The text
Footnotes:
--- (1) --- Cross reference— Alcoholic beverages, ch. 6; amusements and entertainments, ch. 10; animals, ch. 14; aviation, ch. 18; buildings and building regulations, ch. 22; cable communications, ch. 30; health and sanitation, ch. 54; human relations, ch. 58; manufactured homes and trailers, ch. 62; peddlers and solicitors, ch. 78; secondhand goods, ch. 86; taxation, ch. 102; vehicles for hire, ch. 114; zoning, ch. 118.
State Constitution reference— Local occupation taxes, art. VIII, § 1(f).
State Law reference— Private Investigators and Private Security Agencies Act, Vernon's Ann. Civ. St. art. 4413(29bb); consumer protection, Vernon's Ann. Civ. St. art. 5069-9.01 et seq.; licensing of persons with criminal backgrounds, Vernon's Ann. Civ. St. arts. 6252-13c, 6252-13d; municipal regulation of use of highways by motor vehicles, Vernon's Ann. Civ. St. art. 6698; occupational and business regulation, Vernon's Ann. Civ. St. art. 8402 et seq.; weights and measures, V.T.C.A., Agriculture Code § 13.001 et seq.; municipal regulation of miscellaneous businesses, V.T.C.A., Local Government Code § 215.001 et seq.; municipal authority to regulate sexually oriented business, V.T.C.A., Local Government Code § 243.001 et seq.; deceptive business practices, V.T.C.A., Penal Code § 32.42.
ARTICLE I. - IN GENERAL#
Sec. 26-1. - Occupation tax.#
There is hereby levied and collected from every person, firm, company or association of persons pursuing any occupation on which the state collects an occupation tax, an occupation tax or alcoholic beverage permit fee of one-half of the amount collected by the state, and as the state shall amend. Such taxes are to be paid to the tax assessor and collector annually in advance unless otherwise provided by state law.
(Code 1979, ch. 1, § 10)
State Constitution reference— Local occupation taxes, art. VIII, § 1(f).
Sec. 26-2. - Cedar yards.#
(a)
Unlawful to establish. It shall be unlawful for any person to establish or create a cedar yard within the corporate limits of the city. For the purposes of this section a cedar yard is defined to be any place or site where poles or posts of cedar, or of any other wood, are kept stacked or placed for the purpose of sale or delivery.
(b)
Regulations for existing cedar yards. It shall be unlawful for any person to use, operate and maintain any existing cedar yard within the corporate limits of the city, unless and until the same shall meet and comply with the following specifications and requirements:
(1)
No cedar yard shall occupy or be situated on more than 21,609 square feet of land, and no cedar yard shall be located contiguous or adjacent to any other cedar yard.
(2)
Poles or posts shall not be placed in stacks or piles of more than five feet in height.
(3)
No stack or pile of poles or posts shall be located nearer than ten feet to any other stack or pile of poles or posts.
(4)
No stack or pile of poles or posts shall be located nearer than 50 feet to any existing building.
(5)
Every cedar yard shall be continuously equipped with fire extinguishers of a number and with specifications set and approved by the fire marshal or the city manager or his designee.
(Code 1979, ch. 4, § 3)
State Law reference— Timber, V.T.C.A., Natural Resources Code ch. 151 et seq.
Sec. 26-3. - Tourist courts and camps.#
(a)
Standards to be met prior to operation. It shall be unlawful for any owner or lessee of any tourist camp, trailer camp, cabin, construction camp, or any similar establishment, to own, rent, or operate the same in the city without first providing a water supply; excreta and sewage disposal connection; garbage and refuse disposal; and heating, lighting, ventilation, plumbing, screening and spacing, as provided and approved by the United States Public Health Service, as provided in this section, and by ordinances and law of the city and the state health department supplementing and cumulative of the terms of this section.
(b)
Water supply systems. Connections must be made with the city water supply wherever available, and all private water supplies must be of a standard to meet the requirements of the state health department.
(c)
Sewage disposal systems. There shall be provided at each establishment a method of excreta and sewage disposal which complies with the requirements of the Sanitary Code of the United States Health Service and state law. If the establishment is within 300 feet of a sewer line, then the same shall be connected therewith and shall be governed by the rules and regulations of the city sewer system. If the establishment is not within 300 feet of such line, then there shall be provided by such owner or lessee an approved septic tank connection which shall meet the approval of the city plumbing inspector. At least one connection shall be made for each 15 persons of each sex.
(d)
Disposal of garbage and refuse. The disposal of all garbage and refuse shall be in compliance with the requirements of the city health department and all laws of the state, and the Sanitary Code of the United States Health Service.
(e)
Heating, lighting, ventilation and screening of buildings. All cabins, trailers, and other inhabited buildings of such establishments located on such premises shall be heated, lighted, ventilated and screened so as to meet the requirements of the city building code and the laws and regulations of the state health department and part VIII of the Sanitary Code of the United States. There shall be a space of 20 feet between each row or tier of such improvements, and the ground shall be well drained so as to carry off the water. Not less than 20 feet shall be allowed from side to side of each improvement in the establishment.
(f)
Proposed plan to be submitted to city. Before erecting and maintaining any tourist camp, trailer camp, or any form of establishment for occupancy of persons or vehicles, a plan of the same, including the plan for water supply, excreta and sewage disposal, garbage and refuse disposal, heating, lighting, ventilating, plumbing, sewer connection, screening and drainage shall be reduced to writing and submitted to the building official or the city planning and zoning commission if such commission is functioning, and must be approved by the city health officer and superintendent of the water and sewer department for approval. No class of establishment described in this section shall be erected and offered to the public for occupancy until such plans have been approved and signed by such authorities. It shall be unlawful to maintain for rent and use by the public any of the establishments described above on any premises in the city, until a permit has been issued permitting the same, and signed by the authorities designated in this subsection. Any person violating any term or condition of this section, and any person maintaining any establishment on his premises, or on any premises rented or leased by him, without first obtaining the permit provided for in this section, and complying with the conditions specified in this section shall be deemed guilty of a misdemeanor.
(Code 1979, ch. 3, § 4)
Secs. 26-4—26-25. - Reserved.#
ARTICLE II. - PUBLIC AUCTIONS#
Footnotes:
--- (2) --- State Law reference— Auctioneers, Vernon's Ann. Civ. St. art. 8700.
DIVISION 1. - GENERALLY#
Sec. 26-26. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
New means all goods, wares and merchandise which shall have been purchased from manufacturers, jobbers or wholesalers by the person selling the same at auction, without having heretofore been exposed for sale to the public at retail.
Salvage means all goods, wares and merchandise, however secured, when the same has theretofore been exposed for sale to the public at retail by any person, provided that the property, otherwise new, shall not be classified as salvage by reason of having theretofore been offered for sale at retail by the person offering the same at auction.
Used means all goods, wares and merchandise that has theretofore at any time been sold at retail regardless of by whom.
(Code 1979, ch. 4, § 4(D))
Cross reference— Definitions generally, § 1-2.
Sec. 26-27. - Auctioneer not to substitute articles.#
No auctioneer after offering for sale and selling any articles in the manner prescribed by law, or under the provisions of this article shall thereafter substitute any article in lieu of that offered for sale and purchased by the bidder.
(Code 1979, ch. 4, § 4(G))
Sec. 26-28. - Misrepresentations.#
It shall be unlawful for any person acting as an auctioneer to make any statements which are false in any manner or which have a tendency to mislead any person present, or to make any misrepresentation whatever, or at all, as to the quality, quantity, character, present condition, value, cost, general selling price, or whether new, salvage or used, or partly so, of any property offered for disposal by auction sale.
(Code 1979, ch. 4, § 4(I))
Sec. 26-29. - By-bidders.#
It shall be unlawful for any person to act as a by-bidder, or what is commonly known as a capper or a booster at any such auction, or place where such auction is taking place, or to offer to make or to make any false bid to buy, or to pretend to buy any such article sold or offered for sale at any such auction.
(Code 1979, ch. 4, § 4(J))
Sec. 26-30. - Sale of article not shown in inventory; exception.#
It shall be unlawful for any auctioneer to offer for sale or to sell any article not shown in the inventory filed in the office of the tax assessor and collector of the city. It shall be unlawful to expose for sale, or to offer to sell or otherwise dispose of at any place where an auction sale is being held, or authorized to be held, any such article, not shown in the inventory filed in the office of the tax assessor and collector, or on inventory posted as provided in section 26-44. This section does not apply if section 26-44 has been waived under the conditions set forth in section 26-45.
(Code 1979, ch. 4, § 4(K))
Secs. 26-31—26-40. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 26-41. - Required; exceptions.#
It shall be unlawful for any person, firm, association or corporation to sell, dispose of or offer for sale, in the city, at a public auction within the corporate limits of the city, any goods, wares, and merchandise, whether the same shall be their own property or whether the sale of same shall be by and through agents, or employees, or others, without first complying with the provisions of this article and obtaining a license from the tax assessor and collector of the city. This section shall not apply to judicial sales; to sales by executors or administrators, trustees, or assignees under the terms of any instrument given to secure a bona fide indebtedness granting the power of sale; nor to sales of unclaimed freight, or express, as provided by law; nor to sales by sheriffs, constables, or other officers of the state or the United States of America, as provided by law; nor to any kind of auction sale expressly authorized by the statutes of the state or the United States, or as may hereafter be authorized; nor to the sale of any livestock, agricultural products or farming tools, implements, or equipment; nor to auctioneers and associate auctioneers who are licensed under and comply with Vernon's Ann. Civ. St. art. 8700, as amended from time to time.
(Code 1979, ch. 4, § 4(A))
Sec. 26-42. - Issuance.#
Any person desiring to hold an auction sale for the sale of the goods described in this article shall make application to the assessor and collector of taxes of the city, as provided in section 26-43, and shall state in such application the residence of such person seeking to hold such auction sale for the 12 months next preceding the filing of such application and the period of days such person desires to hold the auction sale. The assessor and collector of taxes of the city shall issue to such person a license for the period of time designated, upon the compliance by such person with the terms of this article; provided, however, that no such license shall be issued for a period longer than one year.
(Code 1979, ch. 4, § 4(B))
Sec. 26-43. - Application.#
The application for a license shall be in writing and sworn to, stating the name of the applicant, his residence, and his residences for the 12 months next preceding the filing of this application, the street and number of the proposed place of sale, the length of time for which the license is desired, whether or not the applicant has previously conducted sales within the city or elsewhere engaged in a like or similar business, either with or without sales at auction, and shall designate the places and length of time such sales were conducted.
(Code 1979, ch. 4, § 4(C))
Sec. 26-44. - Inventory of goods offered for sale to be attached to application.#
(a)
The application for a license shall have attached to it a sworn inventory of the stock of merchandise or goods to be offered for sale, setting out the quality, quantity, kind or grade of each item. Such inventory shall also designate the character of the merchandise offered for sale as new, salvage, or used. To such inventory there shall be attached an affidavit that such inventory is in all respects true and correct, and, in the case of an individual, such affidavit shall be made by him as such; in the case of a firm or association, it shall be made by one of the partners or members; and in the case of a corporation, it shall be made by its president, general manager, secretary or treasurer.
(b)
Such inventory and affidavit when so made shall be kept on file in the office of the tax assessor and collector of the city as a part of the public records. No merchandise shall be sold at such auction sale except that referred to and included in the inventory which inventory and affidavit thereto are specifically made a part of the application for license. Such inventory shall also be posted at the city office, county courthouse and the place where the auction is to be held for a period of time not less than one week prior to opening date of sale or to date on which such merchandise is offered for sale.
(c)
Whenever any extension of time covered by any license granted under this article is sought, and no new or additional merchandise is to be sold during such extension, other than that covered by the inventory theretofore filed, such license shall be issued upon the payment of the license fee, if any, provided in this division for such period of time. Should the licensee desire to sell any new or additional goods, wares, or merchandise not included in the original inventory, such application shall be accompanied by an inventory covering such additional merchandise in the same manner and form as is provided for in the original application.
(Code 1979, ch. 4, § 4(D))
Sec. 26-45. - Exceptions to section 26-44.#
Section 26-44 may be waived by the council upon the applicant's showing of good cause.
(Code 1979, ch. 4, § 4(E))
Sec. 26-46. - Bond required of applicant.#
(a)
The applicant shall, before the issuance of a license, tender a bond payable to the city. Such bond shall be signed by the applicant, as principal, and by some solvent surety company authorized to do a surety bond business within the state, as surety, in the penal sum of $1,000.00, and shall be approved by the city manager, and shall be conditioned as follows: The principal thereon shall pay all losses and damages which may be lawfully claimed against him on account of any material misrepresentations of facts, or any material suppression of facts concerning the merchandise to be offered or auctioned at such sale, or caused by any violation of any of the provisions of the terms of this article. Such bond shall be made amenable to the claim or suit of any person who may sustain any loss or damage on account of any such misrepresentation, or suppression, and shall cover all auction sales of merchandise described in the inventory made, and required to be filed in the office of the tax assessor and collector of the city.
(b)
However, if the inventory requirement of section 26-44 has been waived, then such bond shall cover all auction sales held in the city by the principal license.
(c)
Any such person sustaining any loss or damage may bring suit in any court of competent jurisdiction to recover the same, and the provisions of the bond shall be construed liberally in favor of any such person on account of any loss or damage sustained by any such person, either directly or indirectly. All remedies upon or under such bond shall be in addition to and cumulative of all other remedies the parties may have at law, or in equity for recoupment of any such losses or damages. Successive recoveries may be had upon such bond without exhausting them, or in any manner discharging the same, provided that when the penal amount of the bond shall be reduced by such recoveries below $500.00, then and if an additional bond shall be filed by the licensee in such an amount as will provide a penal liability of $1,000.00.
(Code 1979, ch. 4, § 4(F))
Sec. 26-47. - Fees.#
Before any license shall be issued under this article, the applicant shall pay to the tax assessor and collector of the city a license fee, in advance, at the rate of $5.00 per day for each of the days for which sales are authorized by the license granted under this article, provided that the total license fee for any permit for any one year shall not exceed $50.00.
(Code 1979, ch. 4, § 4(H))
Sec. 26-48. - Revocation.#
After conviction in the municipal court of the city for any offenses defined by this article, the council may, in its discretion, revoke the license theretofore granted under this article, provided that, upon revocation of any such license, any license fee theretofore collected in excess of the license fee which would have been used for the period during which the auction had theretofore operated shall be refunded to such licensee.
(Code 1979, ch. 4, § 4(M))
Sec. 26-49. - Applicants heretofore licensed.#
If any person shall present an application for a license who has theretofore been the owner of a license which has been revoked by conviction of a misdemeanor under this article, the application shall be passed upon by the council, and the council shall, in its discretion, issue or deny such license for good cause shown.
(Code 1979, ch. 4, § 4(N))
Secs. 26-50—26-60. - Reserved.#
ARTICLE III. - ECONOMIC DEVELOPMENT INCENTIVES#
Footnotes:
--- (3) --- Editor's note— Ord. No. 2006-16, § 2, adopted July 11, 2006, amended the former Art. III, §§ 26-62—26-68, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from Ord. No. 96-1, §§ B—G, adopted Jan. 9, 1996.
Cross reference— Taxation, ch. 102.
Sec. 26-61. - Purpose.#
(a)
The city is committed to the promotion of quality development in all parts of the city and to improving the qualify of life for its citizens. In order to help meet these goals, the city will consider providing tax abatement and other incentives within the "reinvestment zone" to stimulate economic development within the city. It is the policy of the city that such incentives will be provided in accordance with the procedures and criteria outlined in this document. However, nothing in this policy shall imply or suggest, by implication or otherwise, that the city is under any obligation to provide any incentive to any applicant; and all such decisions and actions shall be at the sole discretion of the city council. All applicants for tax abatement and other economic development incentives will be considered on an individual basis.
(b)
It is the intent of the city to offer tax abatement and other economic development incentives on an individual basis so that the total package of incentives, if any, may be designed specifically for each project which is proposed. This approach will allow the city the flexibility necessary to satisfy the unique needs and concerns of each applicant and the needs and concerns of the city and its citizens.
(Ord. No. 96-1, § A, 1-9-96)
Sec. 26-62. - Definitions.#
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Electric utility incentive means a discount to that portion of the electric service charged to a customer and named city distribution charge as described in Chapter 110, Article IV of the current City of Burnet Code of Ordinances.
Eligible facility means a structure or building that is designed, constructed or remodeled for use solely as a commercial or industrial business purpose and that is located wholly within a reinvestment zone.
Eligible business means a new or existing business that locates or is currently located within the city limits of the City of Burnet.
Incentive agreement means a written agreement defining the terms and conditions of a tax abatement and/or economic development incentives.
New employment means an increase to the current number of full-time jobs.
New value means the net increase in the value of an eligible facility, including the real estate, improvements and fixtures, together with the machinery and equipment therein. New value does not include inventory.
Reinvestment zone means that area of the city identified as a reinvestment zone in a current ordinance; such designation being made by the city council in the manner specified in V.T.C.A. §§ 312.201 or 312.2011, Tax Code.
(Ord. No. 96-1, § B, 1-9-96; Ord. No. 2006-16, § 2, 7-11-06)
Sec. 26-63. - Minimum requirements and criteria.#
(a)
The following are the minimum requirements that must be satisfied for any application for tax abatement, electric utility incentives or any other incentives to be considered:
(1)
Any request for abatements and or incentives shall be initiated prior to beginning construction of the proposed project(s).
(2)
Employment and development.
a.
The minimum amount of new employment will be provided as described in the sections 26-64 and/or 26-65 of this document as follows:
1.
At least 25 percent of the jobs provided will be made available to residents of the city.
2.
At least 50 percent of the jobs provided will either be made available to the residents of the county or be composed of existing employees that relocate to the county; and
3.
Compliance with the requirements of local hiring will remain in effect for the entire period that economic development incentives are being offered.
b.
The applicant must be investing at least the minimum new value as described in sections 26-64 and/or 26-65 of this document; and
c.
The proposed project must be in compliance with the city's master plan, zoning ordinances, building codes and all other applicable city ordinances.
(3)
Offsets and adjustments. The assessed value of any property that is demolished will be subtracted from the value of the property replacing it, for the purpose of calculating the portion eligible for incentives.
(4)
A maximum two-year construction period from the date of execution of the incentive agreement shall apply.
(b)
Nothing herein shall imply or suggest that the city is required to offer incentives to any person, organization, joint venture, partnership, association, or corporation.
(c)
The city reserves the right to review and change the qualifying schedules and incentive program at any time except that where an incentive agreement has been duly executed, the incentive agreement shall supersede.
(Ord. No. 96-1, § C, 1-9-96; Ord. No. 2006-16, § 2, 7-11-06; Ord. No. 2009-08, § 2, 5-26-09)
Sec. 26-64. - Tax abatements.#
The portion of the property for which a business may qualify for tax abatement will be determined on the basis of the level of new value or new employment added within the reinvestment zone. For example, if new value is added having an aggregate value of at least the amount specified in the following qualifying schedule, or if new employment adds at least the number of jobs specified in such schedule, then the abatement schedule for which the business qualifies shall be the greater of the two.
Tax Abatement Qualifying Schedule New value
at least New employ-
ment at least Use schedule
number
$500,000 5 1
$1,000,000 10 2
$5,000,000 20 3
$10,000,000 30 4
$30,000,000 Negotiable* Negotiable*
Depending on the schedule for which the business qualifies, a percentage of the tax may be abated on an eligible facility as follows: Year #1 #2 #3 #4
1 25% 50% 75% 100%
2 25% 50% 75% 100%
3 - 25% 50% 75%
4 - 25% 50% 50%
5 - - 25% 25%
*Where tax abatement qualifying schedules are negotiated, in no case shall the abatement period exceed ten years.
(Ord. No. 96-1, § D, 1-9-96; Ord. No. 2006-16, § 2, 7-11-06)
Sec. 26-65. - Electric utility incentives.#
Electric utility incentives may be offered to businesses that qualify as determined by the city's economic development incentives. The amount of discount to be offered will be determined using the following tables for new value and new employment created within the reinvestment zone. For example, if new value is added having aggregate value of $3,000,000.00 and the new employment is anticipated to be 30 jobs, then the schedule that would apply is the larger one, or schedule 4.
Electric utility incentives apply only to the city distribution charge as denoted in Chapter 110, Article IV of the current City of Burnet Code of Ordinances.
Electric Utility Incentive Qualifying Schedule New value
at least New employ-
ment at least Use schedule
number
$500,000 5 1
$1,000,000 10 2
$5,000,000 20 3
$10,000,000 30 4
$30,000,000 Negotiable Negotiable
Depending on the schedule for which the business qualifies, a percentage of the electric utilities may be discounted on an eligible facility as follows: Year #1 #2 #3 #4
1 15% 20% 25% 30%
2 15% 20% 25% 30%
3 - 15% 15% 25%
4 - - 15% 20%
5 - - - 15%
(Ord. No. 2006-16, § 2, 7-11-06)
Sec. 26-66. - Other incentives.#
(a)
Upon approval by the city council, projects that meet the minimum tax abatement and/or electric utility incentive criteria, and that have a minimum new value of $10,000,000.00 may also be eligible for the following economic development incentives:
(1)
Reduction of plan review fees, building permit fees, inspection fees, sign permits and construction meter loops;
(2)
Reduction of certain costs related to infrastructure improvements as defined by the incentive agreement.
(b)
Impact fees and utility taps are not waived or discounted.
(Ord. No. 2006-16, § 2, 7-11-06; Ord. No. 2007-31, § 2, 11-27-07)
Sec. 26-67. - Business retention program.#
Any existing eligible business currently in business in the city shall be eligible for the economic incentive program subject to the following requirements: (a)
The minimum requirements and criteria as defined in section 26-63 of this chapter shall apply.
(b)
Tax abatements will only be considered for the increase in valuation above the existing valuation.
(c)
All new value and/or new employment criteria as defined in sections 26-64 and 26-65 shall apply.
(d)
Except as applicable in subsection (g) of this section, businesses not located in the reinvestment zone, shall relocate to the reinvestment zone.
(e)
For business relocation from a non-investment zone location into the reinvestment zone, eligibility for incentives will be determined using the increased new value at the new location over the value at the previous location and/or increased new employment over the employment at the previous location, whichever is greater.
(f)
Expansion or modernization of existing facilities in the reinvestment zone shall be eligible for economic incentives using the new value and/or new employment criteria as defined in sections 26-64 and/or 26-65 once per five-year period. however, upon finding that an expansion or modernization project will make a unique or unequaled contribution to the ad valorem tax base, economy, development, redevelopment, or employment opportunities in the city, the city council shall have the authority, to waive the five-year minimum, the terms of which will be determined on a case by case basis.
(g)
Existing businesses located in a newly designated reinvestment zone may apply for incentives relative to this section providing the business expansion meets the new value and/or new employment above their existing values and employment at the time of the designation.
(Ord. No. 2006-16, § 2, 7-11-06; Ord. No. 2009-08, § 2, 5-26-09)
Sec. 26-68. - Retail, hospitality and tourism.#
Retail, hospitality and tourism businesses are not routinely eligible for the incentive program, however, upon finding that a project will make a unique or unequaled contribution to the ad valorem tax base, sales tax base, economy, development, redevelopment, tourism or employment opportunities in the city, the city council shall have the authority, subject to state law, to offer incentives appropriate to the type and scope of the business, the amount and terms of which will be determined on a case by case basis, regardless of location. The minimum new value for retail, hospitality and tourism businesses shall be $1,000,000.00 and the minimum new employment shall be ten new jobs. Both minimum criteria shall be met.
(Ord. No. 2006-16, § 2, 7-11-06)
Sec. 26-69. - Application procedures.#
(a)
Any person, organization, joint venture, partnership, association, or corporation desiring that the city consider providing tax abatement and other economic development incentives shall be required to comply with the following procedures:
(1)
Applicants shall make written application to the city;
(2)
A complete legal description of the property along with a plat showing the precise location of the project shall be submitted;
(3)
A brief description of the proposed improvements or expansion must be provided along with the project's estimated cost, the type of business operation proposed, the number and type of jobs created, the expected source of labor to fill such jobs, the projected date of the beginning operation and the type and the value of the tax abatement and other economic development incentives which are requested;
(4)
Applicants shall submit either a current financial statement, if currently in business, or a prospective financial statement, if a startup business; and
(5)
Applicants shall provide other information as required by the city.
(b)
All applications will be reviewed by the city manager-authorized representative for completeness and accuracy, and comments will be received from the appropriate city departments. Once this information is compiled, the application and review comments will be forwarded to the members of the city council and to other taxing entities which may be involved in offering tax abatement. After the review by the city council and other taxing entities, additional information may be requested of the applicant.
(c)
All requirements of the Property Redevelopment and Tax Abatement Act, Chapter 312, Texas Tax Code, shall be followed.
(Ord. No. 2006-16, § 2, 7-11-06)
Sec. 26-70. - Incentive agreement.#
(a)
If the city council determines in its sole discretion that it is in the best interest of the city to grant incentives to a particular applicant, a resolution shall be adopted approving the terms and conditions of the incentive agreement with the applicant. The incentive agreement will enumerate the types of incentives to be provided and the conditions applicable to such incentives.
(b)
All such incentive agreements must, at minimum, be in writing and include:
(1)
A description of each of the types of incentives to be provided;
(2)
The commencement date of the incentives and the duration of the incentives;
(3)
A legal description of the property indicating its location;
(4)
Detailed information regarding the type, number, location and cost of planned improvements;
(5)
A plan providing access to and inspection of the property and the proposed improvements by city inspectors and officials to ensure that the improvements are made according the requirements and conditions of the agreement;
(6)
A provision limiting the uses of the property consistent with the general purpose of encouraging development or redevelopment of the zone during the period that tax abatement and other economic development incentives are in effect; and
(7)
A method by which the business receiving incentives will certify in writing to the city that the business is in compliance with the incentive agreement and provide the city with documentation to substantiate the level of value, including but not necessarily limited to, annual company financial reports, state and/or federal employment reports, and Burnet County tax appraisal statements.
(8)
A method for the city to recover property tax revenues and all waived fees and costs which are lost as a result of the agreement if the applicants fails to perform its obligations under the agreement.
(d)
The incentive agreement shall be nontransferable. Businesses entering into an incentive agreement shall be required to disclose to the city, in writing, any transfer of ownership.
(Ord. No. 2006-16, § 2, 7-11-06)
Secs. 26-71—26-79. - Reserved.#
ARTICLE IV. - TREE TRIMMING SERVICES#
Sec. 26-80. - Purpose.#
The accumulation of brush, branches, limbs, leaves, and other tree trimmings is a threat to the health of the community, creates fire hazards, detracts from the quality of life and the economic development of the community, and constitutes a public nuisance. The purpose of this article is to establish a mechanism of tracking persons performing tree trimming services in the city and to ensure proper disposal of brush, branches, limbs, leaves, and tree trimmings that result from the provision of said services.
(Ord. No. 2005-12, § 2, 8-9-05)
Sec. 26-81. - Registration and permit required; exceptions.#
(a)
Any person performing tree trimming services within the city limits in exchange for consideration shall hold a valid and current registration certificate and permit for tree trimming services issued pursuant to this article. Tree trimming services shall include pruning, cutting, removing, or shaping branches, limbs, trees, or shrubbery.
(b)
Any person who performs tree trimming services on property the person owns or occupies pursuant to a rental agreement with the property owner shall be exempt from the permit and registration requirements of this article.
(Ord. No. 2005-12, § 2, 8-9-05)
Sec. 26-82. - Annual registration.#
Every person providing or desiring to provide tree trimming services within the city shall register with the city annually on an application provided for that purpose by the building official or designee. Such registration application shall contain the address, telephone number, and name of the business or individual performing tree trimming services, and the owner of the business. Incomplete applications shall not be accepted. Upon determining compliance with the requirements of this section, the building official or designee shall issue a registration certificate to the applicant, which the applicant shall display at his or her place of business.
(Ord. No. 2005-12, § 2, 8-9-05)
Sec. 26-83. - Expiration and renewal of registration.#
All registration certificates shall expire one year from the date the permit is issued. Registration may be renewed the execution of a verified statement that the information on the original registration application continues to be valid. If any of said information is no longer valid, the applicant must present the corrected information, appropriately sworn to, at the time of renewal of the registration.
(Ord. No. 2005-12, § 2, 8-9-05)
Sec. 26-84. - Application for permit; fees; duration of permit.#
(a)
Every person providing or desiring to provide tree trimming services on a property within the city shall obtain a permit from the city prior to performing tree trimming services on such property.
(b)
Persons who desire to obtain a permit shall submit a completed permit application in the form provided by the city and payment of the permit fee established in the fee schedule found in Appendix B of this Code to the building official or designee by personal delivery, or by facsimile or email at least one business day prior to the time at which tree trimming services commence. Incomplete applications shall not be accepted. The permit application shall contain the address at which tree trimming services will be performed, the name of the person requesting tree trimming services, the date(s) services will be provided, and the method by which brush, branches, limbs, trees, leaves, and other tree trimmings will be removed from the property and disposed of.
(c)
The permit shall be displayed on the dash board of the vehicle used to provide tree trimming services.
(d)
The permit shall be valid only for the property and the dates specified in the approved application.
(Ord. No. 2005-12, § 2, 8-9-05; Ord. No. 2024-08, § 6, 3-12-24)
Sec. 26-85. - Revocation or suspension of permit or registration.#
A registration certificate issued under this article may be revoked or suspended for violation of any provision of this article with seven days' written notice and opportunity to appeal to the city manager. The city manager's decision shall be final.
(Ord. No. 2005-12, § 2, 8-9-05)
Sec. 26-86. - Disposal of tree trimmings.#
Every person performing tree trimming services in the city shall remove or cause to be removed and properly disposed of brush, branches, limbs, leaves, and other tree trimmings from property at which the person performs tree trimming services at the time said services are complete.
(Ord. No. 2005-12, § 2, 8-9-05)
Sec. 26-87. - Penalty.#
(a)
Except as otherwise provided in this section, any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(b)
Any person who shall violate section 26-86, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ord. No. 2005-12, § 2, 8-9-05)