upon the
successors and assigns of all parties hereto.
c) Owner acting independently. It is understood and
agreed between the parties that the Owner, in performing
3
e) Venue. This Agreement is performable in Williamson
County, Texas, and venue for any suit arising hereunder
shall be in William i s County, Texas.
Witness our hands this 1 D J day of L , 19
ATTEST:
J
NNE LAND,
its obligations hereunder, is acting independently, and
the City and County assume no responsibilities or
liabilities in connection therewith to third parties.
d) Owner's Indemnity. During the term of this
Agreement, Owner agrees to indemnify and hold City and
County harmless from any and all kinds of claims, losses,
damages, injuries, suits, or judgments which may accrue to
Owner, City, County, or third parties arising out of this
Agreement.
City Secretary
CITY OF ROUND ROCK, TEXAS
4
EXHIBIT "A"
Page 1 of 1
Property Description
Lot 1, BERGERON SUBDIVISION, a subdivision in the City of
Round Rock, Williamson County, Texas, according to the map
or plat thereof recorded in Cabinet Q, Slide 228, Plat
Records of Williamson County, Texas.
5
1. Property is within the Downtown Reinvestment Zone.
2. Cost of construction/renovation Downtown Reinvestment Zone
requirements — Include cost figures and/or % of value.
3. Structure meets architectural checklist.
4. City Council approval date:
Notes:
Yes
$ 272,892
Yes
6/10/99
RFF- 17,-_95'= 1 Ott
1. Owner /Applicant:
2. Address of structure:
3. Date of application:
4 Type of construction:
(b) Residential
5. Williamson County appraised value for year of application:
6. Estimated value of construction:
7. pttachments Included:
(a),Copies of receipts showing cost of work completed or itemized list of cost.
Signature
CITY OF FOLND ROCI`'. 5_221e7097 F.02'02
Exhibit "B"
Tax Abatement Application
Downtown Reinvestment Zone, City of Round Rock
/ ,c / c
R N. 14 71
b / 5 Phone Number. (/4
Circle either "commerclar or "residential 'and check either
"renovation" or now construction ".
Renovation:
New construction:
Renovation:
New construction:
ib) Architectural checklist.
(c) "Before" and "After photographs for renovation projects.
Date:
$ - 7e; , 116 7
$
'_
Planning and Co m unity Development approval (to be completed by P &CD)
G:MdoMOCVrM[wn_RLEVNd1 B_DRZ
3 '5 /ii)cA
RFC l /E.:
APR 15 1999
CITY OF RCUN ROCK
PLANT.iiNC, DEPAR T MEN
TOTAL F.02
Date: June 4, 1999
Subject: City Council Meeting - June 10, 1999
Item: 10.D.1. Consider a resolution authorizing the Mayor to execute a
tax abatement agreement with Marc Bergeron for property
located at 408 N. Mays in the Downtown Reinvestment
Zone. (Lifetime Vision Care) Staff Resource Person: Joe
Vining, Planning Director.
This application is being submitted under the guidelines set forth for the
Downtown Reinvestment Zone. This agreement grants a five -year abatement for
75% of the increased value of the premises and improvements over the value set
in 1999. Using the current ad valorem tax rate of .385 for calculation, the
estimated tax abatement during the term of this contract is as follows:
Estimated value of premises & construction improvements: 347,308
WCAD appraised value (base to use annually): 74,416
Increased value eligible for tax abatement: 272,892
Estimated annual abatement:
$272,892/$100 = 2728.92 X 75% X .385 787.98
Five Year estimated abatement: 3939.88
CITY OF ROUND ROCK
Mayor
Robert A. Stluka, Jr
Mayor Pro -tem
Martha A. Chavez
Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
October 7, 1999
Dr. Marc Bergeron
1104 Quail Lane
Round Rock, Texas 78681
Dear Dr. Bergeron.
The Round Rock City Council approved Resolution No. R- 99- 06- 10 -10D1 at their
regularly scheduled meeting on June 10, 1999. This resolution approves the Tax
Abatement Agreement concerning your property located in the Downtown Reinvestment
Zone.
Enclosed is a copy of the resolution and agreement for your files. If you have any
questions, please do not hesitate to contact Joe Vining at 218 -5415.
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax: 512 -218 -7097
1 -800- 735 -2989 TDD 1 -800- 735 -2988 Voice
www.ci.round- rock.tx.us
221 East Main Street
Round Rock, Texas 78664
512- 218 -5400