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2139 RES CITY COUNCIL IN RES NO 1993 AUTHORIZE CONTRACTING WITH CHAMBER OF COMMERCERESOLUTION N0. 2139 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 1993 authorize the contract- ing with the Chamber of Commerce of Lamar County to use hotel occupancy tax funds for promoting and advertising the City of Paris, which contract expired on the 31st day of December, 1981; and, WHEREAS, the City Council is pleased with the accomplishments through the use of the hotel occupancy funds and is desirous of renewing the contractual ar- rangement with the Chamber of Commerce of Lamar County for a term of two (2) years, beginning January l, 1982 and ending December 31, 1983; and, WHEREAS, the Mayor of the City of Paris, Billy Joe Burnett, does hereby recommend for appointment for the Councilman position of said Committee, Joe Graham, to serve through December 31, 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Billy Joe Burnett, 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, upon the terms and con- ditions and in the form shown in Exhibit A attached hereto; and, BE IT FURTHER RESOLVED, that a committee, be, and the same is hereby appointed, consisting of the Mayor of the City of Paris, City Manager of the City of Paris, and Councilman Joe Graham, to serve as the committee to review and approve the proposed program of work of the Chamber under said contract. Passed and adopted this llth day of January, 1982. Billy Burnettt Mayor ATTESi" : ~ f` H. C. Gre ne, City C er APPROVED AS TO FORM: ~ T. K. ayne , City Attorney ~ CONTRACT STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR X That the CITY OF PARIS, Paris, Texas, a municipal cor- poration, acting by and through its Mayor, duly authorized, hereinafter called City, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, a corporation, acting by and through its President, duly authorized, hereinafter called Chamber, in consideration of the mutual covenants, agreements, stipu- lations 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 adver- tising the City of Paris in developing an annual program of work. 2. That Chamber shall submit for approval a proposed annual program of work to a committee composed of the Mayor of the City of Paris, one City Councilman and the City Manager each year on or before 1 December, 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 visitars and con- vention council shall meet at least quarterly and within thirty (30) days after the end of each quarter., shall sub- mit 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 af this contract and shall in EXHIBIT A TO RESOLUTION N0. 2139 no manner incur expenses or liability an 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 p.reclude commi_ngling 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 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 coll.ection thereof as provided in 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. Chaznber 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 presen- tation of the above described audit 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, 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 two (2) years, beginning January l, 1982 and ending December 31, 1983. Executed on the dates shown in the acknowledgements below. CITY OF PARIS By Billy Joe Burnett, Mayor ATTEST: H. C. Greene, City C er APPROVED AS TO FORM: T. K. Haynes, City Attorney CHAMBER OF COMMERCE OF LAMAR COUNTY By Travis R. King, President ATTEST: Patrick J, Ryan, Secretary APPROVED AS TO FORM; J. D. McLaug in, Attorney P, STATE OF TEXAS X COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared BILLY JOE BURNETT, Mayor of the City of Paris, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the vurposes and con- sideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of January, 1982. Notary Pu ic, State o Texas STATE OF TEXAS ~ COUt1TY OF LM2AR X BEFQRE ME, the undersigned authority, on this day personally appeared TRAVIS R. KING, President of the Chamber of Commerce of Lamar County, 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 January, 1982. Notary Public, State of Texas