2011-077 RES APPROVING OF THE CHAMBER OF COMMERCE MAINTAINING THE VISITORS AND CONVENTION COUNCILRESOLUTION NO. 2011-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING THE CONTRACT WITH THE CHAMBER OF
COMMERCE OF LAMAR COUNTY, INC. 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; 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 12th day
of December 2005, in Resolution No. 2005-148, 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,
Texas.
WHEREAS, the contract between the City and the Chamber of Commerce has
been renewed and extended annually and has a current termination date of
September 30, 2011; and,
WHEREAS, the City Council is pleased with the accomplishments of the
Chamber of Commerce and the Visitors & Convention Council during the last twelve
months and is desirous of renewing the contractual arrangement with the Chamber of
Commerce of Lamar County, Inc. as stated in the contract attached hereto as Exhibit
"A"; and,
WHEREAS, the form of said 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, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are
hereby in all things approved.
Section 2. That the form of the contract between the City of Paris and the
Chamber of Commerce of Lamar County, Inc. for maintaining the Visitors and
Convention Council, attached hereto as Exhibit "A", be, and 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 the date of
passage.
PASSED A1VD APPROVED this 12th day of September, 2011.
ATTEST:
1 J
ganice Ellis, City Clerk
APPROVED AS TO FORM:
~
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W. Kent McIlya it Attorney
AGREEMENT BETWEEN CITY OF PARIS AND
LAMAR COUNTY CHAMBER OF COMMERCE
MANAGEMENT OF HOTEL OCCUPANCY TAX FUND
STATE OF TEXAS )
~ KNOW ALL MEN BY THESE PRE5ENTS:
COUNTY OF LAMAR )
WHEREAS, Chapter 351 of the Texas Tax Code authorizes municipalities to impose
taxes upon occupants who use or possess a hotel room in the City of Paris, Texas as provided in
said Chapter 351; and,
WHEREAS, as provided in Article 3, of Chapter 30 of the Code of Ordinances of the
City of Paris, Texas, has imposed a hotel/motel tax as authorized by state law; and,
WHEREAS, pursuant to said Chapter 351 and Article III, Chapter 30 of the Code of
Ordinances of the City of Paris, Texas 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;
WITNESSETH:
For and in consideration of these premises, the CITY OF PARIS, TEXAS, a home rule
municipal corporation, acting by and through its Mayor, A.J. Hashmi, M.D., duly authorized,
hereinafter called CITY, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC., a
non-profit corporation, acting by and through its Director, Mindy Moree, 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 to the City Council of the City of Paris on
or before July lst each year 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. Any proposed
amendment to said program of work shall be submitted to the City Council for approval a
minimum of thirty (30) days before the proposed effective date of such amendment.
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Approval by the City Council of the City of Paris of the annual budget for the Visitors
and Convention Council creates a fiduciary duty in the CHAMBER with respect to the revenue
received from 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 and the City
Council of the City of Paris.
4. That CHAMBER shall receive and deposit all hotel/motel tax revenue funds provided
herein in a separate banking account at a local bank which is federally chartered and FDIC
insured in such a manner as to preclude co-mingling of these funds with other funds of said
CHAMBER.
5. That CHAMBER shall maintain complete and accurate financial records of all
expenditures of hotel occupancy tax revenue and on request by the City Manager or City Council
of the City of Paris shall make the records available for inspection and/or audit to the CITY or its
designated representative.
6. The CITY shall make quarterly distributions to the CHAMBER of the Hotel
Occupancy Taxes collected pursuant to Article III, Chapter 30 of the City Code of Ordinances
and Chapter 351 of the Texas Tax Code for the CHAMBER'S use in operating the Visitors and
Convention Council and promoting tourism and the convention and hotel industry in the City of
Paris, Lamar County, Texas.
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.
7. That money paid to CHAMBER as a result of this Agreement 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 pursuant to the provisions of Section 30-38 (4) of the Code of
Ordinances of the 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.
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8. 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.
9. That CHAMBER will, at the same time of presentation of the above-described
quarterly reports, provide a report to the City Council of its activities with regard to the use of
the funds herein provided for so 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 provided herein the services
of individuals or corporations to promote tourism and the convention and hotel industry in the
City of Paris.
11. 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.
12. That CHAMBER agrees to perform the services required herein in full conformance
with Article III of Chapter 30 of the City of Paris Code of Ordinances, and in full conformance
with the requirements of Chapter 351 of the Texas Tax Code and all other applicable Federal,
State, and local laws and regulations. That CHAMBER further agrees that any and all meetings
conducted by the Visitors and Convention Council or 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.
13. That CHAMBER covenants and agrees that CHAMBER is an independent
contractor and not an officer, agent, servant or employee of the CITY; that CHAMBER shall
have exclusive control of and exclusive right to control the details of the services to be
performed hereunder and all persons performing same, and shall be responsible for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the
doctrine of respondeat superior shall not apply as between CITY and CHAMBER, its officers,
agents, employees, contractors, subcontractors and consultants, and nothing herein shall be
construed as creating a partnership or joint enterprise between CITY and CHAMBER for the
purpose of this contract and shall, in no manner, incur expenses or liabilities on behalf of CITY.
14. That CHAMBER agrees to release, indemnify and hold the CITY its elected
officials, officers and employees harmless from any and all claims or lawsuits brought by third
parties for injuries, damages, or liabilities arising from or related to the services provided by
CHAMBER pursuant to this Agreement.
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15. That the term of this Agreement shall begin October 1, 2011, and shall end
September 30, 2012, provided that said contract may be renewed for four (4) additional one-year
terms upon written agreement of the parties. Either party to this Agreement may provide notice
to the other party of intention to terminate this contract effective at the end of the then current
term, provided written notice of such intent to terminate is delivered to the other party no less
than thirty (30) days prior to the automatic renewal date.
EXECUTED on the dates shown in the acknowledgments below.
By:
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
By:
ATTEST:
Secretary
CITY OF PARIS, TEXAS
A.J. Hashmi, M.D., Mayor
CHAMBER OF COMMERCE LAMAR
Mindy Moree, Director
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STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared A.J. Hashmi,
M.D., Mayor of the City of 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 September,
2011.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on the undersigned authority, on this day
personally appeared MINDY MOREE, Director, 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 September,
2011.
Notary Public, State of Texas
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