Ord 061-2007 6/19/2007 ORDINANCE NO. �O I
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TX, MAKING AN APPROPRIATION FROM THE TAX
INCREMENT FINANCING (TIF) FUND #1 IN THE AMOUNT NOT TO
EXCEED $35,000.00 FOR REHABILITATION IMPROVEMENTS AT 801
OHIO STREET; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Wichita Falls finds there is a need to
support economic development in the City and adopted Tax Increment Financing Zone
#1 in 1986; and,
WHEREAS, the proposed project is consistent with the Project Plan for the
Reinvestment Zone #1; and,
WHEREAS, the Tax Increment Financing Board of Directors voted at a meeting
held on May 24 2007 to recommend funding the proposed project to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The preamble stated above is made part of this ordinance.
SECTION 2. TIF funds in an amount not to exceed $35,000.00 are to be
appropriated for the improvements at 801 Ohio Street. Payment is to be based on the
receipt of documented costs.
SECTION 3. This commitment shall be in force for a period of twelve (12)
months with a review of progress at six (6) months after the effective date of this
ordinance.
SECTION 4. The City Manager is authorized to execute an agreement with the
Wichita County Heritage Society for the use of such Tax Increment Financing
Reinvestment Zone #1 funds.
SECTION 5. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 19 day of June, 2007.
MAYO R
ATTEST:
City Cler
CONTRACT WITH THE WICHITA COUNTY HERITAGE SOCIETY
This contract, made and entered into this the day of , 2007,
by and befinreen the City of Wichita Falls, Texas, hereinafter referred to as "City," and
The Wichita County Heritage Society, hereinafter referred to as "Contractor."
WITNESSETH:
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:
To develop plans and remodel the structure at 801 Ohio Street.
2. Term of Contract. The term of this agreement shall be for a period of finrelve (12)
months and subject to a progress review by the TIF #1 Board after six (6) months
beginning on the date contract is signed and fully executed by all parties and subject to
satisfactory perFormance by the Contractor as outlined herein.
3. Compensation. The City agrees to pay to the Contractor a maximum amount of
thirty-five thousand dollars ($35,000), 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 thirty-five thousand dollars ($35,000.00) to the
Contractor under the terms of this contract.
4. Method of Pavment. Payment to the Contractor shall be on a reimbursement basis
after determination that designated portions of the rehabilitation are completed
specifically including plan development, the roof, windows, and the remainder of the
exterior facades in accordance with the approved design plans.
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 any remaining
project expenses.
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.
7. Conditions
a. In the event the project site and/or structure on said property is damaged or
destroyed by an act of nature (including but not limited to fire, tornado, lightning,
wind or other cause), within five (5) years of the execution date of this contract,
where the Contractor is partially or fully reimbursed through insurance all TIF
funds awarded shall be reimbursed to the City of Wichita Falls' Tax Increment
Financing Fund.
b. If any illegal action by the Contractor is found to be the cause for damaging or
destroying the project site and/or structure within five (5) years of the execution
date of this contract, all TIF funds previously awarded shall be reimbursed to the
City of Wichita Falls' Tax Increment Financing Fund.
8. 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
payrolls, time records, invoices, contracts, vouchers, orders, and/or 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.
9. Compliance with Local Laws. The Contractor shall comply with applicable laws,
ordinances, and codes of the State and local government including applicable building
codes and landmark regulations. 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.
10. Applicable LawNenue. 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.
This agreement made and entered into the day of , 2007.
CITY OF WICHITA FALLS, TEXAS
By:
Darron Leiker, City Manager
Attest:
City Clerk
Approved as to Form: Wichita County Heritage Society
City Attorney Authorized Representative