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1737 RES CITY COUNCIL ESTABLISHED ASSESSMENT AND COLLECTION OF HOTEL OCCUPANCY TAXRESOLUTION NO. 1737 , WHEREAS, the City Council of the City of Paris has recently established the assessment and collection of a hotel occupancy tax; and, WHEREAS, the City Council of the City of Paris is desirous of contracting with the Chamber of Commerce of Lamar County to use such funds so collected for promoting and advertising the City of Paris, upon the terms and conditions contained in the con- tract attached hereto as Exhibit A; and, WHEREAS, the City Council of the City of Paris desires to establish a permanent committee, composed of the Mayor of the City of Paris, one Councilman of the City of Paris and the City Manager of the City of Paris, which committee shall review and approve the proposed program of work provided for in such contract; and, WHEREAS, the Mayor of the City of Paris, James M. Brunette, does hereby recommend for appointment for the Councilman position on said committee, Lloyd S. Sterling, to serve through December 31, 1977; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, a contract with the Chamber of Commerce of Lamar County, upon the terms and conditions and in the form attached hereto as Exhibit A. BE IT FURTHER RESOLVED, That a committee be, and the same is hereby appointed, consisting of the Mayor of the City of Paris, the City Manager of the City of Paris and Councilman Lloyd S. Sterling, to serve as the committee to review and approve the proposed program of work of the Chamber under the contract attached hereto as Exhibit A. Passed and adopted this 9th day of February, 1976. J es M. Brunet , Mayor ATTEST: J H. C. Greehe, City Clerk APPROVED O FORM: . Haynes, City Attorney CnNTUArT STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR 0 That the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, duly authorized, hereinafter called City, and the CHAMBER OF COMiVIERCE OF LAMAR COUNTY, a corporation, acting by and through its President, duly authori.zed, here- inafter called Chamber, in consideration of the mutual covenants, agreements, stipulations and payments, hereby contract and agree as follows : 1. That Chamber agrees to establish a visitors and conven- tion council for the purpose of promoting and advertising the City of Paris and 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 pro-- posed 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 pro- posed effective date of such amendment. 3. That the 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 con- tractor for the purpose Of th1S contract and shall in no manner incur expenses or liability on behalf of City. EXHIBIT A 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 pro-- vided 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 the City under Article III of Chapter 28, Code of Ordinances of City of Paris, pursuant to the approved pro- gram of work. Ihe City shall retain 5% of quarterly collections under Article III of Chapter 28, Code of Ordinances of 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 570. City shall pay over tax funds collected to Chamber within ten (10) days after the collection 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. Chamber agrees to furnish an audit to City showing the manner and amount of expendi- ture 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 presentation 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 tlie City of Paris. 11. That the term of this contract shall be for a term of two (2) years, beginning January 1, 1976 and ending December 31, 1977. Executed on the dates shown in the acknowledgements below. CITY OF PARIS By: James M. Brunette, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City ttorney CHAMBER OF COMMERCE OF LAMAR COUNTY By : Homer Thornton, President A TTEST: Secretary APPROVED AS TO FORM: J. D. McLaughlin, Attorney STATE OF TEXAS 0 COUNTY OF IAMAR 0 BEFORE ME, the undersigned authority, on this day personally appeared JAMES M. BRUNETTE, Mayor of the City of Paris, 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 February, 1976. Notary Public, Lamar County, Texas STATE OF,TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared HOMER THORNTON, President of the Chamber of Commerce of Lamar County, known to me to be rhe person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein ex- pressed and in the capacity therein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE, this day of February, 1976. Notary Public, La.mar County, Texas