R2004-178 10-25-04RESOLUTION NO. R2004-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A TAX ABATEMENT AGREEMENT WITH THIRD COAST
TERMINALS ("TCT") FOR PURPOSES OF ABATING THE INCREASED
VALUE OF THE PROPERTY OWNED BY TCT AT A RATE OF SEVENTY-
FIVE PERCENT (75%) FOR A PERIOD OF TWO (2) YEARS BEGINNING
JANUARY 1, 2005, AND ENDING DECEMBER 31, 2006, AND AT A
RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF TWO (2)
YEARS BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31,
2008 AND AT A RATE OF TWENTY FIVE PERCENT (25%) FOR A
PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1,2009, AND ENDING
DECEMBER 31, 2009; FINDING AND DETERMINING THAT TERMS OF
SAID AGREEMENT AND PROPERTY SUBJECT TO THE AGREEMENT
MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE,
V.A.T.S. AS AMENDED, ORDINANCE NO. 1182, WHICH ESTABLISHED
REINVESTIVlENT ZONE #11, AND THE GUIDELINES AND CRITERIA FOR
GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT
AGREEMENTS SET FORTH IN RESOLUTION NO. R2003-121.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain tax abatement agreement, by and between the
City of Pearland and TCT, a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes, is hereby authorized and approved.
Section 2. The City Council finds and determines that the Tax Abatement
Agreement and the property subject to this agreement meet the requirements of
Chapter 312 of the Tax Code, V.A.T.S. as amended, Ordinance No. 1182, which
established Reinvestment Zone //12, and the Guidelines and Criteria for Governing
Reinvestment Zones and Tax Abatement Agreements set forth in
Resolution No. R2003-121.
RESOLUTION NO. 2004-178
Section 3. The City Manager or his designee is hereby authorized to execute,
and the City Secretary to attest, said Tax Abatement Agreement and any counterparts
thereof.
PASSED, APPROVED, AND ADOPTED this the 25th day of October ,
A.D., 2004.
ATTEST:
TY S E(T, RETARY //
APPROVED AS TO FORM:
ToM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
2
Exhibit "A"
Resolution R2004-178
THE STATE OF TEXAS
COUNTIES OF BRAZORIA,
FORT BEND, AND HARRIS
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement ("Agreement") is entered into by and between the City of
Pearland, Texas, a home rule city and Municipal Corporation of Brazoria, Fort Bend, and
Harris Counties, Texas, duly acting by,gnd throl3gh its City Manager ("City"), and Third Coast
Terminals, duly acting by and throug~/l~/P~/~'~.~',,q~] V , its Vice President ("TCT").
/ /
WITNESSETH'
WHEREAS, on the 11th day of October, 2004, the City Council of the City of Pearland,
Texas, passed Ordinance No. 1182 establishing Reinvestment Zone #12 in the City of Pearland,
Texas, for general business tax abatement, as authorized by Chapter 312, Tax Code, V.A.T.S. as
amended ("Code"); and
WHEREAS, the City has adopted Resolution No. R2003-121, which established appropriate
guidelines and criteria for governing reinvestment zones and tax abatement agreements to be entered
into by the City as contemplated by the Code; and
WHEREAS, the City's objective is to maintain and/or enhance the general business economic
and employment base of the Pearland area for the long term interest and benefit of the City, in
accordance with Resolution No. R2003-121 and the Code; and
WHEREAS, the contemplated use of the Premises, as hereinafter defined, the contemplated
improvements to the Premises in the amount as set forth in this Agreement and the other terms
hereof are consistent with encouraging development of said Reinvestment Zone in accordance with
the purposes for its creation and are in compliance with Resolution No. 2003-121 and the guidelines
and criteria adopted by the City and all applicable law; and
WHEREAS, the Improvements as defined below constitute a major investment within the
Reinvestment Zone that will substantially increase the appraised value of property within the zone
and will contribute to the retention or expansion of primary and secondary employment within the
City; and
WHEREAS, there will be no substantial adverse affect on the provision of city services or on
its tax base and the planned use of the Premises will not constitute a hazard to public safety, health,
or welfare; now,
THEREFORE:
For and in consideration of the mutual agreements and obligations set forth below, the
sufficiency of which is hereby acknowledged by the parties hereto, TCT and City mutually agree as
follows:
1. The property to be the subject of this Agreement shall be that property described by
metes and bounds and map attached hereto as Exhibit "A" ("Premises").
2. Construction of TCT' s improvements on the Premises, described in Exhibit AB @
("Improvements") will cost approximately Five Hundred Thirty Thousand Dollars ($530,000.00)
and is to be substantially complete on or about January 31,2005; provided, that TCT shall have such
additional time to complete the Improvements as may be required in the event of"force majeure" if
TCT is diligently and faithfully pursuing completion of the Improvements. For this purpose, "force
majeure" shall mean any contingency or cause beyond the reasonable control of TCT including,
without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection,
governmental or de facto governmental action (unless caused by acts or omissions of TCT), fires,
explosions or floods, and strikes. The date of completion of the Improvements shall be defined as
the date a Certificate of Occupancy is issued by the City of Pearland.
3. TCT agrees and covenants that it will diligently and faithfully, in a good and
workmanlike manner, pursue the completion of the Improvements as a good and valuable considera-
tion of this Agreement. TCT further covenants and agrees that all construction of the Improvements
will be in accordance with all applicable state and local laws and regulations or valid waiver thereof.
In further consideration, TCT shall thereafter, from the date a Certificate of Occupancy is issued
until the expiration of this Agreement, continuously operate and maintain the Premises as TCT,
limiting the use of said Premises to that use which is consistent with the terms of this Agreement and
the general purpose of encouraging development or redevelopment of the Reinvestment Zone during
the period that the property tax exemptions evidenced herein are in effect.
4. TCT agrees and covenants that the Improvements shall provide approximately 10
jobs during the period of the abatement. Accordingly, TCT shall provide to the City annual
manpower reports ( Exhibit "D") within sixty (60) days following the end of each calendar year.
5. Subject to the terms and conditions of this Agreement, and subject to the rights and
holders of any outstanding bonds of the City, a portion of ad valorem property taxes assessed to the
Property and 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 seventy five percent (75%) of the taxes assessed upon
the increased value of the Improvements and Fixed Equipment, annually for a period of two (2)
years beginning January 1, 2005, and ending December 31, 2006, and fifty percent (50%) of the
taxes assessed upon the increased value of the Improvements and Fixed Equipment, annually for a
period of two (2) years beginning January 1, 2007, and ending December 31, 2008, and twenty five
percent (25%) of the taxes assessed upon the increased value of the Improvements and Fixed
Equipment, annually for a period of one (1) year beginning January 1, 2009, and ending December
31, 2009, in accordance with the terms of this Agreement and all applicable state and local
regulations. The taxable value shall be determined on a uniform and equal basis of assessment by
the methods used by the Brazoria County Tax Appraisal District, which information necessary for
abatement shall be provided by TCT to the chief appraiser of said district. Estimated values,
estimated abated values, and estimated base year values for the Improvements are listed in Exhibit
6. TCT further agrees that the City, its agents and employees shall have the right to
enter upon the Premises at any reasonable time and 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, after 24 hours' notice has been given, to determine
whether the Premises are thereafter maintained and operated in accordance with this Agreement and
all applicable federal, state, and local law, ordinances, and regulations. In accordance with
Resolution No. R2003-121, the City will conduct at least one inspection annually to ensure
compliance. Notwithstanding any other provision of this Agreement, 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 TCT written notice of such
violation. For the purposes of this Agreement, TCT shall have ten (10) days from the date of the
notice to cure or remedy such violation. If TCT fails or refuses to cure or remedy the violation
within the ten (10) day period, TCT 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.
7. TCT agrees and covenants that the information provided in the attached Application
for Tax Abatement (Exhibit "C") is true and correct and that any materially false or misleading
information that is provided to the applicable taxing jurisdictions may be grounds for termination of
the agreement with possible liability for recovery of abated taxes.
8. In the event that (1) the Improvements for which an abatement has been granted are
not completed in accordance with this Agreement; or (2) TCT allows its ad valorem taxes owed to
the applicable taxing jurisdictions 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) TCT breaches any of
the terms or conditions of this Agreement, then this Agreement shall be in default. In the event that
TCT defaults in its performance of(l), (2), or (3) above, then the City shall give TCT written notice
of such default, which notice shall be delivered by personal delivery or certified mail to: Third
Coast Terminals, 1871 Mykawa, Pearland, Texas 77581. If TCT has not cured such default within
sixty (60) days of said written notice, this Agreement may be modified or terminated by the City.
Notwithstanding the provisions set forth herein, this Agreement may be terminated at any time after
the. execution hereof by agreement of both parties.
9. In the event that the facility is completed and begins producing product or service, but
subsequently discontinues producing product or service for any reason except fire, explosion or
other casualty or accident or natural disaster for a period of one year during the abatement period,
then this Agreement shall be in default and shall terminate. The abatement of taxes for the calendar
year during which the facility no longer produces shall also terminate.
10. 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 (but without the addition of penalty; interest will be
charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code)
will become a debt to the City and shall be due, owing and paid to the City within sixty (60) days of
the expiration of the cure period stated in paragraph 8 or the termination date stated in paragraph 9,
whichever is applicable. The City shall have all remedies for the recapture and collection of the lost
tax revenue as provided generally in the Tax Code for the collection of delinquent property taxes and
in accordance with Resolution No. R2003-121.
11. The City represents and warrants that the Premises does not include any property that
is owned by a member of its council or boards, agencies, commissions, or other governmental bodies
approving, or having responsibility for the approval of, this Agreement.
12. The terms and conditions of this Agreement are binding upon the successors and
assigns of all parties hereto. This Agreement may be transferred or assigned by TCT only upon
written permission by the City in accordance with Resolution R2003-121, which permission shall
not be unreasonably withheld. No assignment shall be approved if the assignor or assignee are
indebted to the City for ad valorem taxes or other obligations.
13. It is understood and agreed between the parties that TCT, in performing its
obligations hereunder, is acting independently, and the City assumes no responsibilities or liabilities
in connection therewith to third parties.
14. TCT RELEASES, ACQUITS, INDEMNIFIES, AND HOLDS HARMLESS THE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS, FROM
ANY AND ALL KINDS OF CLAIMS, DEMANDS, LOSSES, DAMAGES, INJURIES,
RIGHTS, CAUSES OF ACTION, OR JUDGMENTS OF WHATSOEVER CHARACTER OR
NATURE, INCLUDING ATTORNEYS' FEES, WHICH MAY ARISE AS A RESULT OF
THIS AGREEMENT. THE PROVISIONS OF THIS SECTION REFLECT THE
EXPRESSED INTENTIONS OF TCT AND THE CITY AND SHALL SURVIVE THE
TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT.
15. It is understood and agreed by the City and TCT that if the Premises has been
designated and taxed as agricultural land pursuant to Chapter 23, Subchapter C, Tax Code, V.A.T.S.,
that this Agreement shall not be effective and no abatement granted until TCT has removed the
4
agricultural use designation and all taxes due pursuant to Section 23.55, Tax Code, V.A.T.S., as
amended, (roll back taxes) have been paid.
16. This Agreement was authorized by Resolution of the City Council at its council
meeting on the 25th day of October, 2004, authorizing the City Manager to execute the Agreement
on behalf of the City.
,,4 7. This Agreement is e~j~red into by TCT pursuant to authority granted by its President,
~ (~_~5~,~_ ~_- ,onthe ~[~'~dayof Oc.~2~W ,20~.
18. This shall constitute a valid and binding Agreement between the City and TCT when
executed in accordance herewith.
19. This Agreement is performable in Brazoria County, Texas.
20. TCT agrees and covenants to certify annually to the City, while this Agreement is in
effect, that TCT is in compliance with each applicable term of this Agreement.
Witness our hands this oQ-,r~ ~day of'~r~.OYerrt-,~ ,~0t34.
ATTEST:
By:
APPROVED AS TO FORM:
By:
Darrin M. Coker
City Attorney
CITY OF PEARLAND
t,--- [}ill Eisen
City Manager
ATTEST:
By: (-~_~ ·
THIRD COAST TERMINALS
By:c..' .~._.~~~ _
Printed-~a~e:
Title:
6
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen,
City Manager for the City of Pearland, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
,,~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
.ff/a /e..~ J~.,-/" , A.D., 20
DAY OF
PERLA N. LEHMAN
Notary Public, State of
My Commission Expires:
Printed Name:
Commission Expires:
THE STATE OF TEXAS
COUNTY OF
_.....~, /3/~BEFORE ME, the undersigned Notary Public, on this day personally appeared
..~-~ President of Third Coast Terminals, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND
O e..-t'~k>ar , A.D., 20 0'4 .
Jl=-"~._'~ Notary Public, State of Texas
i1%~..~,?] My Commission
~1 "';;,,*~,~,},,~,~'* Fabruary 06, 2006
SEAL OF OFFICE THIS ~'~ DAY OF
NOTARY PUBkLIC~ STATE OF TEXAS
Print ed Name: "~o..'~-,,,/--'[-~cmm-$
My Commission Expires: a{k, !O~
7
Third Coast Packaging, Inc.
15.623 Acres
H.T. & B.R.R. CO. Survey
Abstract No. 232
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of · 15.623 acre tract in the H.T. & B.R.R. CO. Survey,
Section 3, Abstract No. 232 in Bnazoria County, Texas, Said 15.623 acre tract is in Lots 34 and
40 of lite W. Zych~ski Subdivisio~ as recorded in Volume 29, Page 43. of the Eh'ezoria County
Deed ReconJ8. Said 15.823 acre tract is further dasc~bed as being all of a 12.0000 acre tract
described in a deed to Third Coast Packaging, Inc. as recorded in Clerk's File No. 97-016096 In
He Brazoria County Clerk's Office, all of e 0.6963 acm tract described in · deed to Third Coast
Packaging, Inc. as ~ in Clerk's Flle No. 97-010096 in Ute Btazorla County Clerk's Office
and ell of e 2.0125 acre tract ~ in a deed to Third Coast Pac~, Inc. as recorded in
Clerk's File No. (X)-022591 in Ihe Brazode County Clerk's Office and is mom particularly
described by metes and bounds as follows:
BEGINNING at a 1' iron pipe found at Ute point of ifd~sectio~ of ff~e f~x~th line of Lot 34 of said
W. Zychlinski SubdivieJort with the east right-of, way line of Mykawa Road (based on a widlh of
60 fe~t), said point being the soutttwest comer of said 0.69~3 acm tract and southwest comer of
THENCE. North 00'01'41" East, along the east line of said Mykawa Road fOr a dlstanc~ of
65.00 feet to a P.K. nail 8et for Ihe most soulhedy norlhwest corner of the herein described b'act
a~ lhe norlhwest ~xm~er of said 0.6963 acre tract, said point being lbo s°uihwast comer of a
lract of land described in a d. ccd to Peartand Associates, LP. as recorded in Cle~s Rie No. 93-
0172~7 in the arazoria County Clerk's Office;
THENCE, South 89'58'22' EaSt, ~xtg the north line of saki 0.6963 acne bact, same being the
south line of said Pearland Associates, LP. tract for · distance of 466.64 feet to e P.K. nail set
THENCE, Norlh 00'01'4T' East, along He wastline of sade 12.0(XX) acre tract, same being the
east line of said Peal'land/~4~:tiate., LP. tact for I distanc~ of 569.44 ltet to - 5/8-1ncfl iron
of said 12.0000 acm tract and is in the eouth line of · '13.6155 acm tract dascn'bed in a deed to
Nguyert Entmprisa, LC.C. as recorcled in Clerk'8 Fire 03-059143 in the Brazoria Cotxtty Cle~s
THENCE, South 89°58'22" East, along the norlh line of said 12.0000 acm tract, same being
court'on line between said Lot~ 34 and 40 for e dtslance of 546.34 feet to a 5/8-inch iron rod
found for an t~erior =orner of Ihe herein described tract, same being 1he soul]wrest comer of the
aforementioned 2.9125 acre tre~t end the southeast comer of said 13.6155 acm 1mcr;
THENCE, North 13'52'17' West, along the we~t line of said 2.9125 acm tract, same being the
east fine of said 13.6155 acm tract ~ a distance of 653.58 feet to a 5~-inch iron rod found in
the north line of said Lot 40 being the mo~t no~ norflwvest comer of ~ heroin described
tract and is the nodhw~st comer of said 2.9125 acre tract and I~ nodt'~st comer of said
13.6155 acre tract;
THENCE, Sou~ 89'58'22' East, along lhe nodh line of said Lot 40, same be/rig the north line of
said 2.9125 acm tract for a di~'tance of 200.00 fee{ to a S/Sqnch iron rod se{ in the west line of
the Gulf, Cototado and Santa Fe Railroad right, of-Way (based on a widlfl of l(X)4eet) ~or ltm
norll3east comer of the herein des(~3ed ~act, same being the northeast comer of said 2.9125
acr~ tract;
THENCE, South 13"52'17' East, along the west line of' said Gulf, Colorado md Santa Fe
Railroad right;of. Way, at a distance of 653.58 feet pass the oommon easterly comet of said
2.9125 acm tract and the afom~ 12.0000 acre Imct and conanue Ibr a total dlstanco of
1,307.15 feet to a 5/8-inch Iron md found ~ the southeast comec of said 12.0000 acre tract and
southeast c~ner of the afOm~ned Lot 34;
THENCE. NOflh 89'58'22" West, along the so.ti line of said 12.0000 acre b'act, ~ame being
12.0000 acre tract and Ihe aforementioned 0.6963 acm tract and co, hue fo~ a total distance of
1,389.99 feet to the POINT OF BEGINNING, containing a computed ama of 15.623 acres
NOTE:
1. The bearings show~ hereon are based o~ the dc~:l t° Third Coast Packaging,' Inc.
as recorded in 97-016096 in the Brazmta County CleriCs ofrma.
2. A Separate survey plat ~ms been prepared in oon~ with Ibis description.
trend, Texas 77581 --
Job No. 04-108 ~' Michael D. Wilson, R.P. LS.
July 16, 2002 ' · :Registration No 4821
Exhibit "B"
IMPROVEMENTS
The project will be the expansion of existing facilities for Third Coast Terminals.
The Company expects to have 20 employees on site during the period of the abatement, beginning
with l0 employees in 2005. Tax abatement will be sought on all items allowed by law.
The improvements are expected to cost approximately $275,000.00. Additional fixed
equipment is expected to cost approximately $255,000.00.
APPLICATION FOR TAX ABATEMENT EN THE
CITY OF PEARLAND
It is recommended that this application be filed at least 90 d. ays prior to the beginning of
construction of the installation of equipment. The filing off this document acknowledges
familiarity and conformance with Guidelines and Criteria for Granting Tax Abatement in a
Reinvestment Zone Created in the City of Pearland (attached). Please review Instructions
attached before executing this application. This application will become part of the agreement
and any knowingly false representations will be grounds for the City to void the agreement.
Original copy of this request should be submitted to the Pearland Economic Development Corp.
Executive Director, Cid, of Pearland, 3519 Liberty Drive, Pearland, Texas 77581 Please attach
exhibits and additional information. '
APPLICANT [NFOR_MATION
Application Date _ 7 / 2 6 / 0 4
Company Name Third Coast Terminals Number ofCurrent Employees 44
Address 1 871 Mykawa
Consecutive years in business 7
Corporation (X) Partnership ( )
Annual Sales$~ 8,500,000.00
Proprietorship ( )
Please submit financial statements for the prior two years.
PROJECT INFORMATION
Type of facility: Manufacturing 1~ Reg. Distribution Center
(See Instructions) Regional Service ( ) Reg. Entertainment Center ( )
Other Basic Industry ( )
--7 .................................... 7 ..................................... .. ............ '.
Location address and description of area to be designated as reinvestment zone (attach map
showing site and legal description): 1 870 ~_ykawa Rd., Pearland_.2 TX
Description ofeligible improvemen~ (real property) to be constructed(This includes fixed
equipmen[buildings, p~kinglots, etc.): 5,000 s .ft. office build±n_9, w±th
covered par~ing for 24 employees & V~ncr-~ stre--~
entrance, driveways & retention pond.
Description of ineligible property to be included in project. (This includes inventory, and
personal property.): office SUture & fix_~tures
.Will this project require any permits by other federal, state or county agencies~> If q,,, ,,l~.ase list
me name of the permit, the permitting agency and a description ofrwhy and what ther';ermit is
needed for: drainage a retent5on plan -
i t~c DIUIJU:aCU fell'IV<Still<lit LUIIC lb I{.)~lt~-u
Ci~ Pearland
County. Brazoria
School District Pearl and
College District
Other Taxing Jurisdictions
Tax ID number
76-0210720
Description of product(s) or service to be provided (proposed use): office buildinq &
Industrial building sites
Description of operations, processes involved, general overview: of fi ce hui lfling &
Industrial buildinq sites
ATTACH A STATEMENT explaining the general nature and extent of the project, describing
existing site and improvements; describe all proposed improvements and provide list of
improvements and equipment for which abatement is requested. Include a proposed time
schedule for undertaking and completing the planned improvements as well as the company
officials and agents who will oversee the construction. Describe other sites that are under
consideration.
NEW PLANT ( ) EXPANSION 0d MODERNIZATION ( )
ECONOMIC INFORMATION
mo
Construction Estimates
Commencement Date: S_e_.p[. 2004
Construction Man Years:
Completion Date: Dec. 2004
Peak Construction Jobs
IF MODERNIZATION:
Estimated Economic Life of
Existing Plant: __ Years
Added Economic Life from
Modernization: Years
B. Permanent Employment Estimates (FTE's}
Current Employment 4 4 ( 4 8 ) *
Current Annual Payroll $1,6 5 0,0 0 0
Number of jobs retained ( 4 4 ) created (/$
at start/opening of this project4 4
5 years into operation 6 0
averse annual or hourly salary $1 9.05 / hr
)
in year 2004
(68)* in year 2009
J~lrl _
,2009
· 20
· 20
Local Transfer
Total Est. Salaries
68 $22.80/hr.
*Includes Part-time & contract
_Other Estimated Taxes Generated by Proiec]
( 1 ) Sales Taxes:
20 :$
20 : $
20 :$
20 : $
20 :$
20 : $
20 : $
20 : $
20 : 5;
20 :$
(2) Other Taxes or fees (if known, impact fees, building fees, etc.):
D. _Estimated Appraised Value on Site:
Building Bus. Personal
Land & Fixed Property
Equipment & Inventory
I. Total ofpre-existing value 275 500 2t400,000 ! 450 000
] (Jan 1 preceding abatementl - ' · -
II. Estimated value of NEW land added i 20, 000
Estimated value of NEW improvements 275,000
Estimated value of NEW fixed equipment *255,000
Estimated value of NEW personal
prope~, and inventory, added 80,000
T0tal of N~EW value added 120,000 530,000 80tO00
(Total columns in Sec. II above)
III. Total value at end of Tax Abatement 395,500 2,'930,000 1,530,000
(Total Part I & II)
*SEE ATTACHMENT C (PHASE I
TAX ABATEMENT REQUESTED
.... ~ ~ % of eligible property for a term of ~ years (Or)
( ) ReqUesting Staggered Tax Abatement Terms as follows:
VARIANCE
ATTACHMENT (C) ~
* ESTIMATED VALUE OF NEW IMPROVEMENTS:
A. 5,000 SQ. FT. OFFICE BUILDING:
SUB TOTAL: $275.000
B. ASSOCIATED IMPROVEMENTS:
* DRAINAGE AND RETENTION: $ 45,000
* STREET W/CURB & GUTTER: $110,000
* SIDE WALKS: $ 20,000
* DRIVE WAYS, APPROACHES
& COVERED PARKING: $ 35,000
* LANDSCAPING& TREES: ' $ 20,000
* UTILITIES, LIGHTING, FENCE: $ 25,000
SUB TOTAL: $255,000
(PHASE 1)
SAMPLE PROJECT DESCRIPTION SEE ATTACHMENT A
ThZ~vojea[~l b.e~the construction of a new manufacturing facility that will also include otw
sales and engine'-e~r-ing s~taff.-~W~ to have approximately 150-160 e~.rnployees-0-ri ~i'-W'e
xpect the project will reqmre the cons~l~cfmg-ofap~roximately 70,000 square feet
at a cost of approximatel~~manufacturing
equi.pm~mate~$1~e project. Tax ab~Cbe~
~mughI"6n all items allowed by law.
SAMPLE TIME SCIIEDULE SEE ATTACHMENT B
_'"~t~r - Dec 31, 2001 Legal work, conceptual phase, conlxactor select?~m~
January 1 ~02 . Wetlands study, 1~t phase archi, te~Lg,~o~gineering'
topographical mappin~i~, pon.d engineering
February l-February 28, 2002~~.~itectu~ajMngs, final engineering, permits and
appl~atioJ!_'s'
March 1- March 30, 2002 /~-~l~and ini'"t'ia-'l'sit¢.~9~
April 1-Novemb~ ConstructiOn ~
~No~ecember 25, 2002 Move.in, startup ~
.~Oee~mber 30, 2002 Completion ~ ~
DO NOT WRITE IN THIS AREA - FOR PROCESSING PURPOSES ONLY
I. EDC contact ·
2. Precinct
3. Jurisdictions notified / /
.4. Initial review completed / /
5. Review circulated / /
6. ISD concurrence?
7. College concurrence?
8. City concurrence?
9. Letter oflntent / /
10. Hearing noticed on agenda / /
11. Public heating / /
12. ISD action' / /
13. College action / /
14. City action / /
15. Agreement signed / /
ATTACHMENT (A)
THIRD COAST DEVELOPMENT PROJECT PLAN:
AN UNDEVELOPED SIX ACRE SITE LOCATED EAST OF MYKAWA RD.
PEARLAND WILL CONSIST OF TWO (ONE AND ONE/HALF) ACRE PARCELS
AND ONE' (THREE) ACRE PARCEL. AN ON-SITE RETENTION POND WILL BE
ENGINEERED & CONSTRUCTED TO ACCOMMODATE THE ENTIRE PROJECT.
OTHER LAND & VEGETATION IMPROVEMENTS ARE BEING REVIEWED AT
THIS TIME.
A 5,000 SQ. FT. OFFICE BUILDING WILL BE CONSTRUCTED 1N 2004 ON
ONE OF THE SMALLER PARCELS TO ACCOMMODATE THE THIRD
COAST TERMINAL'S OFFICE STAFF. A SECOND COMPANY. THIRD
COAST CHEMICALS, WILL ALSO MOVE THEIR STAFF OF sIX
PERSONNEL INTO THE BUILDING. WE EXPECT TO OFFICE
APPROXIMATELY 20 EMPLOYEES BY YEAR'S END.
A CONCRETE (CITY APPROVED) STREET FROM MYKAWA ROAD
WILL BE CONSTRUCTED. ALONG WITH DRIVE-WAYS, AND COVERED
PARKING. '
ATTACHMENT (B)
TIME SCHEDULE:
· MAY-AUG, 2004: FINAL LEGAL & BANKING ARRANGEMENTS,
DETENTION POND ENG~E~G, OFFICE CONSTRUCTION
CONTRACT. BIDS FOR DIRT WORK.
· AUG-OCT, 2004: FINAL BUILDING PLANS, AND SURVEY
REQUIREMENTS. INITIAL (SITE) DIRT WORK AND RETENTION POND,
EXTEND UTILITIES TO BUILDING SITE..
· OCT, 2004 OFFICE FOUNDATION COMPLETION, STREET ENTRANCE
& DRIVEWAY(S) COMPLETED. BUILDING COMPLETION. SITE
IMPROVEMENTS 8,: BEAUTIFICATION PROJECTS UNDERWAY.
· NOV, 2004: BUILDING DELIVERED AND SET-UP. INSTALL NEW
COMMUNICATIONS AND IT SYSTEMS. MOVE IN EMPLOYEES AND
HAVE OPEN HOUSE PARTY!!!.
· DEC, 2004: CONSTRUCT COVERED PARKING AREA. CONTINUE WITH
SITE IMPROVEMENTS.
Is the applicant seeking a variance under Section 3(0
o£the Guidelines?
If "YES" attach required supplementary information.
OTHER ABATEMENTS: Has company made application
for abatement of this project by another taxing
jurisdiction or nearby counties?
If "YES" provide dates of application, hearing dates,
if held or scheduled, name of jurisdictions and
contacts, and letters of intent.
YES ( )
NO00
YES ( ) NO (K/)
COMPANY REPRESENTATIVE TO BE CONTACTED
Name: , Larry Rysav¥
Title: Vice President
Address: 1R71 Myg~w~
Pear]and. TX
Telephone: 281 -41 2-0275
77581
Title: Vi ce
Revised November 21, 2000
EXHIBIT "D"
MANPOWER REPORT
that on tr~C~'~'~
Coast Terminals.
,20 ~ ~/there were
of Third Coast Terminals, do certify
individuals employed full time at Third
THE STATE OF TEXAS §
COUNTY OF q~ret~or'~.~ §
BEFORE ME, the undersianed Notary Public, on this day personally appeared
~}'rc~~ax/t../ , k}. ~'~, ofrhird CoaSt Terminals, being by me duly
sworn off his/her oaltt deposed and said that he/she is duly qualified and authorized in all respects to
make this affidavit; and that every statement contained in the Manpower Report is within his/her
knowledge and true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME on the~4~ay of ~])C~ ~c ,
, to certify which witness my hand and official seal.
Printed Name:
My Commission Expires: . ~ '"~!t~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter. News
2404 South Park
Pearland, Texas 77581
State of Texas r.
Brazoria and Harris Counties ` ,
•
I, Randy Emmons, hereby.certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris &..Galveston Counties, for 2 issues, was follows: ,
No. . / Date 1-e? 20 O
No. Date 20
.No. • Date 20
No. Date 20
•
No. Date 20
•
President
_iSubscribe and sworn to before me this I , day of
%AZ&P% LAURA ANN EMMONS
: • a Notary Public,State of Texas '' Laura Ann Emmons, Publisher.'
lFof��++.Commission Expires 09-09-2006
• Notary Public, State of Texas
Published Sept.8,2004
•
NOTICE,OF:PUBLIC
HEARING OF THE CITY
IOF PEARLAND
Notice is hereby given that
ion- the 27th -day of:
'September, 2004,at 6:30 '
p.m.,the City Council of the
City of Pearland, Brazoria,
Fort Bend, and Harris '
1 Counties,Texas,will con-
1-duct a Public Hearing in the
Council Chambers, City ,
Hall, 3519 Liberty Drive,
Pearland,Texas,to consid-
' er the creation of a reinvest-
' ment zone and taz abate-
; ment for Third Coast
, Terminals in accordance ,
with '312.201 of the Tax
ICode and City of Pearland's
Guidelines For Granting
Taxing Abatements.
At said hearing all interest-
ed parties shall have the
right and opportunity to
r appear and be heard on the
•
subject.
Is/Young Lorfing,TRMC
City Secretary
, This.site is accessible to
disabled individuals. For
special assistance,please ,
call Young Lorfing at
281.652.1655, prior to the
meeting so that appropriate
arrangements can be made.