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1996-020-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 11TH DAY OF SEPTEMBER 1995 RESOLUTION NO. 96-020 WHEREAS, the City Council of the City of Paris did heretofore, on the 11th day of September, 1995, in Resolution No. 95-100, authorize the execution of a contract with the Chamber of Commerce of Lamar County, Inc., to maintain the Visitors & Convention Council for the purpose of managing the Municipal Hotel Occupancy Tax Fund to promote tourism and the convention and hotel industry in the City of Paris; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 2nd day of October, 1995, amend Exhibit A to said Resolution No. 95-100, same being said contract, to consolidate the Visitors and Convention Council operation and the Love Civic Center operation; and, WHEREAS, the terms of the contract are in need of revision, and an Addendum Number One to Contract dated October 2, 1995, in the form attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of Addendum Number One to Contract dated October 2, 1995, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum Number One to Contract dated October 2, 1995, upon the terms and conditions and in the form shown in Exhibit, A attached hereto. PASSED AND AOOPfED thi. lIfu "'y of M=h~ Eric S. Clifford, Mayor -::..- ATTEST: ~\.~\'\.~~~\w1~) Mattie Cunningham, City Clerk J~ T. K. Haynes, City Attorney ADDENDUM NUMBER ONE TO CONTRACT DATED OCTOBER 2,1995, BETWEEN THE CITY OF PARIS, PARIS, TEXAS AND THE CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR That this Addendum Number One to Contract dated October 2, 1995, between the City of Paris, Paris, Texas and the Chamber of Commerce of Lamar County, Inc. is made this 11th day of March, 1996, by and between the CITY OF PARIS, PARIS, TEXAS, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC., acting by and through its President, Marshall K. Dougherty, duly authorized, hereinafter called CHAMBER. WITNESSETH It is hereby mutually agreed by and between CITY and CHAMBER that paragraph number 2 be amended to read as follows: "2. That CHAMBER shall submit for approval a proposed annual program of work and budget for the Visitors and Convention Council which shall include dedicating three-sevenths (317) of the total hotel/motel tax revenue received by CHAMBER to a convention capital fund to be used for improving, enlarging, equipping, repairing, operating or maintaining the Love Civic Center, to the City Council of the City of Paris each year, on or before April 1, and shall submit for approval any proposed amendment to said program of work a minimum of thirty (30) days before the proposed effective date of such amendment. If the budget for this or any subsequent year is insufficient to fund the operation, maintenance or major repair fund for the Love Civic Center, then tXHIBJT A the budget for the following year for such purpose shall be increased to at least equal to the known shortfall so experienced. "Approval by the City Council of the City of Paris of the annual budget creates a fiduciary duty in CHAMBER with respect to the revenue provided by the Municipal Hotel Occupancy Tax. " EXECUTED on the 11th day of March, 1996. CITY OF PARIS, PARIS, TEXAS, By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CHAMBER OF COMMERCE LAMAR COUNTY, INC. By: Marshall K. Dougherty, President ATTEST: Sims Norment, Secretary STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared ERIC S. CLIFFORD, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of March, 1996. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared MARSHALL K. DOUGHERTY, President, Chamber of Commerce of Lamar County, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of March, 1996. Notary Public, State of Texas