1989-11-13 Regular Meeting - Laserfiche WebLink

Browse Search

e e Annotation, page 6 l request a second review if all abatement is turned down. A second hearing would be required. The logic behind this provision is twoiold. First, if the petitioner doesn't have the support of at least one commissioner, then there is no point in having a seco~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 iB found that construction has alre~dy begun. Some ailinini~tr~tive interpretation is required for this section relative 'to ",hat leve:l of activity constitutes n commencement" (permit, company project approval, and initial engineering, etc.) Section 3f.Variance procedure allows individual application changes to Section 2 provisions regarding the length, value:, eligible ~ropert1 and economic criteria ior abatement. -, - Section 4a. If an affecteci jurisdiction is able to snO\l causc \lh1 the abateme~t ~hould not be provided, such showing will be cause ::or the Conuaissioners Court to dcny the designation. It is important to point out that the affected juri~dicticns ~rt:'! t.ho~c which. levy ta:=es and provide serviccs into the aifected area. :U: the jurisdiction levies taxe~ but prqvides no services, it is no't. positioned to appeal. If it providcs sf:rviceB but levies no tc.;~es , it is not positioned to' appeal. Section 4b. In addition to adverse impact on affccted jurisdictions, abatement will be denied if the Clpplicant hCi~ filSufficient financial capacity, the I<1cili ty would violat~ safety or laws, etc. Section Sa. The agreement must contain specific definition o~ the base value, new improvements, years of ilbatcmer.t. The applicant also cor.uni ts to the use of the property 5ubj ect to verific~tion and potential recapture. A?plicant contracts lease commi t:nents, recapture, resolution 0 f conflicts, access;. to pruperty, limits on assignment, ctc. Section 6. Uecapture. Self-explanatury. Section 7. Administration. Self-explanatory. Section 8. The abatement may be assigned but not if obligations are outstanding (buyer or seller) to an affected jurisdiction. Subj ect '. to County determinution that the new opera tor hus adequate financial c~pacity to follow through on the agreeme:lt. ~ Section 9a. The abatement policy dOdS not expire ilutombtically bu't. a. 1989 date is :Jet to r-eview the program. Any ab&tement is binding tor i't.s full term stated in the agreement.