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<br />e <br /> <br />e <br /> <br />(d) Any applicant requesting a variance under Section 3 (f) <br />shall be approved by a vote of at least three-fourths (3/4) <br />of the Commissioners Court. No application which deviates <br />from the requirements of these Guidelines and Criteria <br />shall be approved unless accompanied by a request for <br />variance as provided under Section 3(f). <br /> <br />AGREEMENT Section 5. <br /> <br />(a) After approval the County shall formally pass a resolution <br />and execute an agreement with the owner of the facility and <br />lessee as required which shall include: <br />(1) estimated value to be abated and the base year value; <br />(2) percent of value to be abated each year as provided <br />in Section 2(g); <br />(3) the commencement date and the termination date of <br />abatement; <br />(4) the proposed use of the facility; nature of <br />construction, time schedule, map, property <br />description and improvement list as provided in <br />Application, Section 3(b); <br />(5) contractual obligations in the event of default, <br />violation of terms or conditions, delinquent taxes, <br />recapture, administration and assignment as provided <br />in Sections 2(a), 2(f), 2(g), 6,7 and 8, or other <br />provisions that may be required for uniformity or by <br />state law, and; <br />(6) amount of investment and average number of jobs <br />involved. <br /> <br />Such agreement shall normally be executed within 60 days <br />after the applicant has forwarded all necessary information <br />and documentation to the County. <br /> <br />RECAPTURE Section 6. <br /> <br />(a) In the event that the facility is completed and begins <br />producing product or service, but subsequently discontinues <br />producing product or service for any reason excepting fire, <br />explosion or other casualty or accident or natural disaster <br />for a period of one year during the abatement period, then <br />the agreement shall terminate and so shall the abatement of <br />the taxes for the calendar year during which the facility <br />no longer produces. The taxes otherwise abated for that <br />calendar year shall be paid to the County within sixty days <br />from the date of termination. <br /> <br />(b) Should the County determine that the company or individual <br />is in default according to the terms and conditions of it's <br />agreement, the County shall notify the company or <br />individual in writing at the address stated in the <br /> <br />- 7 - <br />