1995-100-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 12TH DAY OF MARCH 1990
RESOLUTION NO. 95-100
WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of
March, 1990, in Resolution No. 90-026, 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, which contract will expire on the 30th day
of September, 1995; and,
WHEREAS, the City Council is pleased with the accomplishments through the
administration of the Visitors & Convention Council and is desirous of renewing the contractual
arrangement with the Chamber of Commerce of Lamar County, Inc., for a term of five (5)
years, beginning October I, 1995, and ending September 30, 2000; and,
WHEREAS, the form of said contract, 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 the contract with the Chamber of Commerce of Lamar County, Inc. for maintaining the
Visitors and Convention Council, attached hereto as Exhibit A, 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, the
contract with the Chamber of Commerce of Lamar County, Inc., upon the terms and conditions
and in the form shown in Exhibit, A attached hereto.
PASSED AND AIlOPI'ED thi, l1th...y of SopIem~
Eric S. Cli r,
ATTEST:
.\
Mattie Cunningham, City Clerk
Attorney
CONTRACT
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and
through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and the
CHAMBER OF COMMERCE OF LAMAR COUNTY, INC., a corporation, acting by and
through its President, William D. Vaughan, duly authorized, hereinafter called CHAMBER, in
consideration of the mutual covenants, agreements, stipulations and payments, do hereby contract
and agree as follows:
I. That CHAMBER agrees to maintain a Visitors and 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.
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
(3I7ths) of the total budget 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 I, 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.
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.
EXHIBU A
3. That CHAMBER's established Visitors and Convention Council shall meet at least
quarterly and, within thirty (30) days after the end of each quarter, shall submit minutes of the
Visitors and Convention Council meeting and a financial report to the City Manager of the City
of Paris.
4. That CHAMBER shall be considered an independent contractor for the purpose of
this contract and shall, in no manner, incur expenses or liabilities on behalf of CITY.
5. That CHAMBER agrees to hold CITY harmless from any and all claims by third
parties for injuries, damages or liabilities that might occur as a result of actions by CHAMBER
in connection with this contract.
6. That CHAMBER shall receive and deposit all funds provided herein in a separate
banking account in such a manner as to preclude co-mingling of these funds with other funds
of said CHAMBER.
7. That, in order to provide funds necessary to carry out the promotion and advertising
of the City of Paris, CHAMBER shall be paid from money collected by CITY under Article III
of Chapter 3D, Code of Ordinances of the City of Paris, pursuant to the approved program of
work.
That CITY shall retain five percent (5 %) of the quarterly collections under Article III of
Chapter 30, Code of Ordinances of the City of Paris, to cover the costs of collection of said tax,
provided, however, that the amount for collection of said tax may be changed by the City
Council upon a showing that the actual cost of said collection is more than five percent (5 % ).
CITY shall pay over tax funds collected to CHAMBER within ten (10) days after the collection
thereof as provided in Section 30-40 of the Code of Ordinances of the City of Paris.
8. That money paid to CHAMBER as a result of this contract shall be used only for the
purposes enumerated in Section 30-38 of the Code of Ordinances of the City of Paris.
CHAMBER agrees to make periodic reports to the City Council at least quarterly, listing the
expenditures made with revenue from the Municipal Hotel Occupancy Tax Fund.
9. That CHAMBER will, at the same time of presentation of !he above described
quarterly reports, provide a report of its activities with regard to the use of the funds herein
provided for in order that CITY may evaluate the results of the promotion and advertising
campaign so conducted.
10. That CHAMBER may secure and pay for, out of funds herein provided, the services
of individuals or corporations to promote tourism and the convention and hotel industry in the
City of Paris.
II. That the term of this contract shall be for a term of five (5) years beginning October
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1, 1995, and ending September 30, 2000. Parties must inform each other during the month of
March, 2000, as to their intentions to renegotiate an agreement for !he administration of the
Visitors & Convention Council.
Executed on the dates shown in the acknowledgements below.
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:
William D. Vaughan, President
A TIEST:
George Struve, Secretary
STATE OF TEXAS )
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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.
1995.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of September,
Notary Public, State of Texas
STATE OF TEXAS )
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COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM
D. VAUGHAN, 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.
1995.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of September,
Notary Public, State of Texas