HomeMy WebLinkAboutRES 13-202 RESOLUTION NO.13-202
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,
substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage
Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for
FY 2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
September, 2013 !'! Tf
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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:
VVITN ESSETH:
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 (79/o) 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,
preservation, and tourism in Beaumont:
Page 1
EXHIBIT "A"
NOW, THEREFORE, the City and Museum agree as follows:
1. City agrees to pay to Museum the amount of Forty-Seven Thousand
($47,000) Dollars. The payment provided for herein will be made quarterly in the
amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter
commencing October 1, 2013 from funds as available and collected from the hotel
occupancy tax.
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).
1 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, 2013 to September 30, 2014.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 15, 2014.
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.
Page 2
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.
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 Museum will attend
the seminar.
9. The Beaumont Heritage Society agrees to indemnify, hold harmless and
defend, at its own expense, the City of Beaumont and its officers, agents, servants and
employees, from and against any and all claims, causes of action and damages of
every kind arising out of or in conjunction with the execution, performance, attempted
performance or nonperformance of this contract or from the operations and actions of
the Beaumont Heritage Society/John Jay French Museum, its officers, agents and
employees 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.
Page 3
EXECUTED this the day of _, 2013.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
BEAUMONT HERITAGE SOCIETY
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
Page 4
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,
preservation, and tourism in Beaumont:
Page 1
NOW, THEREFORE, the City and Museum agree as follows:
1. City agrees to pay to Museum the amount of Forty-Seven Thousand
($47,000) Dollars. The payment provided for herein will be made quarterly in the
amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter
commencing October 1, 2013 from funds as available and collected from the hotel
occupancy tax.
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, 2013 to September 30, 2014.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 15, 2014.
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.
Page 2
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.
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 Museum will attend
the seminar.
9. The Beaumont Heritage Society agrees to indemnify, hold harmless and
defend, at its own expense, the City of Beaumont and its officers, agents, servants and
employees, from and against any and all claims, causes of action and damages of
every kind arising out of or in conjunction with the execution, performance, attempted
performance or nonperformance of this contract or from the operations and actions of
the Beaumont Heritage Society/John Jay French Museum, its officers, agents and
employees 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.
Page 3
EXECUTED this the 21 day of 2013.
CITY OF BEAUMOr
By:
Kyle Hayes
City Manager
ATTEST'l
By:
City Clerk
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uj BEAUMONT HERITAGE SOC ETY
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BY:
Name: fA1&241j,0Ac I
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ATTEST:
By:
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Page 4