HomeMy WebLinkAboutC2007-457 - 7/24/2007 - ApprovedPage ~ of ~ ~
ACRE~~IENT BETI~EEIV TFIE CITY of oI~PU l~RlTI A~~
oUTI~ T~~CA ~oTA~IAL ADEN IVAT~R~ ENT~I~ ~"RECIPIENT"~
(HOTEL OCCUPANCY TAX REVENUE
RECIPIENT AGREEMENT)
The Mate of Texas
~I~ow SILL 61~ THESE PRESENTS:
County of Nueces
This Hotel occupancy Tax Revenue Recipient Agreement ~"Agreernn#"} is made end
entered into by and between the City of Corpus Christi, a Texas h~rne-rule ~unicipai
corporation ~"City"}, voting through its duly authorized City Manager or his designee
~~ity I~ana~ger~}, and youth Texas botanical Gardens ~ Nature Center, 54~ .
Maples, Corpus Christi, Texas ?84~ ~"~eipie~t~}, a Texas nonprofit corporation,
qualified as a 501 ~c}~} organization under ~g J.S.C. section X01 {c}~},
Illlhereas, the pity has allocated o 000.04 in Hotel Gocupancy Tax revenue ~"Grant
funds't} to enable Reclpler~t to perform those activities described in E~chiblt ~;A"
~~Activities"}, a copy of which is attached to this Agreement and incorporated by
reference;
Vl~hereas Reoipier~t desires to provide those activities that prv~ote tourism and the
convention and hotel industry within the City of Corpus Christi, a the sole or
contributory producer of the activities described ire ExhMbit "~1" ~"Activities};
~Iheres, City has determined that there exists a genuine need for Reclplent's
Activities in the City of Carpus Christi and wishes to encourage the production of
ReciPient'e Activities through the funding of these Activities;
h#ow, therefore, City and recipient agree as follows:
~. Purpose: The City desires to expend funds from the City's Hotel Gccupancy Tax
Revenue to fund activities produced bynon-profit, comrnunit~oriented organizations,
specifically those programs that pror~ote the arts and~of those programs which also
promote tourisrrr and the convention and hotel industry within the Ci#y of corpus Christi.
II~ Te~m~ This agreement commences on the 'I t day of August, X007 and terminates
on the ~ day of duly, ~OO~.
Ill. City'a ~uties~ City agrees to pay recipient ~o,ooo.oo on a reimbursement basis,
out of revenue frorr~ the City of Carpus Christi's Hotel Gccupancy Tax fund for use in
accordance with section IV below. In no event gill City be liable for an amount in
excess of this grant amount. City will reimburse Recipient upon City' receipt and
review of Recipient's request far reirnbursernen#.
~~~~~~~
ord. 4~735~
o~~~~~a~
o, Tx Botanical arden~
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III. Recipient's Duties. Inconsideration far receipt of grant funds an ~ reimbursement
basis, Recipient agrees to perform those activities described in the attached and
incorporated Exhibit "A'~. This performance shall include #hose activities that are
eligible for funding under section 3~ .1 ~~ {a~ of the Texas Tax Cade and those activities
that are ineligible far funding under that section of the Texas Tax Code but are inherent
in and essential to the successful production of Recipient's Activities. Recipient shall
submit requests for reimbursement on a quarterly basis to Budget Director.
v. Eligible Ac~vities. else of grant funds by Recipient is limited to those activities
that, without exception, meet alI three of the following requirements:
{A}the activities are described in the attached and incorporated Exhibit "A".
~B} the activities are in the categories Chet are eligible for funding a described in
section 1. ~ ~~ {~~{3~ and ~4} of the Taxes Tex Code, copy attached a ~~xhibit
B~,
{~ the activities promote both tourism end the convention and hotel industry
within the pity of Corpus Christi,
111. l~ror~odon of Tourism and the Convention and #~otel Industry. Recipient must
actively promote tourism to the City and the City's hotel and convention industry as a
gaol of Recipient's Activities. This mad be accorr~plished by working to increase the
number of out-of-torn program attendees through target promotion and by ~rarking with
the Ivcal Hotel~Motel and Condominium Associations.
1111. Domple~or~ Report Recipient must submit to the City's Director of Management
and Budget ~~Directo~'~ a completion report {"Report}, no Teter than thirty ~~~~ days
following the terrninatian of this Agreement. The Director, or his designee, shall review
this Report to verify whether the grant funding provided to Recipient was spent in
accordance with the requirements in this Agreement. The Report must include the
following criteria:
~A~ 1JVritten assurance to City that alI Activities funded by the City served to
promote tourism to the community, This shall be evidenced by providing the City
with a v~-ritten description of Recipient's rr~arketing ar advertising strategy.
~B} Fora#i Activities funded by the City, Recipient must submit to the City a
written estimate of the number of Recipient's Activities attendees that reside
outside the territorial limits of the City of Carpus Christi. This may be
accomplished by the use of a visitor Tog, by tallying the number of aut~of~town
billings or by listing the out-of-tovrn mailing addresses gathered through the ticket
sales process.
{} An estimate of the total Activities attendance.
{D} A statement of Recipient's Activities revenues and expenditures.
C:1Documerrts and Se~kingsl~stlMy Do~merr~SlBoar~ ~r~#alFinarraallCi~y of Corpus Chri~7 Hotel Tax Reapie~n# Agrnt Botanical Cardens.~oc
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VIII. Reaards Refiention. Reaipient must at all tunes during the terra of this
Agreerr~ent, and for three years following the expiration of the Agreement, keep true,
accurate, complete, and auditable records. Recipient agrees to:
~A~ at least annually make periodic reports to the City of its expenditures frarr~ the
grant funds given under this agreerr~ent; and
~B make records of these expenditures available far review to the pity.
Ix. D~b~reernent of Lunde. Reoip~ent understands and agrees that payment by the
City of Grant funds under this Agreement i contingent upon Reoip~errt'e full
compliance with the requirements of t#~i Agreement. should Director determine within
five years frarn effective date of this Agreement that Recipient has failed to campy with
the requirements contained 'rn this Agreerr~en#, the Agreement i subject to termination
in accordance with ectian X1111, listed below, and all grant funds must be repaid to the
pity.
. l~r~expended fund. Upon termination of this Agreement, Recipient must promptly
refund to City any unexpended grant funds.
xl. Adverde~n~. Reciplerrt must recognise the City of Corpus Christi as a contributor
on ail adver#isernents and publications regarding Rec~~ient~s Activities. Reoipient
must provide director with ~ copy of all Recip~e~t~sponsared advertising end promotion
materials regarding its Activities.
ill. Modificadon~ and ~Il~ivers. No provision of this agreement may be altered,
changed, modified, or waived.
xllt. Reladorral~ip ~etvveerr Pardee. Nothing in this Agreement shall contitu#e a
partnership, point venture, or principal-agent relationship between the parties.
~CIV. orr~p~iance v~rith I.,aws. Rec~p~ent shall observe and obey ell applicable lags,
ordinances, regulations and rules of the Federal, state, Country and City governments.
This Agreement is subject to applicable provisions of the City Charter and the City Code
of ordinances.
x11. Nvn~discrinninadon. Recipient shall not discriminate, ar permit discrimination
against any person ar group of persons, as to er~playment or in the provision of
services, activities, and programs, Uiscrinrination as itpertains tothis section includes
discrimination onthe basis of race, religion, national origin, sex, disability, or age, or in
any other manner that is prohibited by the haws of the United states ar t#~e state of
Texas. Director retains the right to take action deemed necessary by Director tQ
enforce this non-~inrin~ina~tian covenant. Iliolat~an of this provision vuill result in the
immediate terrninatian of this Agreerr~ent.
XVI, ,Indemni#y. To the extent allowed by Texas taw, Recipient hereby
fu11y agrees to indemnify and hold harmless the City of Corpus
C:IDocumee~ ark Seri [mer~tslBoar~ ~nbl~inancla~Clty of ~ Cf-rist~~~7 Hotel fax Recipient Agm# Botanical Gar+der-a.~oc
~a~e 4 of ~ ~
Christi, its officers, employees, representafives,licensees, and
invitees ("indemnitees") against any and all liabilify, damage, loss,
claims, demands, and actions of any nature due to personal injuries
including, but not limited to, workers' compensation and death
claims, or any property loss yr damage of any kind, that arises ou# of
or is in any manner connected with, caused by, either proximately or
remotely, wholly or in part, or claimed to have arisen ou# of, been
connected with, or have been caused by, any act or omission,
negligence, or misconduct on the part of lndemnitees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees participating in or observing
Recipien#'s Activities. Recipient further agrees to indemnify and hold
harmless lndemnitees in ar~y situation in which injury or damage
results from a violation by the lndemnii~ees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invii~s, of any law, statute, ordinance, or
government order of any kind. Further, Recipient will indemnify and
hold harmless Indemnitees where injury or damage results or arises
ouf of the exercise or rights or performance of obligations created by
this Agreement
These terms of indemnification are effective regardless of whether
said injuries or damages result from the sole negligence, cont-ibutory
negligence, or concurrent negligence of -ndemnitees. Recipient must,
at its own expense, investigate all claims and demands, a#tend to their
final resolution either by sei~lemen# or otherwise, defend all actions
wf#h counsel sa#isfacfory to -ndemnitees, and pay all costs and
expenses related to such actions on account of liability, damage,
loss, claims, demands, or actions, including at#orney fees.
~ivii. Termination.
~A~ The pity may terminate this Agreement for any of the following reasons:
~~ }The City may immediately terminate the Areerrtent due to any
violation by Recipient of section 111 or XV of this a~reemer~t.
~} The pity may terminate this Agreement due to #ailure by the Recipient
to substantially perform the Activities described in Exhibit "A". Directar
has the sole discretion to make the determination that rent funds were
used for activities that did not tali ~rithin the perrrritted appiications of tax
revenue under eon 5~ . ~ ~~ ~~~ o~ the Tax Code. The pity may
C:laocuments and Se#tin~sltestlMy ~oa~rner~t~lBa~rd Ir~ol~inandail~~y ~ Corpus Ch~~oo~ Hotel Yax Reapier~# -~m# B~ta~il ~ard~ns,doc
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terminate the Agreement upon thirty ~a~ days written notice, specifying
that the ~irectar has determined that grant funds were used far purposes
other than those allowed under Section ~1. ~ ~1 ~a} of the ~"ax Code, end
require Recipient to reimburse the City all grant funds award. Should
Recipient and Cirector agree on ~ modification to the activities specified
in exhibit "A" and execute a written modification in compliance with
Section III of this Agreement, the City will not terminate the Agreement
due to Recipient's failure to adhere to the original, superseded contract
terms.
~} The City may terminate this Agreement due to Recipient's use of
grant funds to pay for activities other than those qualifying as eligible
Activities under section V of this Agreerr~ent. Director has the sale
discretion to make the determination that grant funds were used for
activities other than those qualifying a Eligible Activities. fihe pity may
terminate the Agreement upon fourteen ~~ 4~ days written notice, and
require Recipient to reimburse the City ail grant funds awarded.
~B~ Recipient may terminate this Agreement without cause upon thirty X30}days
written notice to City. If Recipient cheeses to terminate the Agreement,
Rec~p~ent must repay all grant funds awarded, whether thane funds were
e~cpended on Eligible Activities or not
i~11111. everab~lity. If any term or prevision of this Agreement or its application to
person or circumstance is determined to be illegal, unenforceable ar invalid, the
remainder of this Agreement will not b affected by that illegality, unenfarceability, or
invalidity. ~'~ the extent passible, similar legal, valid, and enforceable terms will
automatically be substituted far those that era found to be illegal, invalid, and
unenfareeabta.
xliC. ~~rce Illla~eure. Vllith respect to any duties, obligations, ar covenants {bud riot
fr~cf~a~ir~~ the orpfet~o~ ~?e~ort re~~~r+e by ectior~ Vfl~ to be perfarrned, or
consideration to be provided to either party during the term of this Agreement, the perky
so obligated shall, in no event, be liable far failure to perform when prevented from
doing sa by any cause beyond the reasonable control of that party including, without
fiimitation: strike, IoclCOUt, breakdown, accident, order or regulation of any governmental
authority, failure of supply, inabilify, by the e~cerise of reasonable diligence, to obtain
supplies, parts or employees necessary tv perform services, or because of war, natural
diester, or ether emergency. The time when that duty, obligation, or covenant must be
performed or consideration must be provided will be extended far a period of time
equivalent to the delay due to the cause beyond the central of the party obligated.
xJC. No~ces. All notices, demands$ requests, o~ replies ~"aamrnunicatians~~ provided
for or permitted under this Agreement by either party must be in writing and must be
delivered by one of the foilawing methods: ~~ ~ pe~anal delivery; ~~~ deposit with the
United Mates Pastel Service via certified or registered rail, return receipt requested,
postage prepaid; ~} prepaid telegrann; ~4}deposit with an overnight e~cpres delivery
~:1Documsnts and Set~ngslbestl~ly Dac~mer~tslBaard ~rtfolFinarl~~IGil~r of Cons Chris~~oo7 Heel Tax ~eap~ent Amt-~tanical Ga~der~s,doc
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service, far which service has been prepaid! or ~~ fax transmittal. Notice deposited with
the Uni#ed states Postal service in the manner described above will be deemed
effective two ~~ business days after deposit with the united Mates Postal service.
Notice by teiegrarr~ ar overnight express delivery senr~ce in the rrranner described above
wirl be deemed effective one ~~~ business day after tranrnision to the telegraph
company or overnight express carrier. Notice by fex will be deemed received upon
transmission with proof of delivery to the receiving pay All communications must be
rude to;
~f to city:
pity of corpus Christi
Budget Director
P. ~. Box ~~~
carpus Christi, T~ ~84~g-g~7~
X31 ~ S8g-~4~
If to ec~pient:
youth Texas Botanical hardens Nature Renter
Attn: executive Director
854 . Maples
corpus Christi, Texas 7~4~3
Fax; 8~-~8~~
Hither party may change the address #o which notice is sent by providing notice a
described above. recipient must notify pity of an address change within thirty fig}
days niter Recipi~~t'a address has changed.
xxi. Waivers. The failure of either party to complain of any act or omission an the part
of the other party, nv matter how long the same may continue, will not be deemed a
waiver by said party of any of its rights a enumerated in this Agreement. No waiver of
any covenant or ndition or breach of any covenant or condition of this Agreement by
either party at any time, express or implied, will be taken to constitute a waiver of any
subsequent breach of the covenant or condition. Notwithstanding any indulgence of
any breach by the recipient of the provisions of this Agreement, it is expressly
understood that the tty may at any time avail itself of its remedies under this
Agreement, 'including the right to terminate the Agreerr~ent on account of breach or
default.
xxil. Bntirety. This Agreement and all exhibits attached constitute the entire and sole
agreement between the parties regarding the subject matter described in this
Agreement. No other written documents or oral representations will have any force or
effect on t#~e subject matter of this Agreernenti
C:1C~cuments aid SefbsltestlMy pocumer~sl~oa~d Ir~OlFinandallClly of Corpus ~sti1~0~7 Hotel Tax Reclpie~# ~m#•Bo~anical Garde~s.doc
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xxl~l. captions. The captions contained in this Agreement are not ~ part of this
Agreement and ~~ not in any way affect or alter the terrrrs of this Agreement.
x~lll. la-sirr~e~t. phis Agreement may net be, in whole or in pert, assigned or
transferred directly ar indirectly without prior written consent of pity.
executed in duplicate, each of which will be considered an original, on the f~ da
Y
of .,.. , Vogl.
ATTEST•
Armando Chapa, City S retary
CI OF CORPUS CHRISTI
e rge K. Noe, City Manager
~IPPRoU'~~: ~ ~ , ~~g7
4
Lisa Agu{iar
Assistant pity Attorney
i"or pity Attorney
^~ii i
~.
t
iRR.ffli~f*~~
~~~~ ~ ~
SOUTH TEXAS BOTANICAL GARDENS & NATURE CENTER
~~ C
BY: /~I- ~G~1.4-EG~ wa .r-•9-c1C~
Tithe: ~ ~, ~
STATE OF TEXAS
COUNTY OF NUECES
_n~,
. #
~ N ins u e t a ackn d ed bar me on ;~ ~~~~ h
,y
~ s ~ ~tle} of the youth Texas botanical hardens &
Nature tenter, a Texas non-pro rt corporation, qualified as a ~1 ~o o anixation
~~ ~
un 2~ U.S.Q. ctior~ 0~ ~c~~}, on behalf of the corporation.
`*y~14~ 'j +~ y
:~
t*' ~` MY ~M~f~$~~~I~ ~IiPIA~B
Notary Public, Mate of Texas ; r ~~ , +,~r~i ~o~i
Printed Name
orr~n~ision Expires
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~es~r~ tion of R~~~. ien~' s ~ictivitie
C:laocuments and Set~in~SltestlMy mentalBoar~ ~r~folFinanaallC~y ~ C,orpus C~risb07 Ho#el fax Rec#p~ent AgmtiB~tan€ral Gardens.d~c
2007-2008 Hotel Occupancy Tax Budget
South Texas Botanical Gardens & Na#ure Center
T~ta! A~~oction: ~D,~o~
Applicable l~~~fceti~g ~udg~t: $4~ ,$~4
Additi~~na~l Apt E~chib~t Bud~~t: 2,00
Tail Iarkefing~Art ~ud~et: 44,4
HOTEL OCCUPANCY TAX 2007-2008 ITEMIZED BUDGET
TII~#TIq~AL ~IAI~~GETII~ T~ T~l~~~TS
Texas ITravel ~isc~unt ~~re~tory 0.~~
Dfrl~uftor~: 5ubs~~ibers of texas Nl~f~ways l~~~a~ir~e
t~: ~~1~l~~ ~?~W V~Sl~ol"s, ~~~OLfI~~~ 8dd~~~41~~~ ~ n1~~tS ~~1~~#~~ ~~#~nd~~ s~~yS,
8~d t~fC~i ~I~~,S,
Coastal Bend ~e~on~l Tours Caun~~! Calo~ To~risnl guide ~~5.~0
~~5~~0~~ ~~~ ~15~~~~'s l0 ~~~, ~~s~l7~~d ~~ ~~] ~~XBS ~~1~~5 Of ~~~1~1
D4~~ 1~~#fdC~ 1~@ lll~~~, 4~l~COf~l~~e ~dd~n8~ ~?0~31?x~~~S ff?~D~J~~1 ~~cl9r~ded Shy,
AI~C~ ~~ ~I"~pf
~e~~h ~- 8~y Cuide ~ page ft~l~~or ad $ ,~~~,~Q
~~#'~~~1#~01~: ~~~,~ G ~0 L`~~V~f~~lon plann9r ~~?~ !1?d~vld~1~~ ~QIIII'
~: ~4~I~1C~ n@IN V!$~~~la~, 9~~I~~~ ~d~~~l?~~ f 00l'~ f?~~1~'S ~~~~~~ ~~~~1?{~9d st~jls,
~~~, ~~1 Antonio T~ll~~~'I guide ~o~p~~~ll~ rid ~ ~5~,~0
COOperstl~f~ ~~ Wi#~ ~~~ ~~~Cllol~s; iY1- an~~a~~y
~Dls~r~~u#far~: ~n~ra1, fan Ar~tonro Parke#, ~rov~ded #a I~ate1 ~e ~n fan -4~lonr'e
Anal; ~#tra~l ne~v visifors, e~r~n~~e eddifiar~a- ~aa~ -~tg~his #~~u~i~ exfer~ded stays,
er~d ra#u~n tr~ps~
Cooperative Ads with other Any Attractions for Aus~nlHoustonfHVai%y Markets 4,00~.0~
Print marke~~r~g ~~ new glor~a w1#~ other a#lrac~inns
111IT~R' UtD~, vrp~s Christi $ 3,~aa,00
~ls~nlb~#tor~: ~lr~iversalt #~~fs~ uesls ire Corpus Clirisii, ~iorr
oaf: ~nco~rra~a eddilr'ar~ai room rtigf~ls #frrou~lr extended s~~ys, ar~d rel~m tr~jvs,
V11T~~' 1~E, N~ust~ng Island 9,~~O,o~
pia#nib~#lorr; f 1~iv~r~, ~I~~~ ~re~~ ~r~ ~l~rs~~r~g~ ~~~naU~a ~ra~~a~, ~i~r~
Coef: Ln~ar~re~e edd~~or~el -~orn r~i~~ts l~rough extended slays and 1~ ~rrps.
American Ban~C Center CD RDM fir Booking InIO Requests ~ 5D.0~
~c~: ~aetin~ ~o cvrrr~~or~s making Corpus Christi mars aE#raclive wr'#~
va~iely o~#~urls at#raclior~s aid to erxcau-~age ad~ilrai morn r~i~rhts #hro~r~fr
exler~dad stags ar~d ~a visits.
C~~ Tradeshaw Coop Pkage $ 800.E
Gil: a~keting to pond oonvent%r~s by CI~B al nat~ar~~v#~a frades~ows
Map Niarcetin~ for Tourists ~~~,0p
~lriban; ~Ir~i~~erl, I~olei guests in or~r~s Chrrs~i, ~4agior~
oaf: ~Enurage addillanei rn r~ighls th~o~~h extended slays and ~lu~ !rips.
~~~~~ ~~~~~~1~
l~e~si~e DeSi~ n ~ -
Websr' des~~ ~~ C~Ir~I?~~1 ~31~V~C~9~ ~~'~-~~~~ ~y fOC~~ ~!
~~s~~b~#1vr~: ~lnlveral
I~Ilehsite I~ost'rnglRegistration Anrruai Feea ~~0.0~
~~temet Monthly Fees ~~0°l~ of annual fees} $ 550,00
Access ~ ~pda~e wed lnformat~n ~r~d ca-~rn~rnrcaflcn ~vr`th ~o#en~r'al #vun~sts
vta en~a~l
instant Con#aot Bmail Noti~rtion Service ~50°l~ of~annuai Bees} ~g0,gp
Goal: ~~rcoug~e yew and return vis~to~s by providrr~g r~orr~~y email
av~~atio~rs of spec~a~ ~venfs
I~ARICET~NG ViA ~NTD BRGCHU~~
4 ~~~~' ~~'~Cl~l~t~, ~ year ~3~~nt~n~ $ ~,545.do
~lS~1D~?. 41~~v~i ~l~ 1 Q~~~7~~1 17~~~~r~ ~~ ~~~~a~r Vfl~~~~ ~~~~~~
rte: ncor~rage af~lOna~ J'~7of~ R~~~ ~~ e~l~d@~ ~~]1 ~~d f111T? ~r~~s
eked Brochure Distribu#io~ ~t"lotels, ~iisi~or banter's, etc. ~ ~Op,00
D~strrbu~ior~ of ~roc#~ures fo visi~ar Cen~ers,l~olels, etc}.
Goa~# ~aourage addi#iorra! room ~b~ ~r~~~b exfer~ded stays and re#~rn ~rrps
~ ln~l Airr~ Broc~ure Rack ~ 4~0, 00
~Drstrtb~lron of ~~iure to V~sito~s atAlr~or~
~~: ~nco~ra~e eddltr'onat morn nlgf~ts ~r~~gh ex#~r~dea~ stays acrd rely #~ips
~ARfC~TI~I TH~GUGH ASIAT~ ~14~TIClPATIOIiIE~~BH~P;
Texas Tavel Industry Association Membership ~~~,00
~~ganiret~t marke#lrrg member ~'exas tour~~rn a~~alves ~ entire spa#e
American H~ Sieiy Member~l~ip ~QO.oO
~r~courages v~sttor from Af ~ members and members ~~ other botanr'cal gardens
tlrro~gi~ ~a#tonal n~c+procal r~err pn~gra~r - advertlse~ thror~gi~ their webslte
and brhures.
American Public harden AaSOiation M~mbersh~p ~~,~~
features er~~ers 1e mews%t#ers ar~d wabsite, ~otentrai to madcet for
regiorrai mee~ing~s
Hospi#ality Saies ~ arke#~ng Association, N#em~ership ~ ~po.o0
iVetwcrlrir~g ar~d caor~lr~atlorr ~f #o~rr%# even#s arrd marketing
~c. Travelfl~ea~s for Associat~~ ~etin~s ~QO.Oo
efwork#r~~ and coQ~#~r~s~~or~ of #ourrs~ even#s ar~d marke~~~rg
~IA~~t~TiN NAT[!~E T~~RIM THR~~H FEST~IA~,
~~~~~~V~~ i8tewrde Il~~~l Qj ~~Q~~~~j ~~~ ~~~4f~ G ~~~Li~~~~1i ~~~V~1~~I~~~~ Y~~7~~~~
~` ~~~~/ ~~T1~i1 M~~i3.
Goal: ~~rcar~re addrfiarrai !'oof~i ~~gltts trough extern stays arrd r~tr~m
Rockport HumrrrlBird Fest~ral Booth ~ 1'4.00
Porgy Aransas V~hooping crane and Birdin~ Festiv$I Booth ~ t~o,o4
oasts! Bend Travel Fair ~O~oO
~'ra--el & Meals for ~rrtpbyees to Festivals ~ ~50,Da
Disc, Trav~i - i~aturo Tourism initiatlve1~11BPH~IIS~4 ~ 3ao.oo
~~~~~~ V ~
direct ~~rk~~"ng to ~ar~venti~n~, Tour roup~, ~#c ~M~ter~afs P~~ta~e~ ~ ~,pp~.~p
~ALI4RY~At3~I~V~STR~~'~~~d {~T.
~~o ~t~1~fS~'~1~#~~~ n?~n~~1 f'1~~5 ~~8~~~r ~IQ~
~5~6 ~Vr~~e and ~les~~n ~r ads, bro~~r~r~st r~ewsle~#e!~
5 end ~v~r, ~ate~, r~~el~p#~r~~r ~#C~
X90 ~es~ivaf~ & r~ark~~ing~ fo c~nver~#ror~ ~o~r~, ef~.
~~ ~~~~nr' ~ ~V~ {i~r~~ud~ oes~af ~~ ire ~`~rs~ ~~~ia~ir
Execu~rre ~i~c~t+~~ (~lo o~ ~al~rY~ ~,~~5~4~
Y~~~~~ ~~ ~~~~ ~]~~~ ~Ya~~ ~~~~~~ ~~~~~a~~~~r
T~TAI. T~U~11` N~RK~T~~~ ~l#~G~T $4~ ~~45,~~
~~r ~u~~T
~fam~nga F~n~~t~~a ~~r~r~r~al~~r# ~or~~es~ e~s~r~~rer x~irbr'~ f~~t~~rrg arsc
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~~C~I~~IT B
Taxes Tax Cade
~ ,10~ . U~ ~ TAX ~~1l~NU~.
a} revenue from the Municipal hotel accupancy tax maybe used only to promote
tourism and the convention and hotel industry, and that use is lirr~ited to the fallowing:
{~ } the acquisition of sites far and the construction, improvement,
enlarging, equipping, repairing, operatian, end maintenance of convention center
facilities ar visitor infarmation centers, or bath;
~~} the furnishing of facilities, personnel, and materials for the
registration of convention delegates or registrants;
~~ advertising and conducting solicitations and prarnotional programs
to attract tourists and convention delegates or registrants to the municipality or its
vicinity;
~4~ the encaurager~ent, promotion, improvement, and application of
the arts, including instrumental and vocal music, dance, drama, folic art, creative writin ,
g
architecture, design and allied fields, pa~nt~ng, sculpture, photography, graphic and craft
arts, motion pic#ures, radio, television, tape and sound retarding, and ether ar#s related
to the presentation, performance, execut`ran, and exhibition of these rnajar a~ forms;
~} historical restoration and preservation pra~ects or activities or
advertising and conducting solicitations and promotional programs to enoaura{/!~1~]~e tourists
^ y i . ' R tiR
and convention delegates to v~srt preserved h~tonc s~#e or museums:
{A} at or in the irr~rnediate vicinity of convention center
facilities or visitor information centert ar
~B} located elsewhere in the municipality yr its vicinity that
would be frequented by tourists and convention delegates;
~fi} for a municipality located in a county with a population of one
million or less, expenses, including promotion expenses, directly related #o a s ortin
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event ~n which the majority of part~c~pant are count who substantially increase
economic activity at hotels and rnotefs within the municipality or its vicinity; and
~~~ subject to Section 3~ . ~ 4~6, the promotion of tourism by the
enhancement and upgrading of existing spans facilities or fields, includin facilities or
g
fields far baseball, softball, soccer, and flag football, if;
~A} the r~uniciality awns the facilities ar fields;
~B~ the municipality;
~i} has a population of a,aa~ or mare and
i located in a aunty that has a population of ~O,gO~ or less; ar
iii} has a population of at least ~,OOg but
net mare than 70,gDg and i located in a aunty #hat has a
population of ~ ,Ogg or less; and
{C} the spots facilities and fields have been used, in the
preceding calendar year, a combined total of mare than ~ g times for district, state,
regional, or national spans tournaments.
C:ID~cuments ar~d Settingslt~stWly Docrrn~r~#s~Boa~tl infol~ir~ancll~ity of Corpus ~f~r~s~'l2U0~ Hotel Tax Recipient Amt-ci Gardecs.~cc
gage ~0 of ~ ~
fib} revenue derived from the tax authorized by this chapter shall be expended in ~
manner directly enhancNng end promoting tourism and the convention and hotel industry
as permitted by Subsection ~a~. That revenue may not b used for the general
revenue purposes or general governmental operations of a rnunicipaiity.
~c~ The governing body of a municipality by contract may delegate to a person,
including another goverr~r~ental entity or a private organization, the rna~nagernent or
supervision of programs and activities funded v~ith revenue from the tax authorized by
this chapter. The governing body in writing #~ai# approve in advance the annual budget
of the person to which it delegates those functions and shall require the person to make
periodic reports to the governing body at least quarterly listing the expenditures made
by the person with revenue frog the tax authorized by this chapter. The person must
maintain revenue provided from the tax authorized by this chapter in a separate account
es#ablished for that purpose and may not commingle that revenue vwrith any other
money. The municipality may not delegate to any person the management or
supervision of its convention and visitors programs and activities funded with revenue
from the tax authorized by this chap#er other than by contract as provided b this
. Y
subsec#lon. The approval by the governing body of the rr~unicipality of the annual
budget of the person to whom the governing body delegates those functions creates a
fiduciary duty in the person with respect to the revenue provided by the tax authorized
by this chapter.
~d~ person ~uith ~uhorn a mun'rcipaiity contracts under this section to conduct n
activity authorized by this section shall maintain complete and accurate financial records
of each expenditure of hotel occupancy tax revenue made by the person and, on
request of the governing body of t#~e municipality or other person, shall rake the
records available for inspection and revievr
to the governing body or other person.
fie} Hotel occupancy tax revenue spent for a purpose authorized b this section ma be
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spent for day~to~day operations, supplies, salaries, office rental, travel ex eases, and
.. . ,. ~
other adrn~n~trt~ve costs only rt those admin~strat~ve costs are incurred d~rectl ~n the
• r • . ~ ~
prornot~cn and serv~c~ng expenditures authorized undef ect~on ~ . ~ 09 ~a}. if a
municipal or other public or private entity that conducts an activity au#horized under tf~is
section conducts other activities that are not authorized under this section, the option of
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the total adrn~n~strat~ve costs of the ent~#y for uvh~ch hotel occupanc tax revenue ma be
.. Y y
used may not exceed the portion of those adm~nfstrat~ve casts actual) incurred in
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conducting the authorized act~v~t~es.
~f} llllunicipal hotel occupancy tax revenue may not be spent far travel fora arson to
+ ~ r . . ^~
attend an event or conduct n act~v~ty the primary purpose of vrh~ch ~ not direct)
. ]~
related to the promotion of tourism and the convention and hotel Indust or the
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performance of the person s fob ~n an effc~ent and professional manner.
C:Iaoc~,ments ark 5~tp~s~testl~ly D~cumentslBoa~d I~ol~inaraaaflC~t~r of Corpus Ch120~r Ho~ef fax Rpient Agmt 8ot~nica~ Ga~de~s.doc
Page ~ ~ of ~ ~
fig} lathing in this sectian shall prahi~it any private entity, pecan, or organ~zatian from
rnak~ng subgrants by cantract to any ather persan, entity, ar private argani~ation far
expenditures under Sec#i~n ~. ~ ~1 ~}~4}. A ubgrantee shall;
~~ } at feast annueify make periadic repa~#s to the averring lady of its
expenditures fratn the tax auth~ri~ed by this chapter; and
~} make recards of these expenditures availa~~e far revieuv to the
gaverning bady ar ather persan.
~~~~ ~~ ~ ~ ~ f , ~a#h Leg., ~h.19 ~ , ~ , eff. dept. ~ f ~ 97 ~ Ar~er~ded by Acts
~ ~9, ~~ t Leg., ch. ~, ~4~4~a}, eff. Aug. ~8, ~ 989; Acts ~ 9~9, 7~ st Leg., ch. ~ ~'i a,
4, eff. ct.1,1989; Acts ~ ~, 73rd Leg., ch. ~~a, , eff. Sept. ~ , ~ 99i Acts ~ ~~,
74th Leg., ch. ~ D~7, ~ ~ eff. Aug. 8, ~ 995; Acts ~aa~ , 77th Leg., ch. 7~, ~ , eff.
June ~ , 20a~ ; Acts ~aD9 , 77th Leg,, ch.13a8, , eff. June ~ , aa1; Acts aa3,
78th Leg., ch. ~a, 90, eff. pct, ~, ~Oa3; Acts 2aat 7th Leg., ch. a, 1 t off. June
1 S, ~aa~; Aats ~aa~, 79th Legg ch, X47, ~, eff, June ~ , ~aa,
C:~~nerFts aid Se~tl~gsL#estWly Documer~tslBoa~i Irrfol~~na~eiallCi~ ~ ~ ~hrist~~o7 Heel Tex Reclp~ent Ag~rrt-8otanic~tl Garder~s.doC