HomeMy WebLinkAboutResolution - 3792 - Agreement - LCAC - 1992 Arts Grant Program - 01/23/1992Resolution No. 3792
January 23, 1992
Item #5C
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 by
and between the City of Lubbock and the Lubbock Cultural Affairs Council,
attached herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of January , 1992.
ATTEST:
ani to oy City ecret ry
APPROVED AS TO CONTENT:
itaHarmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
uan.aia u. vanaiver, rirst Ass
City Attorney
DGV:dw
agenda-D#1/Cultr1Ag.Res
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
Resolution No. 3792
January 23, 1992
Item #5C
This agreement is made by and between the City of Lubbock, a
municipal corporation ("City"), and the Lubbock Cultural Affairs
Council, a non-profit Texas Corporation ("Council"), for the
purposes and considerations hereinafter expressed:
WITNESSETH:
WHEREAS, Section 351.002 V.T.C.A., Tax Code authorizes the
City to impose by ordinance a hotel occupancy tax which may not
exceed 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, Section 351.101 V.T.C.A., Tax Code authorizes the
City to use a portion of revenue derived from its hotel occupancy
tax for the encouragement, promotion, improvement and application
of the arts; and
WHEREAS, there is now on deposit in the City's General Fund
$105,119.90 (the "Funds") collected by the City on or before
September 30, 1991, for the fiscal year ending on that date,
which funds represent that portion of the hotel occupancy tax
that may be disbursed for the encouragement, promotion,
improvement and application of the arts as heretofore stated; and
WHEREAS, the Council, which is comprised of a representative
cross-section of those interested in and participating in the
Lubbock arts community, has proposed certain Guidelines
(hereinafter "Guidelines" that are attached hereto as Exhibit A
and made a part hereof and incorporated herein by reference for
all purposes) and said Guidelines require a Review Committee to
recommend to the City how the funds should be distributed:
NOW THEREFORE, the City and Council agree as follows:
1. The City hereby adopts, ratifies and affirms the
Guidelines attached hereto as Exhibit A and the procedures set
forth therein.
2. The City hereby agrees to pay to the Council the sum of
$105,119.90 in three equal installments of $35,039.97; the first
installment to be paid upon the execution of this agreement by
both parties, the second on or before August 15, 1991, and the
third on or before November 15, 1991.
3. From the first installment paid by the City, $5,256.00
(5%) -may be used to pay the estimated administrative costs of the
disbursement of the funds. The balance of that installment and
all other installments shall be deposited pending disbursement 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 City, in writing, shall approve in advance the
semi-annual grant awards recommended by the Council and Review
Committee.
5. The Council must 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.
6. The Council shall maintain complete and accurate
financial records as to the administrative costs of the
disbursement of the funds and as to the disbursement of the funds
themselves and how they are spent by the application grantees,
and on request of the City or another person, shall make the
records available for inspection and review at all reasonable
times, and shall make at least quarterly reports to the City with
regard to such expenditures. The Council will furnish the City
with an annual financial report listing all expenditures made by
the Council and detailing how each grantee has expended its grant
funds.
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7. The funds shall be disbursed to application grantees
only in accordance with the Guidelines attached hereto.
8. If the Review Committee approves applications for
grants in excess of the amount disbursed by the City in either
the first or second installments, but less than the total amount
of $105,119.90, the City, in its sole discretion, may advance the
additional amount requested prior to the time when the remaining
installment or installments are to be paid.
9. The Council shall allow the City's accountants to audit
the expenditure of the funds and shall be responsible for the
costs of the audits (which may be paid from the funds), and any
other expenses incurred by the City in assuring that said funds
are properly disbursed by the Council.
10. The Council hereby indemnifies the City from any and
all claims or liabilities of any nature whatsoever arising out of
the disbursement and use of the funds by the Council including,
but not limited to, any cause of action or claim arising at
events made possible or partially possible by the funds, and the
Council further agrees to hold the City harmless therefrom.
11. The Council will request that each grantee receiving
funds include the following acknowledgement on printed programs
or other information produced by the grantees: "This program
(exhibit) is made possible (in part) through a grant from the
City of Lubbock recommended by the Lubbock Cultural Affairs
Council."
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12. This agreement shall expire December 31, 1992.
Executed this 23rd day of January, 1992.
THE CITY OF LUBBOCK:
c •
. C. MCMIAN, MAYOR
EST:
Ran to Boyd, City SecfethLry
APPROVED AS TO CONTENT:
i� �"
Rita P. Rarmon, Assistant City Manager
for Public Safety and Services
AP VED AS TO FORM:
n-�~
04
�" Do ald G. Vandiver, First Assistant
City Attorney
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k/ag=t-D#3/D-Cu1tr1.doc
LUBBOCK CULTURAL AFFAIRS COUNCIL:
c.
Nicky 9tandlee, President
ATTEST:
S cretary
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