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1984-008 - Hotel ocupancy tax fundsRESOLUTION NO. 84 -008 WHEREAS, The City Council of the City of Paris did heretofore in Resolution No. 1993 authorize the contracting with the Chamber of Commerce of Lamar County, Inc. to use hotel occupancy tax funds for promoting and advertising the City of Paris, which contract expired on the 31st day of December 1983 and was extended by Adendum through February 29, 1984; and, WHEREAS, the City Council is pleased with the accom- plishments through the use of the hotel occupancy funds and is desirous of renewing the contractual arrangement with the Chamber of Commerce of Lamar County, Inc., for a term of three (3) years and seven (7) months, beginning March 1, 1984 and ending September 31, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Joe Graham, be, and he is hereby authorized to execute on behalf of the City of Paris, a 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 adopted this 13th day of February, 1984. C p-� A"A232 J e Graham, Mayor ATTEST: H. G—. Grfedne, City Clerk APPROVED AS TO FORM: i K, ayn s, City Attorney /1l117TT A 11T STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COU14TY OF LAMAR § That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, duly author- ized, hereinafter called City, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC., a corporation, acting by and through its President, duly authorized, hereinafter called Chamber, in consideration of the mutual covenants, agreements, stipulations and payments, hereby contract and agree as follows: 1. That Chamber agrees to maintain a visitors and convention council for the purpose of promoting and ad- vertising the City of Paris and in developing an annual program of work. 2. That Chamber shall submit for approval a proposed annual program of work and budget for the same which shall include four payments annually, being $6,250.00 each and payable on the fifteenth day of October, January, April and July, respectively for a total annual payments of $25,000.00 and such payments shall be made for the fiscal years beginning October 1, 1984, 1985 and 1986, such payments to be paid to Chamber as part of the total purchase price of $100,000.00, $25,000.00 of which Chamber acknowledged receipt of for a three - tenths (3/10) undivided interest conveyed to City of Paris in the property located at 1651 Clarksville Street, Paris, Lamar County, Texas, and a contribution to Chamber in an amount which has been determined to be that portion of the Chamber effort dedicated to the purposes permitted under Section 28 -12 of the Code of Ordinances of the City of Paris to a committee composed of the Mayor of the City of Paris, one City Councilman and the City Manager each year on or before August 1, which program of work shall include proposed expenditures of funds provided under this contract, and shall submit for approval to said committee any proposed amendment to said program of work a minimum of thirty (30) days before the proposed effective date of such amendment. 3. That the 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 liability on behalf of City. 5. That Chamber agrees to hold City harmless from any and all claims by third parties for injuries, damages or liability 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 the City under Article III of Chapter 28, Code of Ordinances of the City of Paris, pursuant to the approved program of work. The City shall retain 5% of the quarterly collections under Article III of Chapter 28, 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 5 %. City shall pay over tax funds collected to Chamber within ten (10) days after the collection thereof as provided in I r-77 ' { 1 'Ti lA 4y . 7, .11 r 6; ::4[' IA " 14 1 n 4m +n ln: Section 28 -14 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 28 -12 of the Code of Ordinances of the City of Paris. Chamber agrees to furnish an audit to City showing the manner and amount of expenditure of these funds within a reasonable period of time after the close of the Chamber's fiscal year. 9. That Chamber will at the same time of presentation of the above described audit provide a report of its activ- ities 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 and advertise the City of Paris. 11. That the term of this contract shall be for a term of three (3) years and seven (7) months, beginning March 1, 1984 and ending September 30, 1987. Executed on the dates shown in the acknowledgements below. CITY OF PARIS f. `�j.l�► .� i Ak ATTEST: Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. By: Willie D. Ausmus President ATTEST: Patrick J. Ryan, Secretary APPROVED AS TO FORM: J. D. McLaughlin, Attorney STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Willie D. Ausmus, 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 �6 day of February, 1984. Notary Public, State of Texas My commission expires: STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Joe Graham, 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 consid- eration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of February, 1984. NotaryVPublic, State ot Texas My commission expires:e -P�