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HomeMy WebLinkAbout12-14-89-8 - Resolution - 12/14/1989RESOLUTION 12-14-89-8 WHEREAS, the College Station Police Department desires to form a mutual aid law enforcement agreement to co- operate in the investigation of criminal activity and enforcement of the laws of this state, and to provide additional law enforcement officers to pro- tect health, life and property against riot, unlaw- ful assembly accompanied by the use of force and violence, and during times of natural disaster or man-made calamity; and, WHEREAS, the College Station Police Department in agree- ment with other local area law enforcement agen- cies, including the Bryan Police Department, the TAMU Police Department, and the Brazos County Sheriff's Office, has developed a set of currently used practices establishing responsibilities and providing methods for requesting and furnishing assistance; and WHEREAS the College Station Police Department seeks to formalize these current practices, by executing an INTERAGENCY MUTUAL ASSISTANCE AGREEMENT; AND WHEREAS, the College Station City Council, in regular meet- ing on December 14, 1989, discussed the purpose and scope of said pact, and found that a formal agree- ment among local law agencies would benefit the safety and welfare of the citizens of this community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of College Station, Texas, that Chief Mike Strope of the College Station Police Department, is hereby authorized to execute the INTERAGENCY MUTUAL ASSISTANCE AGREEMENT with the law enforcement agencies of the City of Bryan, Texas A and M University, and Brazos County, Texas. PASSED AND APPROVED on this the 14thday of ~ 1989. ATTEST: iity ~J~et ar y APPROVED: ~ege St at I on 00 THE STATE OF TEXAS ) ) COUNTY OF BRAZOS ) PROMOTION OF THE ARTS AGREEMENT This Agreement is made this the day of December, 1989, by and between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (hereinafter referred to as "CITY"), and the ARTS COUNCIL OF BRAZOS VALLEY. I. The CITY OF COLLEGE STATION, located in Brazos County, Texas, by authority granted to it under state statutes and its home-rule charter, has heretofore enacted a hotel-motel occupancy tax on the occupants of hotels/motels within the city limits. II. Pursuant to its discretionary powers authorized under V.A.T.S., Tax Code, 351.1010(a)(4), CITY has enacted a hotel/motel occupancy tax statute and designated a portion of the funds collected for the encouragement, promotion, im- provement and application of the arts. CITY hereby grants to the ARTS COUNCIL OF BRAZOS VALLEY One Hundred Thousand Dollars ($100,000) from the funds actually collected and received by CITY from the hotel/motel occupancy tax in con- sideration for the ARTS COUNCIL OF BRAZOS VALLEY's promotion of tourism and the convention and hotel industry through attracting, promoting, developing, presenting, producing and encouraging the arts in the community. 007590 The ARTS COUNCIL OF BRAZOS VALLEY agrees to conduct a continuing program of development, introduction, presenta- tion, encouragement, and promotion of the arts in the CITY by using all appropriate means to increase the availability, performance, execution and exhibition of all major art forms as defined by V.A.T.S., Tax Code, 351.100(a)(4). The ARTS COUNCIL OF BRAZOS VALLEY further agrees that, in all of its activities funded pursuant to this agreement, it will seek to achieve the purposes of the statute through pursuit of artistic benefits for the CITY. III. The ARTS COUNCIL OF BRAZOS VALLEY shall provide to CITY a proposed budget for the year, which budget shall be sub- mitted to CITY. It is understood and agreed by and between the parties that, upon budget approval by the municipality, the statute creates a fiduciary duty in the ARTS COUNCIL OF BRAZOS VALLEY with respect to the expenditure of revenue provided. The ARTS COUNCIL OF BRAZOS VALLEY shall provide to the College Station City Council an annual report of the activi- ties that it has conducted to benefit CITY, as well as an- nual financial statements listing the expenditures made from the hotel/motel occupancy tax revenue funds received from CITY. It is further agreed by the ARTS COUNCIL OF BRAZOS VALLEY that it shall maintain said funds in a separate ac- count established for that purpose, and that it shall not - - 007591 commingle those funds with any other monies or maintain those funds in any other account. The ARTS COUNCIL OF BRAZOS VALLEY shall maintain a com- plete and accurate set of financial records of each expendi- ture of the funds and upon request of CITY shall make the records available for inspection and review during normal business hours. It is understood and agreed by and between the parties that hotel/motel occupancy funds may be spent by the ARTS COUNCIL OF BRAZOS VALLEY for day-to-day operations, includ- ing supplies, salaries, office rental, travel expenses, and other administrative costs, if directly related to the pur- poses of this agreement. IV. This agreement is effective for the 1989-1990 budget year and shall continue in force and effect for as long as the parties deem it necessary. The College Station City Council shall review the Agreement annually prior to the budget adoption. However, either CITY or the ARTS COUNCIL OF BRAZOS VALLEY may, upon thirty (30) days prior written notice, terminate this Agreement. Upon receipt of said no- tice all unencumbered funds shall be remitted to CITY. V. All notices shall be deemed received when sent certi- fied mail, return receipt requested, to the parties at the addresses designated below or the addresses which they may from time to time designate in the same manner. - 3 - 007592 CITY OF COLLEGE STATION P.O. Box 9960 College Station, Texas 77840 ARTS COUNCIL OF BRAZOS VALLEY 310 University Drive East College Station, TX 77840 VI. No part of this Agreement may be assigned without the prior written approval of CITY. This Agreement is subject to the laws and statutes of the State of Texas. IN WITNESS HEREOF, the parties have executed this Agreement this the day of December, 1989. CITY OF COLLEGE STATION Larry ~in~.r~ay~r_~ ARTS COUNCIL OF BRAZOS VALLEY BY: Dian VJon.~City Secretary Manager APP~E.~~ FUNDING: Wi~lli~. P.' ~arrison Execufive Director Fiscal/Human Resources ARPROVED AS TO ~0~_~: ~-~ City Attorney ATTEST: - 4 - 007593 THE STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ADDENDUM TO AGREEMENT FOR LEASE, OCCUPANCY, AND USE OF PUBLIC PROPERTY AND THE PROVISION OF ADVERTISING AND TOURIST PROMOTION SERVICES FOR THE CITY OF COLLEGE STATION This Addendum to the Agreement is made this the day of December, 1989, by and between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (hereinafter referred to as "CITY"), and the BRYAN/COLLEGE STATION CHAMBER OF COMMERCE (hereinafter referred to as "CHAMBER"), supplementing the Agreement entered into by and between the parties the 12th day of June, 1984. WHEREAS, the parties entered into an agreement on the 12th day of June, 1984, for the provision of services pur- suant to Article 1269j-4.1, V.A.T.S. now codified as V.A.T.S., Tax Code, Chapter 351; WHEREAS, the 71st Legislative Session resulted in sev- eral additional requirements on the parties with regard to the expenditure and budgeting of the hotel/motel occupancy tax funds; and WHEREAS, the parties having already complied with such requirements wish to amend their original agreement to re- flect these changes. NOW, THEREFORE, the parties do agree as follows: 007594 The CITY OF COLLEGE STATION, located in Brazos County, Texas, by authority granted to it under state statutes and its home-rule charter, has heretofore enacted a hotel-motel occupancy tax on the occupants of hotels/motels within the city limits. II. The CHAMBER shall provide CITY a proposed budget for the year, which budget shall be submitted to CITY. It is understood and agreed by and between the parties that, upon budget approval by the municipality, the statute creates a fiduciary duty in the CHAMBER with respect to the expendi- ture of revenue provided. In addition to the reports required pursuant to Article VIII, Reports and Audits, the CHAMBER shall provide to the College Station City Council an annual financial statement listing the expenditures made from the hotel/motel occupancy tax revenue funds received from CITY. It is further agreed by the CHAMBER that it shall maintain said funds in a sepa- rate account established for that purpose and that it shall not commingle those funds with any other monies or maintain those funds in any other account. The CHAMBER shall maintain a complete and accurate set of financial records of each expenditure of the funds and upon request of CITY shall make the records available for inspection and review during normal business hours. - 2 - 007595 It is understood and agreed by and between the parties that hotel/motel occupancy funds may be spent by the CHAMBER for day-to-day operations, including supplies, salaries, of- fice rental, travel expenses, and other administrative costs, if directly related to the purposes of this Agree- ment. III. This Agreement is effective for the 1989-1990 budget year and shall continue in force and effect for as long as the parties deem it necessary. The College Station City Council shall review the Agreement annually prior to the budget adoption. However, either CITY or the CHAMBER may, upon one full CITY fiscal year's written notice, terminate this Agreement. IV. All notices shall be deemed received when sent certi- fied mail, return receipt requested, to the parties at the addresses designated below or the addresses which they may from time to time designate in the same manner: CITY OF COLLEGE STATION P.O. Box 9960 College Station, TX 77842 CHAMBER OF COMMERCE 715 University Drive East College Station, TX 77840 V. No part of this Agreement may be assigned without the prior written approval of CITY. - 3- 007596, IN WITNESS HEREOF, the parties have executed this Agreement this the day of December, 1989. CITY OF COLLEGE STATION BY:~ ATTEST: Dian Jone ,~ty Secretary Ron Raglan~ city Manager APPROVEoD," AS TO FUNDING: Wll 1 i~'~{ 'P.' Harrison Executive Director Fiscal/Human Resources BRYAN/COLLEGE STATION CHAMBER OF COMMERCE BY: APPROVED AS TO FORM: Cat.ky Lcck-_ City Attorney - 4 - 007597