HomeMy WebLinkAboutRES 18-245RESOLUTION NO. 18-245
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 financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Downtown Beaumont Cultural Arts District (DBCAD) and the City of Beaumont in
the amount of $10,000.00 for FY 2019.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
October, 2018.
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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 Downtown Beaumont Cultural Arts District, herein called
"DBCAD", 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 the
encouragement, promotion, improvement and application of the arts, including
instrumental and vocal music, dance, drama, folk art, creative writing, architecture,
design and allied fields, painting, sculpture, photography, graphic and craft arts, motion
pictures, radio, television, tape and sound recording, and other arts related to the
presentation, performance, execution and exhibition of these major art forms; and, for
projects that directly enchance and promote tourism and enhance and promote
convention activities.
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to DBCAD.
NOW, THEREFORE, the City and DBCAD agree as follows:
1. City agrees to pay to DBCAD the amount of Ten Thousand ($10,000) Dollars.
The payment provided for herein will be made quarterly in the amount of Twenty -Five
EXHIBIT "A"
Hundred ($2,500) Dollars per quarter commencing October 1, 2018 from funds as
available and collected from the hotel occupancy tax.
Any funds not expended by DBCAD will be retained by DBCAD 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 DBCAD is an independent contractor and is not,, an officer, agent or
employee of the City.
4. In return for the payments provided for herein, DBCAD agrees to operate for
the period October 1, 2018 to September 30, 2019.
5: The DBCAD shall submit quarterly reports in the format provided by the City
reflecting the activities of DBCAD as they relate to this contract. The DBCAD shall
submit such reports quarterly commencing January 15, 2019.
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 DBCAD.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the DBCAD 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 DBCAD will attend the
seminar.
9. DBCAD agrees to indemnify, save harmless, and defend the City of
Beaumont from any and all claims, causes of action and damages of every kind arising
from the operations of DBCAD, its officers, agents and employees, including the
officers, agents, and employees involved in DBCAD operation and specifically including
herein any and all acts of negligence by the City of Beaumont, its agents, officers or
employees, carried out under the terms of this agreement.
EXECUTED this the day of 12018.
CITY OF BEAUMONT
Kyle Hayes
City Manager
ATTEST:
City Clerk
Downtown Beaumont Cultural Arts District
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