HomeMy WebLinkAboutRES 22-240RESOLUTION NO.22-240
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 Downtown Beaumont Cultural Arts District (DBCAD) and the
City of Beaumont in the amount of $30,000.00 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
October, 2022.
- Mayor Robin Mouton -
EXHIBIT "A"
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Downtown Beaumont Cultural Arts District, herein called
"DBCAD", 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)(4), authorizes the City to
use a portion of the revenues 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 promote convention activities.
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(4), the
City desires to provide financial assistance to DBCAD.
NOW, THEREFORE, the City and DBCAD agree as follows:
1. City agrees to pay to DBCAD the amount of Thirty Thousand ($30,000)
Dollars. The payment provided for herein will be made quarterly in the amount of
Seventy -Five Hundred ($7,500) Dollars per quarter commencing October 1, 2022 from
funds as available and collected from the hotel occupancy tax.
Any funds not expended by DBCAD will be retained by DBCAD 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)(4).
3. The DBCAD is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, DBCAD agrees to operate for
the period October 1, 2022 to September 30, 2023,
5. The DBCAD shall submit quarterly reports in the format provided by the City
reflecting the activities of DBCAD as they relate to this contract. The DBCAD 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 DBCAD.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the DBCAD 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 DBCAD will attend the
seminar.
9. DBCAD 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 DBCAD, its officers, agents and employees, including the
officers, agents, and employees involved in DBCAD 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 12022.
ATTEST:
IN
Tina Broussard
City Clerk
ATTEST:
in
Name:
Title:
CITY OF BEAUMONT
go
Kenneth R. Williams
City Manager
Downtown Beaumont Cultural Arts District
in
Name:
Title:
STATE OF TEXAS q.0
COUNTY OF JEFFERSON
This agreement between the City of Beaumont, a municipa] corporation, hereil
called "City", and the Downtown Beaumont Cultural A irts District, herein ca,lled
W ITN E S S, ET H:
WHEREAS VT.C.A., , Tax Code Section 3,51 .001 et.seq. authorizes the City to,
levy by ordinance, a hotel tax which m�ay not exceed seven percent (7%)1 of the
and
consideration paid by a hotel, occupant,
WHEREAS, V.T.C.A. Tax Code Section 351 .101 (a)(4), authorizes the City to
use a portion of the revenues derived from its hotel occupancy tax for thi
encouragement, promotion I ,, improvement and application of the arts, incluidin,
instrumental. and vocal musilc,, dance,, drama,,: folkcreative writing, architecture,
1
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pictures, radillo, television, tape and sound recording, and other arts related, to the
presentation, performance,' execution and exhibition ofthese major art forms; and, for
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WHEREAS, under, the authority of V.T.C.A. Tax Code Section 351. 101 (a)(4), the
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1. City agBCAD the amount, of Thirty Thousand ($301,000)
Dollars. The payment provided for herein will be made quarterly in the amount of
Any funds not expended by DBCAD will be retained by �DBCAD to, b4
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 35 1. `10 1 (a)(4).
DiBCAD is an independent contractor and 'is not an officer, agent or
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,4. In return for the payments provided for herein, DBCAD agrees, to operate for
the period Octolber 1, 2022 to September 3,0,, 2023;
5. 'The DBCAD shall submit, quarterly reports 'in the format provided by the City
reflecting the activitles, of DBCAD as they relate to this contract. The DBCAD shall
submit such reports quarterly commencing January 15,,,202,3.
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 D,BCAD,.
7. Upon termination of this, agreement or any extension thereof, unless it be
renewed, the DBCAD shall deliver to the City all funds paid under this contract that 12
removable personal property that may have been purchased with
,iiay have and all
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-Funding under this contract will require that should a serninar be held during
the 'term of this contract designeld to assure that expenditures AIM Hotel Occupancy Tax
compliance with the Act, a representative of IDBCAD will attend the
funds are made il
MMTM-W1
�j UBCAD agrees to Inderrinlify, save harmless, and defend the, City of
Beaumont from any and all claims, causes of action and damages of every kind arisint
from the operations of' DBCAD, its officers, agents and' employees, including, th
oifficers, agents,, and employees 'Involved in DIBCAD operation and specifically includini,,
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 '12022.
FA MYSU :a1f
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By:
Kenneth R. Williams
City Manager
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Name: Z�
Title.-
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STATE OF TEXAS §i
COUNTY OF I JEFFERSON
This agreement between, the City of Beaumont, a municipal coirporation,, herein
called "City", and the Texas Energy Museum, hierelin called "TEM'% is as follows:
W INE S, S E T H,:
WHEREAS, V.T.C.A., Tax Code Sectlio�n 3,51, .0101 elt.seq., , authorlizeis the City to
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use a portion ofthe revenues derived from its hotel occupancy tax for historical
restoration and preservation projects or activities or advertising and conducting,
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'ty of convention
to visit preserved histioric, sites or museums at or in the immediate vicini
FOR
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1. City agrees to pay to TE,M the amount of Ninety-Fivje Thousand ($95,0100)
Dollars. 'The payment provided for herein will be made iquarterly 'in the amount of
Twilenty-ThIree ThIousand, Seiven-Hlundred ($23,750i) Dollars per quiarter commencing
OEM
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2. P-01 expenditure of funds shall be reasonabl, related to, the purposes,
by V.T.C.A. Tax Code, Section 351.101,
31., The TEM is an independent contractor and 'is not an officer, agent, or
41. In return for the paym"ents, provideld for herein, TEM agrees to operate for the
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5. The ITEM shall submIt quarterly reports in the format, provided by the City
reflecting the activities of TEM as they reilate to this, contract., 'The TEM shall submit
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7., Upon termination of this agreement or any extension thereof, unless, it be
renewed, 'the ITEM shall deliver to the City al�l funds, paid under this, contract that, it may
have and all,
I removable personal property that may have been purchased with funds
8. Funding under this contract will require that should a seminar be held durini
the t�erm of this, contract designed to a,ssur�e that, expend"tu'res, of' Hlotel Occupancy Tax
I
pliance A a representative of TEM will attend the
funds, are made in comwith the ct,
9. TE,M 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 fromthe
operatioI'"nts and emeployeeincluding the officers,, agents,
acts of negligence by the City of Beaumont I its agents, officers or employees, c�arried,
out under the terms of thin agreement.,
EXECUTED this the I . day of 66440�1�, 2022.
rAkUt"I
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Name* I M*4
Title-. 10*0
10,00,0 '00
By:
Kenneth R., Williams
City Manager