HomeMy WebLinkAboutRES 07-322 RESOLUTION NO. 07-322
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,
substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage
Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for
FY08.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
October, 2007.
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Beaumont Heritage Society operating the John J. French Museum,
herein called "Museum", 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 Museum for historical restoration,
preservation, and tourism in Beaumont:
NOW, THEREFORE, the City and Museum agree as follows:
1. City agrees to pay to Museum the amount of Forty-Seven Thousand ($47,000)
Dollars . The payment provided for herein will be made quarterly in the amount of Eleven
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EXHIBIT "A"
Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October
1, 2007 from funds as available and collected from the hotel occupancy tax.
Any funds not expended by Museum will be retained by Museum 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 Museum is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, Museum agrees to operate for the
period October 1, 2007 to September 30, 2008.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 19, 2008.
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 Museum.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the Museum 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 a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Museum will attend the
seminar.
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EXECUTED this the day of 12007.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
BEAUMONT HERITAGE SOCIETY
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
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