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Res 2365 7/3/1979r` RESOLUTION NO. RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS MUSEUM AND ART CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Wichita Falls Museum and Art Center, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 3rd day of July, 1979. M A Y O R ATTEST: 1 City Clerk r 2 5 „2_.5- P RECEIVED IN AGREEMENT CITY CLERK'S OFFICE Date WHEREAS, the following facts presently exist: By 1.Wichita Falls Museum and Art Center ("Museum") is a Texas Non-Profit Corporation organized in 1964; the Museum maintains its principal place of business at 2 Eureka Circle, Wichita Falls, Texas 76308. 2.The City of Wichita Falls, Texas, ("City") in Wichita County, Texas is duly organized pursuant to a Texas Home Rule Charter. 3.The Museum owns and operates a facility at its principal place of busi- ness and there conducts a museum program in science, history, art and a broad range of related instruction for persons of all ages. 4.Heretofore the Museum and City have entered into a two year agreement for financial support so that additional services can be rendered by the Museum to the City and its citizens and visitors. This agreement expires on September 30, 1979. 5.This agreement would be a continuation of the previous and expiring agreement under terms as indicated. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT, for value received, the receipt and sufficiency of which is hereby acknowledged, the Museum and City agree: Section 1. 0: Community Services. The Museum has heretofore rendered a broad range of educational and cultural services to the City and all of its citizens and visitors on a regularly scheduled, daily basis (locally observed holidays ex- cepted), and admission to the Museum is free of any charge. During the term here- of, the Museum shall use its best efforts to continue present services and to expand and add to its current programs with the annual fee herein set as its Board of Trus- tees may determine. Section 2. 0: Fee. The said activities of the Museum and its program accrue to the benefit of the City, and during each year of the term hereof, the City shall pay the Museum a fee (Annual Fee) for such services. The amount of the Annual Fee shall be approximately 10% of the Museum's annual operating budget each year, but no more than $15,000 for the first year and $16, 000 for the second year of this agreement. The Museum's annual operating budget as adopted and certified each year by the Museum's I \ G - ___ Board of Trustees shall be presented to the City of Wichita Falls prior to February 27th of each year. The Annual operating budget so presented shall specifically indi- cate new and/or expanded programs proposed to be funded that fiscal year. The Annual Fee shall be so paid in four (4) equal installments on or before the tenth day of October, January, April, and July of each year. Section 3. 0: Term. This Agreement shall commence and be effective as of October 1, 1979, and it shall continue thereafter for the next two (2) consecutive years. The City and the Museum contemplate the City's continued payment of the Annual Fee after October 1, 1981, upon such terms as are then mutually agreeable to the City and the Museum. .. Section 4. 0: Appointments and Liaison. The Mayor with the concurrence of the Board of Aldermen of the City of Wichita Falls under this agreement shall have the right to appoint two (2) persons to the Museum Board of Trustees, one of whom shall also be a member of the Museum Executive Committee. Such appointees shall have all of the rights accorded to other members of the Board of Trustees and Executive Committee. The persons first appointed shall serve one and two year term respective- ly and thereafter all appointments shall be for two year terms. In addition, the Board of Aldermen may appoint one of its own members who shall liaise with the Board of Trustees and Executive Committee with no right to vote. THUS executed at Wichita Falls, Texas, this 5th day of July 1979. CITY: CITY OF WICHITA FALLS, TEXAS BY: CITY MA GER ATTEST: C r. CITY CLERK MUSEUM: WICHITA FALLS MUSEUM & ART CENTER BY:j)e ATTEST: SECRETARY 2-