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Home My WebLink AboutPR 19912: APPROVING CONTRACT WITH LAMAR STATE COLLEGE City of Port Arthur Finance Department Memorandum To: Brian McDougal, City Manager From: Andrew Vasquez, Director of Finance Date: October 7, 2017 Re: PR 19912 Recommendation I recommend that the City Council adopt Proposed Resolution 19912, approving a contract between the City, Lamar State College-Port Arthur and the Port Arthur Historical Society for the purpose of funding the Museum of the Gulf Coast for the 2016-2017 fiscal year in the amount of$246,336. Background The City providing funding for the Museum of the Gulf Coast in 1993 through Hotel Occupancy Tax Revenue. City funding, along with funding from Lamar State College- Port Arthur and the Port Arthur Historical Society, provides the operating budget of the Museum. City funding levels have increased over the years from $48,000 in 1993 to the current level of 246,336. Budgetary Effect Funds are provided in the 2017-2018 proposed budget to provide for the $246,336 support of the Museum, Hotel Occupancy Tax Account 140-1405-551.59-00 account, Project M97904. Summary I recommend that the City Council adopt Proposed Resolution 19912, approving a contract between the City, Lamar State College — Port Arthur and the Port Arthur Historical Society for the purpose of funding the Museum of the Gulf Coast for the 2017-2018 fiscal year. P. R. NO. 19912 JNP 10/07/2016 RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PORT ARTHUR, LAMAR STATE COLLEGE-PORT ARTHUR AND THE PORT ARTHUR HISTORICAL SOCIETY FOR THE PURPOSE OF FUNDING THE MUSEUM OF THE GULF COAST FOR THE 2017-2018 FISCAL YEAR IN THE AMOUNT OF $246,336.00,ACCOUNT NO. 140-1405-551.59-00, M97904 WHEREAS, the City Council recognizes that the Port Arthur Historical Society and the operation of the historic museum known as the Museum of the Gulf Coast are valuable assets in the community and serve a valid public purpose; and WHEREAS, pursuant to 351.101 of the Texas Tax Code an expenditure of hotel occupancy tax revenues must directly promote tourism and directly promote the convention and hotel industry; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is authorized to execute the contract attached hereto as Exhibit "A" on behalf of the City of Port Arthur with the Port Arthur Historical Society and Lamar State College- Port Arthur providing funding for a portion of the operating budget of the Museum of the Gulf Coast. THAT, the City Council deems the activities of Museum of the Gulf Coast to be consistent with the provisions of Section 351.101 of the Texas Tax Code as it directly promotes tourism and the convention and hotel industry. THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of October, 2017, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: ,t J26 6,3 Val Tizen City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager AVAILABILITY OF FUNDS: Andr Vasquez, CPA Finance Director Z:finance/resolutions/museum/updated.20 1 5.vt Exhibit "A" THE STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS; COUNTY OF JEFFERSON * AGREEMENT THIS AGREEMENT,made and entered into at Port Arthur, Jefferson County, Texas, between the PORT ARTHUR HISTORICAL SOCIETY (the "Society"), non-profit corporation, LAMAR STATE COLLEGE-PORT ARTHUR and the CITY OF PORT ARTHUR, TEXAS (the "City"), a municipal corporation; WITNESSETH: WHEREAS, the PORT ARTHUR HISTORICAL SOCIETY owns the building located at 700 Procter Street in the City of Port Arthur, Texas, for the operation of an historical museum known as THE MUSEUM OF THE GULF COAST(the "Museum"), with a purpose to collect,preserve,protect and display the history of Port Arthur and the Gulf Coast; and WHEREAS, the PORT ARTHUR HISTORICAL SOCIETY, LAMAR STATE COLLEGE- PORT ARTHUR, and the CITY OF PORT ARTHUR, in recognizing the importance of said museum and the benefits to be derived therefrom by patrons of the SOCIETY,the students, faculty, and staff of the State College, and the citizens and visitors to the preservation of the history of the City. Said museum is a direct enhancement of the hotel and tourism industry and it contributes greatly to the economic development of downtown have jointly resolved to enter into an agreement to provide operating funds for said facility; and WHEREAS,the City Council deems the activities of Museum of the Gulf Coast to be consistent with the provisions of Section 351.101 of the Texas Tax Code as it directly promotes tourism and the convention and hotel industry. WHEREAS, the CITY OF PORT ARTHUR has agreed to provide operating funds for the museum for the fiscal year in a sum not to exceed $246,336 said appropriation having been included in the City budget for the 2017-2018 fiscal year; and WHEREAS, the remainder of the operating funding will be provided jointly by the PORT ARTHUR HISTORICAL SOCIETY and LAMAR STATE COLLEGE -PORT ARTHUR; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein set forth, it is agreed between the parties as follows: THAT the PORT ARTHUR HISTORICAL SOCIETY agrees to operate the facility known as g THE MUSEUM OF THE GULF COAST for the benefit of the State College,the City and the public with the operating funds for fiscal year 2017-2018 being provided jointly by the PORT ARTHUR HISTORICAL SOCIETY LAMAR STATE COLLEGE-PORT ARTHUR, and the CITY OF PORT ARTHUR and any other entities or persons that agree to provide a portion of said funds. THAT, the CITY agrees to fund the PORT ARTHUR HISTORICAL SOCIETY a sum not to exceed 246 336.00 for the 2017-2018fiscal (October 1 2 1 through September 30, 2018 . $ year0 7 t ou g p ) Provided however, said sum shall be reduced if any other entities or persons in addition to the CITY, the SOCIETY and COLLEGE agree to provide a portion of said operating costs. THAT, the SOCIETY hereby agrees to use the funds payable hereunder from the CITY in accordance with the budget attached hereto and incorporated herein as Exhibit "A-1" and said funds shall be used only for public purposes. THAT, the SOCIETY shall keep books of account on all Museum expenses and revenues and shall submit a financial report to the CITY reflecting all receipts and disbursements by the SOCIETY to operate the Museum. THAT the City Manager or his designated representative shall have, upon reasonable notice, the right to inspect all books and records of the SOCIETY. THAT upon termination of the operation of the Museum or dissolution of the PORT ARTHUR HISTORICAL SOCIETY,the Society shall deliver to the City all funds paid under this contract that have not been expended in accordance with this contract. Signed and agreed to on the day of , 20 . PORT ARTHUR HISTORICAL SOCIETY By Sam Monroe, President Signed and agreed to on the day of , 20 CITY OF PORT ARTHUR, TEXAS By Brian McDougal, City Manager Signed and agreed to on the day of , 20 . LAMAR STATE COLLEGE - PORT ARTHUR By Betty Renaud, President