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Ord 027-2007 3/20/2007 r ORDINANCE NO. 0�� b l ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND #1 IN THE AMOUNT NOT TO EXCEED $23,764.00 FOR FA�ADE IMPROVEMENTS AT 609 EIGHTH 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 December 21, 2006 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 $23,764.00 are to be appropriated for the fa�ade improvements at 609 Eighth Street. Payment is to be based on the receipt of documented costs. SECTION 3. This commitment shall be in force for a period of six (6) months after the effective date of this ordinance. SECTION 4. The City Manager is authorized to execute an agreement with the owner of the property indicated as Cleo B. Karr and authorized agent Larry Karr 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 20 day of March, 2007. �� , �----� MAYOR ATTEST: City Clerk CONTRACT WITH THE ORIGINAL CASA MANANA This contract, made and entered into this the�� day of ,� ,; 2007, by and between the City of Wichita Falls, Texas, hereinafter referred to as Ci , and The Original Casa Manana Inc., owned by Cleo B. Karr and authorized agent Larry Karr, hereinafter referred to as "Contractor." WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: 1. Scoae of Services. The Contractor agrees to perForm the following project in a satisfactory and proper manner as determined by the City: To remodel the structure interior, repair existing neon sign and rehabilitate the three-section building farade consisting of 607, 609 and 611 Eighth Street. 2. Term of Contract. The term of this agreement shall be for a period of six 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. Comuensation. The City agrees to pay to the Contractor a maximum amount of twenty-three thousand, seven hundred and sixty-four dollars ($23,764.00), 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 twenty-three thousand, seven hundred and sixty-four dollars ($23,764.00) 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 the fa�ade rehabilitation component is completed in accordance with the approved design plans and receipt of a Certificate of Occupancy issued for the interior component of the project. 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. c. In the event the Contractor sells the said property and/or structure within five (5) years of the execution date of this contract all TIF funds 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 payrotls, 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 �Q�G f't. , 2007. CITY O CHITA FALL T S B I Darron eiker, City Mana er ATTEST: � � City rk APPROVED AS TO FORM THE ORIGINAL CASA MANANA, INC CLEO B. KARR J�GSl�� City Attorney BY� ��r�v �f ��-�'7JZ� LARRY KARR AUTHORIZED AGENT By: Attachment `A' — Existing FaCade '�..._.,. i..A � � � �[ �• � �. � �. s � • ��i 1 . A.� t..i i �`. �°� �Y. �'t lr' 9. ,� Y; � a '$ €�.�}'� � {"; ;` i � �k`� ��tk�,�"`��i�+'a "� ` ; .f: r�,� � �� a � a't � � � =� f� � � i �� ti /�;-, �`� � vo� . �?� /� -. - � �" �....�.:., .. . �i i . 9r�/' � . .. � +tr � •��..".�"_— , .. H� � a ,� �� i•ahKH;. " �� ..� . s.. . � -? � �� -.-�--- � su� � - � �. . �J , `;� � r _ � �v " f r � ' �: f ;' � t � °� �' a x, ,+:_ _ l' t6 � . 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