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HomeMy WebLinkAboutResolution - 2990 - Funding Agreement-Science Spectrum -HMT Reserve, Convention & Tourism Projects - 12/15/1988JPB:da Resolution #2990 December 15, 1.988 Iters #33 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 Science Spectrum providing for the payment of a portion of the revenues derived from the hotel occupancy tax to the Science Spectrum to be disbursed by it in accordance with the purposes and provisions of this Agreement, which Agreement, attached herewith, 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 15th day of December , 1988. .s C. t B.C. MCMI N, MAYOR ATTEST: Rane to Boyd, City Secreta y APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager for Public Safety & Services i APPROVED AS TO FORM: mes P. Brewster, Civil Trial Attorney RESOLUTION NO. 2990 No original agreement was in the file folder. A copy of the agreement is attached via the permanent minutes from this meeting. December 15, 1988 Page 843 The Agreements with Ransom Canyon and Ransom Canyon Development Corporation provide that the protest to the Texas Water Commission regarding City of Lubbock application for disposal permit will be withdrawn. Staff perceives the arrangement to be satisfactory to both the City of Lubbock and Ransom Canyon and recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #2987 (Contract with Town of Ransom Canyon) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. CONTRACT AUTHORIZED BY RESOLUTION #2987 --SEE ITEM 30. 88-47B-843-742 (33.) Consider Resolution #2990 authorizing the Mayor to sign a Funding Agreement with the Science Spectrum. RESOLUTION #2990 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 Science Spectrum providing for the payment of a portion of the revenues derived from the hotel occupancy tax to the Science Spectrum to be disbursed by it in accordance with the purposes and provisions of this Agreement, which Agreement, attached herewith, 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 15th day of December, 1988. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Rita P. Harman /s/ James P. Brewster Rita Harmon, Assistant City Manager James P. Brewster, Civil for Public Safety & Services Trial Attorney December 15, 1988 Page 844 STATE OF TEXAS COUNTY OF LUBBOCK § CONVENTION AND TOURISM PROMOTION ACTIVITY AGREEMENT This agreement entered into by and between the City of Lubbock, herein called "City" and the Science Spectrum, Lubbock Science and Technology Center, herein called "Spectrum". WITNESSETH: WHEREAS, the City has heretofore adopted a hotel -motel room occupancy tax in the manner and authority of V.T.C.A., Tax Code §151.101 et. seq., as amended, for the purpose of providing funds for the direct enhancing and promotion of tourism and the convention and hotel -motel industry in Lubbock; and, WHEREAS, Science Spectrum has requested that certain expenses arising from the acquisition and presentation of exhibits and related costs at the Science Spectrum facility be funded by a grant of funds from the hotel -motel room occupancy tax; and, WHEREAS, the City Council of the City of Lubbock has determined that the activities of Science Spectrum have proved during its existence to be a significant activity in the attraction of tourists and visitors to the City of Lubbock; and WHEREAS, the facilities of Science Spectrum are so conveniently located to be, and have been, an attraction directly enhancing and promoting tourism and the convention and hotel industry during its existence; and WHEREAS, the Science Spectrum facilities are so located within the City as would be frequented by tourists and visitors to the City, and have in fact within the last year actually attracted in excess of 72,000 paid admissions to its traveling exhibits; and WHEREAS, the City Council of the City of Lubbock has found that funding for the Science Spectrum activities as contemplated herein would provide for general promotional and tourist advertising of the City and would enhance existing programs to attract conventions and visitors to the City; and, WHEREAS, the City is authorized to select and contract with organizations in the performance of activities such as these promoting tourism and attracting conventions and visitors to the City; NOW THEREFORE, the parties hereto do agree as follows: That City will, and does hereby allocate and agree to provide Science Spectrum with a total of $250,000.00 from its Hotel -Motel Tax Reserve for Convention and Tourism Capital Projects during the City fiscal years starting October 1, 1988, October 1, 1989 and October 1, 1990, under the following terms and conditions hereinafter contained. II. That the City will provide the funds from such allocation to Science Spectrum as follows: One-half (1/2) of such allocation, totalling $125,000.00, shall be paid to Science Spectrum on or before October 1, 1989, with the remaining balance of $125,000.00, to be paid on or before October 1, 1991. December 15, 1988 Page 845 That these allocations are specifically conditioned upon these being funds available for such purpose in the Hotel -Motel Tax Reserve for Convention and Tourism Capital Projects at the time such allocations are due, in whole or in part. Available funds for this purpose shall mean funds beyond those necessary to finance allocations and commitments agreed to be funded by the City from such reserve prior to the date of this agreement. IV. The funds allocated by City under this agreement shall only be used or disbursed by Science Spectrum for those purposes and under those guidelines now here provided: 1. Allocated funds may be used to secure exhibits of or in demonstration of, technology in various fields of endeavor such as, but not limited to, medicine, agriculture, computers and aircraft; and, 2. Allocated funds may be used to secure exhibits or in demonstration of basic sciences, such as, but not limited to, weather, physics, chemistry and biology; and, 3. Such exhibits as above defined, shall further be those as would be reasonably calculated to attract attendance by tourists and visitors to the City of Lubbock; and, 4. Allocated funds may also be used: (a) To secure visual equipment and other programs or demonstrations as to the exhibits obtained, or as to subjects similar to the types of exhibits above defined. (b) To obtain furniture, miscellaneous equipment, signs and lighting only when required and directly relating to exhibits or other approved programs or demonstrations. (c) To prepare and distribute literature designed to enhance the exhibits, programs and demonstrations and to promote the attendance thereof by tourists and visitors to the City of Lubbock. 5. The funds advanced hereunder shall not be used to secure, operate or maintain the premises upon the exhibits, programs or demonstrations are held, nor for the purchase of any improvements of any character as may be attached to such facilities. The funds advanced shall not be used to pay general salaries of personnel, rent, utilities or for any other purpose whatsoever not specifically defined and authorized above. V. That following receipt and expenditure of the allocations, in whole or part, Science Spectrum shall file with the City quarterly reports as to expenditures made from each allocation, or part thereof, as received. Each such quarterly report shall further contain such information as may be then available as may indicate the success of its operations in actually promoting tourism, visitors to the City, and the hotel -motel industry. December 15, 1988 Page 846 VI. Science Spectrum shall further maintain careful books and records as to the disbursement of all such funds as may be provided under this agreement. Such records shall include proof of disbursement and that such disbursements were in accordance with the guidelines contained in paragraph IV, above. Science Spectrum shall further, at its sole cost, provide the City with a financial audit as to the status of the funds provided hereunder. These audits will be furnished within sixty (60) days after October 1, 1989, October 1, 1990 and after October 1, 1991. In the event any part of the funds provided remain unexpended on October 1, 1991, a final audit shall be submitted within sixty (60) days after the actual expenditure of the last of such funds. VII. The Science Spectrum shall allow the City or its designated agents access to the financial books and records of Science Spectrum at any time for the audit or to the verification of the proper disbursement of such advanced funds in accordance with this contract. VIII. Science Spectrum shall cooperate with and to the extent reasonably possible, coordinate its promotional activities with those of the convention and tourism service activities of the Lubbock Chamber of Commerce, to the end that unnecessary duplication of activities may be avoided and that each may benefit to the greatest degree possible from the promotional activities of the other. IX. This agreement shall terminate in all things upon the filing by Science Spectrum of the final quarterly report or audit due hereunder, in form acceptable to City and reflecting the last expenditures of the funds provided Science Spectrum under the allocations above described. X. That in the performance of all its obligations hereunder, the Science Spectrum and all its officers, employees, agents and contractors, shall in all things whatsoever act and be construed as acting only for and on behalf of the Science Spectrum and not as officers, agents, employees or contractors of the City of Lubbock. Science Spectrum further agrees to hold the City, its officers, employees and agents harmless from all liability to the extent of any damages proximately caused by the acts by Science Spectrum, its officers, employees, agents and contractors, in the performance of the activities proposed under this agreement. 1 December 15, 1988 Page 847 XI. Science Spectrum shall comply with all requirements as may be imposed by law upon those receiving such funds and in the event of any change in the Charter of the City of Lubbock, or of other material law, or in the judicial interpretation of either, that affects the ability of either party to perform this agreement, then in such event the parties hereto agree that this agreement shall, at the option of either party, be terminated by written notice and the parties to negotiate a replacement contract of such terms as shall conform to such change, if possible at law. EXECUTED THIS the 15th day of December, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita Harmon, Assistant City Manager for Public Safety & Services THE CITY OF LUBBOCK BY: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: James P. Brewster, Civil Trial Attorney SCIENCE SPECTRUM A Texas Non -Profit Corporation BY: /s/ Cassandra L. Henry Cassandra L. Henry, President BY: /s/ Carole Collier Carole Collier, Secretary On September 8, 1988, Joe McKay, Vice Chairman of the Science Spectrum Board, appeared before the Council to request funding in the amount of $250,000 from the Hotel -Motel Tax Reserve for Convention and Tourism Capital Projects. Council approved the request with the understanding that $125,000 would be paid October 1, 1989, with the balance of $125,000 paid on October 1, 1991, or sooner if funds were available. Resolution #2990 authorizes the Mayor to execute an Agreement between the City of Lubbock and the Science Spectrum which contains the following key provisions: 1. The Science Spectrum shall receive a total of $250,000; of which $125,000 would be paid on October 1, 1989 with the remaining balance of $125,000 paid on or before October 1, 1991. December 15, 1988 Page 848 2. The funds shall be used for expenses related to the purchase and installation of exhibits at the Science Spectrum including items such as display lighting, signs, literature, audio-visual equipment, and furniture, fixtures and equipment associated with the displays. 3. The Science Spectrum shall provide quarterly reports to the City on the expenditures of the funds received and the number of visitors attending the exhibits.. 4. The Science Spectrum shall, at their expense, provide an annual audit to the City on the expenditures and use of the funds under the terms of the contract. A copy of the Articles of Incorporation and a list of the Board of Directors have been filed with the City of Lubbock and City Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #2990 as recommended by Staff. Motion carried: 7 Yeas; 0 Rays. 88-47B-848-743 (34.) Consider introduction of proposed amendment of Rule III A (1) (Meetings) of the Order of Business Rules and Procedures Manual concerning the meeting times of the City Council of the City of Lubbock. Council rules currently call for work sessions to begin at 8:00 a.m. on Council meeting days and for the formal session to begin at 9:00 a.m. It has been suggested that these times be moved back to 9:00 a.m. for work session and 10:00 a.m. for the formal session. In order to make those changes, Council rules require that the proposed change be submitted to Council in a formal meeting, and that Resolution adopting the change be authorized at a later meeting. The Legal Department indicated that the practice of holding Zoning Public Hearings at 9:30 a.m. has been a matter of tradition rather than a requirement of the rules. Consequently, no change of rules would be required to begin holding the Hearings at 10:30 a.m. Councilman Phillips asked if Council could begin Work Session at 8:30 a.m. to handle regular agenda items, then come back and finish discussion of the items after completing the regular agenda. Councilman Carpenter was opposed to this. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to place on the next Council agenda a Resolution amending Rule III A(1) (Meetings) of the Order of Business, Rules and Procedures Manual regarding meeting times of City Council. Motion carried: 7 Yeas; 0 Rays.