HomeMy WebLinkAboutRES 06-314 RESOLUTION NO. 06-314
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 in the
amount of$100,000 for FY07. The agreement is substantially in the form attached hereto
as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
October, 2006.
MO, ��t 1
1
- Mayor Guy N. Goodson -
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, for projects that
directly enhance and promote tourism and the convention industry.
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EXHIBIT "A"
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;
Now, Therefore, the City and the Council agree as follows:
1. The payment of the total amount of One-Hundred Thousand ($100,000) Dollars
by City to Council will be made from funds as available and as collected from the Hotel
Occupancy Tax. Payments of Eight-Thousand Three-Hundred and Thirty-Three Dollars
($8,333) will be made monthly commencing October 1, 2006.
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 from the Hotel Occupancy Tax 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 submit quarterly reports in the format provided by the City
reflecting the activities of the Council as they relate to this contract. The Council shall
submit such reports quarterly commencing January 19, 2007.
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.
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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.
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 Council will attend the
seminar.
9. Council 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 Council, its officers, agents and employees, including the officers, agents,
and employees involved in museum 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.
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EXECUTED this the day of , 2006.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
SOUTHEAST TEXAS ARTS COUNCIL
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
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