The URL can be used to link to this page

Home My WebLink AboutRES 05-232 RESOLUTION NO. 05-232 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 Jefferson Theater Preservation Society and the City of Beaumont in the amount of$35,000. The agreement is substantially in the form attached hereto as Exhibit 11A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of November, 2005. o a f Mayor Guy N. Goodson - 2i ,to#to 'tee ka�� STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Jefferson Theatre Preservation Society, herein called "Society", 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," 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, preservation, and tourism in Beaumont: SAAGENDA\CITY CLERK\JEFFTHEATRE FY 06.wpd Page 1 of 3 NOW, THEREFORE, the City and Society agree as follows: 1. City agrees to pay to Society the amount of Thirty-Five Thousand ($35,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eight- Thousand Seven-Hundred Fifty($8,750)Dollars per quarter commencing October 1,2005 from funds as available and collected from the hotel occupancy tax. 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, 2005 to September 30, 2006. 5. The Society shall submit quarterly reports in the format provided by the City reflecting the activities of the Society as they relate to this contract. The Society shall submit such reports quarterly commencing January 20, 2006. 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. SAAGENDA\CITY CLERK\JEFFTHEATRE FY 06.wpd Page 2 of 3 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Society will attend the seminar. EXECUTED this the day of , 2005. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk JEFFERSON THEATRE PRESERVATION SOCIETY By: Name: Title: ATTEST: By: Name: Title: SAAGENDA\CITY CLERK\JEFFTHEATRE FY 06.wpd Page 3 of 3 STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Jefferson Theatre Preservation Society, herein called"Society", 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," 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, preservation, and tourism in Beaumont: GAMAGREEMENWEFFTHEATRE FY 06.wpd Page 1 of 3 NOW, THEREFORE, the City and Society agree as follows: 1. City agrees to pay to Society the amount of Twenty-Thousand($20,000) Dollars. The payment provided for herein will be made quarterly in the amount of Five-Thousand ($5,000) Dollars per quarter commencing October 1, 2005 from funds as available and collected from the hotel occupancy tax. 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, 2005 to September 30, 2006. 5. The Society shall submit quarterly reports in the format provided by the City reflecting the activities of the Society as they relate to this contract. The Society shall submit such reports quarterly commencing January 20, 2006. 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. GAMAGREEMENWEFFTHEATRE FY 06.wpd Page 2 of 3 ' 4 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Society will attend the seminar. EXECUTED this the 6�` day of 7`�•�••� , 2 0 09r fi CITY OF BEAUMONT By: /., / Lo. Kyle Hayes City Manager ATTEST: By: —Rz .qn�vA-C Clerk JEFFERSON THEATRE ervti,• `' `��j PRESERVATION SOCIETY o w B Y: x - uNn Nam ATTEST: Sir Title: � 4, f JJ By: l Name: C-axo ( t ,)t jt3 Title: Fii�rc ] ri,—j4c \\ GACMAGREEMENWEFFTHEATRE FY 06.wpd Page 3 of 3