Loading...
HomeMy WebLinkAboutR85-918142 RESOLUTION NO. R85-918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PIAINVIEW, TEXAS REPEALING RESOLUTION NO. R85-884 AND AUTHORIZING THE MAYOR TO EXSL/YrE A MANAC~T ~~ AS IT PERTAINS TO THE MANAGS~T OF THE HOTEL/MOTEL TAX FUND WITH THE PLAINVIEW CHAMBER OF C~. WHEREAS, the Plainview City Council adopted ~solution No. R85-884 which called for the management of Hotel/Motel Tax Funds; and WHEREAS, the City Council wishes to enter into a Management A~3reement with the PlainviewCb~mber of C~¥erce as it pertains to the management and distribution of Hotel/Motel Tax Funds: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Plainview, Texas that its Mayor is b~reby authorized to execute a management agreement calling for the Administration of the Hotel/Motel Tax Fund by the Plainview Chamber of ~ce, a copy of which is attached to this resolutuion and made a permenant part thereof with said agreement being effective October 1, 1985. BE IT FURTHER RESOLVED that B~solution R85-884 is repealed effective October 1, 1985. PASSED AND APPROVt~ this the 8th day of October, 1985. ATTEST: ~ALTER S. DODSON~ ~ity Clerk E.V. RIDI~R~BER~ Mayor STATE OFTEXAS COUNTY OF HALE THIS AGBRVN~T, executed in duplicate, made and entered into this the 8th day of October , 1985, by and between the CITY OF PLAINVIEW, TEXAS, a mnnicipal corporation (hereinafter called the "CITY"), and the PLAINVIEW CHAMBER OF COmmERCE, a non-profit corporation (hereinafter called the "CHAMBER"). WITNESSE~H: WHEREAS, the CHAMBER as one of its organizational goals was organized to solicit and book convention events; to marshall and adapt conm~nity resources to the needs of each convention event; to promote, encourage, and develop tourism for the City of Plainview, Texas; WHEREAS, the CITY, through its Hotel/Motel Occupancy Tax Ordinance, desires to avail itself of the services of the CHAMBER for the benefit and prosperity of its inhabitants. NOW, THEREFORE, in consideration of the premises and mutual convenants herein contained, the CITY and the CHAMBER hereby agree as follows: 1) CITY hereby contracts with the CHAMBER to manage and operate convention and tourism activities, and to render the services herein contemplated, and CHAMBER hereby accepts such and agrees to discharge such duties all in accordance with the terms and conditions herein set forth. 2) The CHAMBER is an independent contractor and is not the agent of the CITY. 3) CITY shall receive two percent (2%) of all proceeds collected under the Occupancy Tax OrdiD2~nce for collection and handling expenses incurred by the office's of said CITY. 4) CITY shall receive twenty-five percent (25%) of all proceeds collected under the Occupancy Tax OrdiD~nce to be deposited in the Hotel/Motel Occupancy Tax Reserve Fund of said CITY. 5) CHAMBER shall receive seventy-three percent (73%) of all proceeds collected under the Occupancy Tax Ordinance with said money to be utilized in the prc~otion of the tourism and convention activities in the CITY in accordance with State Law, City Ordinances, and City Resolutions. 6) CHAMBER shall develop on an annual basis a line item budget of anticipated expenditures from the Hotel/Motel Tax Fund. 7) The annual budget shall be submitted to the City Manager in accordance with the annual policies on the preparation of the CITY budget. After said budget has been approved by the City Manager it shall be submitted in .conjunction with the remainder of the City budget to the City Council for final approval and authorization. .2- 8) A request frcm the CHAMBER to transfer funds frcm one line item to another within the budget shall be approved by the City Manager prior to said transfer. 9) The CHAMBER shall develop a time sheet accounting prOCedure which sets forth the time spent by CHAMBER personnel along with the description of the work performed if the CHAMBER wishes to utilize any Hotel/Motel Tax money to reimburse the CHAMBER for time spent by Chamber personnel on the prcmotion of tourism and convention activities. 10) All expenditures by the CHAMBER, of Hotel/Motel Tax Funds, nust be properly documented by voucher statement or other written description, add said expenditures must relate to the prcmotion of tourism and conventions or other purposes authorized by State Statues. 11) The personnel time sheets and the written documentation shall be prepared in compliance with the standard accounting procedures used by the City and coordinated through the Director of Finance of CITY. 12) Hotel/Motel Tax ~Funds paid to the CHAMBER shall, at the discretion of the CITY, be subject to aD, ual audit by the City of Plainview external auditor with expenses paid by CHAMBER. Audit expenses may be paid from Hotel/Motel tax funds. -3- 13) Payment to the CHAMBER shall be made by the CITY on a quarterly basis upon receipt of Hotel/Motel Tax Funds. 14) Questions my arise occasionally regard/rig the expenditures of Certain funds and whether such expenditures should be within the scope of the State law authorizing the expenditure of Hotel/ Motel Tax Funds. The legality of the expenditures of such funds shall be determined by the CITY Attorney at the time that the budget for tourism and cc~vention is submitted to the City Council. 15) Any expenditure, during the fiscal year, which there appears to be a question as to its legality, shall be submitted to the CITY Attorney for determination of legality prior to the palm~t thereof. 16) Any expenditures which it is determined are in violation of State Statutes, CITY Ordinances or CITY Resolutions, shall be re/mbursed by the CHAMBER. 17) Within sixty (60) days after tb~ close of the fiscal year of the CITY, the CHAMBER shall deliver to the CITY a financial operating statement of the business of the CHAMBER as it pertains to the expenditure of Hotel/Motel tax funds, in such detail and with supporting documents as the CITY may reasonably request. 18) It is expressly understood and agreed by the CITY and the CHAMBER that the funds generated by the Hotel/Motel Occupancy Tax --4-- and obligated by the CHAMBER, other than those specified by the Plainview City Council, shall be used solely for the purpose of fostering tourism, securing conventions, attracting events, and other specific purposes enumerated in State statutes. 19) Any Hotel/Motel Tax Funds which the CHAMBER has rea~ining at the end of the fiscal year shall be included in the following year's budget or transferred to a Hotel/Motel Tax Reserve fund controlled by CHAMBER. 20) It is understood and agreed that this contract may be terminated by either party by giving to the other party one hundred twenty (120) days notice in writing of such termination. If the date of termination is during the City's fiscal year, the CITY and CHAMBER shall continue to operate under the terms of this agreement until the end of said fiscal year. 21) Upon termination of this contract for whatever reason, the CHAMBER shall deliver to the CITY all funds remaining on hand, if any, after discharge and payment of all debts or other obligation incurred while this agreement was in force; and, in addition, any removable personal property belonging to the CHAMBER that was financed or made available through the Hotel/Motel Occupancy Tax revenues. IN YF/T~SS WHEREOF, the parties have executed this agreement, by their duly sworn authorized officers, on this ~ day of ~bf~ 1985. E.V. RIDLEHUBER, Mayor W~LTER S. DODSON, City Clerk PRESIDE5~, Chamber of CO.~LiL,erc~ IVE VICE-PRESIDENT, Chamber of C~-~-erce APPROVED; ~~/~~ TOM HAMILTON, City Attorney -6- CITY OF PLAI~ STATEM~ OF POLICY RE: City of Plainview Hotel/Motel Tax Reserve Fund The City of Plainview Hotel/Motel Tax Reserve Fund shall have deposited in it, on an annual basis, twenty-five percent of all Hotel/Motel Tax Revenues as well as any unencumbered funds remaining at the end of the fiscal year. Primary intent of the fund is acquisition of land and/or a building to be utilized for a commutnity meeting facility. Secondary use of the money will be for extraordinary special projects for the co,inanity that are in direct relationship to tourism and/or convention activities or other uses as permitted by law. A~plication for funding for extraordinary special projects shall be submitted to the Chamber of Cc~mer~ for initial screening. The Chamber of Cu~,,~erce in turn will make a reccx~ndation to the City Council concerning the merit of the proposed project with the final decision as to funding resting with the City Council. This policy statement was adopted on October 8, 1985, by Resolution No. R85-916.