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chain issues, delayed ASWP's ability to complete construction in 2019, and could reasonably be <br />deemed a force majeure ("Act of God") event. ASWP completed construction in 2020 and applied <br />and received the tax abatement in 2021. Lamar County Appraisal District treated 2021 as Year 1 <br />of the Abatement Period (which would have been Year 2 had ASWP been able to complete <br />construction in 2019 as planned) and has applied the agreement accordingly since that time. In <br />order to conform the language of the agreement to LCAD's interpretation of the Abatement Period, <br />allow ASWP to avail itself of the entire seven year abatement period intended by the parties, and <br />account for the force majeure pandemic event, Council will need to amend the Agreement to <br />specify that the Abatement Period began on January 1, 2021 and will terminate on December 31, <br />2027. <br />ASWP has made all required capital investments and has exceeded the staffing levels contemplated <br />in the agreement. <br />BUDGET: The attached amendment merely shifts the abatement year forward by a year; there was <br />no abatement in 2020; there may be a difference in taxable value, and hence tax revenues, between <br />the anticipated year 7 (2026) and the new year 7 (2027), but it is not likely significant. Year 7 is <br />to be abated by only 25%. <br />RECOMMENDATION: Approve the attached resolution approving an amendment to the tax <br />abatement agreement with American SpiralWeld Pipe Company, LLC to shift the 7 year abatement <br />period forward by one year. <br />