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Home My WebLink AboutRES 22-241RESOLUTION N0.22-241 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, the contract is substantially in the form attached hereto as Exhibit "A," between the Spindletop Gladys City Boomtown Museum and the City of Beaumont in the amount of $10,000.00 for FY 2023. 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 11th day of STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Spindletop Gladys City Boomtown 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 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 the Museum to stimulate tourism, convention and hotel activity with the Christmas in Boomtown: City of Lights project. EXHIBIT "A" Page 1 NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Ten Thousand ($10,000) Dollars. The payment provided for herein will be made quarterly in the amount of Two Thousand Five Hundred Dollars ($2,500) per quarter commencing October 1, 2022, 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, 2022 to September 30, 2023. 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, 2023. 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 Museum agrees to indemnify, hold harmless and defend, at its own expense, the City 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 Museum, its officers, agents and employees and specifically including herein any and all acts of negligence by the City, its agents, officers or employees, carried out under the terms of this agreement. Page 3 EXECUTED this the day of , 2022. CITY OF BEAUMONT In Kenneth R. Williams City Manager ATTEST: By: Tina Broussard City Cleric SPINDLETOP GLADYS CITY BOOMTOWN MUSEUM By: Name: Title: ATTEST: By: Name: Title: Page 4 ""'TATE OF TEXAS COUNTY OF JEFFERSON A G R E E M E N T in This agreement between the City of Beaumont, 'a municipal corporation, here' called "City,"", and the Spindlietop. Gladys City Boomtown Museum, herein called WHEREAS V.T.C.A,., Tax Code Section 351.001 et.seq., authorizes the City tt, levy by ordinance, a hotel tax which. may not exceed seven percent (7%) of the consideration paid by a hotel occupantF and' I WHEREAS V.T,.C.A:. Tax Colde Section 351.1011 (a)(5, authorizes the City to use a portion of the revenues derlived from its hoteli occupancy tax "for hist,orica,__ restoration and. preservation projects or activities or advertising and condulefint solicitation and promotional programs tio encou'rage touris,ts, and convention delegates to visit preserved historic sites or museums at or 'in the immediate vity of convention 1I !lP!!II11pI liql frequented, by tourists;. and, ifor projects that directly enhance and SIN tourism an,!I WH EREAS, under the, authority of V.,T. C.A., Tax Code Section 35 1.101 (a)(5), the, Nity desires to provide financial asslstanceto the Museum to stimulate tourism, convention and, hotel activitywith the Christmas in Boomtown., City of Lights project. Am 1 City ar1rees to pay, to Museum 'the amount of Ten Thousand �j Sollars. The payment provided for herein will be maide quarterly in the amount of Tw(5 Thousand Five Hundred Dollars ($2,500) per quarter cornmencing October 11, 2,022,, Any funds not expended by Museum will, be retained by Museum to be �2. All expenditure of funds shall be reasonably related to th tstablished by V.T.C.A. Tax Code Section 3. The MJuseum is an independlent, contractor and 'is not, an officer', agent or, 4., In, return, for the; payments provided for herein) Museum agrees to operate for IN lI III III I!I �� I III III P I &IMC IIIIII��21111111 3W �I! �I II'll, 111 q I I III I 6. The City Manager of City or his designated representative shall, upon is TI.MWI 0 11 1 TPOT61 In n mo Fffm To ME 17m, & 9M Upon termination of this, agreement or any extension thereloit, unless 'it be renewed, the Museum shall deliver to the City all funds paid, under this, contract thiat it q q 111111 03=. an i 8., Funding under this contract will require that should a serrilinar be held during the term of this contract desligneld to assure that expenditures, of Hotel Occupancy 'Tax RaToMETN"nRi 9. Tihe Museum agrees to indemnify,, I hold harmless and defend at its, own expense,, the City ;and 'its officers,, agents,, servants and eim l yees,l from and againSL any and all claims, causes olfaction and damages of every kind arising out of or, in conjunction, with the exe tion I performanceiji attempted performance or nonperformance of this contract or from the operations and actions of the Museum, its negligence by the City, its agents, officers, or employees,, carried out under the terms of' 01M EXECUTED this, the a 20,22. Bylp Kenneth R. Williams City ager ATTEST I. A By: k1% Tina Broussard City Clerk Title: