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Home My WebLink AboutRES 98-273 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 between the Southeast Texas Arts Council (SETAC) and the City of Beaumont for the utilization of revenue derived from the 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 —Z��oA� �21 J 11998' - Mayor - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council', is as follows: WITNESSETH WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue 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," WHEREAS, the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; EXHIBIT "A" Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of One Hundred Forty Thousand Dollars ($140,000) by City to Council will be made from funds as available and as 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. Payment will be made monthly commencing October 1, 1998. The first payment will be in the amount of Eleven Thousand Eight Hundred and Fifty Dollars ($11,850) with the remaining eleven (11) monthly payments being in the amount of Eleven Thousand Six Hundred and Fifty Dollars ($11,650). Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall periodically submit financial reports to the City reflecting all receipts and disbursements by the Council. The Council shall submit such reports quarterly commencing January 10, 1999. The last report, due October 10, 1999, shall be an annual financial report fully describing all receipts and disbursements of the Council and setting out all other material information concerning the financial activities and financial condition of the Council. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable 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 SOUTHEAST TEXAS ARTS COUNCIL By: Executive Director ATTEST: By: