2005-148-RES CONTRACT WITH CHAMBER OF COMMERCE TO MAINTAIN THE VISITORS & CONVENTION COUNCIL FOR MANAGING MUNICIPAL HOTEL OCCUPANCY TAX FUND
RESOLUTION NO. 2005-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING THE 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; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of
November, 2000, in Resolution No. 2000-151, 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 expires on the 30th day of
September, 2005; 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. on revised terms and conditions
as stated in said revised contract; and,
WHEREAS, the form of said revised contract, attached hereto as Exhibit A, should, in all
things, be approved, and the Mayor should be authorized to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. 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.
Section 3. That the Mayor 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.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 12th day of December, 2005.
1
ATTEST:
APPROVED AS TO FORM:
.~ ,LV, ~~;i~
D. Lestock, Assistant City Attorney
CONTRACT
STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS:
Recitals
WHEREAS, Chapter 351 of the Texas Tax Code authorizes municipalities to impose taxes
upon use or possession of a hotel room as provided in said Chapter 351; and,
WHEREAS, as provided in Article 3, Section 30-38 et seq. of the Code of Ordinances of
the City of Paris, the City of Paris has, pursuant to the aforesaid Chapter 351 of the Texas Tax Code,
imposed a hotel tax as authorized by state law; and,
WHEREAS, pursuant to said Chapter 351 and Section 30-38 of the Code of Ordinances of
the City of Paris, the City desires to contract with the Chamber of Commerce of Lamar County, Inc.,
to maintain a Visitors and Convention Council for the purpose of managing the municipal hotel
occupancy tax fund as set out in this agreement;
WIT N E SSE T H:
For and in consideration of these premises, the CITY OF PARIS, PARIS, TEXAS, a
municipal corporation, acting by and through its Mayor, Curtis Fendley, duly authorized, hereinafter
called CITY, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC., a corporation,
acting by and through its President, Gary Vest, duly authorized, hereinafter called CHAMBER, in
consideration of the mutual covenants, agreements, stipulations, and payments, do hereby contract
and agree as follows:
1. 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, and for the purpose of operating the Love Civic Center.
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 (3/7)
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 July 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.
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EXHIBIT A.
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.
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 30, 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, for the purposes of funding special purpose
grants to enhance tourism as determined by the City Council in accordance with Chapter 351 of the
Texas Tax Code. CITY shall pay over the remainder of tax funds collected to CHAMBER within
thirty (30) days after the end of the collection period 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. As part of
those purposes, and pursuantto the provisions of Section 30-38 (4) of the Code of Ordinances ofthe
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City of Paris, the CHAMBER shall, during the term of this agreement, including any extensions
thereof, fund the City of Paris Municipal Band in an amount of no less than $10,000 per annum.
9. That 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.
10. That CHAMBER will, at the same time of presentation of the 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.
11. 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.
12. That CHAMBER will provide to the CITY six (6) free uses of the Civic Center facility
for use by the CITY for CITY related functions.
13. That CHAMBER agrees to perform the services provided hereunder in full conformance
with the provisions of the Code of Ordinances of the City of Paris, including specifically Article III
of Chapter 30 of said Code, and in full conformance with the requirements of Chapter 351 of the
Texas Tax Code. That CHAMBER further agrees that any and all meetings conducted by the
Visitors and Convention Councilor otherwise to administer and disperse funds as grants for support
of the arts shall be conducted in public in conformance with the Texas Open Meetings Law, Chapter
551 et seq.
14. That the term of this contract shall begin October 1,2005, and shall end September 30,
2006, provided that said contract shall be automatically extended for four (4) additional one-year
terms, ending September 30,20 I O. Either party to this contract may provide notice to the other party
of intention to terminate this contract effective the end of the then current term, provided notice of
such intent to terminate is given to the other party thirty (30) days in advance of the automatic
renewal of this contract as provided herein.
EXECUTED on the dates shown in the acknowledgments below.
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CITY OF PARIS, PARIS, TEXAS
By:
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
;-fJ, ~-IL
. Lestock, Assistant City Attorney
CHAMBER OF COMMERCE LAMAR
COUNTY,INC.
By:
Gary Vest, President
ATTEST:
, Secretary
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared CURTIS
FENDLEY, Mayor ofthe 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 ,2005.
Notary Public, State of Texas
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STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on the undersigned authority, on this day
personally appeared GARY VEST, 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
,2005.
Notary Public, State of Texas
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