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HomeMy WebLinkAboutRES 98-274 RESOLUTION NO. ?f-077Zl 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 Theater Preservation Society and the City of Beaumont for the utilization of revenue from the from hotel occupancy tax to promote the arts. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1998. - Mayor - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Jefferson Theater Preservation Society, herein called "Society", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to 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 and preservation in Beaumont: EXHIBIT "A" NOW, THEREFORE, the City and Society agree as follows: 1. City agrees to pay to Society the amount of Twenty-Five Thousand Dollars ($25,000). The payment provided for herein will be made quarterly in the amount of Six Thousand Two Hundred and Fifty Dollars ($6,250) per quarter from funds as available and collected from the hotel occupancy tax. All revenues from said hotel occupancy tax are subject to pledge by City to secure the payment of principal and interest on bonds to be issued by the City, and any payments provided for herein are subordinate and subject to any such pledge. 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, 1998 to September 30, 1999. 5. The Society shall periodically submit financial reports to the City reflecting all receipts and disbursements by Society. The Society shall submit such reports quarterly commencing January 10, 1999. 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. EXECUTED this the day of 11998. CITY OF BEAUMONT By: Ray A. Riley City Manager ATTEST: By: City Clerk JEFFERSON THEATER PRESERVATION SOCIETY By: President ATTEST: By: