HomeMy WebLinkAboutResolution - 1057 - Agreement - LCAC - Promotion Of The Arts, HOT Revenues - 03_25_1982RESOLUTION 1057 - 3/25/82
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement
between the City of Lubbock and the Lubbock Cultural Affairs Council providing
for the payment of a portion of the revenues derived from the hotel occupancy
tax to the Cultural Affairs Council to be disbursed by it in accordance with
the Guidelines adopted, ratified and affirmed as part of said agreement, which
agreement, attached herewith, shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall be made a part herein in
detail.
Passed by the City Council this 25th day of March 1982.
BIL c ISTER, MAYOR
ATTEST:
velyn Gaffga, City S r -Treasurer
APPROVI AS TO CONTENT:
m Weston, Director of Community Facilities
APPROVED AS TO FORM:
64&
Joa�f Sherwin, Assistant City Attorney
RESOLUTION 1057 - 3/25/82
CITY SECRETARY• T REASURER
STATE OF TEXAS
S
COUNTY OF LUBBOCK S
" AGREEMENT
This agreement between the City of Lubbock, a municipal corporation ("City"),
and the Lubbock Cultural Affairs Council, a Texas non-profit corporation C"Council"),
for the purposes and considerations hereinafter expressed:
WITNESSETH:
WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the
City to levy by ordinance a hotel occupancy tax which may not exceed 4% of the
consideration paid by a hotel occupant; and
WHEREAS, Article 1269j-4,1, Vernon's Texas Civil Statutes, authorizes the
City to provide for the use of one -eighth of the revenue derived from its hotel
occupancy tax for the encouragement, promotion, and improvement of all forms of
arts, and
WHEREAS, there is now on deposit in the City's General Fund $63,086.24 (the
"Funds") representing that portion of the hotel occupancy tax to be disbursed
for the encouragement of the arts as heretofore stated and collected by the City
on or before September 30, 1981, for the fiscal year ending that date;
WHEREAS, the Council comprised of a cross-section of those interested in
and participants of the Lubbock arts community, has proposed certain Guidelines
(hereinafter "Guidelines" that are attached hereto as Exhibit A made a part
hereof and incorporated by reference herein for all purposes) provided for the
formation of a Review Committee to recommend to the City how the Funds should
be distributed:
NOW COME, THEREFORE, the City and Council agree as follows:
1. The City does hereby adopt, ratify and affirm the Guidelines attached
hereto and the procedures set forth therein.
2. The City agrees to pay to the Council the $63,086.22 herein referred to
in three equal installments of $21,028.74, the first installment to be paid upon
the signing of this agreement, the second on or before August 15, 1982, and the
third on or before November 15, 1982.
The Council shall submit a request for payment to the City hereunder and
the City shall submit said payment to the Council within 21 days from receipt
of said request for payment.
i
3. From the first installment paid by the City, $3,154.31 may be de—
posited by the Council in its operating account and used to convert the esti—
mated administrative costs of the disbursement of the Funds. The balance of
that installment and all other installments shall be deposited` pending dispersal to
application grantees in an interest bearing account at a depository of the
Council's choosing. The principal amounts of the installments only shall be
expended as approved, with the interest being rebated to the City at the end
of the term of this agreement (or sooner at the convenience of the parties).
4. .The Funds shall be disbursed to application grantees in accordance
and only in accordance with the Guidelines attached hereto.
5. If the Review Committee as created in the guidelines approves appli—
cations for grants in excess of the amounts disbursed by the City, but less
than the total amount of $63,086.24, the City, in its discretion, may advance
the additional amount requested prior to the scheduled installment payment
date as herein before set forth.
6. The Council shall keep careful books and records as to the administra—
tive costs of the disbursement of the Funds and as to the disbursement of the
Funds themselves, how they are spent by the application grantees, shall allow
access to the books and records to City representatives at any time, and shall
make at least quarterly reports to the City. The Council will, annually, furnish
the City with a financial report detailing how each grantee has expended their
grant funds.
7. The Council shall allow the City's duly employed certified public
accountants to audit the use of the Funds and shall be responsible for the
costs of the Audit (which may be paid from the Funds), and any other expenses
incurred by the City in assuring that said funds are properly dispersed by the
Council.
8. The Council does hereby indemnify the City from any liability rising
out of the disbursement and use of the Funds including but not limited to any
cause of accident or claim arising at events made possible or partially possible
by the Funds, and agrees to hold the City harmless therefrom.
9. This agreement expires December 31, 1982.
Executed this 25th day of March, 1982.
THE CITY OF OCK
r
r
BIL cALISTER, MAYOR
ATTEST:
Evelyn Gaffga; City/Seb-rg�iary-Treasurer
APPROD AS TO CONTENT: VU
rT Weston, Director of Community Facilities
APPROVED AS TOJ FORM:
Joan Sherwin, Assistant City Attorney
V
Lubbock Cultural Affairs Council ,
By:
Mr. David Hess, President