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HomeMy WebLinkAboutR85-857J< RESOLUTION NO. R85-857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PIAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EX~CU~ AN AGBRW~NT WITH BAYLOR LAW SCHOOL FOR LOANING THE CHARLES TRAVIS BAYLOR LAW SCHOOL DIPLOMA TO THE BAYLOR LAW SCHOOL. WHEREAS, the request has been made by Baylor Law School for the loaning of the Charles Travis Baylor Law School Diplcma to be displayed to students and also-,ii interested in the past of the Law School; and WHEREAS, the diplcma is property of the City and agreed that the diploma will be returned to the City at any time requested: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Plainview, Texas that the Mayor be authorized to execute an agreement with Baylor Law School for the loaning of said diplc~a. PASSED AND APPROVED this the 25th day of June, 1985. ATI~ST: E.V. RIDLEHUBER, Mayor MALCOLM TISDEL MOREHEAD, SHARP ~: TISDEL 621 BALTIMORE STI~ET P, O. Box 1600 PLAmWEW, TEXAS 79072 (806) 293-4321 June 10, 1985 Mr. Gene Ridlehuber Mayor, City of Plainview City Hall Plainview, Texas 79072 Dear Gene: Pursuant to the conversations we have had concerning the Charles Travis Baylor Law School diploma, I request, on behalf of Baylor University, that the City consider loaning the diploma to the Baylor Law School for display in its Law School building. The diploma would be of great significance to Baylor Law School, where it could be displayed to students and al~mni interested in the past of the Law School. Baylor understands that the diploma is the property of the City and is not seeking any property right therein. It is requesting that the diploma be loaned to Baylor for display in its Law School with Baylor agreeing to return the diploma at any time requested by the City. I enclose an original and copies of a proposed agreement concerning a loan of the diploma to Baylor. If this meets with your approval, and the approval of the City Council, please execute and return all copies to me. I will then send them to Baylor to be executed by the Dean of the Law School with executed copies to be returned to you. When this has been accomplished, the mechanics of delivering the diploma to Baylor can be discussed. If the draft loan agreement is not satisfactory, please contact me and we can rework its terms to meet with your approval. With best personal wishes, I am, Yours truly, Malcolm Tisdel MT/bks Enclosures AGREEMENT dated the day of 1985, between the City of Plainview, Texas, (hereinafter called "City") and Baylor University (hereinafter called "Baylor"): W I TNE S S E TH: WHEREAS, City is the owner of a diploma from Baylor Law School issued to Charles Travis about 1860 and Baylor desires to secure the loan of such diploma for display in its Law School; NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, City and Baylor have agreed, and by these presents do agree as follows: (1) City will loan to Baylor, .for the purpose of exhibition and ~ display only, the diploma from Baylor Law School issued to Charles Travis about 1860. (2) The loan of the diploma may be terminated at any time. If the City desires to terminate this loan, Baylor will redeliver the diploma to the City upon three (3) day's notice given by the City of its intention to terminate this loan and to withdraw the diploma. If Baylor desires to terminate this loan, it shall give the City seven (7) day's notice of such fact and, on or before the end of such seven (7) day period, City will arrange to accept redelivery of the diploma from Baylor. (3) The diploma is loaned to Baylor for the sole purpose of exhibition and display in its Law School premises in Waco, Texas, and not elsewhere without prior written consent of City. (4) The City will deliver the diploma to Baylor in the manner requested by Baylor. The diploma will be delivered in its present condition. Baylor shall be obligated to restore such diploma to as good a condition as possible. (5) Baylor is to keep and maintain the diploma with proper care so that it will not be injured. Baylor is to be liable for damage to or loss of the diploma from all.causes except war, confiscation or order of any government or public authority to the limit of the value established for the diploma herein. (6) For the purposes of the loan, the City establishes the value of the -diploma at $1,000.00 and it is the obligation of Baylor, and Baylor agrees, to insure such diploma against damage or loss from all causes not excepted herein and to keep such insurance in force at all times while the diploma is on loan to Baylor. (7) ~Upon the termination of this loan, Baylor is to redeliver the diploma to the City, by releasing the diploma to the City or to its designated agent or by shipping the diploma, shipping charges prepaid, as City may direct. (8) The diploma is, and will remain, and at all times shall be deemed to be, the sole and exclusive property of City, and Baylor has no right of property therein. (9) Baylor will prepare and affix to the frame in which the diploma is displayed a metal plaque, of the size appropriate to the size of the frame and the diploma, showing City to be the owner of the diploma. (10) Any notice to be given hereunder shall be in writing, and delivered in person or sent by registered or certified mail with postage prepaid, to the party to be notified at the address set forth herein, or at such other address as the party to be notified shall have directed, and shall be deemed to be given when so mailed. The address of each party hereto for the purpose of mailing of notice, until changed as herein set out, shall be as follows: (a) City of Plainview City Hall Plainview, Texas 79072 (b) Baylor Law School Baylor University Waco, Texas 76798 (11) No modification of the agreement set out herein shall be binding unless such modification is in writing, duly accepted and executed by both City and Baylor. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement the date hereinabove first set out, in several counterparts, each such counterpart so executed shall be deemed an original. CITY OF PLAINIPlE~ , Its Mayor BAYLOR UNIVERSITY BY: Dean of Its School of Law -2-