HomeMy WebLinkAboutR89-216MUSEUM - LLANO ESTACADO - AGREF/~/~f
RESOLUTION NO. R89-216
A RESOLUTION OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING
THE MAYOR TO EXECUTE A HOTEL/MOTEL OCCUPANCY TAX REVENUE
SUB-GRANT AGREEMENT WITH THE MUSEUM OF THE LLANO ESTACADO
OF WAYLAND BAPTIST UNIVERSITY.
WHEREAS, thru the adoption of Resolution No. R89-195, on October
24, 1989, the City Council expressed an interest in supporting the
Museum of the Llano Estacado; and
WHEREAS, the City is authorized by state and local law to impose
a tax upon hotel and motel guest, commonly known as the "Hotel/Motel
Tax"; and
WHEREAS, the revenue used from the Hotel/Motel Tax may be used
only for the purposes set forth in Texas Tax Code Ann. Section
351.101(a); and
WHEREAS, the Museum of the Llano Estacado is organized to
research, hOuse, exhibit and maintain historical restoration and
preservation projects, such as the Wooly Mammoth Exhibit; and
WHEREAS, such historical restoration and preservation projects
are for the benefit of the entire community and are frequented by
tourists and visitors to the City of Plainview; and
WHEREAS, such historical restoration and preservation projects
are in keeping with the intent and organization of the Museum and
are the reason for its existence; and
WHEREAS, the Museum has represented to the City that such
historical and preservation projects and exhibits cannot continue
without additional funding; and
WHEREAS, the City recognizes the beneficial tourist effects of
the Museum and desires to the see the continuance and furtherance of
the operations of the Museum.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Plainview, that the Mayor is hereby authorized to execute a
Hotel/Motel Occupancy Tax Revenue Sub-Grant Agreement with the
Museum of the Llano Estacado of Wayland Baptist University, whereby
the Museum shall provide certain services and the City shall
compensate the Museum for said services at twenty thousand dollars
($20,000).
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Passed and Approved this 21st day of December, 1989.
E J~. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO FORM:
~es P.~Jeffers, C~M~ger
APPROVED AS TO CONTENT: ~
David ~-lackburn, City Attorney
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STATE OF TEXAS
COUNTY OF HALE
HOTEL/MOTEL OCCUPANCY TAX REVENUE
SUBGRANT AGREEMENT
This Agreement, executed in duplicate, made and entered into
the 21st day of December , 1989, by and between the City of
Plainview, Texas, a Texas Municipal Corporation, located at 901
Broadway, Plainview, Texas 79072, ("City"), and the Museum of the
Llano Estacado, of Wayland Baptist University,
educational institution, located at 1900 West
Plainview, Texas 79072, ("Museum").
a non-profit
8th Street,
WITNESSETH:
WHEREAS, the City is authorized by state and local law to
impose a tax upon hotel and motel guests, commonly known as the
"hotel/motel tax"; and
WHEREAS, the revenue used from the hotel/motel tax may be used
only for the purposes set forth in Texas Tax Code Ann. Section
351.101 (a); and
WHEREAS, the Museum of the Llano Estacado is organized to
research, house, exhibit and maintain historical restoration and
preservation projects, such as the Wooly Mammoth Exhibit; and
WHEREAS, such historical restoration and preservation projects
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are for the benefit of the entire community and are frequented by
tourists and visitors to the City of Plainview; and
WHEREAS, such historical restoration and preservation projects
are in keeping with the intent and organization of the Museum and
are the reason for its existence; and
WHEREAS, the Museum has represented to the City that such
historical and preservation projects and exhibits cannot continue
without additional funding; and
WHEREAS, the City recognizes the beneficial tourist effects of
the Museum and desires to see the continuance and furtherance of
the operations of the Museum.
NOW, THEREFORE, in consideration of the premises and mutual
covenants herein contained, City and Museum hereby agree as
follows:
1)
City contracts with the Museum to promote tourism
activities, to wit: the encouragement, promotion
and improvement of historical restoration and
preservation projects or activities that would be
frequented by tourists or visitors to the City,
i.e., the Museum. Museum agrees to render the
services contemplated, and Museum accepts such
duties and responsibilities and agrees to
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discharge such duties in accordance with the terms
and Conditions set forth herein.
2)
The Museum is an independent contractor and is not
the agent of the City for purposes of this
Agreement.
3)
Museum shall receive twenty-thousand dollars
($20,000) annually from proceeds collected under
the Hotel/Motel Tax Ordinance with said money to
be utilized in the promotiOn of the tourism
activities in accordance with state and local law.
4)
Museum shall develop on an
item budget of anticipated
revenues.
annual basis a line
expenditures and
5)
The annual budget shall be submitted to the City
Manager in accordance with the annual policies on
the preparation of 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.
6)
Ail expenditures by the Museum of monies received
under this Agreement, must be properly documented
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by voucher statement or other written description,
and said expenditures must comply with state and
local law in regard to the use of the hotel/motel
tax revenues.
7)
Hotel/Motel TaxFunds paid to the Museum may, at
the discretion of the City, be subject to annual
audit by the City of Plainview external auditor,
with expenses paid by Museum.
8)
Payment to the Museum shall be made by the City on
an annual basis.
9)
Any questions arising in regard to the expenditure
of certain funds and whether such expenditures are
authorized by state or local law shall be
submitted to the City Attorney's Office for a
determination of compliance. Either City or Museum
may question a proposed expenditure. A "question"
arises by a reasonable doubt in the mind of either
of the parties as to the appropriateness of a
proposed expenditure.
lO)
Any expenditures which
violation of state or
reimbursed by the Museum.
regarding
are determined to be in
local law shall be
In the event a question
the appropriateness of an expenditure
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arises subsequent to the payment of said
expenditure, and a subsequent legal opinion
determines the expenditure to be unlawful, Museum
shall be responsible for any and all costs and
expenses associated necessary to comply with the
law, including reimbursement.
ii)
Within sixty (60) days after the close of the
fiscal year of the City, Museu~TL shall deliver to
the City a financial operating statement of the
business of Museum as it pertains to the
expenditures of Hotel/Motel tax funds, in such
detail and with supporting documents as the City
may reasonably request.
12)
It is expressly understood and agreed by City and
Museum that the funds generated by the Hotel/Motel
tax and obligated by Museum, other than those
specified by the Plainview City Council, shall be
used solely for the purpose of fostering tourism,
through the historical restoration and
preservation projects of the Museum and as allowed
by state law.
i3)
Any Hotel/Motel
remaining at the
included in the
tax funds which Museum has
end of the fiscal year shall be
following year's budget or
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transferred to a Hotel/Motel
controlled by Museum.
Tax Reserve Fund
14)
This contract shall expire one year after the date
it is executed. It is the intent of this City.
Council that this contract be renewed for two
additional years, but the decision to renew rests
solely with future City Councils.
In Witness Whereof, the parties have executed this Agreement,
by their duly sworn authorized officer on this 26th day of
December , 1989.
E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FO~M:
David Blackburn, City Attorney
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