HomeMy WebLinkAboutResolution - 4329 - Cooperative Agreements - NWP Inc - 50 Historic Windmills - 11_18_1993Resolution #4329
November 18, 1993
Item #
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Cooperative
Agreement by and between the City of Lubbock and the National Windmill
Project, Inc., attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
Betty o nso , City Secretary
APPROVED AS TO CONTENT:
4)'t� &-4-M
David ison, Assistant City
Manager for Management Services
APPROVED AS TO FORM:
o G.-Vandiver,Fl—r—st Assist n
City Attorney
DGV:da/ccdocs/A-NHWP.res
November 5, 1993
THE STATE OF TEXAS §
COOPERATIVE AGREEMENT
COUNTY OF LUBBOCK §
THIS AGREEMENT is made and entered into by and between the City of
Lubbock, Texas, (hereinafter called "City") and the National Windmill Project, Inc.,
(hereinafter called "NWP"), all acting herein by and through their duly authorized officers
and officials.
WHEREAS, NWP plans to build a windmill museum on the Texas Tech
University Campus adjacent to the present Ranching Heritage Center; and
WHEREAS, NWP has the ability to acquire some 50 windmills from Mitchell,
Nebraska, to serve as the nucleus of the museum; and
WHEREAS, NWP believes the proposed windmill museum will encourage
tourists and convention delegates to visit Lubbock in order to see the windmills on
display in and around the museum; and
WHEREAS, Section 351.101(a)(5) of the Tax Code provides that revenue from
the municipal hotel occupancy tax may be expended upon al restoration and preservation
projects and museums located in a municipality that would be frequented by tourists,
convention delegates, or other visitors to the municipality; and
WHEREAS, it is the opinion of the NWP that such a facility might attract as many
as 200,000 additional visitors to Lubbock annually and that the International Windmillers
Association also may desire to conduct conventions and other meetings in Lubbock; and
WHEREAS, both parties to this Agreement believe that such a project will
promote tourism and the convention and hotel industry of the City of Lubbock; and
WHEREAS, the City Council finds that execution of this agreement will not
require the expenditure of more than 15% of the available hotel occupancy tax revenues
for Section 351.101(a)(5) purposes, which is prohibited by Section 351.103(c) of the Tax
Code; and
WHEREAS, funding of such projects is authorized by law; NOW THEREFORE:
WITNESSETH:
The parties hereto mutually agree that financial assistance shall be provided by the
City to NWP and accepted by NWP upon the following terms and conditions, to -wit:
1. CONTRIBUTION. The City shall contribute a total sum of not more than
sixty-five thousand dollars ($65,000.00) to NWP to be used in conjunction with this
project. This sum will be paid in an increment of fifty thousand dollars ($50,000.00) for a
portion of the purchase price of such windmill collection at Mitchell, Nebraska, upon
receipt of written verification by NWP that they have in hand the entire amount of
$225,000.00 necessary to purchase the said windmill collection. The City will make such
payment within ten (10) days of receipt of such notification by NWP. The other increment
of fifteen thousand dollars ($15,000.00) will be paid to NWP upon receipt of written
verification from NWP that the windmill collection has been transported to Lubbock.
Payment of such amounts shall be subject to the contingencies contained herein.
2. DUTIES OF NWP. NWP shall be responsible for the following matters:
(a) Obtaining sufficient funding to purchase the windmill collection at Mitchell,
Nebraska, as planned
(b) Transportation of said windmill collection to Lubbock from Mitchell,
Nebraska.
(c) Proper handling and storage of the said windmill collection until such time as
the proposed museum facility upon the campus of Texas Tech University is completed.
(d) Obtaining sufficient funding to support the construction and maintenance of the
proposed museum facility upon the campus of Texas Tech University.
(e) In the event that such museum facility shall not be constructed within four (4)
years or the collection is ever sold for any reason, NWP hereby agrees to refund to the
City of Lubbock the entire amount of $65,000.
3. INDEMNIFICATION. The parties hereto agree to be responsible for the
actions of their own officers, employees, agents and members and to hold the other party
harmless from any claims, damages or liability of any nature whatsoever stemming from its
own activities pursuant to this Agreement.
4. TERNRNATION. This Agreement may be terminated by the City for violation
of the terms of this Agreement. Written notice of such violation shall be mailed to NWP
by certified mail. In the event NWP fails to correct any such violation within ten (10) days,
the City may give written notice that the Agreement is terminated. Following delivery of
the notice of termination, the City shall have no further liability for payments to NWP.
5. NO PRIVITY OF ENDEAVOR. It is specifically agreed that there shall be no
privity of endeavor whatsoever between the City and NWP and that the sole connection
between the parties is the contribution of money and the provision of services under the
restricted conditions state herein set forth and that such contribution and services are for
COOPERATIVE AGREEMENT — National Historic Windmill Project, Inc. Page 2
the sole purpose set forth herein, and it shall in no way be construed as a continuing basis
for financial support.
6. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement
between the parties hereto, and this instrument may be altered, changed or amended only
by written agreement of the parties.
7. TERM. In the event that NWP has not purchased and transported the windmill
collection located in Mitchell, Nebraska and a museum facility at Texas Tech University
has not been constructed and endowed within four (4) years, this Agreement shall become
null and void and of no effect and the amount of $65,000 shall be reimbursed to the City.
EXECUTED this RL day of KjUeKb Z , 1993, in Lubbock, Texas.
NA
PR
by:
titli
ATTEST:
Corp ate Secretary
ddsn.indmin.doc
ATTEST:
Betty . Johnso City ecretary
APPROVED AS TO CONTENT:
David Ellison, Assistant City Manager
for Management Services
Zhald
VED AS TO FO
G. Va
ndiver, \j
First Assistant City Attorney
COOPERATIVE AGREEMENT — National Historic Windmill Project, Inc. Page 3
NAT = ONAL W = NDM = LL PROJECT = NC
A Non -Profit Corporation for the Preservation of the American Windmill
December 14, 1993
City Of Lubbock
Lubbock, Tx 79401
The NATIONAL WINDMILL PROJECT, INC. has as of this date, moved the
entire Don Hundley windmill collection to storage in Lubbock.
The windmills, weights, vanes, and pumps are stored in two
locations; 1) a 3600 sq. ft building located at the Bowers Plastic
Company plant site on north Interstate 27, and 2) on the Lubbock
County storage lot located in Shallowater, Texas.
The windmills have not yet been assembled after shipping but can
be viewed in their present state by contacting Coy Harris,
790-4587.
Thank you for your help and interest.
NATIONAL WINDMILL PROJECT, INC
COY F. HARRIS
Project Engineer
P. O. BOX 4666 TECH STATION LUBBOCK, TX 79409 (806) 795-3438
PURCHASED WINDMILL COLLECTION
HUNDLEY MUSEUM, MITCHELL NEBRASKA
(1) Raymond, 10' wheel, vaneless, 20' full tower
(2) Ozark, 10' wheel, vaneless, 20' full tower
(3) Monitor, 10' wheel, vaneless, 22' full tower
(4) Baker, 6' steel wheel, 40' full steel tower
(5) Twin Wheel, 2-12' steel wheels, 26' full pole tower,
extremely rare
(6) Eclipse, 10' wooden wheel, 40' full wood tower
(7) Sampson, 4' steel wheel, steel stub tower, rare
(8) Windcharger, 12 volt, steel stub tower
(9) Eclipse, 5' wood wheel, scale model, 1/2 size, rare
(10) Aeromatic, steel, three blades, vaneless, never used
(11) Aeromatic, steel, three blades, with vane
(12) Eli, 8 1/2' steel wheel
(13) Elgin Hummer, Model L, steel, vaneless, 10' wheel
(14) Manville, 10' wooden solid wheel, rare, only one known
(15) U.S. Model 11111, 8' steel wheel
(16) Easy, 8' steel
(17) Plattner Yale, 10' folding wheel, vaneless
(18) Kenwood, Red Cross Mfg. 10' wood wheel
(19) Success, 10' wooden, vaneless
(20) Challenge, 8' steel wheel, side vane
(21) Elgin Hummer, Victor, 10' folding steel wheel, squirrel
weight, rare
(22) Fairbanks Morse, 12' wooden wheel, vaneless
(23) Curry, 6' wheel, steel, full wooden tower
(24) Buchannan, 10' wood wheel, rare, only one known
(25) Lowell, full steel tower, rare
(26) Iron Turbine, 8' wheel, full wood tower, extremely rare,
this particular machine sought by the Smithsonian
Institute Washington DC
(27) Good Hue, rare
(28) Duplex, 10' vaneless
(29) Eclipse, 8 1/2'
(30) Challenge, early first tyRe, rare
(31) Flying Dutchman, only one known, rare
(32) Original Dempster, only one known, rare
(33) Original Monitor, regulator weight, rare
(34) Dempster #8, 8' steel wheel
(35) Perkins, 8' steel
( 36 ) Baker, Heller & Aller Co., 81, single eccentric, only one
known, extremely rare
(37) Clipper, 6' wheel
(38) Woodmanse, 8' steel wheel
(39) Freeman, steel wheel
(40) Monitor, still in shipping crate
(41) Dempster # 11
(42) Fairbury, folding wheel, earlist model, original, rare
(43) Windlass, old hand forged, rare
(44) Yale #6, rare
EQUIPMENT cont.
page 2
45) Monitor, original, vaneless
46) Halladay Standard, rare
47) 12' Aeromotor, power mill, unrestored, rare
48) Model F Elgin, 12' vaneless unrestored, rare
49) Perkins, 14' wheel, unrestored, rare
50) Fifteen Salesman Samples, very difficult to find
51) 171 Windmill Weights, some extremely rare and valuable
52) 64 photographs, signs, parts lists
53) 15 Vanes - steel
54) 7 Vanes - wooden
55) 55 pumps
56) 7 original wheel sections with original paint
57) Miscellaneous items such as weathervans etc
58) 5 pieces of equipment and supplies; Babbitt machine,
radial saw, etc
Windmills 1 thru 46 are fully restored and on either full
towers, wood or metal, or on short stub towers.
THE STATE OF TEXAS
COOPERATIVE AGREEMENT
COUNTY OF LUBBOCK §
THIS AGREEMENT is made and entered into by and between the City of
Lubbock, Texas, (hereinafter called "City") and the National Windmill Project, Inc.,
(hereinafter called "NWP"), all acting herein by and through their duly authorized officers
and officials.
WHEREAS, NWP plans to build a windmill museum on the Texas Tech
University Campus adjacent to the present Ranching Heritage Center; and
WHEREAS, NWP has the ability to acquire some 50 windmills from Mitchell,
Nebraska, to serve as the nucleus of the museum; and
WHEREAS, NWP believes the proposed windmill museum will encourage
tourists and convention delegates to visit Lubbock in order to see the windmills on
display in and around the museum; and
WHEREAS, Section 351.101(a)(5) of the Tax Code provides that revenue from
the municipal hotel occupancy tax may be expended upon al restoration and preservation
projects and museums located in a municipality that would be frequented by tourists,
convention delegates, or other visitors to the municipality; and
WHEREAS, it is the opinion of the NWP that such a facility might attract as many
as 200,000 additional visitors to Lubbock annually and that the International Windmillers
Association also may desire to conduct conventions and other meetings in Lubbock; and
WHEREAS, both parties to this Agreement believe that such a project will
promote tourism and the convention and hotel industry of the City of Lubbock; and
WHEREAS, the City Council finds that execution of this agreement will not
require the expenditure of more than 15% of the available hotel occupancy tax revenues
for Section 351.101(a)(5) purposes, which is prohibited by Section 351.103(c) of the Tax
Code; and
WHEREAS, funding of such projects is authorized by law; NOW THEREFORE:
WITNESSETH:
The parties hereto mutually agree that financial assistance shall be provided by the
City to NWP and accepted by NWP upon the following terms and conditions, to -wit:
1. CONTRIBUTION. The City shall contribute a total sum of not more than
sixty-five thousand dollars ($65,000.00) to NWP to be used in conjunction with this
project. This sum will be paid in an increment of fifty thousand dollars ($50,000.00) for a
portion of the purchase price of such windmill collection at Mitchell, Nebraska, upon
receipt of written verification by NWP that they have in hand the entire amount of
$225,000.00 necessary to purchase the said windmill collection. The City will make such
payment within ten (10) days of receipt of such notification by NWP. The other increment
of fifteen thousand dollars ($15,000.00) will be paid to NWP upon receipt of written
verification from NWP that the windmill collection has been transported to Lubbock.
Payment of such amounts shall be subject to the contingencies contained herein.
2. DUTIES OF NWP. NWP shall be responsible for the following matters:
(a) Obtaining sufficient funding to purchase the windmill collection at Mitchell,
Nebraska, as planned
(b) Transportation of said windmill collection to Lubbock from Mitchell,
Nebraska.
(c) Proper handling and storage of the said windmill collection until such time as
the proposed museum facility upon the campus of Texas Tech University is completed.
(d) Obtaining sufficient funding to support the construction and maintenance of the
proposed museum facility upon the campus of Texas Tech University.
(e) In the event that such museum facility shall not be constructed within four (4)
years or the collection is ever sold for any reason, NWP hereby agrees to refund to the
City of Lubbock the entire amount of $65,000.
3. INDEMNIFICATION. The parties hereto agree to be responsible for the
actions of their own officers, employees, agents and members and to hold the other party
harmless from any claims, damages or liability of any nature whatsoever stemming from its
own activities pursuant to this Agreement.
4. TERNHNATION. This Agreement may be terminated by the City for violation
of the terms of this Agreement. Written notice of such violation shall be mailed to NWP
by certified mail. In the event NWP fails to correct any such violation within ten (10) days,
the City may give written notice that the Agreement is terminated. Following delivery of
the notice of termination, the City shall have no further liability for payments to NWP.
5. NO PRIVITY OF ENDEAVOR. It is specifically agreed that there shall be no
privity of endeavor whatsoever between the City and NWP and that the sole connection
between the parties is the contribution of money and the provision of services under the
restricted conditions state herein set forth and that such contribution and services are for
COOPERATIVE AGREEMENT — National Historic Windmill Project, Inc. Page 2
the sole purpose set forth herein, and it shall in no way be construed as a continuing basis
for financial support.
6. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement
between the parties hereto, and this instrument may be altered, changed or amended only
by written agreement of the parties.
7. TERM. In the event that NWP has not purchased and transported the windmill
collection located in Mitchell, Nebraska and a museum facility at Texas Tech University
has not been constructed and endowed within four (4) years, this Agreement shall become
null and void and of no effect and the amount of $65,000 shall be reimbursed to the City.
EXECUTED this �S W, day of oueMSeCz- , 1993, in Lubbock, Texas.
NATIONAL WINDMII,L
PROJECT, INC.:
ATTEST:
Corporite Secretary
d&/windmilUbc
LUBBOCK:
R. LAN
ATTEST:
Betty M. Johnson, dity Secretary
AP ROVED AS TO CONTENT:
David Ellison, Assistant City Manager
for Management Services
APPROVED AS TO FO
nald G. Vandiver,
First Assistant City Attorney
COOPERATIVE AGREEMENT — National Historic Windmill Project, Inc. Page 3
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