HomeMy WebLinkAboutRES 03-211 RESOLUTION NO. 03-211
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract
between the Jefferson Theatre Preservation Society and the City of Beaumont in the
amount of $20,000. The agreement is substantially in the form attached hereto as
Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
September, 2003.
- Ma r Evelyn M. Lord -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Jefferson Theatre Preservation Society, herein called "Society", is as
follows:
WITNESSETH:
WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq., authorizes the Cityto levy
by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use
a portion of the revenues derived from its hotel occupancy tax"for historical restoration and
preservation projects or activities or advertising and conducting solicitation and promotional
programs to encourage tourists and convention delegates to visit preserved historic sites
or museums at or in the immediate vicinity of convention center facilities or located
elsewhere in the municipality or its vicinity that would be frequented by tourists; and,"
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to Society for historical restoration,
preservation, and tourism in Beaumont:
NOW, THEREFORE, the City and Society agree as follows:
1. City agrees to pay to Society the amount of Twenty-Thousand($20,000)Dollars.
The payment provided for herein will be made quarterly in the amount of Five-Thousand
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EXHIBIT "A"
($5,000) Dollars per quarter commencing October 1, 2003 from funds as available and
collected from the hotel occupancy tax.
Any funds not expended by Society will be retained by Society to be reallocated
for similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes established
by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The Society is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, Society agrees to operate for the
period October 1, 2003 to September 30, 2004.
5. The Society shall submit quarterly reports in the format provided by the City
reflecting the activities of the Society as they relate to this contract. The Society shall
submit such reports quarterly commencing January 20, 2004.
6. The City Manager of City or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Society.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the Society shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
8. Funding under this contract will require that should such a seminar be held
during the term of this contract, a representative of Society will attend the seminar
designed to assure that expenditures of Hotel Occupancy Tax funds are made in
compliance with the Act. Attached as an appendix is a briefing paper that outlines
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methods that will be employed to provide necessary information to assure that funding
under this contract complies with state law.
EXECUTED this the 30th day of September, 2003.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
JEFFERSON THEATRE
PRESERVATION SOCIETY
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
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