Res 1473 10/16/1973RESOLUTION NO. 417j
RESOLUTION APPROVING AGREEMENT 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 agreement, a copy of which is attached
hereto, between the City of Wichita Falls and the 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 16TH DAY OF OCTOBER, 1973.
MAYOR
ATTEST:
City Clerk
AGREEMENT
WHEREAS, the following facts presently exist:
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 business
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 has financed all of its programs and plant from
private contributions and membership fees, but additional services can be
rendered by the Museum to the City and its citizens and visitors in return for the
City's payment of annual fee to the Museum for such services.
5.This writing sets forth the agreement of the Museum and the City with
respect to such fee for services so rendered.
NOW, THEREFORE, KNOWN 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 holi-
days excepted), and admission to the Museum is free of any charge. During the
term hereof, 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 Trustees 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 $8,500 for the first year and $10,000 for the second
year of this agreement. The Museum's annual operating budget as adopted and
certified each year by the Museum's 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 indicate new and/or expanded programs pro-
posed 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 affective as of
October 1, 1973, and it shall continue thereafter for the next two (2) con-
secutive years. The City and the Museum contemplate the City's continued pay-
ment of the Annual Fee after October 1, 1975, upon such terms as are then mutually
agreeable to the City and the Museum.
Section 4.0: Appointments and Liason. 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 terms respectively 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 day of
1973.
CITY:
CITY OF WICHITA FALLS, TEXAS
By
ATTEST:
City Clerk
MUSEUM:
WICHITA FALLS MUSEUM & ART CENTER
By
ATTEST:
Secretary