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2007-039 RES-Approving Addendum No. 1 to the contract between the City & Chamber of Commerce regarding maintaining a Visitors & Convention Council / Managing the Municipal Hotel Occupancy Tax FundRESOLUTION N0. 2001-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING ADDENDUM N0. 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. PASSED AND APPROVED this 26th day of March, 2007. H~ ~~_ ~' °~ Richard Manning, Mayor ATTEST: ice Ellis, City Clerk APPROVED AS TS? FORM: W. Kent McII}~a. Attorney 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%) of the 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. of promoting tourism and the convention and hotel industry and any purpose enumerated under Section 351.101 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" 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. gy. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney CITY OF PARIS, PARIS, TEXAS, Richard Manning, Mayor 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