R-10-01-28-10G4 - 1/28/2010RESOLUTION NO. R -10-01-28-10G4
WHEREAS, the City of Round Rock has adopted a Hotel Occupancy
Tax in accordance with V.T.C.A., Tax Code §351.002, and
WHEREAS, the City evaluates funding requests from local
agencies to help fund community events which will directly enhance
and promote tourism and the convention and local hotel industry, and
WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the
City has received a request for event funding from the Sam Bass
Community Theatre Association ("Agency"), and
WHEREAS, the City Council hereby determines that the requested
funds will be used for the encouragement, promotion, improvement,
and application of the arts, relating to the presentation,
performance, execution and exhibition of major art forms, and
WHEREAS, the City Council desires to enter into a Hotel
Occupancy Tax (HOT) Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Hotel Occupancy Tax (HOT) Funding Agreement
with the Agency, a copy of said agreement being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00180701.DOC/rmc
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 2 8th day of January, 2010.
ATTEST:
Ev/i/vt, bt,e,i/vbe
SARA L. WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK
HOTEL OCCUPANCY TAX (HOT)
FUNDING AGREEMENT WITH
SAM BASS COMMUNITY THEATRE ASSOCIATION
• ►
EXHIBIT
vit
„A„
I
This City of Round Rock Hotel Occupancy Tax (HOT) Funding Agreement (herein
referred to as the "Agreement") is by and between the City of Round Rock, Texas (herein
referred to as the "City") and Sani Bass Community Theatre Association (herein referred to as
the "Applicant"). Pursuant to the terms of this Agreement, and responsive to the Applicant's
2009-2010 Application/Request for Funding, the City hereby agrees to allocate the sum of Five
Thousand and No/100 Dollars ($5,000.00) to the Applicant to fulfill the statutorily -allowable
purposes outlined by the City and by the Applicant herein.
1,1
Purpose. The City has in good faith determined that funding under this
Agreement meets the purpose and requirements of V.T.C.A., Tax Code § 351.101
et seq., as amended, for expenditure of revenue from the municipal hotel
occupancy tax. Revenue derived from this tax and allocated to this Applicant
shall be expended in a manner directly enhancing and promoting tourism and the
convention and hotel industry.
Use of Funds. The Applicant agrees that the funds provided to it by the City will
be used solely for the following: the encouragement, promotion,
improvement, and application of the arts, including instrumental and vocal
music, dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft arts, motion
pictures, radio, television, tape and sound recording, and other arts related
to the presentation, performance, execution, and exhibition of these major
art forms.
1.2 Distribution of Funds. The City will pay the total sum of Five Thousand and
No/100 Dollars ($5,000.00) to the Applicant on or after the date that the City is in
receipt of all necessary documentation, and the funds have been approved by the
City for disbursement.
1.3 Return or Repayment of Funds. The Applicant expressly acknowledges and
agrees that it is legally responsible for returning, within sixty (60) calendar days
from date of the funded event/activity/facility expenditure, any funds not spent on
the approved event/activity/facility, and/or any funds spent but not supported by
proofs of payment establishing actual costs, and/or any funds spent but which do
not mirror items outlined in the Applicant's completed Application/Request for
Funding, and/or any funds not spent in accordance with the governing statutes.
1.4 Relationship of Parties. Nothing contained herein, either explicitly or implicitly,
shall be deemed or construed to make the City or its designee the agent, servant,
I79s2orkg
or employee of the Applicant, or to create any partnership, joint venture, or other
association between the City or its designee and the Applicant. Alternatively,
nothing contained herein, either explicitly or implicitly, shall be deemed or
construed to make the Applicant the agent, servant, or employee of the City or its
designee, or to create any partnership, joint venture, or other association between
the Applicant and the City or its designee.
1.5 Principles and Controls. In administering the handling of contributed funds, the
City and the Applicant agree to the following:
a. The Applicant shall ensure that any contributed funds are spent to directly
enhance and promote tourism and the convention and hotel industry in this
area, and shall ensure that any contributed funds are spent in compliance
with guidelines and/or restrictions placed either upon the funds or upon
reporting of the funds by the City;
b. The Applicant shall operate lawfully under the laws of the state of Texas;
c. The Applicant shall notify the City or its designee of major programmatic
and/or administrative changes which could substantially affect the
Applicant's operation or use of the contributed funds;
d. The Applicant shall provide adequate liability insurance coverage for the
Applicant and the event/activity/facility expenditure, and does hereby
indemnify the City and its employees, designees, and agents from any and
all liability for any damage or injury caused to any employee, client,
patron, agency, visitor or guest of the Applicant and the
event/activity/facility;
e. The Applicant shall be responsible for generation of support for its
event/activity/facility and shall not rely in major part upon the City for
funding of its event/activity/facility; and
f. The Applicant shall allow the City or its designee to conduct any
inspections of the Applicant's premises, operations, and financial records
that the City deems necessary.
1.7 Term of Agreement. This Agreement is in effect for the City's fiscal year which
begins October 1, 2009 and ends September 30, 2010.
1.8 Entire Agreement. This Agreement constitutes the entire agreement between the
City and the Applicant. No oral agreements are in effect pertaining to this
Agreement. Any changes or modifications to this Agreement must be made in
writing in the appropriate form with the consent of both parties.
2
1.9 Assignability. This Agreement cannot be assigned or transferred in whole or in
any part without the express written consent of both the City and the Applicant.
Executed on the date below written by the following:
SAM BASS THEATRE ASSOCIATION
By:
uth. d Officer of Applicant
Printed Naine: / vI y j 1('8
Title: F,„, j
Date Signed: —
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date Signed:
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
3
DATE: January 21, 2010
SUBJECT: City Council Meeting —January 28, 2010
ITEM: 10G4. Consider a resolution authorizing the Mayor to execute a Hotel Occupancy Tax
(HOT) Funding Agreement with the Sam Bass Community Theatre Association.
Department:
Staff Person:
Administration
Cindy Demers, Assistant City Manager
Justification:
At the Council's direction, a City committee composed of two Councilmembers and staff reviewed the
application process for funding the arts out of a portion of the Hotel Occupancy Tax budget. The
committee also reviewed this year's applications for funding and recommends the Council approve
funding agreements for the following programs:
Arts Funding FY 2009-10
Organization
Sam Bass Com
Theatre
Williamson County
Symphony Orchestra
Round Rock Community
Choir
Round Rock Community
Choir
Program
Theater promotion;
facility maintenance $
Funding
Request
Amount
Amount Funded
Last Year to
Organization
Committee
Recommendation
Nine performances
Casual Classics Fall
Concert
Musical Mystery
Dinner
$ 4,000.00
$ 7,500.00
$ 5,545.00
$ 3,000.00
$ 8,000.00
TOTAL
$ 22,045.00
3,000.00
$ 4,000.00
$ 4,000.00
$ 16,000.00
Strategic Plan Relevance:
"Recreation, Arts and Culture" is one of seven strategic initiatives in the City's Strategic Plan with the
desired result being a range of arts and cultural opportunities available to residents and visitors.
Funding:
Cost: $5,000
Source of funds: Hotel Occupancy Tax revenue (already budgeted)
Outside Resources:
N/A
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
HOTEL OCCUPANCY TAX (HOT)
FUNDING AGREEMENT WITH
SAM BASS COMMUNITY THEATRE ASSOCIATION
This City of Round Rock Hotel Occupancy Tax (HOT) Funding Agreement (herein
referred to as the "Agreement") is by and between the City of Round Rock, Texas (herein
referred to as the "City") and Sani Bass Community Theatre Association (herein referred to as
the "Applicant"). Pursuant to the terms of this Agreement, and responsive to the Applicant's
2009-2010 Application/Request for Funding, the City hereby agrees to allocate the suns of Five
Thousand and No/100 Dollars ($5,000.00) to the Applicant to fulfill the statutorily -allowable
purposes outlined by the City and by the Applicant herein.
1.1
Purpose. The City has in good faith determined that funding under this
Agreement meets the purpose and requirements of V.T.C.A., Tax Code § 351.101
et seq., as amended, for expenditure of revenue from the municipal hotel
occupancy tax. Revenue derived from this tax and allocated to this Applicant
shall be expended in a manner directly enhancing and promoting tourism and the
convention and hotel industry.
Use of Funds. The Applicant agrees that the funds provided to it by the City will
be used solely for the following: the encouragement, promotion,
improvement, and application of the arts, including instrumental and vocal
music, dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft arts, motion
pictures, radio, television, tape and sound recording, and other arts related
to the presentation, performance, execution, and exhibition of these major
art forms.
1.2 Distribution of Funds. The City will pay the total sum of Five Thousand and
No/100 Dollars ($5,000.00) to the Applicant on or after the date that the City is in
receipt of all necessary documentation, and the funds have been approved by the
City for disbursement.
1.3 Return or Repayment of Funds. The Applicant expressly acknowledges and
agrees that it is legally responsible for returning, within sixty (60) calendar days
from date of the funded event/activity/facility expenditure, any funds not spent on
the approved event/activity/facility, and/or any funds spent but not supported by
proofs of payment establishing actual costs, and/or any funds spent but which do
not mirror items outlined in the Applicant's completed Application/Request for
Funding, and/or any funds not spent in accordance with the governing statutes.
1.4 Relationship of Parties. Nothing contained herein, either explicitly or implicitly,
shall be deemed or construed to make the City or its designee the agent, servant,
179820/jkg
R -t -al-2g-loef4
or employee of the Applicant, or to create any partnership, joint venture, or other
association between the City or its designee and the Applicant. Alternatively,
nothing contained herein, either explicitly or implicitly, shall be deemed or
construed to make the Applicant the agent, servant, or employee of the City or its
designee, or to create any partnership, joint venture, or other association between
the Applicant and the City or its designee.
1.5 Principles and Controls. In administering the handling of contributed funds, the
City and the Applicant agree to the following:
a. The Applicant shall ensure that any contributed funds are spent to directly
enhance and promote tourism and the convention and hotel industry in this
area, and shall ensure that any contributed funds are spent in compliance
with guidelines and/or restrictions placed either upon the funds or upon
reporting of the funds by the City;
b. The Applicant shall operate lawfully under the laws of the state of Texas;
c. The Applicant shall notify the City or its designee of major programmatic
and/or administrative changes which could substantially affect the
Applicant's operation or use of the contributed funds;
d. The Applicant shall provide adequate liability insurance coverage for the
Applicant and the event/activity/facility expenditure, and does hereby
indemnify the City and its employees, designees, and agents from any and
all liability for any damage or injury caused to any employee, client,
patron, agency, visitor or guest of the Applicant and the
event/activity/facility;
e. The Applicant shall be responsible for generation of support for its
event/activity/facility and shall not rely in major part upon the City for
funding of its event/activity/facility; and
f. The Applicant shall allow the City or its designee to conduct any
inspections of the Applicant's premises, operations, and financial records
that the City deems necessary.
1.7 Term of Agreement. This Agreement is in effect for the City's fiscal year which
begins October 1, 2009 and ends September 30, 2010.
1.8 Entire Agreement. This Agreement constitutes the entire agreement between the
City and the Applicant. No oral agreements are in effect pertaining to this
Agreement. Any changes or modifications to this Agreement must be made in
writing in the appropriate form with the consent of both parties.
2
1.9 Assignability. This Agreement cannot be assigned or transferred in whole or in
any part without the express written consent of both the City and the Applicant.
Executed on the date below written by the following:
SAM BASS THEATRE ASSOCIATION
By:
uth d Officer of Applicant
Printed Name: i „ti y r> r;;
Title: L^�
Date Signed: 1 -- - � 6
CITY OF ROUND ROCK, TEXAS
By:
1/31
an McGraw, Mayor
Date Signed: 1.Z2 t 0
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, P ROVED AS TO FORM:
L.
By:
Stephan . Sheets, City Attorney
3