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HomeMy WebLinkAboutOrdinance 4054 ORDINANCE NO. & 2 4 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, CITY MANAGER AND CITY SECRETARY TO EXECUTE FOR AND ON BEHALF OF THE CITY OF FORT WORTH, TEXAS, AN AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS, AND AMON G. CARTER FOUNDATION WITH RESPECT TO THE ERECTION, MAINTENANCE AND OPERATION OF AMON G. CARTER MUSEUM OF WESTERN ART; PRESCRIBING A SAVINGS CLAUSE AND DECLA1ANG AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That the Mayor, City Manager and City Secretary are hereby authorized and directed to execute for and on behalf of the City of Fort Worth, Texas, the following agreement made between the City of Fort Worth, Texas, and Amon G. Carter Foundation with respect to the erection, maintenance and operation of Amon G. Carter Museum of Western Art: s ` - Section 2. If any section, subsection, clause, sentence, phrase or word of this ordinance is for any reason held void or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining sections, subsections, clauses, sentences, phrases or words, except as the same are inseparable from and indispensable to the remaining portions of the ordinance. Section 3. This ordinance shall be in full force and effect from and after the date of its passage, and it is so ordained. PASSED AND ADOPTED this 6th day of March, A. D. 1959. Nayer ATTEST: City Secretary r' APPROVED AS TO FORM AND LEGALITY: City Attorney ti AGREEMENT Between THE CITY OF FORT WORTH. TEXAS And AMON G. CARTER FOUNDATION With Respect To The ERECTION, MAINTENANCE AND OPERATION Of AMONG. CARTER MUSEUM OF WESTERN ART STATE OF TEXAS ) { COUNTY OF TARRANT ) ......................... Preamble 1 ......... ........ ........ WHEREAS, the Will of the late Amon G. Carter (which Will has been duly admitted to probate in Cause No 25153, In Probate, in the County Court of Tarrant County, Texas, and is incorporated herein in its entirety by reference) provided: "Amon G. Carter Foundation now owns a substantial collection of Western pictures, bronzes, other sculptures and other objects of art, these consisting chiefly of the works of Frederic Remington, Charles M. Russell and Tenney Johnson, and said Foundation will receive other and similar objects of Western Art as a part of the residue of my estate. When and as said Foundation has available sufficient funds for that purpose, I desire that it build, in the area in Fort Worth, Texas, forming a part of the municipal develop- ment where the Will Rogers Memorial Auditorium and Coliseum are now located (using the site in that area already designated by the City of Fort Worth) a suitable museum for housing said objects of art and the others hereinafter referred to, and to place therein all of such objects of art, whether they are now owned by Foundation, acquired by it prior to my death, or acquired by it as a part of the residue of my estate. I direct that said museum be known as the (Amon G Carter Museum of Western Art,i and that the objects of art placed therein as above specified by Foundation be suitably identified as the Amon G. Carter Collection of Western Art. I desire and direct that this museum be operated as a non-profit artistic enterprise for the benefit of the public and to aid in the promotion of cultural spirit in the City of Fort Worth and vicinity, and particularly, to stimulate the artistic imagination among young people residing there. If an arrangement satisfactory to the directors of Foundation can be con- summated to the end that said museum shall always be operated as above directed, said museum, its contents and the operation thereof may be conveyed and trans- ferred by Foundation to the City of Fort Worth; otherwize, said museum shall continue to be owned and operated by the Foundation. Any arrangement so made with the City of Fort Worth, Texas, shall be upon the express condition that none of the objects of art so transferred by Foundation to said City shall ever be sold or in any manner disposed of without the consent of all those who are then directors of Foundation; and, during the owner- ship of such objects of art by Foundation, no sale or other disposition of any of them shall ever be made except with the unanimous consent of all who are then directors of Foundation. It is my hope that my friend, Sid W. Richardson, will contribute to said museum his collection of Western art, and I direct that if he does that, all objects of art received from him be suitably inscribed to show their source, " and . . . . . . . . . . . . . . . . Preamble . .2. . . . . . . . . . WHEREAS, Amon G. Carter Foundation, referred to in the above quotation from said Will (hereinafter sometimes referred to as Foundation), is a Texas corporation organized and operated for educational, charitable and religious purposes to which the said Amon G. Carter be- queathed and devised the residue of his estate, including many objects of Western Art of the types referred to in the portion of said Will quoted in Preamble 1 hereof, which, with other similar objects previously or later acquired by Foundation, are now owned by it, as is a parcel of real estate in the area of the municipal development where the Will Rogers Memorial Auditorium and Coliseum are located, which parcel is described as follows: p-2 All that certain lot, tract or parcel of land situated in the City of Fort Worth, Tarrant County, Texas, and being a tract in the J. P. Montgomery Survey, situated about 2 miles south. 60 degrees west from the Court House in Tarrant County, Texas, and em- bracing the following tracts conveyed to the Amon G. Carter Foundation; the east 36 feet of a former street by deed recorded in Volume 2356, Page 299; the strip of land 20 feet wide by the deed recorded in Volume 2515, Page 27; and part of the former H. S. Hutchins Tract by the deed recorded in Volume 2285, Page 266, less the strip 16 feet wide off the north- westerly side of said tract conveyed to the City of Fort Worth by the deed recorded in Volume 2514, Page 25, all of the above mentioned recordings being in the Tarrant County Deed Records; and • Preamble, 3 . . . . . . . . . . . . .. WHEREAS, said Foundation will, as speedily as the nature of the undertaking permits, carry out the quoted provisions of said Will by erecting, at,a cost of upward of Five Hundred Thousand Dollars ($500,000), and equipping a museum to house and appropriately display said objects of Art, and by installing said objects of Art therein; and • • Preamble , 4 . . . . . . . . . . . . . . WHEREAS, in order that such building may have an appro- priate site, with an adequate parking area and space for suitable landscaping, a contiguous parcel of land now owned by the City of Fort Worth, Texas, a municipal corporation, and described as follows. That certain lot, tract or parcel of land situated in the City of Fort Worth, Tarrant County, Texas, and being a portion of the J. P. Montgomery Survey, situated about 2 miles south 60 degrees west from the Court House in Tarrant County, Texas, BEGINNING at the iron at the northwest corner of the tract conveyed to the Amon G. Carter Foundation by the Deed recorded in Volume 2356, Page 299, of the Tarrant County Deed Records, and said tract being the east 36 p-3 feet of a former street which was closed by City of Fort Worth Ordinance No 2891; THENCE north 62 degrees-51 minutes east, along a line for the southerly line of Camp Bowie Boulevard and being parallel with and 20 feet southerly at right angle from the back of the southerly curb of said Camp Bowie Boulevard, 658-4/10 feet to an iron for corner; THENCE south 423-8/10 feet to an iron for corner in a line for the north line of West Lancaster Avenue and being 20 feet north from the face of the north curb of said West Lancaster Avenue; THENCE south 89 degrees-59 minutes west, along said line for the north line of West Lancaster Avenue, and being parallel with and 20 feet north of the face of said north curb, 586 feet to an iron in the west line of said Amon G. Carter Foundation tract and 1/4 foot north of its southwest corner; THENCE north no degrees-05 minutes east, along said west line, 123-6/10 feet to the place of beginning, should be made available so that said parcel and the parcel now owned by Foundation described in Preamble 2 hereof may be treated as one parcel and the said planned improvements placed and made thereon in such manner as will be most suitable from all standpoints, including those relating to architecture, landscaping and operating efficiency; and . . . .Pr. . . . . . . . . . eamble 5 WHEREAS, if the program hereinabove summarized is carried out and said Museum Building is so erected and equipped and the objects of Art now available to said Foundation are installed and displayed therein, it will be of great value to the City of Fort Worth, its present and future citizens, the educational institutions located in or adjacent to said City, their students and to the general public; NOW, THEREFORE, the City of Fort Worth, Texas (Fort Worth) and Amon G. Carter Foundation (Foundation) in consideration of the premises and the covenants and agreements herein contained, do p-4 hereby contract, agree and act as follows: I. Fort Worth hereby irrevocably and in perpetuity dedi- cates the parcel of land described in Preamble 4 hereof to exclusive use, with the parcel of land described in Preamble 2 hereof, as a site for the erection and operation of an Art Museum in accordance with the provisions of the Will of the late Amon G. Carter quoted in Preamble 1 hereof, conditioned only on the performance by Foundation of the covenants and agreements made by Foundation herein. This dedication is intended to include, and does include, any portion of said parcel previously used or dedicated as a street so that the two parcels will be contiguous throughout their East-West boundaries and may be used and occupied as one parcel. Said museum shall be named, and shall always be known as, "Amon G. Carter Museum of Western Art". Fort Worth, by its proper officials, has taken, or will promptly take, all actions necessary or appropriate to make this dedication, and all other provisions hereof, effective and binding. II. Foundation now has in preparation architectural plans for said museum on the aforesaid site and will, as promptly as the nature of the undertaking permits, go forward with these plans and construct and equip said Museum Building on said site and install or erect thereon suitable landscaping and parking facilities. The Museum Building shall be adequate and appropriate for its intended purposes and shall cost, exclusive of the objects of Art to be installed therein, and of the cost of parking facilities and landscaping, not less than Five Hundred Thousand Dollars ($500,000). The area to be covered by said Museum Building shall be approximately fifteen thousand (15,000) square feet. The building shall be one-story over a full basement with outside walls approximately p-5 twenty (20 ft) feet high. Foundation shall bear all costs to be incurred in carrying out this project and will hold and save Fort Worth harmless from all cost, liability and expense on account thereof. All such costs and expenses shall be promptly paid by Foundation as they are incurred and no liens or encumbrances shall ever be placed, or be permitted to remain, on said site,,. said Museum Building or any part thereof, except liens arising from bona fide disputes as to the validity of any claim while such validity is the subject of a bona fide contest. M. In all phases of the project dealt with in Paragraph H above, Foundation shall have as full and complete control as if it owned the parcel described in Preamble 4 hereof in fee simple, subject only to the express agreements and restrictions hereof, and to the require- ments of Fort Worth's Building Code and similar regulations and ordinances. Without limitation by enumeration, this includes the rivht, without liability to Fort Worth, to excavate, fill, grade and to remove existing structures, plants and trees, as well as to have exclusive control of all matters relating to the design and construction of the Museum Building, its equipment, the landscaping of the museum site and providing parking areas and access thereto and to said Museum Building. IV. Upon completion of the construction project, Foundation will install in said museum its collection of Western Art (or such portion thereof as may from time to time be suitably displayed or stored therein) in accordance with the provision of the Will of the late Amon G. Carter quoted in Preamble 1 hereof. Thereafter, Foundation will cause said museum to be operated as a non-profit enterprise for the benefit of the general public and open and available to the general public without charge p-6 at all reasonable times, subject only to such reasonable rules, regu- lations and restrictions as are customary in the operation of public museums and are appropriate to insure the enjoyment and appropriate use of the museum by those who visit it and the proper care for the building and its contents; but, otherwise, with full discretion as to all operating matters. Foundation shall defray all costs of so operating said museum except those which mayfrom time to time be voluntarily borne by Fort Worth, and shall protect Fort Worth from all liability therefor. In connection with these operating expenses, it is understood that Fort Worth will furnish, without cost to Foundation, normal police and fire protection and, to the extent it may be done without interferring with their other duties, the services of all its personnel now or hereafter employed in connection with the maintenance of any other Art Museum or other public building in the area now or hereafter owned or operated by Fort Worth or its Art Commission or any similar agency. V. If Foundation should fail to operate said museum in accordance with the terms hereof, or if Foundation (in accordance with • the provisions of the Will of the late Aaron G. Carter quoted in Preamble 1 hereof) elects so to do, Foundation shall offer to convey for a con- sideration of One Dollar ($1.00) to Fort Worth full and complete ownership of said museum, its site, furnishings, and all of the collection of Western Art referred to in said Will and then owned by Foundation; If Fort Worth elects to accept said conveyance, it shall thereafter at its own cost operate said museum in accordance with the terms of, and subject to the restrictions and limitations contained in the said quoted provision of said Will and the terms hereof. VI. If said museum, its site and contents are conveyed to Fort Worth for either of the reasons and as specified in the foregoing p-7 Paragraph V, Fort Worth, in addition to the other requirements of this agreement as to the operation of said museum by Fort Worth, shall strictly observe and carry out the following provisions and requirements: (a) Said museum shall continue to be named and known as "Amon G. Carter Museum of Western Art;" (b) No charge shall be made for admission to said museum during the hours when the museum is regularly open, but this shall not prohibit a charge being made for admission at hours when the museum is not regularly open, as for example, for previews of special exhibitions and for similar occasions; (c) No restriction shall be placed or enforced on admission to said museum during the hours when said museum is regularly open except those reasonably necessary to safeguard the museum and its contents and to enable visitors to said museum to obtain the pleasure and benefits normally to be expected from such visits. (d) All costs of operating the museum and of main- the building, grounds, furnishings and objects of art therein, including the cost of adequate insurance from loss by fire, theft, or other casualty on the building and its contents, shall be borne exclusively by Fort Worth, and Foundation shall be fully protected and indemnified by Fort Worth from liability therefor; (e) Except when prevented by causes beyond its control, Fort Worth shall cause said museum to be open to the general public for at least forty (40) hours per week between the hours of eight (8:00) o'clock A: M. , and six (6;0'0) o'clock P. M. , and shall at all times cause said museum to be operated in a dignified p-8 manner and in accordance with the practices followed in the leading museums of the United States; (f) All receipts arising from the operation of said museum by Fort Worth shall constitute a trust fund to be expended only in the maintenance thereof, the expansion of services rendered, and in appropriate additions to the objects to be displayed therein. Such anticipated receipts include, but without limitation by enumeration, insurance proceeds, admission charges to special events, proceeds from sales of catalogues and reproductions, royalties and other receipts from the grant of rights to reproduce or copy any painting, sculpture or other article belonging'to said museum, and proceeds from permitted sales of any of said paintings, sculptures or other articles, VII If Fort Worth, after receiving title to and control of said museum and its contents as contemplated by Paragraphs V and VI hereof, should fail to observe the covenants and agreements herein made by it with respect to the operation of said museum, and such failure is not corrected within thirty (30) days after such default has been pointed out by Foundation in writing to the City Council of Fort Worth (or whatever body then functions for Fort Worth substantially as said City Council now functions), then Foundation may pursue (in addition to such other remedies as may be legally available to it) either of two courses! (a) Foundation may resume possession and control of the museum site, building and contents and thereafter operate the same at its own expense as it agrees herein initially to do; or, (b) Foundation may irrevocably relinquish to Fort Worth all title or claim to the museum site, the museum building and the building fixtures, and remove p-9 as its own property all paintings, sculptures, books and other articles previously under the control of Fort Worth under the terms of this agreement, and thereafter use and dispose of same free from all claims of Fort Worth. These rights shall never be waived because of one or more forebearances upon the part of Foundation to exercise them, or either of them, or by any action (which Foundation may or may not take in its sole discretion) to remedy any such default or breach of covenant at its own expense. VIII The rights, benefits and obligations hereby granted to or imposed upon Fort Worth are not assignable by it; but those herein granted to or retained by Foundation shall bind and inure to the benefit of Foundation's successors and assigns. IX If one or more provisions hereof are invalid and beyond the powers of either party hereto, the validity of the remaining pro- visions hereof shall not be affected or limited by reason thereof; the parties intending and agreeing hereby to carry out the spirit and purpose hereof; and the spirit and purpose of the related provisions of the Will of the late Amon G. Carter to the fullest extent that the governing law permits them so to do. IN WITNESS WHEREOF, Fort Worth and Foundation, each acting herein by and through their proper officers duly authorized so to act, have executed this agreement under their respective seals p-10 in several counterparts, each of which shall be considered an original, at Fort Worth, Texas, this �.�day of February, A. D. , 1959. THE CITY OF FORT WORTH, TEXAS $Y o rL l J � Mayor 61 City Manager pl" 1 r ity Secretary l AMON G CARTER FOUNDATI By 4�4� 4' Prefi6ent A f t_e s t: Naa, Secretary p-I1