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HomeMy WebLinkAboutRES 83-354 83� 35" R E S O L U T I O N WHEREAS, pursuant to TEX.REV.CIV.STAT.ANN. art. 1269]-4 .1 , as amended, ( the "Act" ) the City of Beaumont levies and collects a tax equal to seven percent of the consideration paid by occupants of sleeping rooms furnished by hotels and motels within the City ( the "tax") ; and, WHEREAS, Section 3c . ( a) of the Act provides that the revenue derived from the tax may be used only for the following purposes: " ( 1 ) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities including, but not limited to, civic center convention buildings , auditoriums, coliseums, civic theaters, museums, and parking areas or facilities for the parking or storage of motor vehicles or other conveyances located at or in the immediate vicinity of the convention center facilities; ( 2 ) the furnishing of facilities, personnel and materials for the registration of convention delegates or registrants; (3 ) for advertising 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; (4 ) the encouragement, promotion, improvement, and application of the arts, including music ( instrumental and vocal) , dance, drama, folk art, creative, writing , architecture, design and allied fields , painting, sculpture, photography, graphic and craft arts, motion pictures, television, radio, tape and sound recording , and the arts related to the presentation, performance, execution, and exhibition of these major art forms ; (5 ) historical preservation and restoration projects or activities at or in the immediate vicinity of convention center facilities or historical preservation and restoration projects or activities located elsewhere in the city that would be frequented by tourists and visitors to the city" ; and, WHEREAS, the Act further provides that " [A] ny revenues from a tax in excess of four percent of the consideration paid by an occupant of the sleeping room to the hotel may only be used for the purposes specified in Subdivisions ( 1 ) , ( 2 ) , and (3 ) of Subsection (a) of Section 3c. No more than one percent of the consideration paid by an occupant of the sleeping room to the hotel may be used for the purposes specified in Subdivision (4 ) of Subsection ( a) of Section 3c ." ; and, WHEREAS, the Act further provides that "any city which levies and collects a tax in excess of three percent shall reserve a portion of the tax revenues equal to at least one percent of the cost of the occupancy of hotel rooms for the purpose of advertising and conducting solicitation programs to acquaint potential users with public meeting and convention facilities, and for promotion of tourism and advertising of the city and its vicinity either by the city or through contract with persons or organizations selected by the city" ; and, 2 - ,��3-3S WHEREAS, the City of Beaumont has historically used the revenues derived from the tax for general and tourist advertising of the City and its vicinity and conducting a solicitation and operating program to attract convention and visitors to the City, for the encouragement and the promotion of the arts, and for the operation and maintenance of convention center facilities, including the civic center, the Julie Rogers Theatre, and other buildings, auditoriums , coliseums , and museums; and, WHEREAS, the City has contracted with the South East Texas Arts Council to manage the funds allocated from the tax for the promotion and encouragement of the arts; and, WHEREAS, the City has contracted with the Beaumont Chamber of Commerce to operate a convention and visitors Bureau to advertise and promote tourism and conventions for the City and to fund various museums which attract visitors to the City; and, WHEREAS, the City Council desires to approve an agreement with the Beaumont Chamber of Commerce for operation of the Convention and Visitors Bureau for the year begining October 1 , 1983, and ending September 30, 1984 ; and, WHEREAS, the City Council desires to approve agreements with the South East Texas Arts Council and three ( 3 ) museums for the promotion and encouragement of the arts and museum operations for the year begining October 1 , 1983, and ending September 30, 1984 ; and, WHEREAS, the City Council desires, by this resolution, to establish guidelines to be followed by the City and the organizations benefiting from the tax revenues in developing their programs to be funded from said revenues in future years; 3 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 . That the City Manager be, and he is hereby authorized to execute an agreement with the Beaumont Chamber of Commerce, substantially in the form attached hereto as Exhibit "A" , for operation of a convention and visitors bureau for the year beginning October 1 , 1983, and ending September 30, 1984. Section 2 . That the City Manager be, and he is hereby , authorized to execute an agreement with the South East Texas Arts Council to promote and encourage the arts during the year begining October 1 , 1983, and ending September 30, 1984 with funds to be provided from the tax in the total amount of $100,000. Section 3 . That the City Manager be, and he is hereby , authorized to execute agreements with the sponsoring organizations of the Gladys City Museum, the John J . French Trading Post, and the Babe Zaharias Memorial Museum for operations during the year beginning October 1 , 1983, and ending September 30, 1984 with funds to be provided from the tax in the total amount of $25,000. Section 4 . That the City Council hereby expresses its intent to allocate estimated revenues from the tax to be collected during the City' s fiscal year beginning October 1 , 1984, in the following manner subject to evidence produced by the recipients that satisfies the - 4 - City Council that the proposed programs are cost effective, and that the recipients are accountable to the City for the use of the funds and the results of the programs funded: 1 . To the South East Texas Arts Council and to three ( 3 ) museums for the promotion and encouragement of the arts and the operation of the Gladys City Museum, the John J . French Trading Post, and the Babe Zaharias Memorial Museum, a sum equal to one-seventh (1/7th) of the tax collected, subject to approval by the City Council of proposed expenditures to be made by the South East Texas Arts Council for such purposes; 2 . To the Chamber of Commerce for the operation of a convention and visitors bureau to promote tourism and conventions within the City a sum equal to three-sevenths ( 3/7ths) of the tax collected, subject to approval by the City Council of a budget of expenditures by the Chamber of Commerce for such purpose; and, 3 . To the City of Beaumont an amount equal to three-sevenths (3/7ths) of the tax collected to be used for the operation of the City' s civic center facilities. Section 5 . That the South East Texas Arts Council, the three museums, and the Beaumont Chamber of Commerce shall submit to the City Manager of the City of Beaumont proposed budgets for their activities funded from revenues derived from the tax during the year beginning October 1 , 1984, on or before the 1st day of May , 1984 ; provided that the City Manager shall have presented to them a .forecast of 1984-1985 revenues on or before the 1st day of April, 1984. 5 - Section 6 . THAT The City Council further expresses its intention that revenues derived from the tax during the year begining October 1 , 1983, to the extent that those revenues exceed the estimated revenues, shall be allocated among the recipients in the same proportionate shares as provided in Section 4 of this resolution. PASSED BY CITY COUNCIL of the City of Beaumont this the day of � -1L 1983. Mayor - 6 - THE STATE OF TEXAS COUNTY OF JEFFERSON § THIS AGREEMENT, executed in duplicate, is made and entered into by and between the City of Beaumont, Texas, a municipal corporation, hereinafter called "City" , acting herein by and through its dulyauthorized City Manager, and the Beaumont Chamber of Commerce, a nonprofit corporation, hereinafter called "Chamber" , acting herein by and through its duly authorized representative. WHEREAS, the City Council of the City of Beaumont has enacted an ordinance levying a tax of seven percent ( 7%) upon hotel and motel occupancy within the City; and, WHEREAS, the City of Beaumont desires that a portion of the proceeds derived from said hotel and motel occupancy tax as available as set out herein, be used for the promotion, solicitation, encouragement and development of tourism and conventions for the City of Beaumont; NOW, THEREFORE, in consideration of the premises herein, the City and the Chamber hereby agree as follows: 1 . City does hereby employ , engage and hire Chamber to manage and operate a Convention and Visitors Bureau and to render the services herein contemplated, and the Chamber does hereby agree to accept such hiring, engagement, and employment and to discharge such duties in accordance with the terms and conditions herein set forth. EkriIt3I1' '!All 2 . The Chamber is hired and engaged as an independent contractor and is not an agent of the City. 3 . The Convention and Visitors Bureau, to be managed and operated by the Chamber, shall encourage, promote and solicit tourism and conventions for the City of Beaumont. 4 . To assist the Convention and Visitors Bureau in encouraging, promoting and soliciting tourism and conventions for the City of Beaumont, the Chamber shall appoint annually an advisory Board of Convention and Tourism Activities composed of at least six (6 ) members, three (3 ) of whom must be engaged in the hotel-motel, food or hospitality industry , one ( 1 ) of whom must be an elected official of the City of Beaumont, and one ( 1 ) of whom must be the City Manager of the City of Beaumont or his designee. The Board of the Convention and Tourism Activities shall perform, among others, the following functions: A. It shall encourage and promote the development of tourism and conventions in the City of Beaumont. B . It shall recommend to the Chamber projects and programs to promote, encourage and solicit tourism and conventions for the City of Beaumont. 2 - C . It shall advise and assist the Chamber in the preparation of the proposed annual budget of the Convention and Visitors Bureau for the fiscal year beginning October 1 , 1984, but the budget shall be the sole responsibility of the Chamber and shall be submitted to the City Manager on or before May 1 , 1984 . 5 . The Chamber shall hire and employ a manager of the Convention and Visitors Bureau. Said Manager shall be a full-time employee of the Chamber and shall devote his time to the promotion and solicitation of tourism and conventions for the City of Beaumont. The Chamber shall provide such office space, equipment and secretarial assistance as may be necessary for the operation of the Convention and Visitors Bureau. 6 . The city will pay to the Chamber the sum of $411 ,000 for the fiscal year beginning October 1 , 1983, and ending September 30, 1984. All payments herein are to be made from funds as available and as collected from the hotel occupancy tax. The City Manager and the President of the Chamber shall meet not less often than quarterly to review the Bureau' s programs and the status of revenues available from the occupancy tax. 7 . The City shall pay to the Chamber only the amount actually expended in furtherance of the activities of the Convention and 3 - 4 Visitors Bureau as approved herein. Expenditures made for other purposes will not be reimbursed. 8 . No expenditure may be made by the Convention and Visitors Bureau or by its manager or employees unless such expenditure shall first be approved by the President of the Chamber. 9 . The City Manager, or his designated representative, shall, upon reasonable notice, have the right to inspect all books and records of the Convention and Visitors Bureau. Chamber shall furnish to City on an annual basis a certified audit of the activities of the Convention and Visitors Bureau prepared by an independent certified public accountant. 10. It is expressly understood and agreed by the City and the Chamber that all funds received from the hotel-motel occupancy tax that are paid to the Chamber shall be used solely for the purpose of encouraging, promoting and soliciting conventions and tourism for the City of Beaumont. 11. 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. 12. Upon termination of this agreement, unless it be renewed, the Chamber shall deliver to the Cityall funds derived from the hotel- - 4 - &F3 a 6 e motel occupancy tax that it may have and all removable personal property that may have been purchased with funds derived from said tax. 13. The Chamber 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 the Chamber, its officers, agents and employees including the Convention and Visitors Bureau and its officer, agents, and employees, carried out in furtherance of this agreement and specifically including any and all acts of negligence by the City of Beaumont, its agents, officers and employees. Chamber shall carry or cause to be carried general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of $500,000 for each occurrence, and property damage liability insurance in the amount of $25,000 for each occurrence. The Chamber shall also procure contractual liability insurance in the same amounts, the cost of said insurance policies to be an expense of the Convention and Visitors Bureau. Said policies of insurance must be approved by the City and must be written by companies acceptable to the City. Said insurance policies shall name the City of Beaumont as an additional insured. Said policies or duplicate originals thereof must be filed with the City Clerk , or his designated representative before any operations contemplated by this agreement are begun. EXECUTED in duplicate originals this the day of 19 5 - ' L CITY OF BEAUMONT By - City anager - "CITY" ATTEST: By - City Clerk - BEAUMONT CHAMBER OF COMMERCE By - President - "CHAMBER" AT'T'EST: By - 6 -