Ord 84-2020 TIF #4 Funds to DWFD $10,000 Indiana Ave. National Register 12/15/2020Ordinance No. 84-2020
Ordinance appropriating funds from the Tax Increment Financing (TIF)
Reinvestment Zone #4 Fund to Downtown Wichita Falls Development,
Inc. (DWFD) for matching assistance in an amount not to exceed
$10,000 for the creation and development of an Indiana Avenue
National Register Historic District and Historic Resources Survey; and
authorizing the City Manager to enter into a contract with DWFD, Inc.
for the stated funds
WHEREAS, the City Council created the Tax Increment Financing Reinvestment
Zone #4 (TIF#4) for the purpose of encouraging economic development and increasing
the tax base in the greater downtown area; and,
WHEREAS, the City Council wishes to pursue the development of public -private
partnerships that further enhance development opportunities; and,
WHEREAS, on November 24, 2020, the Board of Directors of TIF#4 recommended
an expenditure for creation of an Indiana Avenue National Register Historic District and
Historic Resources Survey in an amount of $10,000; and,
WHEREAS, the City Council finds that expenditures described herein:
1. Have been recommended by the TIF#4 Board of Directors;
2. Provide for activities beneficial to the TIF#4 Project and Financial Plan goals and
objectives;
3. Provide for the public purposes of development and diversifying the economy of the
TIF#4 Zone; and
4. Comply with all provisions of Texas Tax Code 311.001, et. Seq., the Tax Increment
Financing Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
TIF#4 funds in the amount of $10,000 are hereby appropriated for the creation and
development of an Indiana Ave. National Register Historic District and Historic Resources
Survey (Exhibit `A'), and shall be valid through September 15, 2021; City Manager is
authorized to execute a contract (Exhibit `B') with DWFD, Inc., as modified and approved
by the City Attorney.
PASSED AND APPROVED this the 15t" day of December, 2020.
ATTEST:
City Clerk
EXHIBIT A
Indiana Historic District (IHo)
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IHD Boundary
IHO Properties
171 Parcels
EXHIBIT B
CONTRACT WITH DOWNTOWN WICHITA FALLS DEVELOPMENT,
INC., ALSO KNOWN AS DWFD, INC.
This contract, made and entered into this the day of December 2020, by and
between the City of Wichita Falls, Texas, hereinafter referred to as "City," and Downtown Wichita
Falls Development, Inc., also known as DWFD, Inc., hereinafter referred to as "Contractor."
W I T N E S S E T H:
For and in consideration of the mutual covenants herein contained, the parties do hereby
agree as follows:
1. Scope of Services. The Contractor agrees to perform the following project in a
satisfactory and proper manner as determined by the City:
Manage the process for the creation and development of a national register historic district
on Indiana Avenue which includes but is not limited to:
- Subcontracting with a qualified historic preservation consultant to research, survey,
photograph and compile building history for each property in defined district boundary;
preparation of application for National Parks Service; Texas Historical Commission.
- Provide administrative/coordination among subcontracted historic preservation
consultant, city CLG staff and the area foundation.
2. Term of Contract. The term of this agreement shall be for the period of nine
months beginning December 15, 2020 and ending September 15, 2021, subject to satisfactory
performance by the Contractor as outlined herein.
3. Compensation. The City agrees to pay to the Contractor a maximum amount
of Ten Thousand Dollars ($10,000), which shall constitute full compensation for the Contractor's
services and expenses incurred under this contract. In no event shall the City be required to pay
more than Ten Thousand ($10,000) to the Contractor under the terms of this contract.
4. Method of Payment. Payments to the Contractor shall be made in a lump sum
based on documented expenses in the form of an executed contract with the historic preservation
consultant hired to conduct the project research, application forms and processing. Payment shall
be processed upon receipt of a request for payment and verification of project component
completion.
5. Contractor's Contribution. The Contractor shall contribute sufficient funds for
continued performance to fulfill terms of the contract and shall provide evidence of the availability
of such funding. The Contractor shall be responsible for the additional matching funds ($10,000)
from outside, private sources to comprise the full project cost of $20,000.
6. Termination of The Contract. This agreement shall continue in full force and
effect until the expiration of the term set forth above. If either party fails to fulfill their obligations
under this contract in a timely and proper manner, the other party shall have the right to terminate
this contract for cause. Written notice stating the grounds for termination will be given to the other
party, not less than thirty (30) days prior to the effective date of such termination.
The Contractor shall be entitled to receive just and equitable compensation from the City
for any satisfactory work completed prior to the termination. The Contractor will refund any
unearned funds advanced by or received from the City. Notwithstanding the above, the
Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue
of any breach of the Contractor. The City may withhold any payments due the Contractor for the
purposes of setoff until such time as the exact amount of damages due the City from the
Contractor are determined.
7. Records.
a. Establishment and Maintenance of Records. The Contractor shall establish
and maintain records in accordance with requirements prescribed by the City, with
respect to all matters covered by this contract.
b. Documentation of Costs. All costs shall be supported by properly executed
contracts and other any other accounting documents. Any of the above related in
whole or in part to this contract shall be clearly identified and readily accessible.
Any undocumented project costs will not be reimbursed by the City.
8. Compliance with Local Laws. The Contractor shall comply with applicable
laws, ordinances, and codes of the State and local governments and the Contractor shall save
and hold harmless the City with respect to damages arising from any tort committed in performing
any of the work embraced by this contract.
9. Applicable Law/Venue. The law of the State of Texas shall apply to this
agreement, and all rights, construction and questions of validity hereunder shall be governed by
Texas law. It is further agreed that venue for all purposes shall be Wichita County, Texas.
10. Waiver of Attorney's Fees. If any action at law or in equity is necessary to
enforce this agreement, each party agrees to pay its own attorneys' fees and will not seek to
recover its own attorneys' fees from the other party. All parties understand that Texas Local
Government Code subchapter I, § 271.153(a)(3) provides that the total amount of money awarded
in an adjudication brought against a governmental entity for breach of a contract includes
attorneys' fees. All parties expressly waive all statutory and other rights to recover attorneys' fees
pursuant to § 271.153(a)(3) and all other law.
11. Contractual Damages Limitation. The City is not liable for consequential
damages, exemplary damages, or damages for unabsorbed home office
overhead
12. Governmental Function Clause. All parties agree that this contract is one
that pertains solely to a governmental function taken by or on behalf of the City of
Wichita Falls. All parties expressly agree that the City is not engaging in any
propriety functions.
It is understood that DWFD, Inc. may facilitate this project through the use of single purpose
corporations or limited partnerships.
This contract made and entered into the day of , 2020.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF WICHITA FALLS, TEXAS
Darron Leiker, City Manager
DOWNTOWN WICHITA FALLS
DEVELOPMENT, INC.
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