R-1989-19 - Laserfiche WebLink

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.. .- Annotation, page 6- e ,; .l request a second review if an abatement is turned down. A second hearing would be required. "The logic behind this provision is twoiold. First, if the petitioner doesnlt have the support of at least one commissioner, then there is no point in having a secQ~d review. Second, in requiring a new hearing, interested parties will have a full opportunity to view the modified proposal. -- Section 3e. Provides the abatement will not be granted if it io found that construction has alre&dy uegun. Some ~dmini~trutive interpretation is required for this section relative to \",hat level of activity constitutes "conunencementl' (permit, company project approval, and initial engineering, etc.) Section .3f.Variance procedure allows individual application changes to Section 2 provisions regarding the length, v.alue, eligible ~ropcrt1 and economic criteria for abatement. ) - Section 4a. If an affecteu jurisdiction is able to sho\., cause \,hy the abatement Ghould not be provided, such showing will be cause for the COIlUaissioners Court to derlY the designation. !t i~ important to point out that the affected juri~dicticns are tho~c .which. levy ta:;es and provide services into the affected area. Ii: the- jurisdiction levies taxes but pro.vides no services, it is not positioned to appeal. If it provides services but levies no te.:~es, it is not positioned to' appeal. Section 4b. In addition to adverse impact 011 affected jurisdictions, abatement will be denied if the applicant ha~ -i'ilsufficient financial capacity, the :filcility would viola. te safety or laws, etc. Section Sa. The agreement must contain specific definition of the base value, new improvements, years of abatement. The applicant also cornmi ts to the use of the property subj ect to verification and potential recapture. Applicant contracts l~ase conunit:nents, recapture, resolutioll. of conflicts, access';. to property, limits on assignment, etc. Section 6. nec~pture. Self-explanatory. Section 7. Administration. Self-explanatory. Section 8. The abatement may be assigned but not if obligations ara outstanding (buyer or seller) to all affected jurisdiction. Subject to County determination that the new operator hilS adequate".fiI:1ancial cilpacity to follow through on the agreemeat. j I Section 9a. The abatement policy docs no~ expire ilutomatically but a 1989 date is ~et to review the program. Any abc..tement is binding tor its full terI:\ stated in th~ agreement.