HomeMy WebLinkAboutRES 97-245 RESOLUTION NO.
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
with the Jefferson Theater Preservation Society substantially in the form attached hereto.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
Cdr , 1997.
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- 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:
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, 1997 to September 30, 1998.
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, 1998.
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 1997.
CITY OF BEAUMONT
By:
Ray A. Riley
City Manager
ATTEST:
By:
City Clerk
JEFFERSON THEATER
PRESERVATION SOCIETY
By:
President
ATTEST:
By: