HomeMy WebLinkAboutContract 29417 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
TAX ABATEMENT AGREEMENT
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and
between the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Reid Rector,
its duly authorized Assistant City Manager, and F.L. MOTHERAL CO., INC., a Texas
corporation doing business as MOTHERAL PRINTING COMPANY ("Motheral") acting by
and through Jim Motheral, its duly authorized President.
The City Council of the City of Fort Worth ("City Council") hereby finds and the City and
Motheral hereby agree that the following statements are true and correct and constitute the basis
upon which the City and Motheral have entered into this Agreement:
A. On February 26, 2002, the City Council adopted Resolution No. 2811, stating that
the City elects to be eligible to participate in tax abatement and including guidelines and criteria
governing tax abatement agreements entered into between the City and various third parties,
entitled "Tax Abatement Policy Statement for Qualifying Development Projects" (the "Policy
Statement"), which is attached hereto as Exhibit "A" and hereby made a part of this Agreement
for all purposes.
B. The Policy Statement contains appropriate guidelines and criteria governing tax
abatement agreements to be entered into by the City as contemplated by Chapter 312 of the Texas
Tax Code, as amended (the"Code").
C. On March 25, 2003, the City Council adopted Ordinance No. 15499 (the
"Ordinance") establishing Tax Abatement Reinvestment Zone No. 43, City of Fort Worth, Texas
(the "Zone").
D. Motheral currently operates a printing facility on land owned by Motheral at 510 S.
Main Street in the City (the "Main Street Property"). Motheral wishes to relocate its printing
facility from the Main Street Property and, for such purpose, has leased certain real property
located entirely within. the Zone and that is more particularly described in Exhibit `B", attached
hereto and hereby made a part of this Agreement for all purposes (the "Land"). The Land is
owned by Centerport Properties, Inc. ("Centreport"). A copy of the lease that Centreport and
Motheral have executed is attached hereto as Exhibit"D" (the "Lease").
E. On November 18, 2003, the City Council approved execution of a tax abatement
agreement with Centreport under which the City has agreed to abate a certain percentage of
Centreport's real property taxes on the Land, as more particularly described in such tax abatement
agreement (the "Centreport Abatement"). The Centreport Abatement, once executed, will be a
T!]
.I'F.JPage 1 ..Tax Abatement Agreement between1'.'City of Fort Worth and Motheral Printing Company ,
public document on file in the City Secretary's Office and will be incorporated herein by reference
for all purposes.
F. Motheral plans to cause to be constructed the Required improvements, as defined in
Section 1.1 of this Agreement and in accordance with the Lease, on the Land for the use as and
operation of a printing facility and business (the"Project").
G. On January 20, 2003 Motheral submitted an application for tax abatement to the
City concerning the contemplated use of the Land (the "Application'), attached hereto as Exhibit
"C"and hereby made a part of this Agreement for all purposes.
H. The contemplated use of the Land, the Required Improvements, as defined in
Section 1.1, and the terms of this Agreement are consistent with encouraging development of the
Zone and generating economic development and increased employment opportunities in the City,
in accordance with the purposes for creation of the Zone, and are in compliance with the Policy
Statement, the Ordinance and other applicable laws, ordinances, rules and regulations.
I. The terms of this Agreement, and the Land and Required Improvements, satisfy the
eligibility criteria of the Policy Statement.
I Written notice that the City intends to enter into this Agreement, along with a copy
of this Agreement, has been furnished in the manner prescribed by the Code to the presiding
officers of the governing bodies of each of the taxing units in which the Land is located.
NOW, THEREFORE, the City and Motheral, for and in consideration of the terms and
conditions set forth herein, do hereby contract, covenant and agree as follows:
1. MOTHERAL'S COVENANTS.
1.1. Real Property Improvements.
In accordance with the Lease, Motheral shall cause to be constructed, certain
improvements on the Land consisting of a printing facility and business of (i)
approximately 150,000 square feet in size and (ii) having a minimum Construction Cost
upon completion of $5,500,000 (collectively, the "Required Improvements") and shall
cause at least $15,000,000 worth of taxable new tangible personal property to be placed on
the Land. The kind, number and location of the Required Improvements are more
particularly described in Attachment A of Exhibit "C". Minor variations in the Required
Improvements from the description provided in the Application for Tax Abatement shall
not constitute an Event of Default, as defined in Section 4.1, provided that the conditions in
the first sentence of this Section 1.1 and the completion deadline set forth in Section 1.2 are
met. For purposes of this Agreement, "Construction Costs" shall mean site development
costs, actual construction costs, including contractor fees, the costs of supplies and
materials, engineering fees, architectural fees and other professional, development and
permitting fees expended directly in connection with the Project. The City recognizes that
Page 2
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
bids will be requested from various contractors in order to obtain the lowest reasonable
price for the cost of the Project. In the event that bids for the Project are below $5,500,000
for work substantially the same as that provided in Exhibit "C" and otherwise described in
this Agreement, the City will meet with Motheral to negotiate in good faith an amendment
to this Agreement so that Motheral is not in default for its failure to cause the expenditure
of at least $5,500,000 on the Project, with the understanding that the City's staff will
recommend, but cannot guarantee, approval of such amendment by the City Council. If
such an amendment is not executed by the City, taxes will not be abated hereunder and the
City's sole remedy shall be termination of this Agreement consistent with the last sentence
of Section 4.3.
1.2. Completion Date of Required Improvements and Installation of Tangible
Personal Property.
Motheral intends for construction of the Required Improvements to be undertaken
in accordance with the timeline set forth in Attachment A of Exhibit "C". Motheral
covenants and agrees that construction of all Required Improvements identified in
Attachment A of Exhibit "C" shall be substantially completed, and that at least
$15,000,000 worth of taxable new tangible personal property will be placed on the Land,
by December 31, 2003, un.less delayed because of Force Majeure, in which case the
December 31, 2003 date shall be extended by the number of days comprising the specific
Force Majeure. For purposes of this Agreement, "Force Majeure" shall mean an event
beyond Motheral's reasonable control, including, without limitation, acts of God, fires,
strikes, national disasters, wars (declared or undeclared), terrorism, riots, material or labor
restrictions, and unreasonable delays by the City in issuing any permits with respect to the
Required Improvements or inspecting any of the Required Improvements, but shall not
include construction delays caused due to purely financial matters involving Motheral, such
as, without limitation, delays in the obtaining of adequate financing.
1.3. Use of Land.
Motheral covenants that the Required Improvements shall be constructed and the
Land shall be used in accordance with the description of the Project set forth in Exhibit
"C". In addition, Motheral covenants that throughout the Term, the Required
Improvements shall be operated and maintained for the purposes set forth in this
Agreement and in a manner that is consistent with the general purposes of encouraging
development or redevelopment of the Zone.
2. ABATEMENT AMOUNTS,TERMS AND CONDITIONS.
Provided that the Lease is in full force and effect at the time, the City will grant to Motheral
annual property tax abatements on the leasehold interest in the Land and on taxable tangible
personal property located on the Land for a period of ten (10) years, as specifically provided in this
Section 2 and subject to and in accordance with this Agreement (collectively, the "Abatement").
The actual amount of the Abatement granted under this Agreement shall be based upon the
Page 3
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
increase in value of the leasehold interest in the Land and the increase in value of taxable tangible
personal property located on the Land subject to the leasehold interest over their respective values
as of January 1, 2003, which is the year in which this Agreement was entered into, and upon
attainment by Motheral of certain employment, contracting and spending benchmarks set forth in
this Section 2.
2.1. Amount of Abatement.
Subject to Sections 2.3, 2.4 and 2.8 of this Agreement, during each year of the
Term, the Abatement granted hereunder may range up to a maximum of eighty-seven
percent (87%) of the increased value of the leasehold interest in the Land and up to a
maximum of eighty-seven percent (87%) of the increased value of taxable tangible
personal property located on the Land subject to the leasehold interest, and shall be
calculated as follows:
2.1.1. Abatement Based on Construction Expenditures (20%).
Motheral shall receive a twenty percent (20%) Abatement if (i) at least
forty percent (40%) of the total actual Construction Costs on the Required
Improvements are spent with contractors that are Fort Worth Companies, as
defined in Exhibit "A", and (ii) at least fifteen percent (15%) of the total
Construction Costs on the Required Improvements are spent with M/WBE
certified contractors whose principal business office is located in the City ("Fort
Worth M/WBE Companies"). Terms and requirements relating to the location
and certification of a given contractor are defined and explained in Exhibit "A".
Determination of compliance with the spending requirements of this
Section 2.1.1 shall be based on spending during the period of time prior to and
including December 31, 2003. The maximum percentage of Abatement available
to Motheral under this Section 2.1.1 is twenty percent (20%). Motheral shall not
be eligible for any of the twenty percent (20%) Abatement under this Section
2.1.1 unless the minimum requirements set forth in both subsections (i) and (ii) of
the paragraph above are met. Dollars spent with Fort Worth M/WBE Companies
shall also count toward the spending goals with Fort Worth Companies.
However, a deficiency in one subsection may not be offset by the exceeding of a
commitment in another subsection. In addition, if the total Construction Costs of
the Required Improvements are less than as provided in Section 1.1 of this
Agreement, not only will Motheral be ineligible to receive the twenty percent
(20%) Abatement under this Section 2.1.1, but an Event of Default, as defined
and addressed in Section 4, shall also occur.
Page 4
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
2.1.2. Abatement Based on Employment Goals (Up to 37%).
2.1.2.1. Base Number of Jobs.
Motheral shall receive a thirty-seven percent (37%)
Abatement if during the previous calendar year (i) at least 217 Full-time
Jobs are provided and filled on the Land ("Base Number of Jobs"); (ii)
136 Full-time Jobs on the Land were held by individuals residing within
the corporate limits of the City (the "Base Number of Fort Worth
Jobs"), and (iii) at least 77 of all Full-time Jobs on the Land are held by
individuals residing within the Central City (the "Base Number of
Central City Jobs"). For purposes of this Agreement, "Central City"
shall be defined as those areas depicted in the map of Exhibit "E",
attached hereto and hereby made a part of this Agreement for all purposes,
as either the central city or a CDBG area, and "Full-time Job" shall mean
jobs filled for a period of not less than forty (40) hours per week or
another measurement used to define full-time employment by Motheral in
accordance with its then-current company-wide personnel policies and
regulations.
2.1.2.2. Reductions for Failure to Provide Base Number of Jobs.
If Motheral failed to provide and fill at least 217 Full-time
Jobs on the Land during the previous calendar year, Motheral shall not be
entitled to any of the thirty-seven percent (37%) Abatement under this
Section 2.1.2. In addition, (i) if Motheral failed to provide and fill the Base
Number of Fort Worth Jobs, the thirty-seven percent (37%) Abatement
under this Section 2.1.2 shall be reduced by 0.5% for up to the first ten (10)
Full-time Jobs not filled by individuals residing within the corporate limits
of the City and by 1% for any remaining Full-time Jobs not filled by
individuals residing within the corporate limits of the City, and (ii) if
Motheral failed to provide and fill the Base Number of Central City Jobs,
the thirty-seven percent (37%) Abatement under this Section 2.1.2 shall be
reduced by one-half percent (0.5%) for up to the first ten (10) Full-time Jobs
not filled by individuals residing within the Central City and by one percent
(1%) for any remaining Full-time Jobs not filled by individuals residing
within the Central City.
2.1.2.3. Calculation and Determination of Compliance.
Determination of compliance with the employment
requirements of this Section 2.1.2 shall be based on Motheral's employment
data on December 31 of each year during the Compliance Auditing Term,
as defined in Section 2.6. The maximum percentage of Abatement
available to Motheral under this Section 2.1.2 is thirty-seven percent
Page 5
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
(37%). The number of Full-time Jobs filled by individuals residing within
the Central City shall also count toward Motheral's goals with respect to
the provision of Full-time Jobs to individuals residing within the corporate
limits of the City. However, Motheral may not offset a deficiency in one
subsection by exceeding its commitment in another subsection. In
addition, the reductions provided in subsections (i) and (ii) of the last
sentence in Section 2.1.2.2 shall be cumulative as to the calculation of the
percentage of Abatement available under this Section 2.1.2.
2.1.3. Abatement Based on Additional Employment Goals for Fort Worth
Residents (Up to 10%).
If at least twenty-five percent (25%) of all Full-time Jobs provided and
filled on the Land in excess of the Base Number of Jobs are held by individuals
residing within the corporate limits of the City, regardless of the total number of
Full-time Jobs provided and filled on the Land by Motheral, then Motheral shall
receive an additional one-half percent (0.5%) Abatement, but in no event more
than an additional ten percent (10%), for each Full-time Job that is filled by an
individual residing within the corporate limits of the City in excess of the Base
Number of Fort Worth Jobs, as set forth in Section 2.1.2.1. Determination of
compliance with the employment requirements of this Section 2.1.2 shall be based
on Motheral's employment data on December 31 of each year during the
Compliance Auditing Term, as defined in Section 2.6.
2.1.4. Abatement Based on Additional Employment Goals for Central City
Residents (Up to 10%).
If at least twenty-five percent (25%) of all Full-time Jobs provided and
filled on the Land in excess of the Base Number of Jobs are held by individuals
residing within the corporate limits of the City, regardless of the total number of
Full-time Jobs provided and filled on the Land by Motheral, then Motheral shall
receive an additional one-half percent (0.5%) Abatement, but in no event more
than an additional ten percent (10%), for each Full-time Job that is filled by an
individual residing within the Central City in excess of the Base Number of
Central City Jobs, as set forth in Section 2.1.2.1. Determination of compliance
with the employment requirements of this Section 2.1.2 shall be based on
Motheral's employment data on December 31 of each year during the Compliance
Auditing Term, as defined in Section 2.6.
2.1.5. Abatement Based on Supply and Service Expenditures with
Fort Worth Companies (5%).
Motheral shall receive a five percent (5%) Abatement if during the
previous calendar year (i) Motheral spent at least $400,000 in local discretionary
funds for supplies and services directly in connection with Motheral's operation
of the Required Improvements and (ii) at least twenty-five percent (25%) of all
Page 6 i,.`
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company y
such expenditures, regardless of the total amount of such expenditures, were
provided by Fort Worth Companies. Determination of compliance with the
requirements of this Section 2.1.5 for local discretionary spending for supply and
service contracts shall be based on spending for an entire calendar year.
2.1.6. Abatement Based on Supply and Service Expenditures with
Fort Worth M/WBE Companies (5%).
Motheral shall receive a five percent (5%) Abatement if during the
previous calendar year (i) Motheral spent at least $400,000 in local discretionary
funds for supplies and services directly in connection with Motheral's operation
of the Required Improvements and (ii) at least fifteen percent (15%) of all such
expenditures, regardless of the total amount of such expenditures, were provided
by Fort Worth M/WBE Companies. Determination of compliance with the
requirements of this Section 2.1.6 for local discretionary spending for supply and
service contracts shall be based on spending for an entire calendar year.
2.2. Effect of Failure to Meet Section 2.1 Goals.
Unless specifically identified as an Event of Default, the failure to meet any or all
of the numerical commitments, percentages or goals, as the case may be, for Construction
Costs, employment and supply and service vendor contract spending, as set forth in
Sections 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5 and 2.1.6, shall result only in the reduction of the
percentage of Abatement available to Motheral for a given year or a failure to earn an
additional percentage of Abatement, and shall not constitute an Event of Default as defined
in Section 4.1 of this Agreement or trigger the cure periods and remedies set forth in that
Section 4.
2.3. Annual Payment to City of 2003 Tax Liability.
Notwithstanding anything that may be interpreted to the contrary in this Agreement,
Motheral will not be entitled to any Abatement during any year of the Term unless
Motheral has paid the City the sum of $63,207.00 for such year, which amount equals
Motheral's tax liability to the City for the 2003 tax year on the Main Street Property (the
"2003 Tax Amount"). On or before February 1 following the end of each year during the
Compliance Auditing Term, Motheral shall pay the 2003 Tax Amount by check made
payable to the City and delivered to the Director of the City's Economic and Community
Development Department at the address specified in Section 6 hereof. For the
administrative benefit of the City, payment of the 2003 Tax Amount each year and the
granting of Abatement each year (and provided by and in accordance with the terms and
conditions of this Agreement) shall be separate transactions, and the 2003 Tax Amount
shall not be deducted from the amount of Abatement granted in any given year. If in any
given year Motheral fails to pay the 2003 Tax Amount in accordance with this Section 2.3,
such failure shall not constitute an Event of Default as defined in Section 4.1 of this
Agreement, but instead shall only cause Motheral to not receive any Abatement for the year
Page 7
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
in which payment of the 2003 Tax Amount was due and that Motheral would otherwise
have received in that year but for such failure.
2.4. Abatement Limitation.
Notwithstanding anything that may be interpreted to the contrary in this
Agreement, Motheral's Abatement in any given year shall be based (i) on the increase in
the real property value of the leasehold interest in the Land since January 1, 2003, up to a
maximum of eighty-seven percent (87%) of $8,250,000 and (ii) on the increase in the
value of taxable tangible personal property located on the Land subject to the leasehold
interest since January 1, 2003, up to a maximum of eighty-seven percent (87%) of
$15,000,000. In other words, with regard to the real property tax Abatement on the Land,
in any year in which the value of the leasehold interest in the Land exceeds (i) the value
of the leasehold interest in the Land as of January 1, 2003 plus (ii) $8,250,000,
Motheral's real property tax Abatement for that tax year shall be capped and calculated as
if the increase in the value of the leasehold interest in the Land since January 1, 2003 had
only been $8,250,000. For example, and as an example only, if the value of the
leasehold interest in the Land in the sixth year of the Compliance Auditing Term is
$10,000,000 over the value of the leasehold interest in the Land as of January 1, 2003,
Motheral would receive a maximum real property tax Abatement of eighty-seven percent
(87%) of $8,250,000 in the sixth year of the Term. Along the same lines, if the value of
the taxable tangible personal property located on the Land subject to the leasehold
interest in the sixth year of the Term is $20,000,000 over the value of that property as of
January 1, 2003, Motheral would receive a maximum personal property tax Abatement of
eighty-seven percent (87%) of$15,000,000 in the sixth year of the Term.
2.5. Protests Over Appraisals or Assessments.
Motheral shall have the right to protest and contest any or all appraisals or
assessments of the Land and/or improvements or taxable tangible personal property
thereon.
2.6. Terms.
January 1 of the year following the year in which a final certificate of occupancy is
issued for the Required Improvements will constitute the start of auditing for compliance of
this Agreement ("Compliance Auditing Term"). Taxes will not be abated during the first
year of the Compliance Auditing Term. The term of the Abatement benefit (the "Term")
shall begin on January 1 of the year following the year that the Compliance Auditing Term
begins (the "Abatement Beginning Date"). Unless sooner terminated as herein provided,
the Term and the Compliance Auditing Term shall end on the December 31 st immediately
preceding their respective tenth (10th) anniversaries. Information for the last Compliance
Auditing Term shall be submitted as indicated in Section 3.3.
Page 8
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
2.7. Abatement Application Fee.
The City acknowledges receipt from Motheral of the required Application fee of
one percent (1%) of Project's estimated cost, not to exceed $15,000. If Motheral diligently
begins or causes to begin construction of the Required Improvements on the Land within
one (1) year from the date of the Application (whether or not Motheral actually receives
any Abatement), this Application fee shall be creditable in full to the benefit of Motheral
against any permit, impact, inspection or other lawful fee required by the City in
connection with the Project, and any remaining amounts shall be refunded to Motheral.
2.8. Central City Employment Recruiting and Public Transportation
Commitments.
Throughout the Term and in accordance with the letter attached hereto as Exhibit
"F", which is hereby made a part of this Agreement for all purposes, Motheral shall
continuously operate a recruitment program with all high schools in the City in order to
attract individuals residing in the Central City for placement by Motheral in Full-time Jobs
on the Land. In addition, throughout the Term and in accordance with the letter attached
hereto as Exhibit "E", Motheral shall continuously offer to all of Motheral's employees on
the Land free Rail Passes issued by the Fort Worth Transportation Authority (or similar
free public transit passes that will enable individuals residing in the Central City holding
Full-time Jobs on the Land to commute readily to and from the Land). Notwithstanding
anything to the contrary in this Agreement, if Motheral fails to comply with both of the
commitments set forth in this Section 2.8 in any year or portion of a year of the Term,
Motheral will not be entitled to receive any Abatement under this Agreement in the
following year, but such failure shall not constitute an Event of Default as defined in
Section 4.1 of this Agreement.
2.9. Coordination with Centreport Abatement.
It is the intention of the parties that the Abatement granted hereunder plus the
Centreport Abatement shall equal the value of the abatement that would be available to
Motheral if Motheral were the owner of both the Land and the Required Improvements. In
recognition that, under the terms of the Lease, Motheral will construct or cause to be
constructed at its initial expense the Required Improvements for use and occupancy by
Motheral, and that the rent under the Lease is calculated such that Motheral will pay for the
costs of construction (as well as other costs) over the term of the Lease, the parties agree
that any provision in this Agreement by which either Centreport or Motheral covenants to
perform or cause to be performed, or to require the other to perform or cause to be
performed, a particular act or to comply with a particular condition shall be deemed to be
satisfied so long as the particular act is performed and the particular condition is met,
regardless of whether it is the Centreport or Motheral who actually performs or causes to be
performed the act or who actually complies or causes compliance with the condition.
Page 9
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
3. RECORDS, AUDITS AND EVALUATION OF PROJECT.
3.1. Inspection of Property.
Between the execution date of this Agreement and the last day of the Term, at any
time during normal office hours throughout the Term and the year following the Term and
following reasonable notice to Motheral, the City shall have and Motheral shall provide
access to the Land and any improvements thereon in order for the City to inspect the Land
and evaluate the Required Improvements to ensure compliance with the terms and
conditions of this Agreement. Motheral shall cooperate fully with the City during any such
inspection and/or evaluation. Notwithstanding the foregoing, any representative of the City
must be escorted by Motheral's security personnel and no such inspection shall
unreasonably interfere with Motheral's operations.
3.2. Audits.
The City shall have the right to audit the financial and business records of
Motheral that relate to the Lease, the Project and Abatement terms and conditions
(collectively, the "Records") at any time during the Compliance Auditing Term in order
to determine compliance with this Agreement and to calculate the correct percentage of
Abatement available to Motheral. Motheral shall make all Records available to the City
on the Land or at another location in the City following reasonable advance notice by the
City and shall otherwise cooperate fully with the City during any audit. The City does not
intend to audit Records pertaining to a given year of the Compliance Auditing Term more
than once unless additional information is brought to the City's attention subsequently or
the City reasonably questions the result of an audit performed hereunder.
3.3. Provision of Information.
On or before February 1 following the end of each year during the Compliance
Auditing Term, Motheral shall provide information and documentation for the previous
year that addresses Motheral's compliance with each of the terms and conditions of this
Agreement for that calendar year. This information shall include, but not be limited to, the
following:
3.3.1. The total number of employees holding Full-time Jobs and who worked in
the Required Improvements, the number of such employees who resided within the
corporate limits of the City and the number of such employees who resided in
Central City areas, all as of December 31 of the preceding calendar year, together
with reasonable documentation regarding the residency of such employees; and
3.3.2. The number and dollar amounts of all construction contracts and
subcontracts awarded on the Project, specifying the number and dollar amounts
spent with contractors that are Fort Worth Companies, as defined in Exhibit "A",
and with contractors that are Fort Worth M/WBE Companies, as defined in Section
2.1.1; and
Page 10
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
3.3.3. The gross dollars and supporting details showing the amounts spent by
Motheral on local discretionary supply and service contracts, specifying the number
and dollar amounts spent with vendors that are Fort Worth Companies, as defined
in Exhibit "A", and with vendors that are Fort Worth M/WBE Companies, as
defined in Section 2.1.1.
Motheral shall supply any additional information requested by the City that is
pertinent to the City's evaluation of Motheral's compliance with each of the terms and
conditions of this Agreement. Failure to provide all information required by this Section
3.3 shall constitute an Event of Default, as defined in Section 4.1. All of the foregoing
shall be subject to applicable federal and state privacy laws and regulations.
3.4. Determination of Compliance.
On or before August 1 of each year during the Compliance Auditing Term, the City
shall make a decision and rule on the actual annual percentage of Abatement available to
Motheral for the following year of the Term based on the City's audit of the Records and
any inspections of the Land and/or the Required Improvements and shall notify Motheral in
writing of such decision and ruling. If Motheral reasonably disagrees with the City's
decision and ruling, Motheral shall notify the City in writing within fourteen (14) calendar
days of receipt. In this event, Motheral, at Motheral's sole cost and expense, may request
an independent third party who is reasonably acceptable to the City to verify the findings of
the City within not more than thirty (30) calendar days following receipt of Motheral's
notice to the City, and if any discrepancies are found, the City, Motheral and the
independent third party shall cooperate with one another to resolve the discrepancy. If
resolution cannot be achieved, the matter may be taken to the City Council for
consideration in an open public meeting at which both City staff and Motheral's
representatives will be given an opportunity to comment. The ruling and determination by
the City Council shall be final.
The actual percentage of the Abatement granted for a given year of the Term is
therefore based upon Motheral's compliance with the terms and conditions of this
Agreement during the previous year of the Compliance Auditing Term. Notwithstanding
the foregoing, if the City makes a decision and ruling that Motheral is entitled to the twenty
percent (20%) Abatement available pursuant to Section 2.1.1, Motheral shall be entitled to
the benefits of such twenty percent (20%) Abatement each year of the Term without the
necessity of providing any additional information and documentation or obtaining any
additional decision or ruling from the City.
Page I I
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
4. EVENTS OF DEFAULT.
4.1. Defined.
Motheral shall be in default of this Agreement if(i) any of the covenants set forth in
any portion or all of Sections 1.1, 1.2 and 1.3 of this Agreement are not met; or (ii) the
Lease expires or is terminated for any reason; or (iii) ad valorem real property taxes with
respect to Motheral's leasehold interest in the Land or the Project, or Motheral's ad
valorem taxes with respect to the tangible personal property located on the Land subject to
the leasehold interest, become delinquent and Motheral does not timely and properly follow
the legal procedures for protest and/or contest of any such ad valorem real property or
tangible personal property taxes; or (iv) subject to Sections 2.2, 2.3 and 2.8 of this
Agreement, Motheral breaches any of the other terms or conditions of this Agreement
(collectively,each an "Event of Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred,
the City shall provide a written notice to Motheral that describes the nature of the Event of
Default. If the Event of Default is on account of the expiration or termination of the Lease,
the City will have the right to terminate this Agreement immediately. For any other Event
of Default, Motheral shall have ninety (90) calendar days from the date of receipt of this
written notice to fully cure or have cured the Event of Default. If Motheral reasonably
believes that Motheral will require additional time to cure the Event of Default, Motheral
shall promptly notify the City in writing, in which case (i) after advising the City Council
in an open meeting of Motheral's efforts and intent to cure, Motheral shall have one
hundred eighty (180) calendar days from the original date of receipt of the written notice,
or (ii) if Motheral reasonably believes that Motheral will require more than one hundred
eighty (180) days to cure the Event of Default, after advising the City Council in an open
meeting of Motheral's efforts and intent to cure, such additional time, if any, as may be
offered by the City Council in its sole discretion.
4.3. Termination for Event of Default and Payment of Liquidated Damages.
If an Event of Default has not been cured within the time frame specifically allowed
under Section 4.2, the City shall have the right to terminate this Agreement immediately.
Motheral acknowledges and agrees that an uncured Event of Default will (i) harm the
City's economic development and redevelopment efforts on the Land and in the vicinity of
the Land; (ii) require unplanned and expensive additional administrative oversight and
involvement by the City; and (iii) otherwise harm the City, and Motheral agrees that the
amounts of actual damages therefrom are speculative in nature and will be difficult or
impossible to ascertain. Therefore, upon termination of this Agreement for any Event of
Default, Motheral shall pay the City, as liquidated damages, all taxes that were abated in
accordance with this Agreement for each year when an Event of Default existed and which
otherwise would have been paid to the City in the absence of this Agreement. The City and
Motheral agree that this amount is a reasonable approximation of actual damages that the
Page 12
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
City will incur as a result of an uncured Event of Default and that this Section 4.3 is
intended to provide the City with compensation for actual damages and is not a penalty.
This amount may be recovered by the City through adjustments made to Motheral's ad
valorem property tax appraisal by the appraisal district that has jurisdiction over the Land
and over any taxable tangible personal property located thereon. Otherwise, this amount
shall be due, owing and paid to the City within sixty (60) days following the effective date
of termination of this Agreement. In the event that all or any portion of this amount is not
paid to the City within sixty (60) days following the effective date of termination of this
Agreement, Motheral shall also be liable for all penalties and interest on any outstanding
amount at the statutory rate for delinquent taxes, as determined by the Code at the time of
the payment of such penalties and interest (currently, Section 33.01 of the Code). If this
Agreement is terminated on account of Motheral's failure to construct or to cause to be
constructed the Required Improvements in accordance with Sections 1.1 and/or 1.2 of this
Agreement, no liquidated damages will be owed to the City because taxes will not yet have
been abated hereunder.
4.4. Termination at Will.
If the City and Motheral mutually determine that the development or use of the
Land or the anticipated Required Improvements are no longer appropriate or feasible, or
that a higher or better use is preferable, the City and Motheral may terminate this
Agreement in a written format that is signed by both parties. In this event, (i) if the Term
has commenced, the Term shall expire as of the effective date of the termination of this
Agreement; (ii) there shall be no recapture of any taxes previously abated; and (iii) neither
party shall have any further rights or obligations hereunder.
5. EFFECT OF SALE OF LAND AND/OR REQUIRED IMPROVEMENTS.
The Abatement granted hereunder shall vest only in Motheral and cannot be assigned to a
new owner of all or any portion of the leasehold interest in the Land and/or Required
Improvements and/or tangible personal property on the Land subject to the leasehold interest
without the prior consent of the City Council, which consent shall not be unreasonably withheld
provided that (i) the City Council finds that the proposed assignee is financially capable of meeting
the terms and conditions of this Agreement and (ii) the proposed assignee agrees in writing to
assume all terms and conditions of Motheral under this Agreement. Motheral may not otherwise
assign, lease or convey any of its rights under this Agreement. Any attempted assignment without
the City Council's prior consent shall constitute grounds for termination of this Agreement and the
Abatement granted hereunder following ten (10) calendar days of receipt of written notice from the
City to Motheral.
Page 13
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
6. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified mail,
postage prepaid, or by hand delivery:
City: Motheral:
City of Fort Worth Motheral Printing Company
Attn: City Manager Attn: Jim Motheral
1000 Throckmorton P.O. Box 629
Fort Worth,TX 76102 Fort Worth, TX 76101-0629
with copies to:
the City Attorney and
Economic/Community Development
Director at the same address
7. MISCELLANEOUS.
7.1. Bonds.
The Required Improvements will not be financed by tax increment bonds. This
Agreement is subject to rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest.
Neither the Land nor any of the Required Improvements covered by this Agreement
are owned or leased by any member of the City Council, any member of the City Plan or
Zoning Commission or any member of the governing body of any taxing units in the Zone.
7.3. Conflicts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City
ordinances or regulations, and this Agreement, such ordinances or regulations shall control.
In the event of any conflict between the body of this Agreement and Exhibit "C", the body
of this Agreement shall control.
7.4. Future Application.
A portion or all of the Land and/or Required Improvements may be eligible for
complete or partial exemption from ad valorem taxes as a result of existing law or future
legislation. This Agreement shall not be construed as evidence that such exemptions do not
apply to the Land and/or Required Improvements.
Page 14
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
7.5. City Council Authorization.
This Agreement was authorized by the City Council through approval Mayor and
Council Communication No. G-14158 on November 18, 2003, which, among other things,
authorized the City Manager to execute this Agreement on behalf of the City.
7.6. Estoppel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so
long as the certificate is requested in connection with a bona fide business purpose. The
certificate, which if requested will be addressed to Motheral, shall include, but not
necessarily be limited to, statements that this Agreement is in full force and effect without
default (or if an Event of Default exists, the nature of the Event of Default and curative
action taken and/or necessary to effect a cure), the remaining term of this Agreement, the
levels and ,remaining term of the Abatement in effect, and such other matters reasonably
requested by the party or parties to receive the certificates.
7.7. Standin;;.
Motheral shall be deemed a proper and necessary party in any litigation questioning
or challenging the validity of this Agreement or any of the underlying laws, ordinances,
resolutions or City Council actions authorizing this Agreement, and Motheral shall be
entitled to intervene in any such litigation.
7.8. Venue and Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of
Texas and applicable ordinances, rules, regulations or policies of the City. Venue for any
action under this Agreement shall lie in the State District Court of Tarrant County, Texas.
This Agreement is performable in Tarrant County, Texas.
7.9. Recordation.
A certified copy of this Agreement in recordable form shall be recorded in the Deed
Records of Tarrant County, Texas.
7.10. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired.
Page 15 f
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
7.11. Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
7.12. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, and the Centreport Abatement, including any exhibits
attached thereto and any documents incorporated therein by reference, contain the entire
understanding and agreement between the City and Motheral, their assigns and
successors in interest, as to the matters contained herein. Any prior or contemporaneous
oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement. This Agreement shall not be amended unless executed
in writing by both parties and approved by the City Council. This Agreement may be
executed in multiple counterparts, each of which shall be considered an original, but all
of which shall constitute one instrument.
7.13. Amendment.
This Agreement may be amended only by the written agreement of the City and
Motheral.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
as of the later date below:
CITY OF FORT WORTH: APPROVED AS TO FORM AND LEGALITY:
By: R/ItGI && By:
Reid Rector Peter Vaky
Assistant City Manager Assistant City Attorney
Date: /-?, -1 `i -- O3 M & C: G-14158 11-18-03
ATTEST:
By:
Lity ecreta
Page 16
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
F.L. MOTHERAL CO., INC.,
a Texas corporation d/b/a
MOTHERAL PRINTING COMPANY:
By:
J' Motheral
President
Date: /0/Z,?/0 f
ATTEST:
By:
Page 17
Tax Abatement Agreement between
City of Fort Worth and Motheral Printing Company
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Reid Rector,
Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation organized
under the laws of the State of Texas, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
CITY OF FORT WORTH, that he was duly authorized to perform the same by appropriate
resolution of the City Council of the City of Fort Worth and that he executed the same as the act of
the CITY OF FORT WORTH for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this -'-2-`I qday of
..� ti , 2003.
ROSELLA BARNES
Notary Public in and forf2 ''.... .
€ NOTARY PUBLIC
the State of Texas tN siy: State of Texas
AW AA18 S ....P,Comm. Exp. 03-31-2005
Notary's Printed Name
STATE OF §
COUNTY OF TCt(-1-1L . - §
BEFORE ME, the undersigned authority, on this day personally appeared Jim Motheral,
President of F.L. MOTHERAL CO., INC. d/b/a MOTHERAL PRINTING COMPANY,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed of F.L. MOTHERAL CO., INC.
d/b/a MOTHERAL PRINTING COMPANY
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��j�d day
of `Dec E✓n, r , 2003.
STACY B
Notary Public i and for as�'��G°;'•. RASHEARS
the State of ToyCa c,
Notary Public,State of Texas
_•,� y Commission Expires
`'-;�� „E•'' May 16,2005
Notary's Pridted Name
EXHIBIT "A"
CITY OF FORT WORTH
TAX ABATEMENT POLICY
I. GENERAL PURPOSE AND OBJECTIVES
Certain types of investment result in the creation of new jobs, new income and provide for positive
economic growth and inner-city economic stabilization which is beneficial to the City as a whole. The
City of Fort Worth is committed to the promotion of high quality development in all parts of the City and
improvement in the quality of life for its citizens.
The City of Fort Worth will, on a case-by-case basis, give consideration to the granting of property tax
incentives to eligible residential, commercial, and industrial development projects. It is the policy of the
City of Fort Worth that consideration of eligible projects will be provided in accordance with the
guidelines and criteria outlined in this document. Texas law authorizes the City of Fort Worth to grant tax
abatement on the value added to a particular property by a specific development project which meets the
economic goals and objectives of the City, and the requirements of the statute (Vernon's Tax Code Ann.
Section 312.001, et. seq.).
As mandated by state law, this policy applies to the owners of real property. It is not the policy of
the City of Fort Worth to grant property tax abatement to any development project for which a
building permit has been previously issued by the City's Department of Development. Nothing in
the policy shall be construed as an obligation by the City of Fort Worth to approve any tax
abatement application.
Although all applications which meet the eligibility criteria(Section III.) of this policy statement will be
reviewed, it is the objective of the City of Fort Worth to encourage applications from projects that:
(a) are located in enterprise zones or other designated target areas; or
(b) result in a development with little or no additional cost to the City; or
(c) result in 1,000 or more new jobs, with a commitment to hire Fort Worth and inner city residents.
II. DEFINITIONS
"Abatement" means the full or partial exemption from ad valorem taxes on eligible properties for a period
of up to ten years and an amount of up to 100% of the increase in appraised value (as reflected on the
certified tax roll of the appropriate county appraisal district) resulting from improvements begun after the
execution of the tax abatement agreement. Eligible properties must be located in a reinvestment zone.
"Reinvestment Zone" is an area designated as such by the City of Fort Worth or State of Texas in
accordance with the Texas Property Redevelopment and Tax Abatement Act, Sections 312.001 through
312.209 of the Tax Code.
Page 1 of 7
EXHIBIT "A"
"Residential Development Project" is a development project which proposes to construct or renovate
multi-family residential living units on property that is (or meets the requirements to be) zoned multi-
family as defined by the City of Fort Worth Zoning Ordinance.
"Fort Worth Company" is a business which has a principal office located within the city limits of Fort
Worth.
"Minority or Woman-owned Business Enterprise (MWBE)" is a minority or woman-owned business that
has received certification as either a MBE or WBE by either the North Central Texas Regional
Certification Agency (NCTRCA) or the Texas Department of Transportation (TxDOT), Highway
Division.
"Capital Investment" includes only real property improvements such as new facilities and structures, site
improvements, facility expansion, and facility modernization. Capital investment does NOT include land
acquisition costs and/or any existing improvements, or personal property (such as machinery, equipment,
and/or supplies and inventory).
"Facility Expansion" is a new permanent real property improvement such as a building or buildings
constructed to provide additional square footage to accommodate increased space requirements of a Fort
Worth company.
"Facility Modernization" is a new permanent real property improvement under taken to provide increased
productivity for a new or existing Fort Worth company.
"Supply and Service Expenses" are discretionary expenses incurred during the normal maintenance and
operation activities of a business.
III. ELIGIBILITY CRITERIA
A. RESIDENTIAL PROJECT ELIGIBILITY
A residential development project is eligible for property tax abatement if:
1. The project is located in any of the following census tracts: 1002.02, 1010, 1011,
1016, 1017, 1018, 1019 (partial), 1025, 1028 (partial), 1029, 1030, 1031, 1033,
1035, 1036.01, 1037.01, 1038, 1040, 1041 (partial) (see Map "A"); AND
2. a. The project will construct or renovate no less than 50 residential living units of
which no less than 20% shall be affordable (as defined by the U.S. Department
of Housing and Urban Development) to persons with incomes at or below
80% of median family income; OR
b. The project has a minimum capital investment of$5 million (excluding
acquisition costs for land and any existing improvements).
B. COMMERC/AUINDUSTR/AL ELIGIBILITY
1. New Projects
In order to be eligible for property tax abatement, a new commercial/industrial
development project must satisfy one of the following three criteria:
a. Upon completion will have a minimum capital investment of $10 million
and commits to hire an agreed upon percentage of residents from an eligible
inner city census tract (as identified on Map "A") for full time employment.;
OR
Page 2 of 7
EXHIBIT "A" 1,
b. Is located in the "inner city" (as identified on Map "A") or property
immediately adjacent to the major thoroughfares which serve as boundaries
to any of these inner city census tracts and commits to hire an agreed upon
percentage of residents from an eligible inner city census tract (as identified
on Map "A") for full time employment; OR
c. Is located outside of the "inner city", has a minimum capital investment of
less than $10 million, and commits to hire an agreed upon percentage of
residents from an eligible inner city census tract (as identified on Map "A")
for full time employment.
2. Existing Business Expansion and/or Modernization
In order to be eligible for property tax abatement, a facility expansion and/or
modernization by an.existing commercial/industrial business must:
a. Upon completion have a minimum capital investment of$10 million; OR
b. Result in increased employment for which the business commits to hire and
retain an agreed upon percentage of residents from an eligible inner city
census tract (as identified on Map "A") for new, full time positions; AND
C. Have a minimum capital investment of (1) $500,000, OR (2) an amount
equal to or greater than 25% of the appraised value, as certified by the
appropriate appraisal district, of real property improvements on the property
for the year in which the abatement is requested.
C. PROOF TESTS
1. Building Permits
No tax abatement will be granted to any development project which has applied for
or received a building permit from the City's Department of Development.
2. Evidence of Need for Tax Abatement
The applicant must provide evidence to substantiate and justify the tax abatement
request including (but not limited to) an analysis demonstrating the tax abatement is
necessary for the financial viability of the project.
IV. ABATEMENT GUIDELINES
The tax abatement agreement must provide that the applicant:
(1) Hire Fort Worth residents for an agreed upon percentage (at least 25%) of new full time jobs to
be created and make a good faith effort to hire 100% Fort Worth residents for all new jobs
created as a result of the abatement,
(2) Commit to hire an agreed upon percentage of Fort Worth residents from an eligible inner city
census tract (as identified on Map "A") for all new jobs created as a result of the project. The
agreed upon percentage shall be determined by negotiation.
(3) Utilize Fort Worth companies for an agreed upon percentage of the total costs for construction
and Supply and Service Contracts, and _
Page 3 of 7
EXHIBIT "A"
(4) Utilize Minority and Woman-owned Business Enterprises (MWBEs) for an agreed upon
percentage of the total costs for construction and supply and service contracts in the manner
provided in the City of Fort Worth's Minority and Women Business Enterprise ordinance.
In addition to the above, the abatement must comply with the following guidelines:
A. State law prohibits abatement of taxes levied on inventory, supplies or the existing tax
base. City policy is not to abate taxes on personal property located within Fort Worth prior
to the date of the tax abatement agreement.
B. Unless otherwise specified in the agreement, the amount of the taxes to be abated shall in
no event exceed the amount of the capital investment (as specified in the application)
multiplied by the City's tax rate in effect for the year in which the calculation is made.
C. In certain cases, the City may consider a tax abatement application from the owner of real
property who serves as a landlord or lessor for a development project which meets the
eligibility criteria of this section.
D. The City may consider an application from the owner or lessee of real property requesting
abatement of real and or personal property owned or leased by a certificated air carrier on
the condition that the certificated air carrier make specific real property improvements or
lease real property improvements for a term of 10 years or more.
E. For an eligible development project to be considered for tax abatement, the "Application
for Tax Abatement" form must be completed and submitted to the Office of Economic
Development.
F. An application fee must accompany the application. The fee is calculated at the lesser of:
(i) 1% of the project capital investment, or(ii) $15,000.
If construction on the project is begun on the site specified in the application within a one
(1) year period from the application submittal date (with or without a tax abatement), this
fee shall be credited to any permit, impact, inspection or any other lawful fee required by
the City of Fort Worth. If the project is not constructed on the site specified in the
application or if construction takes place at the specified site more than one (1) year after
the application submittal date, the application fee shall not be refunded or otherwise
credited.
G. If requested, the applicant must provide evidence that there are no delinquent property
taxes due on the property on which the development project is to occur.
H. The tax abatement agreement shall limit the uses of property consistent with the general
purpose of encouraging development or redevelopment of the zone during the period that
property tax abatements are in effect.
I. Tax abatement may only be granted for projects located in a reinvestment or enterprise
zone. For eligible projects not currently located in such a zone, the City Council may
choose to so designate the applicant's property in order to allow for a tax abatement.
J. The owners of all projects receiving tax abatement shall properly maintain the property to
assure the long term economic viability of the project.
Page 4 of 7
EXHIBIT "A"
V. PROCEDURAL STEPS
Each request for property tax abatement shall be processed according to the following procedural
guidelines.
A. Application Submission:
Provided that the project meets the criteria detailed in Section III of this policy, the
Applicant must complete and submit a City of Fort Worth "Application For Tax
Abatement" form (with required attachments) and pay the appropriate application fee.
B. Application Review and Evaluation:
The Economic Development Office will review the application for accuracy and
completeness. Once complete, the application will be evaluated based on:
1. Types of new jobs created, including respective wage rates, and employee benefits
packages such as health insurance, day care provisions, retirement package(s),
transportation assistance, and any other.
2. Percent of new jobs committed to Fort Worth residents.
3. Percent of new jobs committed to Fort Worth "Inner City"residents.
4. Percent of construction contracts committed to:
a. Fort Worth based firms, and
b. Minority and Woman-owned Business Enterprises (MWBEs).
5. Percent of supply and service contract expenses committed to:
a. Fort Worth based firms, and
b. Minority and Woman-owned Business Enterprises (MWBEs).
6. The project's increase in the value of the tax base.
7. Costs to the City (such as infrastructure participation, etc.).
8. Other items which may be negotiated by the City and the applicant.
Based upon the outcome of the evaluation, the Economic Development Office may present
the application to the City Council's Economic Development Committee.
C. Consideration by Council Committee
Should the Economic Development Office present the application to the City Council's
Economic Development Committee, the Committee will consider the application at an
open meeting. The Committee may:
(1) Approve the application. Staff will then incorporate the application into a tax
abatement agreement which will be sent to the City Council with the Committee's
recommendation to approve the agreement; or
(2) Request modifications to the application. Economic Development staff will discuss
the suggested modifications with the applicant and then, if the requested
modifications are made, resubmit the modified application to the Committee for
consideration; or
Page 5 of 7
EXHIBIT "A"
(3) Deny the application. The applicant may appeal the Committee's finding by
requesting the City Council: (a) disregard the Committee's finding and (b) instruct
city staff to incorporate the application into a tax abatement agreement for future
consideration by the City Council.
D. Consideration by the City Council
The City Council retains sole authority to approve or deny any tax abatement agreement
and is under no obligation to approve any tax abatement application or tax abatement
agreement. The City of Fort Worth is under no obligation to provide tax abatement in any
amount or value to any applicant.
E. Effective Date for Approved Agreements
All tax abatements approved by the City Council will become effective on January 1 of the
year following the year in which a Certificate of Occupancy (CO) is issued for the
qualifying development project (unless otherwise specified in the tax abatement
agreement). Unless otherwise specified in the agreement, taxes levied during the
construction of the project shall be-due and payable.
VI. RECAPTURE
If the terms of the tax abatement agreement are not met, the City Council has the right to cancel or
amend the abatement agreement. In the event of cancellation, the recapture of abated taxes shall
be limited to the year(s) in which the default occurred or continued.
VII. INSPECTION AND FINANCIAL VERIFICATION
The terms of the agreement shall include the City of Fort Worth's right to: (1) review and verify
the applicant's financial statements in each year during the life of the agreement prior to granting a
tax abatement in any given year, (2) conduct an on site inspection of the project in each year
during the life of the abatement to verify compliance with the terms of the tax abatement
agreement.
VIII. EVALUATION
Upon completion of construction of the facilities, the City shall no less than annually evaluate each
project receiving abatement to insure compliance with the terms of the agreement. Any incidents
of non-compliance will be reported to all affected taxing units.
On or before February V of every year during the life of the agreement, any individual or
entity receiving a tax abatement from the City of Fort Worth shall provide information and
documentation which details the property owner's compliance with the terms of the
respective agreement and shall certify that the owner is in compliance with each applicable
term of the agreement. Failure to report this information and to provide the required
certification by the above deadline shall result in any taxes abated in the prior year being
due and payable.
Page 6 of 7
EXHIBIT "A"
IX. EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY
No tax abatement rights may be sold, assigned or leased unless otherwise specified in the tax
abatement agreement. Any sale, assignment or lease of the property which is not permitted in the
tax abatement agreement results in cancellation of the agreement and recapture of any taxes abated
after the date on which an unspecified assignment occurred.
Page 7 of 7
A Resolution
NO.
PROVIDING THAT THE CITY OF FORT WORTH ("CITY") ELECTS TO BE ELIGIBLE TO
PARTICIPATE IN TAX ABATEMENT AUTHORIZED BY CHAPTER 312 OF THE TEXAS
TAX CODE AND ESTABLISHING A TAX ABATEMENT POLICY GOVERNING
SUBSEQUENT TAX ABATEMENT AGREEMENTS
WHEREAS, a municipality may enter into tax abatement agreements authorized by Chapter 312 of the
Texas Tax Code ("Code") only if the governing body of the municipality has previously adopted a
resolution stating that the municipality elects to be eligible to participate in tax abatement and has
established guidelines and criteria governing tax abatement agreements ("Tax Abatement Policy"); and
WHEREAS, pursuant to the Code, a Tax Abatement Policy is effective for two (2) years from the date
of its adoption; and
WHEREAS, the City's current Tax Abatement Policy is due to expire on February 28, 2002;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS:
1. THAT the City hereby elects to be eligible to participate in tax abatement in accordance with
Chapter 312 of the Code.
2. THAT the City hereby adopts the Tax Abatement Policy attached hereto as Exhibit "A", which
constitutes the guidelines, criteria and procedures governing tax abatement agreements entered into by
the City, to be effective from March 1, 2002 through February 29, 2004 unless earlier amended or
repealed by a vote of at least three-fourths (3/4) of the members of the City Council.
3. THAT this Tax Abatement Policy, as it may subsequently be amended, will expressly govern all
tax abatement agreements entered into by the City during the period in which such Tax Abatement
Policy is in effect.
ADOPTED this 26th day of February, 2002.
M
ATTEST: '
c c� n r 2002
By:
City Secretary (,
City ,ecse:s.rg of )
City of For'Word,Lexa3
i
CITY or r0ftT WQItTM
EXHIBIT "B"
BOUNDARY DESCRIPTION OF ZONE
DESCRIPTION, of a 10.912 acre tract of land situated in the James J. Goodman, Survey
Abstract No. 583, County of Tarrant, State of Texas, said tract being comprrised of all of
Lot 5B, Block 304B, of Area 3, Section 2, Centreport, an addition to the City of Fort
Worth, Texas, according to the plat recorded in Volume 388-202, Page 28 of the Plat
Records of Tarrant County, Texas and a portion of Block 304B, Area 3, Section 3
Centreport, an addition to the City of Fort Worth, Texas, according to the plat recorded in
Volume 388-176, Page 80 of the Plat Records of Tarrant County, Texas; said 10.912 acre
tract being more particularly described as follows:
BEGINNING, at a 1/2-inch iron rod found in the west right-of-way line of Empire Road
(a 60 foot wide right-of-way); said point being the northeast corner of said Lot 5B, Block
304B; said point also being the southeast corner of Lot 5A, Block 304B of said Area 3,
Section 2, Centreport;
THENCE, South 00 degrees, 32 minutes, 25 seconds West, along the said west right- of-
way line of Empire Road, passing a distance of 478.54 feet to 5/8-inch iron rod found for
the southeast corner of said Lot 5B, Block 304B, continuing along the said west right-of-
way line of Empire Road, in all a distance of 1007.33 feet to a 1/2-inch iron rod with
"Pacheco Koch" cap set at
the beginning of a tangent curve to the left whose center bears South 89 degrees, 27
minutes, 35 seconds East, a distance of 630.00 feet from said point;
THENCE, southeasterly continuing along the said west right-of-way line of Empire Road
and along the said tangent curve to the left, through a central angle of 12 degrees, 12
minutes, 28 seconds, an arc distance of 134.23 feet, on chord bearing and distance of
South 05 degrees, 33 minutes, 50 seconds East, 133.98 feet to a 1/2-inch iron rod with
"Pacheco Koch" cap set for corner; said point being the northeast corner of Lot 2, Block
304B, Area 3, Section 3, Centreport, an addition to the City of Fort Worth, Texas
according to the plat recorded in
Cabinet A, Slide 1126 of the Plat Records of Tarrant County, Texas, from which 1/2-inch
iron rod with "Graham Assoc." cap found bears South 14 degrees, 47 minutes East, a
distance of 1.4 feet;
THENCE, North 89 degrees, 27 minutes, 35 seconds West, departing the said west right-
of-way line of Empire road and along the north line of said Lot 2, Block 304B, a distance
of 80.24 feet to a 5/8-inch iron rod with "Carter & Burgess" cap found for corner; said
point being the southeast corner of Lot 2, Block 304A, Area 3, Section 2 Centreport, an
addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-
183, Page 71 of the Plat Records
of Tarrant County, Texas;
THENCE, North 00 degrees, 32 minutes, 25 seconds East, departing the said north line of
Lot 2, Block 304B and along a east line of said Lot 2, Block 304A, a distance of 15.34
feet to a 5/8-inch iron rod with "Carter & Burgess" cap found at the beginning of a non-
tangent curve to the right whose center bears North 09 degrees, 09 minutes, 00 seconds
East, a distance of 463.37 feet;
THENCE, northwesterly along the east line of said Lot 2, Block 304A and the said non-
tangent curve to the right, through a central angle of 81 degrees, 23 minutes, 25 seconds,
an arc distance of 658.23 feet, on chord bearing and distance of North 40 degrees, 09
minutes, 17 seconds West, 604.27 feet to a 1/2-inch iron rod found at the end of said
curve;
THENCE, North 00 degrees, 32 minutes, 25 seconds East, along east line of said Lot 2,
Block 304A, passing a distance of 14.91 feet to 1/2-inch iron rod with "Halff Assoc." cap
found for the northeast corner of said Lot 2, Block 304A and southeast corner of Lot 3,
Block 304A, Area 3, Section 2, Centreport, an addition to the City of Fort Worth, Texas
according to the plat recorded in Volume 388-159, Page 10 of the Plat Records of Tarrant
County, Texas, continuing along the east line of said Lot 3, Block 304A, passing at a
distance of 188.52 feet a 5/8-inch iron rod found for the southwest corner of said Lot 5B,
Block 304B, in all a distance of 667.06 feet to a 1/2-inch iron rod with "RPLS # 4224"
cap found for the northwest corner of said Lot 5B, Block 304B; said point also being the
southwest corner of said Lot 5A, Block 304B;
THENCE, South 89 degrees, 27 minutes, 35 seconds East, departing the said east line of
Lot 3, Block 304A, along the common line of said Lot 5A and Lot 5B, Block 304B, a
distance of 460.00 feet to the POINT OF BEGINNING;
CONTAINING, 475,333 square feet or 10.912 acres of land, more or less.
EXHIBIT "C"
CITY OF FORT WORTH
APPLICATION FOR
COMMERCIAVINDUSTRIAL TAX ABATEMENT
MOTHERAL PRINTING COMPANY
CITY OF FORT WORTH
APPLICATION FOR
COMMERCIAL/INDUSTRIAL TAX ABATEMENT
1. Applicant Information:
Name: F.L. Motheral Co. dba Motheral Printing Company
Address: 510 South Main Street
City, State Zip Code: Fort Worth, Texas 76104
Telephone: 817-335-1481 ext. 226
Fax: 817-429-6165
Internet E-mail Address (if available): jotheral@motheral.com
Contact Person (include title/position): Jim Motheral, President
Name of property owner: Motheral Printing Company
2. Property Description:
Attach legal description or surveyor's metes & bounds description: (maps attached)
A) 5200 Campus Drive
3. Current Appraised Value of Property:
Attach latest copy of property tax statement from the County Appraisal District.
Attached
4. Attach a brief description of the project including: ser-Aces provided or products
manufactured, major customers and locations, etc.
Motheral Printing is a 3rd generation family owned printing business that began in
February 1934 in Fort Worth. We have been in our second location at 510 South Main
since 1956. 85% of our business is produced on heat-set web presses. Our target market
is national in scope, consisting primarily of catalogs, publications and direct mail. We are
Fort Worth's Post Office largest publication customer. As we gain printing capacity, the
majority of our growth wi I I come from out-of-state. We are currently the 198th largest
printer in the U5.
5. Project Description:
A) New Facilities
1) Size: 208,000 - 384,000 sq. ft
2) Cost of construction: $11 mm + $8mm
B) Site Development (parking, fencing, landscaping, etc.):
1) Type of work to be done: Site prep, parking, fencing, landscaping
2) Projected costs: Imm
C) Personal Property:
1) Value of:
(a) Inventory: � $790,680 currently, $1,500,000 when moved
(b) Supplies:
2) Percent of inventory eligible or freeport exemption (inventory exported from
Texas within 175 days) 49%
3) Value of equipment, machinery, furnishings, etc.: $30,709,475
$6,000,000 Now
6. Project Construction:
A) What percent of the construction costs (5A. & B. above) will you commit to spend
with:
1) Fort Worth businesses? 40%
2) Minority and Women owned Business Enterprises? 5%
B) When will construction start? Jan 1, 2002 end? July 2002
C) How many construction jobs will be created? 25-35, Potential 150-250 workers
D) What is the estimated payroll for these jobs? $24-30,000 Der year
7. Employment
A) Is this project an expansion or modernization of an existing facility? If so, please
answer the following:
1) How many persons are currently employed? 275
2) What percent of 1. above are:
(a) Fort worth residents? 49% 137
(b) Inner City residents? 27% 77
Page 2
B) Please complete the following table.
Project Start Fifth Year Tenth Year
New jobs to be created 300 50 130
Less transfers* 275 0 0
Net 'obs 20 90 92
% of net jobs to be filled by 49% 49% 49%
Fort Worth residents**
�% of net jobs to be filled by 27% 27% 27%
Inner City residents
* If any employees will be transferring, please describe from where they will be
transferring.
Must be at least 25%
C) Attach a description of the jobs to be created (technician, engineer, machinist, etc.),
task(s) to be performed by each, and wage rate for each classification.
D) Attach a brief description of the employee benefit package(s) offered (i.e. Health
insurance, retirement, public transportation assistance, day care providision, etc.)
including portion paid by employee and employer respectively.
Attached
8. Regarding supply and service expenses (i.e. landscaping, office or manufacturing
supplies, janitorial services, etc.):
A) What is the annual amount of non-sole source supply and service expenses?
Supplies & Services - $400,000.00
B) What percentage of 8A. will be committed to Fort Worth businesses?
Supplies & Services - 25%
C) What percentage of 8A. will be committed to Minority and Women owned businesses?
Supplies & Services - 15%
9. Is the property appropriately Zoned for this project?
No, need J Light Industrial
10. Is the property platted? If yes, will replotting be necessary?
Yes, Site A
11. Attach a description of any environmental impacts associated with this project.
None
Page 3
12. Attach a description of any direct benefits to the City of Fort Worth as a result of
this project (i.e. Sales tax, inventory tax, development fees, etc.)
Current Texas Sales ..$17,700,000 Larger employment base
5'h year.......................... $24,000,000
10th year........................ $30,000,000
13. Do you intend to pursue abatement of:
County taxes - YES
School taxes - NO
14. What level of abatement do you request:
Years? 10 Percentage? 100%
15. On an attachment, explain why tax abatement is necessary for the success of this
project. Include a business pro forma or other documentation to substantiate your
request.
Attached
On behalf of the applicant, I certify the information contained in this application (including all
attachments) to be true and correct. I further certify that, on behalf of the applicant, I have
read the "Policy Statement: Tax Abatement for Qualified Development Projects" and agree to
comply with the guidelines and criteria stated therein.
Jkt Motheral
President
Page 4
NOIldI2i.7530 kib3dOldd Z# 1N3WH.)V H V
1N3W3lVgV XVI IVnISnONI/IVIDb3WW0.?
b0z� NOI1d.?Ilddb
Hlbom lbo:4 :40 A=
FIZZ Na. FN7475B
Page 2 of 1
FIELD gOTEBr
Being 22 .595 Acres of land in the Elijah Rogers Survey, Abstract
Numb 1292, Tarrant County, Texas, and being also a part of that cer-
tain 52.501 Acres of land described in Trustees Deed from Norma Lea
Beasley to Donald H. White, dated May 1, 1979, recorded in Volume
6731, Page 245, of the Tarrant County Deed Records, being more par-
ticularly described by metes and bounds as follows=
CCmX CI= at a concrete monument marking the southeast corner of
a State of Texas Tract, known as the "Resource Centre Office Park"
described in deed recorded in Volume 5412 , Page 900, of the Tarrant
County Deed Records;
TH$NCE N_ 00008100"E. 35. 00 feet along the east line of said
"Resaurce Centre Office Park" to the PLACE pB BEGINNING;
THENCE N. 00°08100"E. 850. 00 feet along the east line of said
"Resource Centre Office Park" ;
THENCE S.89052100"E. 9o0-o0 feet to the west line of Campus
Boulevard (1201 right of. sway) ;
THENCE S_310061301-E. 993 . 40 feet along the west line of Campus
Boulevard to the north line of a 30-foot City of Fort Worth mater line
easement;
THENCE N. 89055100"W. 1416. 00 feet along the north line of said
30-foot City of Fort Worth water line easement to the PLACE OF BEGIN-
NING.
a_
1
i
i
I
1
� ?dqtr.
� � o
e: �-
�Y 4'
ur. -
Q
dD
r
O
l �
� 4 �
o �
$ m
p
in
D p.
4 x
w
V � ^ w � i 8 Y •
W -
CITY OF FORT WORTH
APPLICATION FOR
COMMERCIAL/INDUSTRIAL TAX ABATEMENT
ATTACHMENT #3 CURRENT APPRAISED VALUE
TaxNetUSA: Tarrant County Property Information ?
TAD Number: 053GQ17 PUM A1292 2AD2 J
QWnces Nama D&K FAMMY,
p aadMmfting 'VALLFN`14_iN,.I�r LJR
Addzcaa HUMBLE TX 773392539
Name 1
5 --,
Legal OCERS,ELUAH SURVEY
1292 TR 2Ao2
Scbooi ort WOM led(905)
City ort Worth(026)
SFrsial Dliatsicts 099
This information is intended for reference only and is subject to changr- It may not accurately reflect the
compiefe status of the account as acmxHy carried in Tarrant Appraisal District's database and may not be used as
a basis of prutcst or appeal.
PROPERTY PROPERTY
INFORMATION VALUES
Tax year 20M Certified Yat1n '99 Certihd 5
BluilAnR Utdta 0 SQFT ppraisod-Building Value SO SO
Xind Axes 27.1 Irand Vatue s590,2381 5590,238
Land SgaamFcet 1,180,47 Value' $590,2381 $590,233
ear Bu>zi 0 I Nfn&ct Bulag Value $0
Pool Market Load Value 5590,238
91R Nfwkct VW= 5590'.381
TAD Map
CLLZZ
Iu)0
stair Code U3 t Cbange 99 to 2000 0.00
No-of Bedroom 0
No.of Batwoams 0 Ncoice Deft 04142000
.of Garage Bays 0 ARB Pending
CentralI at
Central Air
Deed Date 1/12/1996
Volume 0012237
D=d?W 0001665
CU Code Nimmber 80463312 tafar7natkm current as of 17114120M
Tax Agcnt Calc 000320
_JJTaxAge:W Name 41.07r1E&TOUCHE LLP 71
�:�:: .. IJ"r•• . ia�. 'F:.'�L'I'. .i1: :L7. ki.... :i't.{�.. ii'... 71iu° ."i• .'Ai ..IU, i1A1-E.—- ..
Noor.Ruilcfmg Unita may represent more thea one account contained m a mWe Economic Unit(ECU•).
�- Vdue H'btw7
Tu Year I Sid Valu d Val otal Va1w
999 Carti6t 5590,238 5590,23$
]998 Catifi � $590,738 $S90r.38
1997 C S59OX8 5590238
1996 Ccztficd 5540.'38 5590'381
T2 NetlJSA: Tarrant County Property Information
TAD Number. 05675839 PEW A163S 2COIA
Cnvnds Nemo D A K FAMMY,
Md Marling '.X,7
Addmu HUNOLE T7C M39-2539
rl-- 7'-�i
aess Nam=
l01 LOOP 820
L-ga1 WOODY,SAMUEL SMVE1639 TR ZCO1 A
Schaal artWorth Ied(905)
C• � as wadi(026)
la�� III
This information is intended for reference only and is subject to cbange. It may not aeenracdy reflect the
complete status of the account as actaatly carried in Tarrant Appraisal District's database and may not be Used as
a basis d protest or appeaL
_ PROPERTY _ PROPERTY
INFORMATION VALUES
_. Tax Yaw 000 Ca-lifted vzl� '99 Ccrtilkd S
Unita 0 SQ pprm=d Buddmg Valuc 501 SO
A"nr 4,7900 LSadvaLun $125,191 5125,291
Land Square Feet 208,652Appmad Vs1ue 4125,191 5125,191
YCW Bma u MmIxt Bmldmg Va1ne
poot kat Lind Value S 125,i 91
Value 5125,191
TAD Map 2•:.(i)3
Stagy C 3& r.3' PcirAmt Change 99 to 20M 0.00
No.of Badrooma 0
o.of Bat m"w 0 Ncti=Daae 04142000
.of Gataga Bays 0 ARB Feuding
ccabml Heat
Ccntsal Au
DeadDatc 1I 2/1996
Dccd Volume 0012237
D=dPagc 0001665
CUCC&Nambar 8046.3312 is lnformatsna creat as of 12/14/21100
Tax Agent Code 000320
ra Agent N=13 TTS&TOUCM LLP
..f�r.v.ff2� :1:.. �S'�5.,. .... 'iY.a•.t�;3�•,�. .:13 ': ] :..+•lt.._... .._. ::O• . .�lv:)n .. ... ..... .,2a
Note.Bnilcng Utrits may repceaeat more thaw one accaun1 contwned in%mmgk Eooaorwc Unit(E=.
Value Me _
Tax Year BJd V Land vat oral va3ate
7999 CaiifkG4 Sol 3125,1911 5125.19t
2998 CatiFicd S01 5208,652 5209,65'
1997 C o 5208,6521 5208,652
1996 C SO 5208,652 5208,65
Ta xNet USA: Tarrant County Peraonail Property Information
This infmma6au up to data as of 9/ir00o.
TAD Acct. Number:48281549 Real Estatt Acct Number 931 y'>D17
O+�nd3 Names F L MOTHHRAL CO
and Mailing FO BOX 629
Addmis FORT WORTH TX 76101.0629
Lacstioa 1512 MAIN
Bux6ew Name MOTHERAL YRINTING CO
SLC Calc 2759
Stam Cade
AccoovtType
Scbool �ert Wauth Isd(905) _
City vrt Worth(026)
Special Districts 99
000
This Worn athm Is intended for rtfcrc=r ovdy and is wbject to change_If may not accurately reflect the
complete stares of the accm mt as actually carried in Tarrant Appraisal District's d"ase and may not be used as
a bash of protest or appeaL
- PROPERTY VALUES
Tar Year 3000 '99 C '98 Ccrdtkd 197 Cert>fled$
Total`lalne $6,933,338.00 VxlUe Val 58.353,664.00
57,514,018.00 S8=6,897.00
arise Daae 7AFROF
%Change 99 Gert-Do 1000 ati6od ARB Pending Tex Agent Cody NEWTON ESTTax satName
A:a�tlrt•_Sovre_h_
lNvwv�r�y �7go�6 �a
fl Ww
CITY OF FORT WORTH
APPLICATION FOR
COMM ERCIAL/INDUSTRIAL TAX ABATEMENT
ATTACHMENT 7C EMPLOYMENT SALARY RANGES
Attachment 7C, Page 1
MOTHERAL PRINTING COMPANY
SALARY RANGES - MARCH 2001
Estimatin-
i Low i High
Estimating Manager $48,000.00 I $55,000.00
Estimator $39,000.00 I. $47,000.00
Customer Service
CSR Manager j $44,000.00 j $54,000.00
Customer Service Rep ; $32,000.00 $44,000.00
PrePress
PrePress Manager j $64,000.00 $74,000.00
PrePress Supervisor j $48,000.00 j $64,000.00
Scanner Operator j $18.50 j $22.25
Mac Operators $18.85 $22.15
Proofer/Platemaker 1 $14.70 i $18.20
Pressroom
i
Pressroom Manager 1 $65,000.00 ! $75,000.00
Pressroom Supervisor $54,000.00 j $65,000.00
I Press Operator Web $18.25 i $21.50
2'a Press Operator Web ! $14.33 $16.35
Rolltender $9.50 $11.00
Jogger j $7.50 I $8.00
1 Press Oper. Sheetfed 1 $20.00 j $22.50
2° Press Oper. Sheetfed ; $12.50 I $15.90
Feeder $8.00 1 $11.00
Bindery
Binder Manager $54,000.00 $66,000.00
Bindery Supervisor $34,000.00 $44,000.00
Cutter Operator $14.00 $15.50
Folder Operator $13.00 j $15.75
Stitcher Operator $11.87 j $16.90
Perfect Binder Operator i $17.00 $17.00
Binder Helper $7.00 $8.00
Mailroom/Fulfillment j
Mailroom Manager $40,000.00 $50,000.00
Mailroom Mach Oper. I $11.00 $11.45
Mailroom Helper $7.00 i $8.00
Fulfillment Supervisor $9.00 $14.50
Fulfillment Helper $7.00 $8.00
Shipping j 1
Traffic Manager j $35,000.00 j $48,000.00
Shipping Coordinator $9.50 j $12.25
Shipper Clerk j $9.00 $12.38
Driver $9.50 j $12.25
We allign our pay scale to the Printing & Imaging Association of Texas Wage & Benefit Survey.
Attachment 7C, Page 2
MOTHERAL PRINTING COMPANY
JOB DESCRIPTIONS
Job Title: Estimating Manager
Basic Function: Overseeing the Estimate Department to price jobs based on information
and specifications supplied by the Sales Department to provide
competitive pricing estimates.
Job Title: Estimator
Basic Function: Pricing jobs based on information and specifications supplied by the
Sales Department to provide competitive pricing estimates.
Job Title: Scheduler/Customer Service Manager
Basic Function: Scheduling work the most efficient way while meeting the customer's
delivery requirements, supervising the CSR department.
Job Title: Customer Service Representative
Basic Function: Coordinating job production throughout each department and maintain
constant contact with customer to keep them apprised of workflow.
Job Title: Prep Manager
Basic Function: Managing, developing, and improving all operations of the Conventional
Pre-Press and the Digital Pre-Press Department.
Job Title: Prep Supervisor
Basic Function: Directing and monitoring all activities relating to Pre-press operations.
Job Title: Scanner Operator
Basic Function: Scanning customer's originals into the Motheral digital system to match
and/or improve customer's originals assuring all required customer
specifications are met.
Job Title: Desktop Trapping
Basic Function: Producing layouts, artwork and page assemblies on electronic publishing
systems and generating digital color proofs from electronic files as
needed for production.
Job Title: Proofer
Basic Function: Preparing and inspecting proofs assuring a quality product is produced
and free of defects.
Job Title: Platemaker
Basic Function: Preparing and inspecting plates assuring a quality product is produced and
�VxJ
free of defects.
9r UbUi
Attachment 7C, Page 3
MOTHERAL PRINTING COMPANY
JOB DESCRIPTIONS
Job Title: Pressroom Manager
Basic Function: Directing all activities related to the pressroom operating of the
company
Job Title: Pressroom Supervisor
Basic Function: Overseeing production and personnel during the printing process
Job Title: I 'Press Operator (Web)
Basic Function: Overseeing all elements of operating a web press and supervising press
crew to insure a quality product is being produced at all times and in
compliance with customer job specifications.
Job Title: 2"d Press Operator (Web)
Basic Function: Assisting 1' Press Operator in all elements of operating a web press
throughout a job run and to insure a quality product is being produced
and is in compliance with customer job specifications at all times.
Job Title: Roll Tender (Web Press)
Basic Function: Assuring that rolls of paper are running properly through the press
continuously without interruption.
Job Title: Jogger (Web Press)
Basic Function: Evaluating product coming off of press and assuring that product is
properly put in designated containers.
Job Title: 1 ' Press Operator (5heetfed)
Basic Function: Overseeing all elements of operating a sheetfed press and supervising
press crew to insure a quality product is being produced at all times and
in compliance with customer job specifications.
Job Title: 2"d Press Operator (Sheetfed)
Basic Function: Assisting 1' Press Operator in all elements of operating a sheetfed press
throughout a job run and to insure a quality product is being produced
and is in compliance with customer job specifications at ail times.
Job Title: Feeder (5heetfed)
Basic Function: Maintaining feeder operations on a sheetfed press throughout press run
assuring sheets are fed into press properly.
Attachment 7C, Page 4
MOTHER.AL PRIMING COMPANY
JOB DESCRIPTIONS
Job Title: Manager Bindery
Basic Function: Managing, developing, and improving all finishing, shipping, mailing, and
fulfillment operations.
Job Title: Supervisor Bindery
Basic Function: Directing and monitoring all activities relating to bindery operations.
Job Title: Operator Cutter
Basic Function: Setting up and loading cutter with appropriate materials and directing
support personnel assuring a quality product is being produced.
Job Title: Operator Folder
Basic Function: Setting up and loading folder with appropriate stock and directing
support personnel assuring a quality product is being produced.
Job Title: Operator Stitcher
Basic Function: Setting up and operating stitcher and directing support personnel
assuring that a quality product is being produced.
Job Title: Operator Perfect Binder
Basic Function: Setting up and operating Perfect Binder and other associated equipment
and directing support personnel assuring a quality product is being
produced.
Job Title: Bindery Helpers
Basic Function: Assisting bindery operators to feed product into bindery machinery, and
to collect and package finished product.
Job Title: Mailroom Supervisor
Basic Function: Supervising mailroom personnel to assure that product is prepared and
completed before shipping and mailing.
Job Title: Mail Machine Operator
Basic Function: Preparing, sorting and separating mail according to class.
Job Title: Feeder (Mailroom)
Basic Function: Feeding correct versions of books to be labeled into mail machine.
Job Title: Fulfillment Supervisor
Basic Function: Organizing and supervising daily production of the Fulfillment area of the
company.
At-,achment 7C, Page 5
MOTHERAL PRINTING COMPANY
JOB DESCRIPTIONS
Job Title: Fulfillment Helper
Basic Function: Finishing out jobs according to customer requirements ensuring that a
quality product is delivered to customer.
Job Title: Traffic Manager
Basic Function: Overseeing and supervising the daily operations of shipping and receiving.
Job Title: Shipping Coordinator
Basic Function: Presetting and arranging the delivery of outgoing freight.
Job Title: Shipping Clerk
Basic Function: Assisting Shipping personnel in preparing product for delivery.
Job Title: Driver
Basic Function: Transporting products to the required places ensuring proper and timely
delivery.
QTY OF FORT WORTH
APPLICATION FOR
COMMERCIAVINDUSTRIAL TAX ABATEMENT
ATTACHMENT 7D EMPLOYEE BENEFITS PACKAGE
Lff:R'41 .
dL'
Attachment 7D, Page 1
Allotheral Printing Co. Benefits Summary - 2001
"Hourly Employees"
PacifiCare HMO Eligible 1'` of the month following 60 days of service)
WC pays 80%of employee's portion of monthly HMO premium and 30%of dependent portion of monthly HMO
premium)
Weekly HMO Premium Paid by Employee
Employee Only $ 9.53
Employee& Spouse 52.87
Employee& Child(ren) 43.20
Employee& Family 74.88
"Exempt Employees"
PacifiCare Hi IO (Eligible V` of the month following 60 days of service)
(MPC pays 80%of employee's portion of monthly HMO premium and 30%of dependent portion of monthly HMO
premium)
Weekly HMO Premium Paid by Employee
Employee Only $ 9.53
Employee& Spouse 52.87
Employee& Child(ren) 43.20
Employee& Family 74.88
"All Employees"
Dental (DMO & Indemnity) (Eligible 1" of the month following 60 days of service)
(Employee pays full cost of dental premiums.)
Weekly Dental DMO Weekly Dental Indemnity
Premium Paid by Employee Premium Paid by Employee
Employee Only $ 2.79 $ 5.44
Employee Plus One 5.45 10.13
Employee Plus Family 9.28 16.28
Life Insurance* (Eligible I" of the month following 60 days of service)
(MPC pays full cost of basic life.) Employee: Equivalent to 1X Annual Base Salary to $100,000
Spouse: $10,000
Child: $5,000
(*Supplemental Life Insurance through our group plan is available for purchase by the employee for up to the
lesser of 2 times annual base salary or 5100,000)
Accidental Death (Eligible I" of the month following 60 days of service)
&Dismemberment Employee: Equivalent to 1X Annual Base Salary to $100,000
(MPC pays full cost.)
Short-Term Disability (Eligible 1'` of the month following 60 days of service)
(NOC pays full cost) 70% of weekly earnings to a max of$500 per week
Waiting Period —Accident: None
Rev: 12/20/00 HR—Hourly Employees
Attachment 7D, Pace 2
Waiting Period — Sickness: 7 days
Benefit Period: 13 Weeks
Long-Term Disability (Eligible 1S` of the month following 60 days of service)
(MPC pays full cost) 60%of monthly earnings to a max of$6,000 per month
Waiting Period: 90 days Accident or Sickness
Additional Motheral Printing Co. Benefit Programs:
401k Retirement Plan (Eligible 1'`calendar quarter following 6 months of service)
MPC contributes on a percentage basis to an employee's
contribution.
Section 125/Flea Plan (EIigible 1"t of the month following 60 days of service)
Pre-tax contribution option allows employees to make
contributions toward medical insurance, out-of-pocket medical
expenses or dependent care expenses on a pre-tax basis rather than
an after-tax basis.
Medical Reimbursement Plan: Employees may make
contributions to this plan on a pre-fax basis and reimburse
themselves during the year for medical expenses not covered by
insurance. (See plan document for details and restrictions.)
Dependent Care Reimbursement Plan: Employees may make
contributions to this plan on a pre-tax basis and reimburse
themselves during the year for dependent care expenses. (See plan
document for details and restrictions.)
Vacation (Eligible after one year of service)
After One Year of Service: One Week of Vacation
Two to Nine Years of Service: Two Weeks of Vacation
Ten Years of Service: Three Weeks of Vacation
Holiday (Eligible from Date of Hire)
New Year's Day
Memorial Day
Independence Day—July 4t'
Labor Day
Thanksgiving (Thursday and Friday)
Christmas
Educational Assistance (Eligible after completing 1 year of service)
Program Up to $500 per year reimbursement of job-related educational
expenses. _
J�. •lel"ry C!'ry�', �'�.i!'.
Rev: 12/20/00 HR—Hourly Ern R ogees L
CITY OF FORT WORTH
APPLICATION FOR
COMMERCIAL/INDUSTRIAL TAX ABATEMENT
ATTACHMENT 15 TAX ABATEMENT REQUEST
Attachment 15
ATTACHMENT 15
To
City of Fort Worth
Tax Abatement Application
Why tax abatement is necessary for the success of this project (Question #15).
Motheral Printing Company is in an extremely competitive industry. Ranking in the top 300
companies (out of 40,000) in the United 5tates, even makes the problem more acute.
Almost all of the major printers in the country locate plants in rural areas in the Midwest.
The reasoning is to achieve the very lowest occupancy cost possible.
As you can see from the attached Printing Industry Ratio 5tudy, the average costs for
Real and Personal Property Taxes are .5% of total sales dollars. Although historically we
have run approximately .8%, without abatements our percentage would be approximately
2.7% of sales in a new location.
Even with the abatements we will only bring our percent to 1.9% leaving us still 1.4% over
the national average of the industry.
In an industry with a pre tax profit average of 3.2 % to 8.1 % of sales, the 1.4% overage
could eat up to one-half the entire profit of the company.
Motheral Printing Co is working hard to stay at home. We truly want to be here. If we
jeopardize the health of the company, we will jeopardize the very existence of those Ft.
Worth jobs we hope to keep in Ft Worth. Obviously we can't compromise the health and
strength of the company.
Motheral Printing Co is trying to make a Ft. Worth location work, but we desperately need
every bit of help the City can give
Address List by Zip Code
Gip Code Counl Street Address G State
60010 1 413 WARWICK ROAD TOWER LAKES IL
74055 1 9355 N. 154T4 E. AVENUE OWASSO OK
75028 1 2600 WESTERVILLE COURT FLOWER MOUND TX
75038 1 4236 MADERA IRVING Tx
75052 3 4041 DOROTHY RD. GRAND PRAIRIE TX
4368 NEWBERRY STREET GRAND PRAIRIE TX
4041 DOROTHY ROAD GRAND I'RAIRIE TX
75062 1 3813 CRATER LAKE COURT IRVING TX
75070 1 4700 CEDAR CREST MCKINNEY TX
75104 2 800 WILLOW WOOD DR. CEDAR HILL TX
800 WILLOW WOOD CEDAR MILL TX
75228 1 8303 CAPIUOLA LANE DALLAS TX
75233 1 3022 MAPLE LEAP'LANE DALLAS TX
75287 1 18250 MARSH LANE#2005 DALLAS `I'X
76009 5 4609 CR 703 ALVARADO TX
6421 SCENIC COURT ALVARADO TX
119 APACHE TRAIL ALVARADO TX
6421 SCENIC COURT ALVARADO TX
4900 FM 2415 ALVARADO TX
76010 1 422 BROWNING DRIVE ARLINGTON TX
'Wl II , isil ARBOR TOWN CIRCLE. ARLINGTON TX
76031 2 645 W. BETIIESDA ROAD CLEBURNE TX
2113 WREN CT, CLEBURNE TX
76034 2 2008 REYNOLDS DRIVE COLLEYVILLE TX
6601 CHARLESTON COLLEYVILLE TX
76036 6 COUNTY ROAD#920A CROWLEY TX
1365 AUTRY LANE CROWLEY TX
1817 COUN"TY ROAD #920A CROWLEY TX
1209 LEE ANN CROWLEY TX
708 CARDINAL COURT FORT WORTH TX
309 N.HE IGI ITS DR. CROWLEY TX
76036-1111 1 P.O. BOX 1111 CROWLEY TX
76040 1 900 SOU"ll-1 MILLS EULESS TX
7.6048 I 3706 PECAN GROVE COURT GRANBURY TX
76049 2 714 SUN COURT CRANBURY TX
P.O. BOX 883 GKANBURY TX
76053 2 P O BOX 63 HURST TX
105 E. PLAZA BLVD. HURST TX
76060-3801 1 100 BRIARWOOD KENNENDALE TX
76063 2 117 CEDAR MANSFIELD TX
P.O. BOX 2005 MANSFIELD TX
760734988 1 1390 COUNTY ROAD 3791 PARADISE TX
76082 3 914 E 3RD STREET SPRINGTOWN TX
171 VALLEY MEADOWS DR. SPRINGTOWN TX
1694 SALT CREEK ROAD SPRINGTOWN TX
76086 1 205 COTTONWOOD ST WEATHERFORD TX
76087 1 13815 LLANO COURT WEATHERFORD TX,
�, � �
���r��,
�!�����,
_.
I
' ��
1 W
r�e� _-_
��•,,� ._ 1�.
�,
��:..�,
®'� � p
■ � � � .�
o
n - __ _- .-,.._ _
�v _�__
��
Irk ..'Y,_��` ,r` ®��
/ -
� '� �®I
s
� � � � �.
. � r�.� --
�:
• -- -
�� _ � �
.y N {•=��
I ,� , �� __
�..� � ��
L r
_ � � ����
f 3
_�. _. I I
- •r
�� ��
� �
lfll'lULDAT 'DD TAlmTNT r D7 AA
M O THE R A L PRINTING COMPANY i10 Saulfi Maid Strocl
:'.U.Box 629
-ort worth.Texas 7E;1o1
EXHIBIT "F" 117 225 14131 Phone
717 429 1.048 Mevo
March 17, 2003 317 429 6165 Fax
Mr. Frank Moss
City of Fort Worth
400 Throckmorton
Fort Worth, TX 76101
Re: Info Regarding Ft. Worth and Inner City Recruitment for Motheral Printing Co
Dear Frank:
The question has arisen: Why is Motheral Printing leaving the Inner City for the far east ;ide
of Ft. Worth?
As you will recall, MPUs property was purchased, in lieu of condemnation, by the FWIS D.
We are required to be out by late September 2003. We have made four failed attempts it
staying in the immediate area (inside the loop). We are moving to Centerport as a last resort
to stay in Fort Worth.
First, we negotiated on a site south of TCC South campus, financing was unavailable. K ext,.
we worked on the old Tandycraft Building in far South Ft Worth, but the site was in
Bankruptcy. Next we looked at the lien E. Keith Bldg in downtown, which was too
expensive to retrofit with new presses. Finally we explored a site in Mercantile Park, bu- it
was un- finaceable for our use.
Unfortunately, there are very few options for a company our size near the Ft. Worth CS ).
Only after 4 serious attempts have we elected to go to Center Port. It is truly a last rescrt to
stay in the City of Ft. Worth..At this time our alternative to Center Port is the Technol
building in North Richland Hills.
Despite the inconvience for all Motheral Printing Co. employees, we hope to not only he Id
on to all of our current team, but to add to our staff from Ft. Worth and the Inner City. n
order to accomplish this goal, we will enhance our current recruitment program with Te,:h
High School to include all the Ft. Worth High Schools. In addition, we will initate a
proactive recruiting-program at all campuses of TCC.
Finally with a new marketing program, which will include employee recruiting, we will ti y to
lure employees by offering free T Rail Passes to each employee, in hopes most will use :he
train. to reach work.
Our groundbreaking ceremony will be a trip on the train from downtown terminal to the
Centerport Terminal with a short walk to the site. Following the groundbreaking and lun-,h,
we will all return to the downtown terminal. We hope this will excite our staff to the ne w
site.
Motheral Printing Co. fully believes we can hold the entire staff and hire our new emplo lees
rror'n Ft. Worth. We won't be leaving the inner city; we have worked too hard to impro% o
our downtown neighborhood over the past 67 years. Should you have questions, call rr e.
David Motheral "����-
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/18/2003
DATE: Tuesday, November 18, 2003
LOG NAME: 17CENTREPORT REFERENCE NO.: G-14158
SUBJECT:
Authorize Execution of Tax Abatement Agreements with Motheral Printing Company and with
Centreport Properties, Inc. and Related Findings of Fact by the City Council
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute the attached Tax Abatement Agreement with Motheral Printing
Company (Motheral); and
2. Authorize the City Manager to execute the attached Tax Abatement Agreement with Centreport
Properties, Inc. (Centreport); and
3. Find that the statements set forth in the recitals of both of the attached Tax Abatement Agreements are
true and correct.
DISCUSSION:
On March 25, 2003 (M&C G-13913), the City Council authorized execution of a Tax Abatement Agreement
with Motheral. The proposed Agreement provided for a maximum 87% real and personal property Tax
Abatement on a new 150,000 square foot printing facility to be constructed in the Centreport Business
Park. This property has been designated by the City Council as Tax Abatement Reinvestment Zone No.
43.
Motheral and Centreport previously entered into a lease agreement under which Motheral will be leasing
both the land and the new printing facility from Centreport. Centreport will actually oversee construction of
the printing facility, and will retain ownership of the printing facility once it is completed. Under the lease,
Motheral is responsible for payment of all of Centreport's property taxes on the real property. However,
because Motheral will not be the owner of the real estate, state law only allows the City to abate for
Motheral the real property taxes on the leasehold interest in the real estate.
After the City Council approved M&C G-13913 on March 25, 2003, Motheral contacted the City and
informed staff that the Tarrant Appraisal District's opinion was that the leasehold value in the real property
would be virtually nonexistent, since Centreport would own all improvements, and Motheral was paying a
fair market rent to Centreport. In other words, the bulk of the value of the real property would be taxable to
Centreport, meaning that Motheral would have to pay those taxes, as required in its lease, and that those
taxes could not be abated for Motheral because of state law restrictions.
Because it was the intention of the parties that Motheral's property tax liability on the new printing facility be
abated as outlined in M&C G-13913, Motheral asked City staff to determine whether this inequity could
legally be remedied. Accordingly, City staff is recommending that the proposed tax abatement be
accomplished through two Tax Abatement Agreements: one for Motheral that would abate the real property
Logname: 17CENTREPORT Parra 1 M. A
T
taxes on the leasehold interest in the property and all personal property located thereon, and one for
Centreport that would abate the real property taxes only on the fee interest in the property. The effect of
this structure would mean that all of the real property taxes payable by Motheral could legally be abated by
the City, which, as stated above, was the original intention of all parties. In other words, the value of the
total abatement to both Motheral and Centreport will not exceed the value of the abatement previously
approved by the City Council.
Centreport's proposed Tax Abatement Agreement is structured identically to the Tax Abatement Agreement
that the City Council approved for Motheral in March 2003, with the understanding that the City can
terminate Centreport's Tax Abatement Agreement if the lease provision requiring Motheral to pay all of
Centreport's property taxes ever expires, terminates, or is materially amended. In addition, Centreport's
Tax Abatement Agreement will automatically terminate upon termination of the Motheral Tax Abatement.
The structure of the Tax Abatement Agreement for Motheral remains the same as provided in M&C G-
13913, with the exception that the estimated cost of the new printing facility is $5.5 million, not $7.5 million
as stated in that M&C. The lower cost is reflective of actual bids that Centreport has received since the
M&C was approved in March 2003. As set forth in M&C G-13913, Motheral's Tax Abatement is conditioned
on and structured as follows:
Project
Motheral, a third generation family-owned Fort Worth company, is planning to occupy a new 150,00 square
foot facility that contains 34,000 square feet of area reserved for expansion. The estimated cost of the new
facility is $5.5 million. Taxable inventory is estimated to be $1.5 million, with 49% of that freeport
exempt. Sales subject to Fort Worth sales taxes are estimated to be $12.3 million initially, and those sales
are estimated to grow to $30 million by the tenth year of the abatement. Motheral is planning to acquire $15
million in new taxable personal property (printing equipment).
In consideration of the City's granting a tax abatement on this project, during each year of the proposed
abatement Motheral will to pay the City an amount equal to the taxes that it is paying on its current printing
facility at 510 South Main Street ($63,207).
Employment
Motheral will be retaining 217 employees, of which 136 are Fort Worth residents and 77 are Central City
residents.
Utilization of Fort Worth Businesses
Motheral and Centreport have committed that at least 40% of construction spending on the new printing
facility will be with Fort Worth construction contractors and/or subcontractors. Additionally, at least 25% of
Motheral's annual supply and service expenditures will be with Fort Worth companies.
Utilization of Fort Worth M/WBE Businesses
Motheral and Centreport have committed that at least 15% of construction spending on the new printing
facility will be with Fort Worth Minority and Women Business Enterprises (M/WBEs). Additionally, at least
15% of Motheral's annual supply and service expenditures will be with Fort Worth M/WBEs.
Abatement Terms
Motheral will receive a ten-year tax abatement on real (leasehold interest) and personal property that could
reach a maximum of 87% annually. The abatement incorporates Motheral's and Centreport's construction
expenditures and Motheral's employment and total supply and service spending, as follows:
Losname: 17CENTREPORT T) -`A