Ordinance No. 10,538ORDINANCE NO. 10,538
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF BAYTOWN, TEXAS,
AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR PROMOTIONAL
AND TOURIST SERVICES WITH THE BAYTOWN CHAMBER OF COMMERCE
RELATED TO THE 2oT" ANNIVERSARY FOR THE HOUSTON RACEWAY PARK;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF
FIFTY THOUSAND AND NO1100 DOLLARS ($50,000.00); AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE ClTY OF BAYTOWN, TEXAS:
Section I: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Clerk to attest to an Amendment to the A yreement for Promotional and
tk Tourist Services with the Baytown Chamber of Commerce related to the 20 Anniversary for the Houston
Raceway Park. A copy of said agreement is attached hereto, marked Exhibit "A" and made a part hereof for
all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to the Baytown
Chamber of Coninlerce in an amount of FIFTY THOUSAND AND NO1100 DOLLARS ($50,000.00) in
accordance with the amendment authorized in Section 1 hereof.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED
Baytown this the 8Ih day of February, 2007.
the
APPROVED AS TO FORM:
&ACIO RAMIREZ, SR.,~ Attorney
affirmative vo f the City Council of the City of A
. DONCARLOS, Mayo
Exhibit "A"
FIRST AMENDMENT
TO THE
AGREEMENT FOR PROMOTIONAL AND TOURIST SERVICES
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This First Amendment to that certain "Agreement for Promotional and Tourist Services"
between the City of Baytown and the Baytown Chamber of Commerce, approved by the City
Council on May 23, 2006, is made by.and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown ("City") and the Baytown Chamber of Commerce (the
"Chamber") entered into an Agreement for Promotional and Tourist Services, which agreement was
approved by the City Council on May 23, 2006 (the "Agreement"); and
WHEREAS, the Chamber has requested additional funds for advertising and promotional
services related to the 2007 O'Reilly Spring National Race at Houston Raceway Park in order to
promote tourism and the convention and hotel industry and to attract tourists to the City or its
vicinity; and
WHEREAS, the City desires to participate in a cooperative advertising and marketing
program to reach additional markets to achieve the purposes of the hotel occupancy tax;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and phrases
as used in this First Amendment shall have the same meanings as in the Agreement.
2. Amendment.
2.01 Article I "Use of Hotel Occupancy Tax Revenue" of the Agreement is hereby
amended to add a new section numbered and entitled 1.15 "Use of Funds for the
2007 O'Reilly Spring National Race," which section shall read as follows:
1.15 Use of Funds for the 2007 O'Reilly Spring National Race. For and in
consideration of the payment by the City to the Chamber of the agreed
payments of hotel funds specified in Section 3.15, the Chamber agrees to use
such hotel tax funds only for advertising and conducting solicitations and
promotional programs to attract tourists and convention delegates or
registrations to the City for the 2007 O'Reilly Spring National Race at
Houston Raceway Park and related events (the "Race") by expanding
advertising efforts to include:
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a. the events leading up to the 2007 O'Reilly Spring National Race,
including, but not limited to, the Hot Rod Rally to be held at San
Jacinto Mall on March 28, 2007, affording fans the opportunity to
view the race cars and obtain autographs from their favorite drivers.
b. the following service areas:
• Baton Rouge, • Lufkin,
• Lafayette, • Corpus Christi,
• Lake Charles, • Bryan/College Station, and
• Beaumont, • San Antonio.
The Chamber understands and agrees that all such activities conducted shall
directly enhance and promote tourism and the convention and hotel industry.
2.02 Article III "Hotel Occupancy Tax Revenue Payments" of the Agreement is hereby
amended to add a new section numbered and entitled 3.15 "Payment for the 2007
O'Reilly Spring National Race," which section shall read as follows:
3.15 Payment for the 2007 O'Reilly Spring National Race. Subject to Section
3.2 of this Agreement as consideration for the Chamber's activities set forth
in Section 1.15 of this Agreement, the City agrees to pay the Chamber a total
amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) from
hotel occupancy tax revenues after the execution of this First Amendment.
2.03 Article IV "Term and Termination" of the Agreement is hereby amended to read as
follows:
4.1 Term. The term of this Agreement shall commence on April 1, 2006 and
terminate at midnight on March 31,2007. Only those expenditures authorized
by this Agreement and contained in the budget approved by the City Council,
which are actually incurred during the contract term for events and activities
taking place within such contract term, are eligible for funding under this
Agreement. Any ineligible expenditures or unspent funds shall be forfeited to
the City upon termination of the Agreement.
Should the Chamber desire to provide services for a second year (April I,
2007-March 31,2008), no later than June 1,2007, the Chamber shall submit
notification of same to the City along with a proposed budget in sufficient
detail for evaluation and consideration by the City. Any increases or
decreases will be based on the annual performance report and the budget
submitted by the Chamber and shall be approved in writing by the City
Council.
3 Reporting Requirements. The recordkeeping and reporting requirements contained in Article
II of the Agreement shall survive expiration or termination of this First Amendment and of
the Agreement to the extent that such records, reports, accounts, and notices pertain to hotel
occupancy tax revenue payments made by the City of Baytown.
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4. Entire Agreement. The provisions of this First Amendment and the provisions of the
Agreement should be read together and construed as one agreement provided that, in the
event of any conflict or inconsistency between the provisions of this First Amendment and
the provisions of the Agreement, the provisions of this First Amendment shall control.
Nothing contained in this First Amendment shall be construed in any way to limit or to
waive the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same amendment, this day of February, 2007.
CITY OF BAYTOWN
By:
GARY JACKSON, City Manager
ATTEST:
LORRI COODY, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
BAYTOWN CHAMBER OF COMMERCE
By:
TRACEY S. WHEELER, President
ATTEST:
(Signature)
(Printed Name)
(Title)
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