HomeMy WebLinkAboutResolution - 2007-R0092 - Agreement - Civic Lubbock Inc.- Use Hotel Occupancy Tax Funds, Music Festival - 03/05/2007Resolution No. 2007-R0092
March 5, 2007
Item No. 5.12
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 Civic Lubbock, Inc., to administer hotel
occupancy tax funds for the 2007 Lubbock Music Festival, and related documents.
Said Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this
5th day of March , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
SQ
Reb cca Garza, City Secretary
APPR ED AS TO CONTENT:
Freddy Chave
Director of C is Services
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section
LLCALRES-CLI Music Festival Agreement 07
ccdocs+, February 22, 2007
Resolution No. 2007-R0092
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
This agreement ("Agreement") effective as of March 5 , 2007 ("Effective Date") is
made by and between the City of Lubbock, a Texas home rule municipal corporation ("City"),
and Civic Lubbock, Inc., a non-profit Texas corporation ("CLI"), for the purposes and
considerations hereinafter expressed.
WITNESSETH
WHEREAS, in accordance with the License Agreement with the City of Lubbock dated
September 21, 2005, CLI has created an Entertainment Task Force Standing Sub -Committee
whose responsibilities involve the development, organization, coordination and funding of
events that would take advantage of the various talent and venues associated with the City of
Lubbock's entertainment industry while working collectively with entertainment entities
throughout the region that would have a positive impact on tourism within the City; and
WHEREAS, Sections 351.002 and 351.003 V.T.C.A Tax Code authorized and the City
has imposed by ordinance a hotel occupancy tax in the amount of seven percent of the
consideration paid by hotel occupants for a hotel room; and
WHEREAS, Section 351.101 V.T.C.A. Tax Code authorizes revenue from the
municipal hotel occupancy tax to be used only to promote tourism and the convention and hotel
industry; and
WHEREAS, the City Council finds that the 2007 Lubbock Music Festival will
promote tourism and the convention and hotel industry; and
WHEREAS, the CLI Entertainment Task Force Standing Sub -Committee will oversee
and coordinate the 2007 Lubbock Music Festival; and
WHEREAS, the City of Lubbock FY 2006-07 Budget was amended November 21,
2006, by Ordinance No. 2006-00120, to appropriate and designate ONE HUNDRED
SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($175,000.00) from
Hotel/Motel Tax Fund Balance for the Lubbock Music Festival; and
NOW THEREFORE, City and CLI for and in consideration of the terms and conditions
set forth in the Agreement hereby agree as follows:
1. The term of this Agreement commences on the Effective Date and continues
without interruption until February 28, 2008.
2. In the event that CLI breaches any term and/or provision of this Agreement, City
shall be entitled to terminate this Agreement immediately.
3. CLI shall submit to City, for advance approval, any portion of its annual budget
utilizing municipal hotel occupancy tax funds.
4. The City hereby agrees to pay to CLI the sum of ONE HUNDRED SEVENTY
FIVE THOUSAND DOLLARS AND NO CENTS ($175,000.00) (the "Funds")
to be paid upon the execution of the Agreement by both parties.
5. CLI agrees that said Funds shall be used for the 2007 Lubbock Music Festival
and that CLI's Entertainment Task Force Standing Sub -Committee will oversee
and coordinate the expenditure of these Funds. Any profits realized by the 2007
Lubbock Music Festival are not considered part of the Funds and will be
Music Festival Agreement — City/Civic Lubbock, Inc. 2
retained by CLI for the funding of the Festival, Arts and Entertainment Grant
Program administered by Civic Lubbock, Inc.
5. The payment provided by City shall be deposited pending disbursement in an
interest bearing account at a federal insured depository of CLI's choosing. Only
the principal shall be expended for the festival. The interest accumulated in
CLI's account from the 2007 Lubbock Music Festival shall be reported to the
City at the end of the term of this Agreement (but retained by CLI for the
funding of future music festivals).
7. All Funds shall be spent in conformity, and CLI shall comply with all laws and
provisions of Chapter 351 of the Texas Tax Code.
8. CLI shall maintain the Funds provided by the City in a separate account
established for that purpose and may not commingle those Funds with any other
money or maintain it in any other account. CLI shall maintain records that are
necessary to substantiate the Funds expended. CLI shall, upon request and
during normal business hours, provide access to its corporate books and records
to the City. The cost of all audits deemed necessary by City shall be the
responsibility of CLI (which may be paid from the Funds).
9. CLI shall make quarterly reports to the City Secretary with regard to such
expenditures made by CLI and detailing how these Funds were expended. This
report shall include a list of each scheduled activity, program or event that is
directly funded by the Funds provided herein or has its administrative costs
funded in whole or in part by such Funds, and is directly enhancing and
promoting tourism and the convention and hotel industries.
Music Festival Agreement — City/Civic Lubbock, Inc. 3
10. CLI shall indemnify and save harmless the City and its officers, agents, and
employees from all suits, actions, losses, damages, claims, or liability of any
character, type, or description, including, without limiting the generality of
the foregoing all expenses of litigation, court costs, and attorney's fees for
injury or death to any person, or injury to any property, received or
sustained by any person or persons or property, arising out of, or
occasioned by the acts of CLI, its agents or employees, in the execution or
performance, or omissions of performance, of or under the Agreement.
EXECUTED this 5th day of
CITY OF LUBBOCK
01
DAVID A. MILLER, MAYOR
ATTEST:
Rebecca Garza, City Secretai
APPROVED AS TO CONTENT:
Freddy ChaAz
Civic Services Director
RKC/kc/CLI. City Agreement —Music Festival 2007
February 22, 2007
March 2007.
CIVI UBBOCK, INC.
AA_
Dan BU66
Title: President
ATTEST:
Welham �we , ecretary
APPROVED AS TO FORM:
Linda L. Chamales,
Senior Attorney
Music Festival Agreement — City/Civic Lubbock, Inc. 4