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HomeMy WebLinkAboutRES 04-232 RESOLUTION NO. 04-232 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 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 28th day of September, 2004. :Lw: ��� too, , enema s e m �� - yor 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 oractivities oradvertising 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: GAMAGREEMEWEFFTHEATRE FY 05.wpd EXHIBIT "A" Page 1 of 3 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 ($5,000) Dollars per quarter commencing October 1, 2004 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, 2004 to September 30, 2005. 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, 2005. 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. GAMAGREEMENWEFFTHEATRE FY 05.wpd EXHIBIT "A" Page 2 of 3 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. EXECUTED this the 30th day of September, 2004. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk JEFFERSON THEATRE PRESERVATION SOCIETY By: Name: Title: ATTEST: By: Name: Title: GACGWGREEMENWEFFTHEATRE FY 05.wpd EXHIBIT "A" Page 3 of 3