HomeMy WebLinkAboutResolution - 082753B - Operating Agreement - TTU - Aud._Col.Use & Parking Space - 08_27_1953 C82;
h h S O L V T i 0 N
BE IT RUWLVZrj SY THE CITY COMMI"ION OF THr.CITY OF LUBBGCK:
T HA-T the Mayor BE, and he 9s hereby authorized to execute an
beh&U of the City of Lubbock the original=4 two(2)copies of the attached -
Operating Agreement rolating to use of the Auditorium*Coliseum and a► -
tenames, as executed by College authorities the Z01h Pay of A"t, 1163.
Can motion cd Conunissioinor Morris , seconded by
CommAssiosnees Thomas ##he foeregoing R000lution eras
approved and passed this 2r7tn Uy of august 1953, by the
fou outing vote:
Coramissionere voting "Y&A'Ns Morris,Carpenter,Davis,Thomas
& Mayor Tripp
Ceam=168imers voting '`NAY"s None
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1 V
OPERATING AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOC4
WHEREAS, under the authority of H.B. No. 478, the Texas Legislature
authorized the Board of Directors of Texas Technological College to convey
a tract of land on the College Campus to the City of Lubbock for Audtiorium-
Coliseum purposes for the use,of the City of Lubbock, a Municipal Corporation
of Lubbock County, Texas, andiiTexap Technological College:
AND WHEREAS, the best interest of both the said College and City will
be served by entering into a written agreement regarding said use, the
parties have agre04 as follows:
(1) The City of Lubbock is to erect all improvements in connection
with said Auditorium-Coliseum at its own expense and is to maintain same,.
under an Operational Board, upon which Board Texas Technological College is
to have at least one representative at all times, with said representative
being subject to the approval of the President of Texas Technological College.
(2) On or before June 15th of each year the College will furnish the
City, or the person responsible for the scheduling of events in said Audi-
torium-Coliseum, a schedule of events for the college-sponsored programs
/^ during the succeeding twelve (12) Months beginning September 1; and the
College will be given the dates and hours set up in said schedule, and no
other events will be scheduled on paid hours and dates so as to conflict with
the use by the College, it being contemplated that approximately thrity-eix
(36) such scheduled events by the College will be made and the City agrees
to arran8e for said fixed hours and dates, provided such dates do not con-
flict with existing commitments pr viously made by the Operational Board.
In the event of any conflict, it shall be determined in the public interest
by the Operational Board. In the went the College desires additional use,
the City agrees to set the best available hours and dates:for the holding of
such additional college-sponsored events.
(3) The City agrees, upon receipt of the scheduled college-sponsored
events above mentioned, that it wi11 furnish to the College a last of ex-
penses to be incurred'in the use of the Auditorium-Coliseum by the College.
This schedule of cost shall include the cost of day and night events sepa-
rately, as well as the use of the Auditorium only, or Coliseum only, or if
both the Auditorium and Coliseum are used, the cost of such use shall be
shown in the schedule to be furnisped the college.
(4) It is understood that the use of the Auditorium-Coliseum by the
College for college-vsponaored events be upon the basis of cost when no
admission is charged, and when an$dmission fee is charged the use is to
be based upon a cost plus basis. It is understood when the College is
placed upon a cost plus basis for the use of the Auditorium-Coliseum that,
�. admission by student activity ticket or season ticket that the calculation
of the cost shall by the pro rats amount the College has received for such
admission to the event,
(5) The City agrees to maintain the parking area apd 6th Street at its
own expense and will police the "ing of vehicles attending Auditorium-
Coliseum events not sponsored byte College.
(6) It is further agreed that the parking area maq be used by the College
for R.O.T.C. drills when no event s scheduled in the Auditorium-Coliseum
which would conflict with the use Of the parking area.
(7) The parking area shall not be v«ed=%" wff"etreet;-parking by either the
College, the City, or the general public at any time, and the City agrees
to enforce this provision.
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(8) It is agreed that where two or more events are scheduled in either
the Stadium, Auditorium or Coliseum, there shall be no priority assigned in
the parking area and that such parking shall be on a first come first served
basis.
(9) It is understood that the parking area may be used for parking for
any College-sponsored event when not in conflict with Auditorium-Coliseum
or Stadium activities.
(10) The 'City agrees that the building and grounds shall not contain
any billboard ;advertising, signs or any other advertising other than that
which may be Placed on the building of the Auditorium-Coliseum itself for
special programs.
(11) The City agrees immediately after each event to clean the pasting
area so that loose papers and other trash will not clutter up the grounds .of
the College. This cleaning shall be done not later than the early morning
following the might of the event and part of the cost of cleaning the grounds
will be used in determining the cost of the use of the Auditorium-Coliseum:
The College will clean after events held in the Stadium.
(12) The City will exercise due caution and diligence to protect.College
property during the use of the Auditorium-Coliseum by City-sponsored events,
and the College will likewise protect College and City property during use
of the Auditorium-Coliseum by college-sponsored events.
(13) Thisagreement shall be mutually binding on both parties through-
out the use of said Auditorium-Coliseum as stated in H.B. 478.
(3-4) It is understood that both parties will at all times endeavor to
work together i'n the use of the Auditorium-Coliseum so as to promote the
best interests gt all times of both the College and the City, and that when
problems arise requiring a change or modification in this agreement that
the proper authorities for both parties shall be informed thereof, and as
quickly as possible under the circumstances, said problems shall be decided
by said parties.
(15) It is understood and agreed that the College shall not be liable
in any respect for any injuries to property or persons arising out of the use
of said Auditorium-Coliseum or the adjoining parking lot or streets for City-
sponsored events.
WITNESS OUR HANDS at Lubbock, Texas, this 20th day of August ,
1953.
BOARD OF DIRECTORS
TEXAS TECHNOLOGICAL COLLEGE
By:LsL Chass C. Thommpson _ _ _
Chairman of the Board of Directors
LsL W. T. Gatson Secre tary of the Board__ _of -Di-re-et—ors
ATTEST:
LsL WtT_Gatsbn _ _ _ __ __ _ _ _
Secretary
(SEAL) CITY OF LUBBOCK
i
By:LsL Murrell R. Tripes_ _ _ __ _ _
MURRELL R. taPP, Mayor
ATTEST:
LeL _ Lav_epia Lowe__ _ __ __ _ _ _ __ _ _ _
Lsvenia Lowe, City Secretary-Treasurer
(SEAL)
Cogy
(Deed)
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK
WHEREAS, the State of Texas owns the lands described by this conveyance
and which are part of Texas Technological College Campus at Lubbock, Texas, and
the Board of Directors of said college has oelected a tract of land pursuant
and subject to the provisions of House Bill 478, being an Act passed by the 53d
Legislature Regular Session, 1953, for the purposes therein stated; THEREFORE,
The BOARD OF DIRECTORS OF TEXAS TECHNOLOGICAL COLLEGE herein called
GRANTOR, of the County of Lubbock, State of Texas, acting herein by its duly
authorized officers, for and in consideration of the sum of ONE AND N01100
($1.00) DOLLARS, to it in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal
Corporation, of Lubbock County, Texas, herein.ealled GRANTEE, and the following
considerations, respectively, to be done and performed by Grant or and Grantee,
to-wit:
For the purpose of describing locations and boundaries, a drawing and
plat of the Engineering Department of the City of Lubbock, bearing date 6-16-53,
File No. 2-D-47, as revised 8-3-53, is attached to and made a part of this
instrument of conveyance and marked "Exhibit A"; and,
GRANTEE to construct and erect an auditorim-coliseum structure on Area
No. 1, as designated on "Exhibit A";
GRANTEE to pave the parking area designated as Area No, 2 on "Exhibit A"
and install lighting equipment thereon, and to maintain the parking surface
thereof;
GRANTOR hereby dedicates Area No. 3 on "Exhibit A," being Sixth Street
extended to connect College Avenue with U. S. Highway 62, to public uses GRANTOR
to cause the said area to be opened anc�mproved by TEXAS TECHNOLOGICAL COLLEGE
prior to the completion of the auditorium-coliseum. structure by GRANTEE on Area
No. 1 , as shown by "Exhibit A"; TEXAS TECHNOLOGICAL COLLEGE to clear Area No.
3 for paving purposes and pave said area by paying one-half (1/2) the total cost
of paving the said area according to plans and specifications of the GRANTEEIS
City Engineer; GRANTEE to bear one-half (1/2) the total cost of such paving and
maintain said Area No. 3;
have GRANTED, SOLD AND CONVEYED , and by these presents do GRANT, SELL AND CONVEY
unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation, of the County
of Lubbock, State of Texas, all that certain lot, tract and parcel of land out of
Section One (1), Block E-2, Lubbock County, Texas, more particularly described
as follows, to-wit:
BEGINNING at a point which is 2573.69 feet west and 724.51 feet
south of thgtorhheast corner of Section One (1), Block E-2, Lubbock
County, Texas, said point being the northwest corner of this tract
and also being in the southeast R-0-1ATline of the Texas State High-
way Department Fourth Street Freeway opposite Station No. 82 plus
30.0;
THENCE S. 360 07' 00" E., a distance of 210.00 feet to a point of
curvature;
THENCE in a southeasterly direction along a curve to the leq an are
distance of 644.02 feet (Curve data: R r 410.0 feet, I = 90 00I,
L _ 644.02 feet, the long chord bearing S. 810 071 00" E., a distance
of 579.82 feet) to a point of tangency;
th'ZNCE N. 530 531 00" E. a distance of 220.00 feet to a point;
THENCE N. 360 07 00" W. a distance of 249.37 feet to a point;
THENCE S. 536 53' 00" W. a distance of 125.00 feet to a point;
THENCE N. 360 071 00" W. a distance of 347.55 feet to a point,
said point being in the south R-O-W line of the said Texas State
Highway Department Freeway;
THENCE in a southwesterly direction following the said Highway
R-6-W line along a curve to the 1®ft, an arc distance of 360.48
feet (Curve datat R = 2804.93 feet, I ! 700 210 27", L _ 360.48
feet the long chord bearing S. 570 330 44" W. a distance of 359,94
foot] to a point of tangency, said point being opposite Station
'Nod, 83 plus 75.8 of the said highway;
THENCE S. S30 531 00" W. a distance of 145.80 feet to the PLACE OF
' PF�GINNING;
h
gqnntaining 7.01 acres of land, and being Area No. 1 shown on
GRANTOR hereby grants an easement to the CITY OF LUBBOCK fcr public
parking uses necessary and incidental to the use of the auditorium-coliseum to
be e-eote4 on Area No. 1, upon all of Area No. 2, as shown by "Exhibit A"i
saldiarea and tract of land being out of Section One(1), Block E-2, Lubbock
Cauntyt ��Xas, and mere particularly, described by metes and bounds as followst
jMSG7.NNING at a point which in 1186.40 feet west and 71.91 feet
"south of the northeast corner of Section One (1), Block Ey-2, said
int bei
ng ing the northeast corner of this tract and also being 30.00
leet west of the centerline of a north and south street. A poo-
ection of said centerline passes through Station No. 98 plus
!46.0 at the centerline of the East Bound Leg of the Fourth Street
Freeway, as established by the Texas State Highway Department;
THENCE south a distance of 705.39 feet to a point, said point
�te!130,0
feet west of the centerline of said north and south
;
THENCE west a distance of 278.44 feet to a point of curvature'
THENCE in a southwesterly direction along a curve to the left, an
Are distance of 250.49 feet (Curve datat R pr 398,25 feet,
7 = 36 071 00", L = 250.69 feet, the long chord bearing S. 710
30" W. a distance of 246,90 feet) to a point of tangency,
1569
sai.d point being in the most easterly corner of an Auditorium-
Coliseum tract;
; !THENCE N, 360 070 00" W. with a boundary line of an buditoriima
'Coliseum tract a distance of 249.37 feet to a point;
THENCE S. 530 531 00" W. with a boundary line of an Auditorium-
Coliseum tract, a distance of 125.00 feet to a point;
THENCE N. 360 071 00" W. with a boundary line of an Auditorium-
Coliseum tract a distance of 347.55 feet to a point, said point
being in the southeast R-OW line of the said Fourth Street
;I- Freeway;
THENCE in a northeasterly direction, with the south R--O-W line of
said Fourth Street Freeway, along a curve to the right an arc
= i I . distance of 176.81 feet (Curve Data; R = 2804.93 feet, I 03 361 331t, L = 176.81 feet the long chord bearing N. 63 031 00"
E. a distance of 176.20 feet$ to a point of tangency.
THENCE N. 640 511 00" E. with the south boundary line of the
said Fourth Street Freeway, a distance of 366.90 feet, to a
point of curvature;
THENCE in a northeasterly direction, with the south R-O-W line
of the said Fourth Street Freeway, along a curve to the right
an arc distance of 09.62 feet (Curve datat R = 1577.28 feet,
I .6 1.80 061 13", L = 498.62 feet, theJlong chord bearing N.
73 541 07" E. a distance of 496.30 feet9 to the PLACE OF BEGINN M
Containing 11.15 acres of land;
Oe2vT�3�3
it'being farther provided that title 'to said tract of land constituting Area
No. land buildings .located thereon, together with the easement herein granted
to Area No. 2 and the public easement herein granted to Area No. 3, shall revert
a to TEXA6 TEClbTOLOGICAL COLLEGE should GBdNTEE permanently abandon the proposed
structure (auditorium-coliseum) and tract of land designated on said "Exhibit AR
E: as Areai1o. 1, for auditorium-coliseum purposes.
j'
TO HAVE AND TO HOLD the above described premises, together with all and
singular, the rights and appurtenances thereto in anywise belonging unto the said
CITY OF. LUBBOGX and its assigns forever; and GRFNTOR hereby binds itself and its
successors, the State of Texas, and Texas Technological College, to warrant and
forever defend, all and singular, the said premises unto the said CITY OF LUBBOCK,
a How Rule Munieipalf Corporation, and its assigns, against every person whomso-
ever lawfully claiming, or to claim the same or any part thereof.
This conveyance, together with easements and other rights herein granted,
is made and executed in contemplation of the City of Lubbock's constructing and
erecting an auditorium-coliseum as provided herein.and is subject to due acceptance
by the10mverning Body of the City of Lubbock, and 04rovisions of this instrument
shall not be construed to preclude the parties hereto from further contracting as
provided by Hose Bill 478.
f.
VITNLSS OM HANDS at Lubbock, Texas, this 15th day of August, 1953.
BOARD OF DIRECTORS
TEXAS TECHNOLOGICAL
COLLEGE
t ; By: /s/ Chas. C. Thompson
Chairman of the Board
of Directors
ATTEST:
W. T. Gaston Ls/ W. T. Gaston
Secretary Secretary of the Board of
Directors
(SEAL)
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