HomeMy WebLinkAboutRES 04-229 RESOLUTION NO. 04-229
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 Texas Energy Museum and the City of Beaumont in the amount of$80,000.
The agreement is substantially in the form attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
September, 2004. ���,
r'UMOA I
Z - ayor Evelyn M. Lord -
b. i
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Texas Energy Museum, herein called "TEM", is as follows:
WITNESSETH:
WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq.,authorizes the Cityto 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, for
projects that directly enhance and promote tourism and 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 TEM.
NOW, THEREFORE, the City and TEM agree as follows:
1. City agrees to pay to TEM the amount of Eighty-Thousand Dollars ($80,000).
The payment provided for herein will be made quarterly in the amount of Twenty-
Thousand Dollars ($20,000) per quarter commencing October 1, 2004 from funds as
available and collected from the hotel occupancy tax.
EXHIBIT "A"
G:\CGWGREEMEN\TX ENGERGY MU FY 05.wpd
Any funds not expended by TEM will be retained by TEM 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 TEM is an independent contractor and is not an officer, agent or employee
of the City.
4. In return for the payments provided for herein, TEM agrees to operate for the
period October 1, 2004 to September 30, 2005.
5. The TEM shall submit quarterly reports in the format provided by the City
reflecting the activities of TEM as they relate to this contract. The TEM shall submit such
reports quarterly commencing January 20, 2005.
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 TEM.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the TEM 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 such a seminar be held
during the term of this contract, a representative of TEM will attend the seminar designed
to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with
the Act.
G:\CGWGREEMEMTX ENGERGY MU FY 05.wpd
9. TEM 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 TEM, its officers, agents and employees, including the officers, agents, and
employees involved in TEM 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 30th day of September, 2004.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
TEXAS ENERGY MUSEUM, INC.
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
G:\CG\AGREEMEN\TX ENGERGY MU FY 05.wpd