Res 1707 9/2/1975RESOLUTION NO. /67Q7
RESOLUTION APPROVING CONTRACT WITH WICHITA
FALLS BALLET THEATER, INC.
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, acting for the Wichita Falls
Bicentennial Commission, and Wichita Falls Ballet Theater, Inc. ,
providing for performances of a ballet and symphony to commem-
orate the American Revolution Bicentennial Year, is hereby
approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
PASSED AND APPROVED this the 2nd day of September, 1975 .
M A Y O
ATTEST:
2c,,,,L _CITY CLERK
CONTRACT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WICHITA
This agreement made and entered into this day of
1975, by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called City, acting
for the Wichita Falls Bicentennial Commission, hereinafter called
Commission, and Wichita Falls Ballet Theater, Inc. , hereinafter
called Ballet Theater,
WITNESSETH:
WHEREAS , on March 4 , 1975, the Wichita Falls Board of
Aldermen approved a request from the Wichita Falls Bicentennial
Commission for two thousand five hundred dollars ($2, 500. 00) to
support the project of producing a symphony and ballet in cele-
bration of the United States Bicentennial Year; and,
WHEREAS, the American Revolution Bicentennial Commission
of Texas has approved a grant in the amount of two thousand five
hundred dollars ($2 ,500. 00) to be given to the Wichita Falls Bi-
centennial Commission to assist it in celebrating the American
Bicentennial Year; and,
WHEREAS, the parties hereto desire that Ballet Theater shall
act as producing agency for performances of a ballet and symphony
to commemorate the American Revolution Bicentennial Year.
NOW, THEREFORE, for and in consideration of the mutual cov-
enants herein contained, the parties hereto do hereby agree as
follows:
1. Ballet Theater shall act as producing agency in provid-
ing not less than two public performances in Wichita Falls of an
original symphony and ballet commemorating the American Revolution
Bicentennial Year during calendar year 1976.
2. Ballet Theater shall be responsible for keeping accurate
accounting books noting the receipt and expenditure of all funds
under this contract. The accounting books kept by Ballet Theater
on this project shall be open for inspection and auditing by any
member of Commission or City who shall request their inspection
or auditing.
3. Ballet Theater shall be free to subcontract with other
organizations to obtain required services in providing the per-
formances of symphony and ballet.
4 . In the event that there should be a default on the
contract and no performance of the ballet or symphony should
take place within calendar year 1976, the liability of Ballet
Theater to City and Commission shall be limited to a refund of
the monies paid to Ballet Theater by City and Commission under
this contract.
5. Commission shall pay to Ballet Theater for the services
described above the full sum of five thousand dollars ($5, 000. 00)
in two increments. The first increment of two thousand five hun-
dred dollars ($2 , 500. 00) of Revenue Sharing funds , expenditure of
which was approved by the Wichita Falls Board of Aldermen on
March 4 , 1975, shall be paid upon execution of this agreement.
The second increment of two thousand five hundred dollars ($2, 500. 00)
of grant monies from the American Revolution Bicentennial Commission
of Texas shall be paid to Ballet Theater when said monies are re-
ceived by Wichita Falls Bicentennial Commission. In the event that
the grant monies from the American Revolution Bicentennial Commission
of Texas are not received by the Wichita Falls Bicentennial Commis-
sion, then this contract shall be null and void and the two thousand
five hundred dollars ($2 , 500. 00) already paid to Ballet Theater
shall be refunded in full to Commission.
6. Any profits received over and above expenses from the
production of the ballet and symphony shall go to the treasury of
Ballet Theater and Commission shall have no claim to share in any
of said profits.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be signed and dated the day of
1975.
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CITY OF WICHITA FALLS, TEXAS
BY:
Gerald G. Fox, City Manager
ATTEST:
CITY CLERK
WICHITA FALLS BALLET THEATER, INC.
BY:
ATTEST:
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