Loading...
HomeMy WebLinkAboutResolution 09-2000 , , � RESOLUTION NO. 9-00 RESOLUTION AUTHORIZING MAYOR TO EXECUTE MEMORANDUM OF UNDERSTANDING WITH SDSU. WHEREAS, the City of Brookings has heretofore adopted Resolution No. 5-00 pertaining to the joint financing of the SDSU Performing Arts Facility Project, and WHEREAS, it is necessary to enter into a Memorandum of Understanding with SDSU and the State of South Dakota pertaining to the financing and use of said Performing Arts Center, now therefore, BE IT RESOLVED that the Mayor is hereby authorized to execute the Memorandum of Understanding in the form that was presented to the City Council on the 14'�day of February, 2000, the execution of said Memorandum to be no earlier than the effective date of Resolution No. 5-00. Passed and Approved this 14�'day of February, 2000. CITY OF BROOKINGS �y pF BRp��/ i V�.\N�OFPORqt:yC f0:fP �j MAR 9 i Q Mayor A � 1883 �:� y�. ,•aQ CS'•a.....•'�� �Q SOV City Clerk . 2/2/00 Proposed Changes to Performing Arts Memorandum of Understanding Item 4, bottom of page 2. After the first sentence, ending with "...duly scheduled events or activities." Add South Dakota State University shall guarantee that up to days in each calendar year shall be available for scheduling in the facility for use by the Brookings School District or groups sponsored by the City. Additional opportunities for scheduling the facility will be available to other groups or organizations when it is not scheduled by the University, School District or City. Add Item 5 beginning with sentence starting"Events scheduled by the City or School District will be billed..." � Renumber Items 5, 6, and 7 to 6, 7, and 8 2/2/00 MEMORANDUM OF UNDERSTANDING WHEREAS, the Seventy-Third session of the Legislature of the State of South Dakota by Chapter 107, signed March 13, 1998, authorized the Board of Regents to contract for the construction of and the equipping and furnishing of a Performing Arts Center at South Dakota State University, Brookings, at an estimated cost of$10,400,000 to be paid from other funds under the control of the Board of Regents, from gifts and grants to South Dakota State University specifically for this purpose, including bond proceeds provided by the City of Brookings, and from financing provided pursuant to chapter 13-51 A, all of which were appropriated to the Boazd of Regents for the purposes of the act; and, WHEREAS, Section 2 of the act provided that the Board of Regents should set aside the sum of$1,040,000 for the purpose of maintenance and repair of the facility to be paid from other funds under the control of the Board of Regents including gifts and grants; and, WHEREAS, Section 3 of the act empowered the Board of Regents to expend funds obtained for the purposes of the act and appropriated the funds to the Boazd; and, WHEREAS, Section 4 provided that the administration of the design and construction of these facilities and oversight of building committees appointed therefore, as provided in Chapter 5-14-3 shall be under the general charge and supervision of the Governor and the executive director of the Board of Regents or their designees; and, WHEREAS, the City of Brookings by viRue of the power granted to the City of Brookings under SDCL 9-12-4 and 9-12-5 has the power to enter into an agreement with the State of South Dakota and with any authorized agency of the state to carry out any authorized municipal function, and is authorized to give and convey any personal property of the municipality to the state to be used for an authorized public purpose upon the terms and in the manner provided by resolution of the governing body; and, WHEREAS, the State of South Dakota caused to be platted property described as follows, to-wit: Plat of South Dakota State Universi�, located in the Southwest Quarter of the West Half of the Northeast Quarter Section 24, Township 110 North, Range 50 West Brookin�s Brookings Countv. South Dakota. and upon which real property is to be constructed the Performing Arts Center facility as authorized by Chapter 107 of the 1998 Session Laws of the State of South Dakota; and, � WHEREAS, the State of South Dakota is constructing a Performing Arts Center facility on the campus of South Dakota State University, Brookings, South Dakota, on behalf of the Board of Regents of the State of South Dakota; and, WI�REAS, the City of Brookings is contributing to the financing for the construction of said facility to enhance the availability of multi-use facilities for the City of Brookings and surrounding Brookings County area; and, WHEREAS, in order to recognize the cooperative effort of the City of Brookings and South Dakota State University for the use of the facility, which is being jointly constructed, and in order to reduce to writing the contractual obligation established by the Board of Regents and the local unit of government, namely, the City of Brookings, a municipal corporation of the State of South Dakota. NOW, THEREFORE, this Memorandum of Understanding and legal binding contract is entered into by and between (South Dakota State University) the Board of Regents of the State of South Dakota and the City of Brookings, a municipal corporation of the State of South Dakota, to set forth in writing in general terms the right of access to the facility and the nature of the cooperative arrangements which will be utilized in the use of the facility to maximize the benefit, not only to the campus of South Dakota State University, but also to the City of Brookings and surrounding Brookings County area. 1. All parties to this agreement recognize that this is a legal binding contract granting right of access to the facility in the manner contractually established by the Board of Regents and the City of Brookings, which is granted and given in consideration of the payment by the City of Brookings of$6,000,000 for the construction of and the equipping and furnishing of a Performing Arts Center facility at South Dakota State University, Brookings, South Dakota. 2. All parties to this agreement recognize that the facility being constructed is primarily intended for the educational and cultural needs of the campus of South Dakota State University, under the direction of the Board of Regents. 3. The administration of South Dakota State University, through the Board of Regents, shall be responsible for the primary management and maintenance of the facility, including scheduling, security, maintenance, control of concessions, formulation and enforcement of building rules, and establishment of fee schedules for use of the facility. 2 � 4. Special activities, such as events sponsored by the City of Brookings, the Brookings School District, or other community organizations for which other accommodations in the surrounding area are not available or appropriate, shall be scheduled and permitted when the facility is available and not needed for other duly scheduled events or activities. NEW: South Dakota State University shall guarantee that up to days in each calendar year shall be available for scheduling in the facility for use by the Brookings School District or groups sponsored by the City. Additional opportunities for scheduling the facility will be �vailable to other groups or organizations when it is not scheduled by the University, School District or City. NEW Numbering 5. Events scheduled by the City or School District will be billed for actual costs of set-up, custodial or security services required. No additional rental fees, long-term maintenance and repair costs, or other indirect , charges will be assessed to the City or School District. Facility usage charges to other organizations may be based on a separate schedule of usage fees. 6. T'he administration of South Dakota State University shall cooperate with city and school district officials and other organizations in the use of the facility for major spectator events or other activities to the extent that such do not cause hazards to the maintenance of the facility and conflict with regularly scheduled university events or activities. 7. All parties to this agreement agree to the establishment of an advisory committee comprised of three (3) members, said members including the Vice President for Administration at South Dakota State University or designee, a representative of the Brookings City Council, and the Superintendent of the Brookings School District or designee. The primary function of the committee shall be to further the cooperative effort among the parties regarding use of the facility for major spectator events or other appropriate activities. The committee shall make recommendations to the administration of South Dakota State University on the matters listed below and other issues as the committee deems appropriate: a) Short and long-term scheduling plans for the use of the Center by the School District, City, and University; b) Identification of community arts, cultural, music or other groups eligible for sponsorship by the City of Brookings for use of the facility at actual cost. c) Improvements in operational policies and procedures which will � enhance utilization of the Center. , � In the event of disagreement, the administration of South Dakota State University shall be the final deciding authority. 8. :�ny use by the City of Brookings or the Brookings School District shall not result in any liability to the university arising from the use of the facility and such liability shall be the responsibility of the sponsors of any such event or activity scheduled for the facility. This Memorandum of Understanding does not constitute a binding contract concerning the specific use of the facility for any specific events, but it does impose an obligation and duty upon the State of South Dakota to provide for a right of access to the facility in the manner contractually established herein. This Memorandum of Understanding for the intergovernmental cooperation and use of the facility being constructed on the campus of South Dakota State University is executed by South Dakota State University and is accepted and agreed to by the Board of Regents. • Dated this day of , SOUTH DAKOTA STATE LJ1vIVERSITY By . Peggy Gordon Elliott, President CITY OF BROOKINGS, a municipal SOUTH DAKOTA BOARD OF Corporation of the State REGENTS of South Dakota " � By By � f � � Vice President for Administration South Dakota Box 2201,Administration Bldg.226 State University Brookings,SD 57007-2198 Phone:605-688-6157 � FAX:605-688-4443 SDSU February 2, 2000 TO: Acting City Manager Alan Thelen FROM: Mike Reger �i�`� RE: Performing Arts Center Enclosed are copies of the proposed changes to the Performing Arts Memorandum of Understanding that we have discussed on the phone. There is a separate sheet with only the new language. I have also reproduced the entire Memorandum with the changes incorporated in bold print. E� i�ht additional copies of all of the materials are included for the council. Let me know if you have any questions. I have looked at the proposed resolution regarding the Performing Arts Center and I would suggest only one change. In the first "whereas" section, you describe a 1000 seat music hall and 200 seat theatre. I think we should insert "studio theatre" in that section since that is specifically what we are building and the clarification would avoid any confusion in the future. With that change I think the resolution is appropriate and I support it completely. Please call if you need anything else. I will see you at the council meeting on the 14�'. MPR:bmc Enclosure