HomeMy WebLinkAboutRES 98-276 RESOLUTION NO. _2Z-,;Z
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 contract between the
Beaumont Heritage Society operating the John J. French Museum and the City of
Beaumont for the historical preservation and promotion of tourism to be paid from hotel tax
revenues. The agreement is substantially in the form attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the a9;e-&
day of �, , 1998.
- Mayor -
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 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 Museum for historical restoration and
preservation in Beaumont:
EXHIBIT "A"
NOW, THEREFORE, the City and Museum agree as follows:
1. City agrees to pay to Museum the amount of Forty Thousand Dollars
($40,000). The payment provided for herein will be made quarterly in the amount of Ten
Thousand Dollars ($10,000) per quarter commencing October 1, 1998 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 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, 1998 to September 30, 1999.
5. The Museum shall periodically submit financial reports to the City reflecting
all receipts and disbursements by Museum. The Museum shall submit such reports
quarterly commencing January 10, 1999.
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.
EXECUTED this the day of 1998.
CITY OF BEAUMONT
By:
Ray A. Riley
City Manager
ATTEST:
By:
City Clerk
BEAUMONT HERITAGE SOCIETY
By:
President
ATTEST:
By: