HomeMy WebLinkAboutRES 18-241RESOLUTION NO. 18-241
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 Texas Energy Museum and the City of Beaumont in the amount of $95,000.00 for
FY 2019.
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 16th day of
October, 2018.
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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 Texas Energy Museum, herein called "TEM", 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, 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 Ninety -Five Thousand ($95,000)
Dollars. The payment provided for herein will be made quarterly in the amount of
Twenty -Three Thousand Seven -Hundred ($23,750) Dollars per quarter commencing
October 1, 2018 from funds as available and collected from the hotel occupancy tax.
EXHIBIT "A"
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, 2018 to September 30, 2019.
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 15, 2019.
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 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 TEM will attend the
seminar.
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 day of )2018.
CITY OF BEAUMONT
in
ATTEST:
By:
City Clerk
Kyle Hayes
City Manager
TEXAS ENERGY MUSEUM, INC.
Name:
Title:
ATTEST:
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