HomeMy WebLinkAboutRES 17-207RESOLUTION NO. 17-207
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 financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of
$50,000 for FY 2018.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
October, 2017.
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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.
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;
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EXHIBIT "A"
Now, Therefore, the City and the Council agree as follows:
1. The payment of the total amount of Fifty Thousand ($50,000) Dollars by City
to Council will be made from funds as available and as collected from the Hotel
Occupancy Tax. Payments of Four -Thousand One -Hundred Sixty -Seven Dollars
($4,167) will be made monthly for eleven (11) months commencing October 1, 2017,
and one final monthly payment of Four -Thousand One -Hundred Sixty -Three Dollars
($4,163).
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 15, 2018.
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.
EXECUTED this the day of
ATTEST:
By:
City Clerk
ATTEST:
By:
Name:
Title:
2017.
CITY OF BEAUMONT
Kyle Hayes
City Manager
SOUTHEAST TEXAS ARTS COUNCIL
By:
Name:
Title:
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