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2001-324 NOTE Amended by Ordinance No 2001-474 O INANCE NO 001- AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION AND VISITORS BUREAU) FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Chamber of Commerce for the payment and use of hotel tax revenue, under the terms and concht~ons contained in the agreement, a copy of which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVEDthmthe ~ day of ~~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM AGREEMENT BET'WEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION & VISITOR'S BUREAU) (CY2002 - 2004) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a mumclpal corporation (the "CITY"), and the Denton Chamber of Commerce (Convention & Visitor's Bureau), a non- profit corporation incorporated under the laws of the State of Texas (the "BUREAU") WHEREAS, TEx TAX CODE §351 002 authorizes the CITY to levy by ordinance a mumeipal ,hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration prod by a hotel occupant, and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a mumelpal hotel occupancy tax m the C~ty of Denton of seven percent (7%), and WHEREAS, TEx TAX CODE §351 101(a) authorizes the CITY to use revenue f~om its mumclpal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the mumclpahty or its vicinity, and by the acqmsltlon of s~tes for and the construction, enlargement, repamng, operaUon, and maintenance of visitor reformation centers, and the furmshmg of facilities, personnel, and materials for the registration of conventton delegates or registrants, and WHEREAS, the BUREAU is well equipped to perform those act~wUes through its Denton Convention and V~sltor's Bureau, and WHEREAS, TEx TAX CODE §351 101(c) authorizes the CITY to delegate by contract w~th the BUREAU, as an independent enUty, the management and superwslon of programs and actlwt~es of the type described hereinabove funded with revenue from the mumclpal hotel occupancy tax, NOW, THEREFORE, m conslderaUon of the performance of the mutual covenants and pronnseslcontamed hereto, the CITY and the BUREAU agree and contract as follows I. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and m consideration of the activities to be performed by the BUREAU under flus Agreement, the CITY agrees to pay to the BUREAU a pomon of the hotel tax revenue collected by the CITY at the rates and m the manner specified herein (such payments by the CITY to the BUREAU someUmes hereto referred to as the "agreed payments" or "hotel tax funds") 1.2 Amount of Payments. (a) As used m flus Agreement, the following terms shall have the following specific meanings (l) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room an a hotel, pursuant to Texas Tax Code §351 002 and Ctty Ordinance Hotel tax revenue wall include penalty and interest related to the late payments of the tax revenue by the taxpayer 00 The term "Collectaon period" w~ll mean the collection period for the CITY's fiscal year It will include hotel tax revenue due to the Caty for the relevant fiscal year and collected through the 22nd day of the month followang the close of the relevant fiscal year (n0 The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY dunng any relevant period of time (t e, fiscal year or fiscal quarter), less (1) attorney and aucht~ng costs ancurred dunng such relevant period of tame for costs of collection or aud~ttng of hotel taxpayers Attorney and auchtmg costs include fees pa~d to attorneys or agents not an the regular employ of the CITY for wluch attorneys or agents effect comphance or collectaon of the hotel tax from taxpayers, and (2) court costs and other expenses mcurred ~n htagatton agmnst or audatmg of such taxpayers 0v) The term "contract quarter" shall refer to any quarter of the calendar year m wtuch this Agreement ~s m force Contract quarters wall end on March 31st, June 30th, September 30t~, and December 31st of each contract year (b) In return for satisfactory performance of the acttwttes set forth tn thts Agreement and all attachments hereto, the CITY shall pay to BUREAU an amount of money tn each contract year equal to the lesser amount of Tharty-Four and N~nety Three One Hundredths percent (34 93%) of the annual base payment anaount or the fixed contract amount of Three Hundred Tlurty-Seven Thousand and Forty-Nme Dollars ($337,049) Thts amount wtll be dawded into quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show wath reasonable certmnty that the annual base payment amount wall be less than originally esttmated for the fiscal year The fourth quarterly payment wall represent 25% of the fixed contract amount or the unpaad remmnder of 34 93% of the base payment amount, wtuchever ts less Each quarterly payment ts subject to receapt of unused funds from the prior contract period and the recetpt of the required quarterly reports Fun(hng for calendar year 2003 and calendar year 2004 is dependent upon, and subject to, budget approval by the Caty Council for those periods Upon, and subject to budget approval, the budgeted annual payment for calendar years 2003 and 2004 are subject to an annual escalation of not more than 4% 1 3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by the CITY to the BUREAU of those amounts specffied an ¶1 2, above, as determined by the hotel tax revenue collected (b) Each quarterly payment shall be prod upon receapt of the reqmred reports and after the 25th day following the last day of the contract quarter If quarterly finanmal and performance reports are not received w~thm thmy (30) days of the end of the apphcable contract quarter, the rectptent may be held an hreach of tlus Agreement The CITY may wathhold the quarterly payment(s) until the appropriate reports are receaved and approved, which approval shall not unreasonably be wathheld 1 4 Other limitations regarding consaderat~on (a) The fundang of flus project an no way commats the CITY to future funding of tins program beyond the current contract period Any future funding as solely the msponsabfllty of the BUREAU (b) It as expressly understood that flus contract an no way obhgates the General Fund or any other momes or credits of the CITY (c) CITY may withhold further allocataons ~f CITY detarmanes that BUREAU's expendamres devaate materially from their approved budget II. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and m consaderat~on of the payment by the CITY to the BUREAU of the agreed payments of hotel tax funds specffied above, the BUREAU agrees to use such hotel tax funds only for advertising and conducting sohmtataons and promottonal programs to attract tourists and convention delegates or registrants to the mumcapalaty or ats vlmmty, by the acqmsat~on of sates for and the construction, enlargement, repamng, operation, and maintenance of vasator anformataon centers, and the furmsbang of facthtaes, personnel, and materials for the reg~stratlon of conventton delegates or registrants, as authonzed by TEX TAX CODE §351 101(a) Funds for any calendar year w~ch are unused by nudmght December 31st of that year shall be refunded to CITY watban thmy (30) days 2.2 Allowable Admintstra~ve Costs. The hotel tax funds received from CITY by BUREAU may be spent for day-to-day operatmns, office supphes, salaries, and other adnumstratave costs allowed by TEX T^x CoDE §351 101(f), only ffthey are d~rectly atmbutable to work on programs wbach promote tourism and the hotel and convention industry, and wbach also promote at least one of the five statutory purposes enumerated wtthm T~x T^x CODE §351 101(a) 2.3 Speeffie Restrictions on Use of Funds (a) BUREAU agrees to demonstrate strict comphance wath the recordkeepmg and apportmnment hnututaons amposed by T~x TAX CODE §351 101(f) and §351 108 (c) and (d) BUREAU shall not utahze hotel tax funds for any expenchture which has not been specffically documented to satasfy the purposes set forth m ¶¶2 1 and 2 2 above Co) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an actavlty the primary purpose of which as not chrectly related to the promotion of local tourism and the conventmn and hotel andustry or the performance of the person's job m an efficaent and professaonal manner III. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) The BUREAU shall prepare and subnut to the C~ty Manager of the CITY an annual budget (see Exinblt "A") as approved by the City Council for each calendar year, for such operations of the BUREAU ~n winch the hotel tax funds shall be used by the BUREAU Ttus budget shall specifically ~dentffy proposed expenditures of hotel tax funds by the BUREAU In other words, the CITY should be able to audit spemfically where the funds ~n the separate checking account relating to hotel tax funds will be expended The CITY shall not pay to the BUREAU any hotel tax revenues as set forth m Sectton I of tins contract dunng any fiscal year of tins Agreement unless a budget for such respec~ve fiscal year has been approved m writing by the Denton C~ty Council authorizing the expenditure of funds Failure to submit an annual budget may be considered a breach of contract, and if not remerhed ~s considered grounds for termmatlon of flus Agreement as stated m paragraph 4 2 (b) The BUREAU acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty m the BUREAU w~th respect to the hotel tax funds prod by the CITY to the BUREAU under thts Agreement The BUREAU shall expend hotel tax funds only in the manner and for the purposes spemfied m this Agreement, TEx TAX CODE §351 101(a) and in the budget as approved by the CITY 3.2 Separate Accounts The BUREAU shall ma~ntam any hotel tax funds prod to the BUREAU by the CITY m a separate checking bank account w~th segregated accounting, such that any reasonable person can review the source of expenditures of tax funds A bank reconcthat~on report (see Exinb~t "B") is reqmred with each quarterly report 3.3 FinanelalRecords. The BUREAU shall maintain complete and accurate finanmal records of each expenditure of the hotel tax funds made bY the BUREAU These funds are reqmred to be classtfied as restricted funds for au&ted financial purposes, and may not be used for suppomng sermces, ~nclud~ng, but not lun~ted to, auditing fees and attorney's fees Upon reasonably advance written request of the Denton C~ty Council, the C~ty Manager or designate, or any other person, shall make such financml records avmlable for ~nspect~on and review by the party mal~ng the request BUREAU understands and accepts that all such financial records, and any other records relating to ttus Agreement shall be subject to the Pubhc Information Act, TEx Gov'? CODE, ch 552, as hereafter amended 3 4 Quarterly Reports. W~tinn tlurty days after the end of every contract quarter, BUREAU shall furmsh to CITY (1) a performance report of the work performed under tIns Agreement deacnbmg the act~xat~es performed pursuant to tlus Agreement dunng that contract quarter, (2) a hst of the expenditures made with regard to hotel tax funds pursuant to TEx TAX CODE §351 101(c), (3) a copy of all financial records (e g, receipts, ~nvo~ces, bank statements, and other relevant documentation), and (4) and a quarterly salary aucht complying w~th TEx TAX CODE §351 108(c) and CITY's pubhshed gmdehnes, det0llmg the ttme spent by each employee(s) m promotmn of tourism through any of the five statutory purposes anthonzed under TEx TAX CODE §351 101(a) BUREAU shall prepare and dehver all reports m a form and manner approved by the C~ty Manager or designate (see Extubit "B") BUREAU shall respond promptly to any request from the C~ty Manager of the CITY, or designate, for adchtaonal ~nformataon relatang to the actavmes performed under tbas Agreement 3.5 Notice of Meetings. The BUREAU shall g~ve the Caty Manager of the CITY reasonable advance wnttan notate of the t~me and place of all meetings of BUREAU's Board of D~rectors, as well as any other meeting of any constttuency of the BUREAU at wluch ttus Agreement or any matter the subject of tins Agreement shall be considered Tbas provision shall not be deemed to require the BUREAU to gave notme of any executtve session of the Executive Committee of the BUREAU IV TERM AND TERMINATION 4.1 Term. The term of tlus Agreement shall commence on January 1, 2002 and terminate at madmght on December 31, 2004 Tins term shall be a period of three years 4.2 Termination Without Cause. (a) This Agreement may be terrmnated by either party, w~th or w~thout cause, by g~wng the other party saxty (60) days advance written nonce (b) In the event thas contract is termmated by eaher party pursuant to Sectmn 4 2(a), the CITY agrees to reamburse the BUREAU for any contractual obhgatlons of the BUREAU undertaken by the BUREAU in satasfactory performance of those act~wt~es spemfied ~n ¶¶2 1 and 2 2 above and that were approved by the Council through the budget, as noted m ¶3 1 Th~s reimbursement is eondltaoned upon such contractual obhgat~ons hawng been ~ncurred and entered rote m the good fiuth performance of those servtces contemplated in ¶¶2 1 and 2 2 above, and further condataoned upon such contractual obhgatmns having a term not exceethng the full term of th~s Agreement Notwithstanding any prows~on hereof to the contrary, the obhgatlon of the CITY to reamburse the BUREAU or to assume the performance of any contractual obhgatmns of the BUREAU for or under any contract entered ante by the BUREAU as contemplated hereto shall not exceed 66 2/3% of the current quarterly payment (e) Further, upon termmatmn pursuant to ¶4 2(a), the BUREAU wall prowde the CITY 1) W~thm 10 business days from the termination notfficataon, a short-term budget of probable expenthtures for the remmmng 60 day period between terrmnat~on notfficataon and contract termmatmn Thru budget will be presented to Courted for approval wath~n l0 bus~ness days after reeeapt by CITY If formal approval as not given wath~n 10 business days and the budget does not eontmn any expendamres that would be prohlb~ted by the Texas Tax Code, and ~s wahm the current contractual period approved budget, the budget will be consadered approved, 2) Wathan 30 days, a full accounting of all expendatures not previously authted by the C~ty, 3) Watban 5 busuress days of a request from the CITY, a hstmg of expendttures that have occurred,s~nce the last reqmred reporting period, 4) a final accounting of all expenditures and tax funds on the day of termination The BUREAU will be obhgated to return any unused funds or funds determured to be used improperly Any use of remmnmg funds by the BUREAU after notlficatton of termmat~on as cond~taoned upon such contractual obligations having been ~ncurred and entered rote m the good froth performance of those services contemplated in 2 1 and 2 2 above, and further eondat~oned upon such contractual obhgatlons hawng a term not exceeding the full term of flus Agreement 4 3 Automatae Termination. Tbas Agreement shall automatically terminate upon the occurrence of any of the followang events (a) The termanat~on of the legal existence of the BUREAU, (b) The insolvency of the BUREAU, the fihng of a petition an bankruptcy, e~ther volunta~ly or ~nvoluntanly, or an assignment by the BUREAU for the benefit of creditors, (c) The continuation of a breach of any of the terms or conditions of this Agreement by e~ther the CITY or the BUREAU for more than tlurty (30) days after written not,ce of such breach ~s g~ven to the breaeinng party by the other party, or (d) The failure of the BUREAU to submit a financial quarterly report winch eomphes w~th the reporting procedures reqmred here~n and generally accepted accounting pnnc~ples pnor to the begummg of the next contract term, or quarterly as reqmred by Section 1 3 hereof 4.4 Right to Immediate Termination Upon Litigation. Notwdhstandmg any other prows~on of flus Agreement, to m~tlgate damages and to preserve evidence and ~ssues for judicial determmatmn, e~ther party shall have the right to terminate flus Agreement upon immediate not~ee to the other party m the event that any person has ~nsUtuted ht~gataon coneermng the ac~vlt~es of the non-terminating party, and the terminating party reasonably beheves that such set, wries are reqmred or prohlb~ted under flus Agreement 4 5 In the event that flus Agreement as termanated pursuant to ¶¶4 3 or 4 4, BUREAU agrees to refund any and all unused funds, or funds determined by the CITY to have been used ~mproperly, within 30 days after termination of flus Agreement V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing ~n this Agreement shall proinint, nor be eons~ued to proinb~t, the agreement by the BUREAU w~th another private entity, person, or orgamzat~on for the performance of those services described m ¶2 1 above In the event that the BUREAU enters mto any arrangement, contractual or otherwise, w~th such other entity, person or organ~zataon, the BUREAU shall eanse such other entity, person, or orgamzat~on to adhere to, conform to, and be subject to all prows~ons, terms, and conditions of this Agreement and to TEX T^x CoDE eh 351, including reporting reqturements, separate funds mamtenance, and Inmtatmns and proinb~t~ons pertaunng to expenchture of the agreed payments and hotel tax funds 5.2 Independent Contractor. The BUREAU shall operate as an independent contractor as to all services to be performed under flus Agreement and not as an officer, agent, servant, or employee of the CITY The BUREAU shall have exclusive control of ~ts operations and performance of services hereunder, and such persons, ent~t~es, or organizations performing the same and the BUREAU shall be solely responsible for the acts and onuss~ons of ars d~reetors, officers, employees, agents, and subcontractors The BUREAU shall not be eonstdered a partner or joint venturer w~th the CITY, nor shall the BUREAU be considered nor in any manner hold itself out as an agent or o fficlal representative of the CITY $ 3 Indemuiflention THE BUREAU AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY~ ITS OFFICERS~ AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJUR[ES~ DAMAGEr LOSS~ OR LIABILITY OF WHATEVER KIND OR CHARACTER~ ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE BUREAU OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENTs INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMONs CONSTITUTIONAL OR STATUTORY LAWs OR BASE1)~ IN WHOLE OR IN PARTy UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF BUREAU~ ITS OFFICERS~ EMPLOYEESs AGENTS~ SUBCONTRACTORS~ LICENSEES AND INVITEES. $.4 Assignment. The BUREAU shall not assign tlus Agreement w~thout first obtmmng the written consent of the CITY $ $ Notice. Any notuce reqmred to be g~ven under ti'ns Agreement or any statute, ordinance, or regulation; shall be effective when given m writing and deposited in the Urnted States ma~l, certified ma~l, return receipt requested, or by hand-dehvery, addressed to the respective parties as follows CITY BUREAU City of Denton Denton Chamber of Commerce 215 E McKmney Denton Convention & Visitor's Bureau Denton, TX 76201 Chnst~ne Gossett Vice President P 0 Box Drawer P Denton, Texas 76202-1719 5 6 Inurement. Ttns Agreement and each provision hereof, and each and every nght, duty, obligation, and habthty set forth hereto shall be binding upon and inure to the benefit and obhgat~on of the CITY end the BUREAU and their respective successors and assigns 5 7 Appllention of Laws All terms, conditions, and provisions of flus Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations ralatlve thereto 5 8 Exclusive Agreement. Ttus Agreement contmns the entire understanding and constitutes the entire agreement between the part,es hereto concerning the subject matter contained hereto There are no representations, agreements, arrangements, or understandings, oral or wntten, express or ~mpbed, between or among the parties hereto, relating to the subject matter of flus Agreement, wluch are not fully expressed herein The terms and condmons of th~s Agreement shall prevml notwithstanding any variance m this Agreement fi.om the terms and conditions of any other document relating to flus transaction or these transactions 5 9 Duplicate Originals. Th~s Agreement ~s executed m duphcate ongmals 5.10 Headings. The headings and subheadings of the various sections and paragraphs of tlus Agreement are inserted merely for the purpose of convemencc and do not express or imply any hmatat~on, defimt~on, or extension of the specific terms of the section and paragraph so designated $11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word m tlus Agreement, or appheation thereof to any person or circumstance is held lnvahd by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of tins Agreement, and the partaes hereby declare they would have enacted such remaimng po~ons despite any such invalidity 5 12 Insurance. The BUREAU shall, at a mlmmum, provide ~nsurence as follows $500,000 Commercial General Llab~hty Statutory Workers' Compensataon and Employers' Llabthty ($100,000/$$00,000/$100,000) $500,000 Business Automobile L~abfllty on any owned, non-owned or lured vehicles The CITY must be named as an adchtlonal insured on all policies (except Workers' Compensation) and proof of enverage shall be submitted prior to any payment by the CITY crty SEC T Y DENTON CHAMBER OF C..ZSMMERCE President ~/ ATTEST APPROVED AS TO LEGAL FORM By By Secretary Exhibit A Convention and Ws~tors Bureau Program year 2002 GENERAL ADVERTISING Printed $ 63,145 00 Convenbon Advertising $ 1,700 00 Services $ 1,500 00 Membersh~ps/Subscnpt~ons $ 2,100 00 Promotion Events $ 500 00 Tounsm Material $ 8,400 00 Marquee B~llboard $ 28,600 00 Brochures $ 7,500 00 Travel Shows $ 1,250 00 Memberships $ 1,850 00 Tourism Servtces $ 25,050 O0 DFW Reg Film $ 3,450 00 $ 10,900 00 Special Projects $ 155,945 O0 SPORTS ADVERTISING Convenbon and Trade Shows $ 6,035 00 Printing $ 1,500 00 $ 500 00 Postage $ 1,250 00 Sports V~deo $ 750 00 Memberships $ 10,035 00 GENERAL ADMINISTRATION Salaries D~rector / Admm Assist / Info Assist $ 90,186 00 Temp / Intern $ 1,500 00 Accounting $ 4,693 00 D~rector's Retirement $ 2,001 00 D~rector's Car Allowance $ 4,200 00 Payroll Taxes $ 8,650 00 Health Insurance $ 5,500 00 L~ab~hty Insurance $ 350 00 Travel and Training $ 3,000 00 Computer Maintenance $ 500 00 Copy Machine Cost Share $ 1,000 00 Warehouse Storage $ 525 00 Desktop Cop~er Lease $ 750 00 Office Supphes $ 2,500 00 Telephone Toll Free and Cell $ 6,300 00 Telephone Metro $ 1,200 00 Pnnbng $ 1,200 00 Postage $ 4,500 00 B~d Sohc~tabon $ 300 00 ' $ 138,855 00 CVB - Page 2 SPORTS IADMINSTRATION $ 32,000 00 Sales Manager $ 2,800 00 Health Insurance Payroll T~xes $ 2,900 00 $ 2,965 00 Travel and Training $ 600 00 M~leage Reimbursement $ 41,265 00 $ 346,100 00 Interest Income $ (551 00) Marquee Btllboard Income $ (300 00) Cooperative Billboard Income $ (8,200 00) $ 337,049 00 SAMPLE FINANCIAL REPORT Exhibit B Program Year 2002 15T 2ND 3RD 4TH YEAR QUARTER QUARTER QUARTER QUARTER to (APR - JUN) (JUL- SEP) (OCT- DEC) DATE $o oo $o oo $o oo $o oo $o oo $o oo go oo go oo $o oo $o oo $o oo go oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $0 oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo go oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $000 $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $o oo $0 oo $o oo $o oo $o oo 20 O0 20 oo $o oo $o oo $0 O0 $0 oo $o oo $o oo Date Submitted Program Director O IN CENO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO THE CY2001 AND CY2002-2004 AGREEMENTS BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION AND VISITORS BUREAU) FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor is hereby authorized to execute the attached amendments to the CY2001 and CY2002-2004 agreements between the City of Denton and the Denton Chamber of Commerce for the payment and use of hotel tax revenue, under the terms and con&t~ons contained m smd amendments, copies of Much are attached hereto and made a part hereof SECTION 2 That this ordinance shall become effective ~mane&ately upon ~ts passage and approval PASSED ANDAPPROVEDthmthe /¢¢ dayof ~-t(~/~(... ,2001 EULINE BRQ~, tv~AV~}R ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS ~ FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION & VISITOR'S BUREAU) (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS FIRST AMENDIVlENT to the CY2001 AGREEMENT made between the City of Denton, Texas, a municipal corporatton (the "CITY"), and the Denton Chamber of Commerce (Convention & Visitor's Bureau), a non-profit corporation incorporated under the laws of the State of Texas (the "BUREAU"), amends Sectmn 2 1 of the CY2001 AGREEMENT as contained hereto, all other prowmons to remmn as originally set forth 2 1 Use of Funds For and m consideration of the payment by the CITY to the BUREAU of the agreed payments of hotel tax funds specffied above, the BUREAU agrees to use such hotel tax funds only for advertising and conducting sohcltat~ons and promotional programs to attract tourists and convention delegates or registrants to the mumc~pahty or ~ts vlcunty, by the acqmslt~on of sites for and the construction, enlargement, repmrmg, operataon, and mamtenance of visitor information centers, and the fiu-mstung of facilities, personnel, and materials for the registration of conventmn delegates or registrants, as authorized by TEX TAx CODE {}351 101(a) Funds for any calendar year wbach are unused by midnight December 31st of that year may be camed over to the subsequent calendar year EX CUTEDt s dayo ,2001 THE CITY OF DENTON, TEXAS EULINE BROCag. MAY~tDR ATTEST . APPRO~V~O LEGALT. OR~ ~CITY SgCRETARY ~ CITY ATrO~ DENTON CHAMBER OF COMMERCE President / ATTEST APPROVED AS TO LEGAL FORM By By Secretary