08-D Addendum No. 1 to Chamber Contract re V&CC
CITY OF PARIS, TEXAS
CITY COUNCIL AGENDA REQUEST
MEETING DATE: I March 26,2007
. Action D Discussion
o Information
o Refer to:
SUBMITTED BY:
Lisa A. Wright, Director of Community Development
DESCRIPTION:
Consideration of and action on a resolution approving an amendment to the Contract
with the Chamber of Commerce of Lamar County, Inc. Section 7 of the V&CC Contract
provides that the City must use the 5% HOT funds reserved by it only for special
purpose grants; however, Section 351.101 of the Tax Code allows for broader uses. I
request that the City revise Section 7 to allow for the use of the reserved funds for any
tourism-related project allowe~ under said Chapter 351.
Specifically, Culbertson Fountain and the Peristyle are both deteriorating at rapid paces,
and restoration and preservation of those sites would be eligible expenses under Section
351.101 (a)(5)(B). I have spoken with Pete Kampfer, Chamber of Commerce/PEDC, and
he is in agreement with the proposed revision and related projects.
If this revision is approved, City staff from various departments will meet immediately to
prepare a plan for restoration and will begin gathering quotes to determine exactly how
much of the available funding will be needed for each project. The Fountain is currently
our first priority because it is now leaning and has severe electrical and plumbing issues.
BACKGROUND INFORMATION:
The City Council approved Resolution No. 2005-148 (attached) on December 12, 2005,
which authorized a contract with the Chamber of Commerce to maintain the 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. I hereby
request revision of Section 7 of this contract as stated above.
FISCAL AUTHORITY:
BUDGETED: Yes Account #:
GRANT: Account #:
BOND / C 0 Account #:
Other: See attached for recommended funding
LEGAL REVIEW:
I
MANAGER'S RECOMMENDATION:
DRAFT
f:attorney\reswork\current\ v&cc Contract Addendum No.1 Res
March 20, 2007
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING ADDENDUM NO. ONE TO THE CONTRACT
BETWEEN THE CITY OF PARIS AND THE CHAMBER OF COMMERCE
OF LAMAR COUNTY, INC. REGARDING MAINTAINING A VISITORS
AND CONVENTION COUNCIL FOR THE PURPOSE OF MANAGING THE
MUNICIPAL HOTEL OCCUPANCY TAX FUND; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris, (the "City") and the Chamber of Commerce of Lamar
County, Inc. (the Chamber) entered into a contract dated December 12,2005 for the purpose
of maintaining a Visitors and Convention Council to manage the City's Hotel Occupancy Tax
Fund to promote tourism, convention and hotel industry business in the City of Paris (hereinafter
the "Agreement"); and,
WHEREAS, the parties to the Agreement have mutually agreed to revise paragraph 7
of the Agreement to conform to Section 351.101 of the Texas Tax Code; and,
WHEREAS, the City Council of the City of Paris has reviewed the proposed Addendum
No. One to the Agreement, attached hereto as Exhibit A, and finds it to be in the best interest
of the City of Paris and its citizens and should be, in all things 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, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That Addendum No. One to the Agreement, attached hereto as Exhibit A, is
in the best interest of the City of Paris and its citizens 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, Addendum No. One, under the terms and conditions and
substantially in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
ADDENDUM NUMBER ONE TO CONTRACT
DATED DECEMBER 12, 2005, BETWEEN
THE CHAMBER OF COMMERCE OF LAMAR COUNTY, INC.
AND THE CITY OF PARIS, PARIS, TEXAS
STATE OF TEXAS )
)
COUNTY OF LAMAR )
WHEREAS, the City of Paris, Texas (the "City") and the Chamber of Commerce of
Lamar County, Inc. (the "Chamber") entered into a contract dated December 12,2005 for the
purpose of maintaining a Visitors and Convention Council to manage the City's Hotel
Occupancy Tax Fund to promote tourism, convention and hotel industry business in the City of
Paris (hereinafter the "Agreement"); and,
WHEREAS, paragraph seven of the Agreement provides that the City shall retain five
percent (5%) ofthe quarterly hotel occupancy tax collections for the purpose of funding special
purpose grants to enhance tourism in the City of Paris; and,
WHEREAS, Section 351.101 of the Texas Tax Code and Section 30-38 of the City Code
of Ordinances provide that revenue from the hotel motel occupancy tax may be spent on other
things including historical restoration and preservation projects located in the City that would
be frequented by tourists or visitors to the City;
WHEREAS, the Chamber and the City mutually desire to amend paragraph seven (7)
of the Agreement to allow the City to spend its five-percent (5%) share of the quarterly hotel
occupancy tax revenue to promote tourism and the and the convention and hotel industry in any
of the ways enumerated under section 350.101 of the Texas Tax Code, as amended.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
agreements set out herein, the City and the Chamber hereby agree to amend paragraph 7 of the
Agreement to read as follows:
"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 purpose
EXHIBIT A.
r"--"..~...<.. ...._~._.~-
of promoting tourism and the convention and hotel industry and any purpose
enumerated under Section 351.10 I 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 ofthe Code
of Ordinances of the City of Paris"
All other provisions of the Agreement between the Chamber and the City dated
December 12,2005, shall remain in full force and effect except as amended by this Addendum.
EXECUTED on the _ day of
, 2007.
CITY OF PARIS, PARIS, TEXAS,
By:
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
CHAMBER OF COMMERCE
OF LAMAR COUNTY, INC.
Peter D. Kampfer, President
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Richard
Manning, 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 26th day of March, 2007.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Peter D.
Kampfer, President of the 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of March, 2007.
Notary Public, State of Texas