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Wynne Home deed & records from City Atty. files, 1999THE STATE OF TEXAS COUNTY OF WALKER § 1'w WALKER COUNTY TITLE CO. 1109 University Avenue Huntsville, Texas 77340 GIFT DEED op© 7 KNOW ALL MEN BY THESE PRESENTS: That I, SAMUELLA W. PALMER, Individually and as Trustee of the RUTH W. HOLLINSHEAD TRUST (hereinafter called "Grantor"), in consideration of one dollar in hand paid by THE CITY OF HUNTSVILLE, TEXAS, a home rule municipal corporation of the State of Texas, whose mailing address is 1212 Avenue M, Huntsville, Walker County, Texas 77340 (hereinafter called "Grantee"), have, subject to the exceptions, reservations, conditions and limitations, if any, as hereinafter contained, GIVEN, GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GIVE, GRANT, BARGAIN, SELL and CONVEY unto the Grantee an undivided one-half ('/2) interest in and to that certain property known as the Wynne Home in the City of Huntsville, Walker County, Texas, and described as follows: BEING 1.46 acres out of and a part of Block No. 64, City of Huntsville, P. GRAY LEAGUE, A-24, Walker County, Texas and being also all of the unsold balance of that certain tract or parcel of land conveyed to Lela Mae Brown Wynne in a deed from Ruth Wynne Thomason, et al, dated November 30, 1959 and recorded in Volume 165, Page 115, Deed Records of Walker County, Texas, said 1.46 acres of land being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. Together with all of Grantor's right, title and interest in and to all improvements situated thereon, all appurtenances belonging or appertaining thereto, all easements or rights of way affecting said real property and Grantor's rights to use the same, all rights of ingress and egress to and from said real property and Grantor's rights to use the same, all roads, streets, alleys and ways (open or proposed) affecting, crossing, adjoining, fronting or bounding said real property and all strips, gores or pieces of property abutting, bounding or which are adjacent or contiguous to said real property. This conveyance is made subject to easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and, any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for 1999, the payment of which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor gives the property in memory of her parents, Gibbs Adair Wynne and wife, Lela Mae Wynne, to the Grantee for use as a cultural activities center, including the encouragement, promotion, improvement, and application of the arts, and for historical preservation projects or activities. Additionally, the Grantee may use the property for meetings of civic organizations, receptions, banquets, recitals, and similar activities. Administrative offices may be located in the structure for care and maintenance of the facility. If before January 1, 2018, the property dedicated in this instrument is not used and maintained for any of the purposes mentioned herein, or ceases to GlCim1Palmergfl.002 xyd be used and maintained for any such purpose, then, if the violation is not cured within 30 days after written notice to the Grantee, the Grantor or Grantor's descendants may revert all the right, title and interest in and to the property and the improvements on the property to Sam Houston State University, it successors or assigns, for its unrestricted use. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, hereditaments and appurtenances there unto belonging unto the Grantee, its successors and assigns, forever, subject to the exceptions, easements, reservations, conveyances, conditions and limitations, if any, above set forth; and Grantor does hereby bind herself, her heirs, successors and assigns to WARRANT and FOREVER DEFEND the title to said property unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject to the exceptions, easements, conveyances, reservations, conditions and limitations, if any, above set forth, by, through and under Grantor, but, not otherwise. This conveyance does not include the numerous items of personal property situated within the Wynne Home. Grantor reserves the right to remove this personal property prior to April 1, 1999. EXECUTED this 01"-i day of January, 1999. S d,L61.._(,} SAMUELLA W. PALMER RUTH W. HOLLINSHEAD TRUST By S a'Yvz u-e- SAMUELLA W. PALMER, Trustee THE STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on the day of January, 1999, by SAMUELLA W. PALMER, Individually and as Trustee of the RUTH W. HOLLINSHEAD TRUST. G (imtm.g11.00z.wpd (-A NOTARY UBLIC in and for The State of Texas. Being 1.46 acres out of and a part of Block No. 64, City of Huntsville, P. GRAY LEAGUE, Abstract No. 24, Walker County, Texas and being also all of the unsold balance of that certain tract or parcel of land conveyed to Lela Mae Brown Wynne in a deed from Ruth Wynne Thomason et al dated November 30, 1959 and recorded in Volume 165, Page 115, Deed Records of Walker County, Texas, said 1.46 acres of land being more definitely described by metes and'' bounds as follows: BEGINNING at herein described, of said Block No. of Highway No. 19 angle to and 37.5 Highway No. 19; the southeast corner of said 1.46 acre tract same being the southeast corner of Lot No. 532 64, an iron rod in the north right-of-way line (11th Street), said iron rod being at a right feet from the present paved centerline of said THENCE N89°05'W 168.80 feet with the north right-of-way line of said Highway No. 19 to an iron rod for the beginning of a curve to the left, said curb having a radius of 674.12 feet, a central angle of 02°46'20" and a chord bearing and distance of S89°32'W 32.60 feet; THENCE with said north right-of-way line along the arc of said curve to the left for a distance of 32.60 feet to an iron rod for the southwest corner of said 1.46 acre tract herein described in the east right-of-way line of Avenue 0, said iron rod being at a right angle to and 25 feet from the present paved centerline of said Avenue 0; THENCE N01°02'E 337.90 feet with the east right-of-way line of said Avenue 0, same being the west line of said Block No. 64, to an iron rod for the northwest corner of said 1.46 acre tract herein described, said corner being also the southwest corner of that certain tract or parcel of land conveyed to Ithamon Walker in a deed from Lela Mae Wynne dated October 9, 1961 and recorded in Volume 172, Page 372, Deed Records of Walker County, Texas; THENCE S89°34'E 110.00 feet with the south line of said Walker tract to a stake in the center of Town Branch for its southeast corner, same being the upper northeast corner of said 1.46 acre tract herein described from which an iron pipe for reference on the west bank of said Town Branch bears N89°34'W 8.95 feet; THENCE with the centerline meanders of said Town Branch as follows: (1) S27°24'E 33.50 feet, and (2) S51°57'E 94.50 feet to a stake for the lower northeast corner of said 1.46 acre tract herein described from which an iron rod for reference bn the south bank of said creek bears S01°02'W 20.00 feet; THENCE S01°02'W 251.55 feet with the east line acre tract herein described to the PLACE OF BEGINN Surveyed in April of 1977. Signed: EDIT "A" PAWL! Or.,! TIS 3QF Tau 13 GIFT DEED WALKER COUNTY� CO' 1109 Unit Huntsville, Texas 77340 KNOW ALL MEN BY THESE PRESENTS: COUNIET OF WALKER § DEPUTY That I, SAMUELLA W. PALMER, Individually and as Trustee of the RUTH W. HOLLINSHEAD TRUST (hereinafter called "Grantor"), in consideration of one dollar in hand paid by THE CITY OF HUNTSVILLE, TEXAS, a home rule municipal corporation of the State of Texas, whose mailing address is 1212 Avenue M, Huntsville, Walker County, Texas 77340 (hereinafter called "Grantee"), have, subject to the exceptions, reservations, conditions and limitations, if any, as hereinafter contained, GIVEN, GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GIVE, GRANT, BARGAIN, SELL and CONVEY unto the Grantee an undivided one-half ('/2) interest in and to that certain property known as the Wynne Home in the City of Huntsville, Walker County, Texas, and described as follows: BEING 1.46 acres out of and a part of Block No. 64, City of Huntsville, P. GRAY LEAGUE, A-24, Walker County, Texas and being also all of the unsold balance of that certain tract or parcel of land conveyed to Lela Mae Brown Wynne in a deed from Ruth Wynne Thomason, et al, dated November 30, 1959 and recorded in Volume 165, Page 115, Deed Records of Walker County, Texas, said 1.46 acres of land being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. Together with all of Grantor's right, title and interest in and to all improvements situated thereon, all appurtenances belonging or appertaining thereto, all easements or rights of way affecting said real property and Grantor's rights to use the same, all rights of ingress and egress to and from said real property and Grantor's rights to use the same, all roads, streets, alleys and ways (open or proposed) affecting, crossing, adjoining, fronting or bounding said real property and all strips, gores or pieces of property abutting, bounding or which are adjacent or contiguous to said real property. This conveyance is made subject to easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and, any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for 1999, the payment of which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor gives the property in memory of her parents, Gibbs Adair Wynne and wife, Lela Mae Wynne, to the Grantee for use as a cultural activities center, including the encouragement, promotion, improvement, and application of the arts, and for historical preservation projects or activities. Additionally, the Grantee may use the property for meetings of civic organizations, receptions, banquets, recitals, and similar activities. Administrative offices may be located in the structure for care and maintenance of the facility. If before January 1, 2018, the property dedicated in this instrument is not used and maintained for any of the purposes mentioned herein, or ceases to G:VCimWalmerg0.002.wpd be used and maintained for any such purpose, then, if the violation is not cured within 30 days after written notice to the Grantee, the Grantor or Grantor's descendants may revert all the right, title and interest in and to the property and the improvements on the property to Sam Houston State University, it successors or assigns, for its unrestricted use. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, hereditaments and appurtenances there unto belonging unto the Grantee, its successors and assigns, forever, subject to the exceptions, easements, reservations, conveyances, conditions and limitations, if any, above set forth; and Grantor does hereby bind herself, her heirs, successors and assigns to WARRANT and FOREVER DEFEND the title to said property unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject to the exceptions, easements, conveyances, reservations, conditions and limitations, if any, above set forth, by, through and under Grantor, but, not otherwise. This conveyance does not include the numerous items of personal property situated within the Wynne Home. Grantor reserves the right to remove this personal property prior to April 1, 1999. EXECUTED this 36)11.— day of December, 1998. SAMUELLA W. PALMER RUTH W. HOLLINSHEAD TRUST By .3iavr,,,-(-4-f.c,-- e_A) 02-1-rne-v SAMUELLA W. PALMER, Trustee THE STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on the 3011 day of December, 1998, by SAMUELLA W. PALMER, Individually and as Trustee of the RUTH W. HOLLINSHEAD TRUST. G: W m\Palmcrgft.002.wpd 2 NOTARY PUBLIC in and for The State of Texas. Being 1.46 acres out of and a part of Block No. 64, City of Huntsville, P. GRAY LEAGUE, Abstract No. 24, Walker County, Texas and being also all of the unsold balance of that certain tract or parcel of land conveyed to Lela Mae Brown Wynne in a deed from Ruth Wynne Thomason et al dated November 30, 1959 and recorded in Volume 165, Page 115, Deed Records of Walker County, Texas, said 1.46 acres of land being more definitely described by metes and bounds as follows: BEGINNING at the southeast corner of said 1.46 acre tract herein described, same being the southeast corner of Lot No. 532 of said Block No. 64, an iron rod in the north right-of-way line of Highway No. 19 (11th Street), said iron rod being at a right angle to and 37.5 feet from the present paved centerline of said Highway No. 19; THENCE N89°05'W 168.80 feet with the north right-of-way line of said Highway No. 19 to an iron rod for the beginning of a curve to the left, said curb having a radius of 674.12 feet, a central angle of 02°46'20" and a chord bearing and distance of S89°32'W 32.60 feet; THENCE with said north right-of-way line along the arc of said curve to the left for a distance of 32.60 feet to an iron rod for the southwest corner of said 1.46 acre tract herein described in the east right-of-way line of Avenue 0, said iron rod being at a right angle to and 25 feet from the present paved centerline of said Avenue 0; THENCE N01°02'E 337.90 feet with the east right-of-way line of said Avenue 0, same being the west line of said Block No. 64, to an iron rod for the northwest corner of said 1.46 acre tract herein described, said corner being also the southwest corner of that certain tract or parcel of land conveyed to Ithamon Walker in a deed from Lela Mae Wynne dated October 9, 1961 and recorded in Volume 172, Page 372, Deed Records of Walker County, Texas; THENCE S89°34'E 110.00 feet with the south line of said Walker tract to a stake in the center of Town Branch for its southeast corner, same being the upper northeast corner of said 1.46 acre tract herein described from which an iron pipe for reference on the west bank of said Town Branch bears N89°34'W 8.95 feet; THENCE with the centerline meanders of said Town Branch as follows: (1) S27°24'E 33.50 feet, and (2) S51°57'E 94.50 feet to a stake for the lower northeast corner of said 1.46 acre tract herein described from which an iron rod for reference bn the south bank of said creek bears S01°02'W 20.00 feet; THENCE S01°02'W 251.55 feet with the east line acre tract herein described to the PLACE OF BEGINN Surveyed in April of 1977. Signed: EBuBIT "A" PAGE.. OP.! CITY OF HUNTSVILLE DANNA WELTER CITY SECRETARY November 20, 1998 Mr. Lloyd Martin Via - Hand Delivery Dear Mr. Martin: 1212 Avenue M Huntsville, Texas 77340 (409) 291-5403 fax (409) 291-5409 I am sending you the Gift Deed for the Wynne Home. City Council unanimously voted to accept the gift at the City Council meeting on Tuesday, November 17. Thank you for your help in having this document executed. Please let me know if you need additional information. Sincer- y, a Welter City Secretary cc: Mayor Bill Green GIFT DEED Date: December 1, 1998. Grantor: SAMUELLA PALMER, Individually, and as Trustee of the RUTH W. HOLLINSHEAD TRUST, of Huntsville, Texas 77340. Grantee: THE CITY OF HUNTSVILLE, TEXAS, a home -rule municipal corporation of the State of Texas. Grantee's mailing address: 1212 Avenue M, Huntsville (Walker County), Texas 77340. Consideration: Ten and no/100 dollars ($10.00) and other consideration, and as a gift to the City of Huntsville. Property: 1.46 acres of land, more or less, in the P. GRAY LEAGUE, Abstract No. 24, Walker County, Texas, as more accurately described in the notes and map attached as Exhibit A. Reservations and exceptions to conveyance and warranty: 1. All presently recorded instruments including easements, rights-of-way, mineral severances, and other instruments, other than liens and conveyances, that affect the property. 2. Taxes for the current year (1998), the payment of which the Grantee assumes. 3. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, its successors or assigns forever. Grantor binds itself, its successors and assigns to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. Grantor gives the property to the Grantee for use as a cultural activities center, including the encouragement, promotion, improvement, and application of the arts, and for historical preservation projects or activities. Additionally, the Grantee may use the property for meetings of civic organizations, receptions, banquets, recitals, and similar activities. Administrative offices may be located in the structure for care and maintenance of the facility. If before January 1, 2018, any part of the property dedicated in this instrument is not used and maintained for any of the purposes mentioned herein, or if any part ceases to be used and maintained for any such purposes, then, if the violation is not cured within 30 days after written notice to the Grantee, the Grantor may revert all the right, title and interest in and to the property and the improvements on the property will to Sam Houston State University, its successors or assigns. SAMUELLA PALMER RUTH W. HOLLINSHEAD TRUST by Samuella Palmer, Trustee (Acknowledgment) The State of Texas, County of Walker. This instrument was acknowledged before me on the _ day of , 1998, by Samuella Palmer, Individually and as the Trustee for the RUTH W. HOLLINSHEAD TRUST. Notary Public, State of Texas deedpalmer.glft THE STATE OF TEXAS MURRAY & MOORER, INC, REGISTERED PUBLIC SURVEYORS Huntsville, Texas 77340 X COUNTY OF WM/MR X I, the undersigned BOBBY R. MURRAY, Registered Public Surveyor No. 1559, do hereby certify that the following field notes represent a survey made on the ground of the following described tract(s) or parcel(s) of land located in Walker County(ies), Texas. Being 1.46 acres out of and a part of Block No. 64, City of Huntsville, P. GRAY LEAGUE, Abstract No. 24, Walker County, Texas and being also all of the unsold balance of that certain tract or parcel of land conveyed to Lela Mae Brown Wynne in a deed from Ruth Wynne Thomason et al dated November 30, 1959 and recorded in Volume 165, Page 115, Deed Records of Walker County, Texas, said 1.46 acres of land being more definitely described by metes and bounds as follows: BEGINNING at herein described, of said Block No. of Highway No. 19 angle to and 37.5 Highway No. 19; the southeast corner of said 1.46 acre tract same being the southeast corner of Lot No. 532 64, an iron rod in the north right-of-way line (11th Street), said iron rod being at a right feet from the present paved centerline of said THENCE N89°05'W 168.80 feet with the north right-of-way line of said Highway No. 19 to an iron rod for the beginning of a curve to the left, said curb having a radius of 674.12 feet, a central angle of 02°46'20" and a chord bearing and distance of S89°32'W 32.60 feet; THENCE with said north right-of-way line along the arc of said curve to the left for a distance of 32.60 feet to an iron rod for the southwest corner of said 1.46 acre tract herein described in the east right-of-way line of Avenue 0, said iron rod being at a right angle to and 25 feet from the present paved centerline of said Avenue 0; THENCE N01°02'E 337.90 feet with the east right-of-way line of said Avenue 0, same being the west line of said Block No. 64, to an iron rod for the northwest corner of said 1.46 acre tract herein described, said corner being also the southwest corner of that certain tract or parcel of land conveyed to Ithamon Walker in a deed from Lela Mae Wynne dated October 9, 1961 and recorded in Volume 172, Page 372, Deed Records of Walker County, Texas; THENCE S89°34'E 110.00 feet with the south line of said Walker tract to a stake in the center of Town Branch for its southeast corner, same being the upper northeast corner of said 1.46 acre tract herein,.described from which an iron pipe for reference on the west bank of said Town Branch bears N89°34'W 8.95 feet; THENCE with the centerline meanders of said Town Branch as follows: (1) S27°24'E 33.50 feet, and (2) S51°57'E 94.50 feet to a stake for the lower northeast corner of said 1.46 acre tract herein described from which an iron rod for reference on the south bank of said creek bears S01°02'W 20.00 feet; THENCE S01°02'W 251.55 feet with the east line acre tract herein described to the PLACE OF BEGINN Surveyed in April of 1977. Signed: BO 7 1s - 77 LAST WILL AND TESTAMENT OF RUTH W. HOLLINSHEAD r- c I, Ruth W. Hollinshead, hereby revoke all wills and codicils which I heretofore have made, and I declare this instrument to be my Last Will and Testament. Declaration I hereby affirm that I am a resident of Walker County, Texas, where I maintain my permanent residence and domicile; that I am unmarried, my husband, Gus G. Hollinshead, having died earlier this year; that no child has ever been born to or adopted by me; and that it is my intention by this will to dispose of all property of every kind which I may own or claim at the time of my death. ARTICLE I. Appointment of Independent Executors Section 1. Appointment. I appoint my sister, Samuella W. Palmer, who resides in Huntsville, Texas, and who will be referred to hereafter as "Samuella," as independent executor of my will and estate. I direct that no bond or other security shall ever be required of my executor or of any alternate or successor executor at any time acting hereunder, and that no action shall be taken in the county or probate court in relation to the settlement of my estate other than the probating and recording of this will and the return of the statutory inventory, appraisement and list of claims. Section 2. Appointment. If Samuella should not survive me, or, surviving me, should fail, refuse or be unable to accept or qualify as executor, or, having qualified, should fail, refuse or be unable to act as such, or should die, resign or be removed, then I appoint as alternate or successor independent co-executors First National Bank of Huntsville, Huntsville, Texas, and my nephew, William B. Shaver, Jr., who resides in Huntsville, Texas, and who will be referred to hereafter as "William." If at any time and for any reason either William or said corporate executor should not be serving or should be or become unable to serve as executor, the other shall serve as sole executor. Section 3. Definitions, etc. Each alternate or successor executor, when qualified and acting, shall have all of the rights, powers, duties and discretions herein granted to my executor. The term "my executor" as used herein shall refer to my independent executor or executors serving hereunder from time to time, whether original, alternate or successor, including co-executors when serving hereunder. The appointment of a corporate executor hereunder shall include its successors by merger, consolidation, reorganization, change of name or otherwise. ARTICLE II. Payment of Taxes I direct my executor to pay from my residuary estate, without apportionment, all of my just and enforceable debts, funeral and administration expenses, and all estate, inheritance, and succession taxes (excluding, however, any taxes on generation skipping tranfers imposed under Chapter 13 of the Internal Revenue Code) lawfully imposed by any taxing authority in connection with my death with respect to all property which constitutes my taxable estate for estate, inheritance, and succession tax purposes, without contribution from any beneficiary of my estate and whether or not such property passes under my will. The direction to pay my just and enforceable debts shall not be deemed to require my executor to accelerate the payment of any of my debts. At the present time, I have established a trust by and under the terms of that certain Trust Agreement dated -51.--,07; Jr- , 1986, between me as Trustor and me and Samuella as Trustees. At the time of my death, a substantial part of my estate may be held in such trust. Pursuant to the terms of said Trust Agreement, the trustee is authorized to pay all such debts, expenses, costs and taxes after my death, and I hereby authorize my executor to request all such amounts from the Trustee under said Trust Agreement. ARTICLE III. Specific Gifts Section 1. Certain personal property. If Samuella survives me, I give to her all of my interest in household furniture, furnishings, ornaments, bric-a-brac, silver, china, glassware, utensils, books, pictures, paintings, tools, cameras, sporting goods, equipment and all other similar objects of household use or decoration; personal automobiles and accessories; transferable memberships in social clubs; and clothing, jewelry and other articles of personal use. If Samuella fails to survive me, I give all such properties to William, if he survives me, but if he fails to survive me, to the descendants of William as hereinafter set forth: I authorize my executor, in the sole discretion of my executor, (a) to distribute to the descendants of William who survive me, per stirpes, at such time or times as my executor shall elect and at values fixed by my executor, all or any portion of such properties, and (b) to sell all or any portion of such properties and distribute the proceeds to such descendants, per stirpes, and (c) to retain all or any portion of such properties or the proceeds from the sale thereof and distribute same as a part of the residue of my estate. The determination by my executor of the properties included in the above gift shall be conclusive. Section 2. Louisiana interests. All of my interest in immovable property (and any corporeal movable property used in connection therewith) situated in the State of Louisiana at the time of my death (hereinafter referred to as "my Louisiana property"), I give to William if he survives me, but if he fails to survive me, to his descendants who survive me, equally by roots. Of all of his descendants who survive, his descendants means only those who have no living ascendant who is a descendant of his. No other provision of this will which is in conflict with the provisions contained herein or which violates Louisiana law shall apply to my Louisiana property. ARTICLE IV. Disposition of Residuary Estate Section 1. I give the rest and residue of my property and estate of every kind, including any of the foregoing gifts which may lapse, that is, "my residuary estate," to the trustee of the trust established by and under the terms of that certain trust agreement dated 5EP7- 4 , 1986, as amended and then in effect (hereinafter referred to as "Trust Agreement"), between me as Trustor and me and Samuella as Trustees, as an augmentation to the principal of said trust, and to be preserved, managed, administered and distributed by the Trustee as a part of the trust estate of said trust and in accordance with the terms and provisions of said Trust Agreement; but if for any reason the foregoing gift should be or become ineffective, then the residue of my estate shall be held in trust by said Trustee for the same purposes, and preserved, managed, administered and -2- disposed of in the same manner and under the same terms and provisions contained in said Trust Agreement, all of which provisions are incorporated herein by reference as fully as if copied verbatim herein. If, however, the foregoing provisions of this section do not provide an effective gift of my residuary estate, then I give, devise and bequeath the residue of my estate to Samuella, if she survives me, but if she fails to survive me, to William if he survives me, but if he fails to survive me, to his descendants who survive me, per stirpes. Section 2. If, however, the foregoing provisions of this article do not provide persons to take my residuary estate, I give my residuary estate to Sam Houston State University, Huntsville, Texas, in equal shares as follows: (a) one share to establish or be added to a fund in the name of Trustor's father, Gibbs Adair Wynne. If such a fund is not in existence at that time, it shall be established with this gift in order to provide one or more scholarships to be presented annually or less frequently and in such amounts as the governing body of said university shall determine, to one or more students at such university pursuing a degree in education. All other decisions in connection with establishing and administering such fund shall be left to the discretion of the governing body of said university. (b) one share to establish or be added to a fund in the name of Trustor's mother, Lela Mae Wynne. If such a fund is not in existence at that time, it shall be established with this gift in order to provide one or more scholarships to be presented annually or less frequently and in such amounts as the governing body of said university shall determine, to one or more students at such university majoring in music. All other decisions in connection with establishing and administering such fund shall be left to the discretion of the governing body of said university. (c) one share to the Sam Houston State University Foundation, to be used for the benefit of the library at said university. If either of the shares described in (a) and (b) of this section should be or become ineffective for any reason, such ineffective share shall be added to the other share described herein to pass with such effective share. If both of the shares described in (a) and (b) of this section should be or become ineffective for any reason, such shares shall be added to the share described in (c) of this section to pass with such share. If the share described in (c) of this section should be or become ineffective for any reason, such share shall be added equally to the other two shares which are effective, or all to the remaining share, to pass with such shares or share. If, however, all of the shares described in this section should be or become ineffective, I give my residuary estate to Sam Houston State University, Huntsville, Texas, for the purpose of teacher education. ARTICLE V. Administrative Provisions Section 1. Powers. In the administration of my estate, I hereby authorize and empower my executor: (a) To exercise powers of executors. To exercise all of the powers now or hereafter granted to independent executors by the laws of the State of Texas. (b) To exercise powers of trustees. To exercise all of the powers now or hereafter granted to trustees of express trusts by the Texas Trust Code and by all other laws of the State of Texas. -3- Xwy (c) To deal with claims. To abandon, adjust, arbitrate, compromise, sue on or defend, and otherwise deal with and settle claims in favor of or against my estate; to sue and be sued; to waive and release rights. (d) To sell property and borrow money. To sell, convey, exchange, lease for any period, and otherwise dispose of any property for such consideration and upon such terms and conditions as my executor shall deem for the best interest of my estate; to lend money; to renew and extend existing indebtedness; to borrow money from any source (including any executor); to enter into contracts; to execute and endorse any negotiable or other instruments; to mortgage, pledge or encumber any property. The term of any lease, loan, agreement or contract may extend beyond the term of administration of my estate. (e) To employ agents. To act through agents and representatives'and to pay them reasonable compensation from my estate; to carry record title to any property in the name of my executor individually or in the name of a nominee, without affecting the responsibility of my executor. (f) To partition property. Whenever division or distribution of my estate is required or permitted, to partition all property and make division and distribution in money or in kind, or partly in each, including undivided interests; and, in making any such partition, the decision of my executor in such matters shall be conclusive and binding on all parties. The power to partition shall include, if I am survived by my husband, the power to partition the community estate between my husband and my estate, if such action is deemed advisable. (g) To retain property and make investments. To retain without requirement of diversification any of the original property constituting my estate at my death; to acquire and retain any kind of property; to abandon property when deemed necessary; to store any personal properties given to a minor for later distribution to such minor; to pay, as an administration expense, the costs of packing, shipping, insuring and transporting any personal property to any beneficiary. (h) To carry on business. To continue and operate, solely or in cooperation with others, any business or enterprise in which I may have an interest at the time of my death; and to do any and all things deemed appropriate by my executor in the continuance and operation of any such business, without liability for any losses incurred in the operation of the business except those arising from gross negligence, fraud or bad faith. (i) Management of securities. To exercise and perform all rights, privileges and powers of any kind or type inuring to the holder of any securities at any time in my estate. (j) To make elections. To exercise all options and elections that I could exercise, if living, as well as all options and elections available to executors under the laws of the United States of America and the several states thereof, with reference to (i) my estate, and all property and interests at any time constituting a part of my estate, and (ii) income, estate, inheritance and succession, and gift taxes levied under the laws of the United States of America and the several states thereof, and all other taxing jurisdictions having lawful authority to do so; and if my executor shall be entitled to use certain costs and expenses incurred in the administration of my estate, either as deductions to reduce federal income tax liability or federal estate tax liability, to use such deductions in such manner as, in the discretion of my executor, is in the best interest of my estate. (k) To perform agreements. To perform all valid agreements and obligations which I may enter into during my lifetime with regard to the sale, conveyance, transfer or other disposition at or after my death of any partnership interest, stock of closely held corporations, undivided -4- interests in any business or property, or other similar interests or property which I may own at the time of my death, without regard to any rule or law prohibiting such transaction because any executor of my estate is, directly or indirectly, the purchaser or associated with the purchaser; and my executor shall be relieved of all liability for performing any such valid agreement or obligation that is in force and effect at and after my death. (1) General. And, in general, to receive, preserve, manage, administer, partition, and dispose of my estate, and the principal and income thereof, for the benefit of all persons interested therein, as hereinabove provided. Section 2. Reliance by third parties. In the administration of my estate, the recitals contained in any instrument executed by a duly qualified and acting executor shall be prima facie evidence of the truth of the facts recited, and all persons dealing with such executor may rely upon the truth of such recitals and shall not be obligated to make further inquiry. No person who delivers property or pays money to my executor shall be under any duty to require application thereof to estate purposes. Section 3. Compensation and reimbursement of executors. Neither Samuella nor William shall receive any compensation for serving as executor hereunder. Each other executor who serves hereunder shall be entitled to receive reasonable compensation for all services as executor; provided, however, that such compensation shall never exceed that customarily charged for similar services by corporate fiduciaries domiciled and operating in the vicinity at the time such services are rendered; and such compensation shall be in lieu of all fees and commissions prescribed by law. Every executor serving hereunder shall be entitled to be reimbursed in accordance with law for the reasonable and necessary costs, expenses and advances incurred hereunder, including attorneys' fees and accountants' fees. Section 4. Liability of executors. No individual executor serving hereunder shall be liable for any act or omission, except in the case of fraud, gross negligence or bad faith. Section S. Liability of successor executors. No alternate or successor executor shall be liable in any manner for the acts or omissions of the prior executors, and each alternate or successor is authorized to accept, without independent audit, those assets which are delivered to such executor upon assuming office as constituting the entire estate then being administered hereunder. The provisions of this section shall not, however, limit the power of any executor hereunder from requiring an accounting as a condition of the acceptance of the office of executor. Section 6. Transactions with executor. A transaction shall not be prohibited and any executor serving hereunder shall not be disqualified from entering into or continuing any transaction on behalf of my estate for the reason only that another party to such transaction is: (a) a trust or estate of which such executor is a fiduciary, (b) a business with which such executor is associated, or (c) any beneficiary of my estate or any executor serving hereunder acting in such party's own behalf. Section 7. Property in other jurisdictions. If at the time of my death I own any interest in property situated in any other state or foreign jurisdiction which is subject to administration under this will, and if my executor should be unwilling or should not be qualified or otherwise able to act in such state or jurisdiction, then I appoint as executor to serve within such state or jurisdiction any one or more qualified individuals or a corporate fiduciary designated by my executor by written instrument duly executed and acknowledged. In like manner, I further authorize my executor to remove any such executor so appointed, and to appoint successors as the need should arise in order to fill vacancies resulting from such removal or for any other reason. I direct that no bond shall ever be required of any -S- executor acting under such appointment, unless directed otherwise in the instrument of appointment. ARTICLE VI. Contingent Trust If at the time of final distribution of any share of my estate, the beneficiary of such share is under the age of thirty-five years or, in the judgment of my executor, is under legal disability, whether adjudged so by court decree or not, then I hereby authorize my executor, in the discretion of my executor, (1) to make distribution of such share (or a portion thereof) directly to such beneficiary, or (2) to hold such share (or any portion thereof not distributed directly to such beneficiary as above authorized) in trust for such beneficiary as herein provided. During'the term of the trust, my executor shall devote such of the income and principal of such trust, even to the exhaustion thereof, as my executor shall deem necessary for the maintenance, support, education and general benefit of such beneficiary. The trust shall terminate at such time as the beneficiary attains the age of thirty-five years and, in the sole judgment of my executor, every such disability is removed, or upon the death of the beneficiary prior thereto. Upon termination my executor shall distribute the residue of the trust to the beneficiary thereof, if then living, otherwise to the personal representatives of the estate of such beneficiary for administration and distribution as a part of the estate of such beneficiary. If, in the opinion of my executor, it should become uneconomical or unwise to continue any trust created under this article because of its small size or for any other reason, then my executor is authorized to terminate the trust and to distribute the trust estate to the beneficiary thereof. The persons named to serve as executor in this will shall serve as trustees, without giving any bond or other security, in the same number (that is severally or jointly) and order of priority and succession as they are named to serve as executor of my estate. When serving as trustee, my executor shall have all of the powers and protections granted to my executor herein and shall be entitled to receive reasonable compensation for all services rendered as trustee. Distributions of income and principal to or for the benefit of a beneficiary pursuant to this article may, in the discretion of my executor, be paid directly to the beneficiary, to the legal or natural guardian of the person or estate of the beneficiary, to or by reimbursement of any third person who at that time may have the actual care or custody of the beneficiary or may be taking care of the beneficiary, to a person or financial institution, which may be designated by my executor, serving as custodian for a minor beneficiary under the Uniform Gifts to Minors Act of Texas or any other state, or such payments may be expended directly by my executor for the maintenance, support, education and general benefit of the beneficiary; and in each instance, my executor, upon making such payment or distribution, shall be released from any further liability in connection therewith. ARTICLE VII. Definitions, etc. Section 1. Definitions. Wherever appropriate in this will, words used in the singular may include the plural, and the plural may be read as the singular; and pronouns of one gender may be read as of any other gender. The term "descendants" refers to the legitimate descendants of the person referred to. Such term includes those legally adopted prior to the age of twenty-one and the descendants of those so legally adopted. The term "heirs-at-law" refers to those persons living at the date of determination who would be entitled to my separate personal property under the laws of descent and distribution then in force in the State of Texas, had I died intestate and unmarried at such time, and in the proportions -6- provided by such laws. Whenever property is designated to pass to the "descendants per stirpes" of a designated person, it shall mean that the property shall pass to such person's children then living, in equal shares, or all to such person's surviving child if only one is then living; provided, however, that if any child of such person is not then living, but has a descendant or descendants then living, the property which would have passed to such deceased child, if he or she were then living, shall pass instead to his or her descendants then living, per stirpes. Section 2. Spendthrift provision. Prior to the actual receipt of such property by the beneficiary, no property (income or principal) distributable under this will shall be transferable or assignable by any beneficiary thereof, nor shall such property ever be subject to attachment, garnishment, execution, or other process issued in any legal or equitable proceeding against any beneficiary hereunder or his beneficial interest therein, or in any event be subject to any debts of any beneficiary,' and all such acts of and proceedings against any beneficiary or his beneficial interest hereunder shall be null and void and of no force or effect. Section 3. Headings. The clause headings appearing in this instrument have been inserted for the purpose of convenience and ready reference. The headings do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clause to which they refer. This instrument consisting of seven typewritten pages, the first six pages of which I have initialed for identification, I make and publish as my Last Will and Testament, hereunto subscribing my name on this S!• day of .5'e-/arA-m isz. , 1986, in the presence of riz and ,4fjk//e4-",s•C& ,P/4TH , my request. k-", 4/ a-S7944=.No/° who attest the same at Ruth W. Hollinshead The above instrument on the above date was signed, published and declared as her Last Will and Testament by Ruth W. Hollinshead, the testatrix, in our presence, and we, not being interested therein, and each being above fourteen years of age, at her request, in her presence, and in the presence of each other subscribe our names thereto as attesting witnesses, and each of us declares that in his or her opinion the testatrix is of sound mind. —101:4,501.2407 'Gitness • -7- THE STATE OF TEXAS COUNTY OF WALKER § BEFORE ME, the undersigned authority, on this day personally appeared Ruth W. Hollinshead, an, / »» known to me o b the Testa ix and the w'tnesses respect •e y, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said Ruth W. Hollinshead, Testatrix, declared to me and to the said witnesses in my presence that said instrument is her Last Will and Testament, and that she had willingly made and executed it as her free act and deed for•the purposes therein expressed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said Testatrix, that the said Testatrix had declared to them that said instrument is her Last Will and Testament, and that she executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said Testatrix and at her request; that she was at the time eighteen years of age or over and was of sound mind; and that each of the said witnesses was then above fourteen years of age. Ar Testatrix Witne s Witness SUBSCRIBED and ACKNOWLEDGED before me by the said Ruth W. Hollinshead, atrix, and subscribed and sworn to before me by the sal glivn(9 f/A. (Si --- .9, ary 'u 11 in for The State of Te as 71 / erQ \LI ...Ly ot Huntsville " TO BUILD AND SERVE A BETTER COMMUNITY " HUNTSVILLE, TEXAS 77340 1212 AVE. M (409) 295-6471 September 22, 1999 Eunice Hinson Kit & Caboodle Mini Warehouses 209 Highway 75N Huntsville, Texas 77340 Dear Mrs. Hinson: Please accept this letter as notice to terminate the tenancy lease on warehouses # 40 and 46, effective November 1, 1999. Thanks for your assistance. 11111 Q.�C-cam- J� • nn Purvis • dministrative Assistant hp KIT & CABOODLE MINI WAREHOUSES 209 Highway 75N, Huntsville TX 77340 Phone 409 -291 -MINI LEASE AGREEMENT This Lease Agreement is made and entered into this lstday of April ,1999, at Huntsville, Texas, by and between KIT & CABOODLE MINI WAREHOUSES, hereinafter called "Lessor", and City of Hun t s v i l l e�/ , hereinafter called "Tenant". Lessor hereby leases a mini -warehouse storage unit ("Unit") described as Unit Number f(/ Y' /' 6 TERM OF LEASE: The term of this Lease shall commence on Jpail 1 1 9 , and shall continue thereafter as a month-to-month tenancy until either the Lessor or Tenant terminates the tenancy by giving the other party thirty y ys written notice of his or her intention to terminate the tenancy. RENT: Tenant agrees to pay to Lessor as rent for the use of the storeroom the sum of $ 150 . (*r month payable in advance on or before the 1st day of each month, commencing , , at 209Highway 75N, Huntsville, 1'X 77340, or such other place or places as Lessor may from tune to time designate by written notice given to Tenant; provided however that the receipt of the sum of $ (prorated if necessary) as and for rent due for the first month of the term of this Lease is hereby acknowledged by Lessor. If said -rent is not paid by the th day of the month rent is due, then a late charge of $10.00 may be applied to Lessee's account. In addition_ to the late fee, a fee of $15 will be charged for returned checks. Should circumstances warrant, Lessor reserves the right to change the amount of the rent which will be due and payable monthly from Tenant upon thirty (30) days written notice to Tenant. DEPOSIT: A clean-up/security deposit of $ —0— is required under this Lease. Lessor will return the deposit if the premises are left in a clean and undamaged condition, except for normal wear ar, and Tenant has given the thirty (3D) days written notice of his or her intention to terminate the tenancy, and all rent and late fees and returned check fees are paid in full, and all property of the warehouses including the remote control gate opener and keys are returned to Kit & Caboodle Mini Warehouses. USE OF PREMISES: Tenant expressly agrees not to place a sign upon the premises or use same in any way to operate a commercial establishment out of said premises. "Garage Sales" by Tenants, on premises, are strictly prohibited. Storage of commercial goods is not considered "operation of commercial establishment" for the purposes of this agreement. The unit hereby leased shall not be used for residential purposes whatsoever. The premises are intended, and Tenant hereby agrees that said premises shall be used for the storage of personal or business property of Tenant. Items prohibited, are live animals, animal carcasses, explosives, flammable chemical, fuels, paint or, any other hazardous/toxic waste and other pollutants, or material which violate any fire regulations. Tenant agrees to make no alterations to premises unless approved in writing by Lessor. Storage of Tenant's personal or business property shall be at the sole risk of Tenant. Lessor shall not beliable for any loss or damage to such personal property. Kit & Caboodle Mini Warehouses mamtams no insurance of any kind on your property. If you desire insurance, you must purchase your own insurance. ATTORNEY'S FEES: In the event that it becomes necessary for the conditions of covenants contained in this Lease, including the collection of rentals or gaining possession of the premises, Tenant agrees to pay all expenses so incurred including reasonable attomey's fees. In the event of a delinquency,in payment ofrent by Tenant, Lessor may assess a reasonable charge for administrative fees, postage, attorney's fees, and any other charges necessary to collect past -due rent. LESSORS LIEN: Lessor has a statutory lien on any properly which Tenant places at the self -storage facility for the payment of charges that are due and unpaid by the Tenant. In addition to the statutory hen, Lessor has a contractual landlords lien on any prove which Tenant places m the self -storage facility for the payment of charges that are due and unpaid by Tenant which the Lessor may enforce y seizing and selling the property pursuant to the Texas Property Code, Section 59.041 et seq. DEFAULT: In the event Tenant does notpay the rent according to this Lease and any applicable late fees which Tenant may owe by the 10th day of the month in which the rent is due, then Lessor may, at their option, exercise the above contractual Gen by seizing and selling the property belongins to Tenant by followintthe procedure set out hi the Texas Property Code, Section 59.041 et seq.In that event you will be provided notice to your last known address containing: an itemized account of the claim; the name, address and telephone number of the Kit & aboodle Mini Warehouse or its agent; a general statement that the contents of the rental unit have been seized under the contractual Landlord's lien; and that if the claim is not satisfied before the fifteenth (15th) day after the day the notice is delivered, theyproperty may be sold at public auction. In the event you do not pay amounts due within the time provided by the notice,a notice of sale will bepublished on -two (2) consecutive weeks in a newspaper in the general circulation of Walker County, Texas containin a general description of the property, a statement that the property is being sold to satisfy a landlord's lien, the tenant's name, the address of Kit Caboodle Mini Warehouses storage facility and the time place, and terms of the sale. The sale will be a public sale at the Kit & Caboodle facility or at a reasonablynear public place to the highest bidder in accordance with the terms in the notice. In the event an excess amount of money is received, you will be delivered written notice and if you do not respond any excess will be retained for two (2) years after the date of sale and if not requested before two (2) years after the date of sale, any excess will be owned by Kit & Caboodle Mini Warelhouses. Notice maybe sent to you at the last known address as stated in this rental agreement or at the last address you provide to us in writing after the execution of this rental agreement. REDEMPTION: Tenant may redeem property seized under a judicial order or a contractual landlord's lien prior to its sale or other disposition by paying Lessor the amount of lien and the Lessor's reasonable expenses incurred under this chapter. INSPECTION: Lessor shall have the right to enter the leased premises during reasonable hours and inspect same or to make repairs, additions, or alterations as may be deemed' necessary. Nothing in this Agreement is intended to violate the usury laws of the State of Texas and in the event some other provision of this Lease would entitle Lessor to rates of interest in excess of that allowed by any law, the maximum amount to be collected, due, or owing to the lessor shall be reduced to the maximum amount allowed by law. Key 1 Gate Remote Control SIGNED on this / day of TENANT: City of Huntsville SOCIAL SECURITY #: ADDRESS: 1212 Avw M �} Huntsville, Texas 'TLL%) is c, DRIVER'S LICENSE #: HOME PHONE: (409) 291-5400 LESSOR: KIT & CABOODLE MINI WAREHOUSES VEHICLE LICENSE # TENANT'S SIGNATURE SECOND PHONE NUMBER: (409) 291-6403 ( INVENTORY LISTING OF WYNNE HOME Formal Living Area 1 stereo- console 1 green glass vase 2 standing lamps Baby grand piano with bench 7 wall pictures (hanging) 1 corner shelf 2 antique chairs (oval backs) 1 couch (off white) with pillows 1 Dearborn heater 1 glass mirror (gold trim) 2 brass lamps 2 round tables 1 china cabinet (lighted) 1 coffee table (small, -low to floor) 1 square table (wooden) with glass top 1 brass trash can 1 tan chair 1 green chair 1 rectangular end table 1 area rug Back Porch Room 1 white leather couch with pillows 1 19" TV on stand 1 Dearborn heater 1 yellow chair 1 picture (hanging) 1 end table Dining Area Formal dining table 6 chairs (around table) 5 chairs 1 mirror (mounted on wall) 2 buffets' 1 hutch 1 wall picture 1 air conditioner Sitting Room 1 tall grandfather clock 3 wall pictures 1 brass lamp (white globe) 1 small green lamp 1 Dearborn heater 1 air conditioner 1 round- brown end table 1 area rug 1 rectangular desk 1 rust chair with arms Front Entry Room 4 wall hangings 1 mirror 1 telephone table (desk) 1 telephone 1 marble table (cracked) 1 brass lamp Broom Closet mop, brooms, vacuum, ironing board, dustbuster, and other cleaning supplies Kitchen 1 small metal can 1 electric stove (General Electric) 1 dishwasher (Kitchen Aid) 1 small mirror 1 air conditioner 1 green glass ash tray 1 refrigerator (Frigidaire) 1 brown heater (space) 1 hot water heater (Rheem) 1 green cabinet (wood) 2 metal kitchen cabinets other misc. dishes, cleaning supplies, pots, pans, and utensils Upstairs Entry (room to left)(Danna's room) Attic 1 portable stereo (in closet) 2 hat racks 1 quilt box Upstairs Bedroom # 1 1 full size bed 3 pillows 1 grand- father clock 1 green chair 1 night stand (table) 1 small green lamp 1 big, dark green lamp 1 metal trash can 1 heater (Dearborn) 1 console stereo 1 air conditioner Upstairs Sitting Room 1 green couch 1 champagne chair with ottoman 1 corner table 1 coffee table 1 Quasar 25' TV (console) Upstairs Bedroom # 2 1 twin bed 1 chair 2 file cabinets (gray) 1 fan 1 air conditioner 1 brown heater 1 file cabinet (putty) Upstairs Bedroom # 3 1 twin bed 1 small Dearborn heater 1 night stand shelf 8 large steamer trunks 2 full size mattress 1 x -large orange quilt box 1 box spring other misc. glass, windows, doors, MEMORANDUM TO: Gene Pipes, City Manager THROUGH: J.D. Schindler, Director of General Services FROM: Linda Pease, Cultural Services Coordinator V DATE: November 2, 1999 SUBJECT: Wynne Home Plans For direction in pursuing the restoration and end use of the Wynne Home, the following questions are provided for Council consideration: I. Does Council concur with the recommendations of the consultant Sheryl Paul: A. To make the primary use of the Wynne Home a Cultural Arts Center? B. To charge the Huntsville Arts Commission with the development of the next steps? 1. A shared vision 2. Clear consensus among stakeholders 3. An Action Plan II. What funding for (1) the restoration of the building and for (2) the end use will be provided (sought): A. From City funds? B. From grant funds? C. From local citizens capital campaign? III. What time lines are anticipated: A. To have available funding? B. To begin restoration? C. To complete restoration and begin use? If Council agrees to follow the recommendations of Sheryl Paul, then the Huntsville Arts Commission will come back to Council with information to help determine the answers to Questions II and III. If Council wishes to take another direction, what direction would that be, and who shall be charged with development of the next steps? PRESENTED TO COUNCIL &/9s t 2 MEMORANDUM TO: Gene Pipes, City Manager THROUGH: J.D. Schindler, Director of General Service FROM: Linda Pease, Cultural Services Coordinator DATE: October 15, 1999 SUBJECT: Wynne Home Name During a recent telephone visit with Mrs. Samuella Palmer, she graciously requested that the donated house be called the Wynne Home rather than Wynne House; her sister, Ruth Hollinshead, had preferred that, and she would like to honor her sister's wishes. I have notified the consultant, Ms. Paul, of this request. 736 S.W.2d 629 (Cite as: 736 S.W.2d 629) P LEECO GAS & OIL COMPANY v. COUNTY OF NUECES. No. C-5950. Supreme Court of Texas. July 8, 1987. Rehearing Denied Oct. 7, 1987. County brought action against grantor of land to condemn reversionary interest in land which county used as park. The County Court of Law No. 1, Nueces County, Robert M. Blackmon, J., awarded nominal damages, and grantor appealed. The Corpus Christi Court of Appeals, Thirteenth Supreme Judicial District, 716 S.W.2d 615, affirmed. On appeal, the Supreme Court, Gonzalez, J., held that county, as grantee in deed under which grantor retained reversionary interest, whereby county would keep property only so long as public park was maintained by county on property, could not condemn possibility of reverter on land, valued at between $3 and $5 million, for nominal damages of $10 to owner of reversionary interest. Reversed and remanded. Campbell, J., filed opinion concurring in result in which Robertson and Kilgarlin, JJ., joined. [1] EMINENT DOMAIN 6171 148k171 County, which was grantee in deed, which contained reversionary interest in grantor, was not estopped from condemning property by acceptance of deed with knowledge of reversionary interest. Vemon's Ann.Texas Const. Art. 1, § 17. [2] EMINENT DOMAIN €149.5 148k149.5 County, as grantee in deed under which grantor retained reversionary interest, whereby county would keep property only so long as public park was maintained by county on property, could not condemn possibility of reverter on land, valued at between $3 and $5 million, for nominal damages of $10 to owner of reversionary interest. Vemon's Ann.Texas Const. Art. 1, § 17. Page 1 [3] EMINENT DOMAIN X147 148k147 When governmental entity is grantee in gift deed in which grantor retains reversionary interest, if that same governmental entity condemns reversionary interest, it must pay as compensation amount by which value of unrestricted fee exceeds value of restricted fee. *630 Francis I. Gandy, Jr. and John Pichinson, Corpus Christi, for petitioner. Carlos Valdez, Co. Atty., & assistants Carol McCollister, Paula A. Wyatt, and James Rosenkild (Co. Atty.'s Office), Corpus Christi, for respondent. OPINION GONZALEZ, Justice. This is a condemnation suit. The issue is whether Nueces County, as grantee in a deed, may condemn a possibility of reverter on land given to the County and pay mere nominal damages to the owner of the reversionary interest. The trial court answered this issue in the affirmative and the court of appeals affirmed the judgment of the trial court. 716 S.W.2d 615. We reverse and remand. In 1960, Leeco gift deeded fifty acres of land on Padre Island to Nueces County for use as a park. Leeco retained a reversionary interest in the deed whereby the County would keep the property "so long as a public park is constructed and actively maintained" by the County on the property. The County dedicated and maintained a park on the property. However, in 1983, the County began condemnation proceedings against Leeco's interest. The commissioners awarded Leeco $10,000 for its reversionary interest. Leeco appealed to the county court at law where the trial judge granted a partial summary judgment against Leeco resolving all issues except damages. In a separate trial to determine compensation for Leeco, experts testified that the land was worth between $3,000,000 and $5,000,000. The trial court awarded Leeco $10 in nominal damages Leeco brings several points of error claiming that the County is estopped from condemning the property by its acceptance of a deed with knowledge of the reversionary interest. Leeco also challenges the measure of damages. We first address the estoppel argument. Copr. © West 1998 No Claim to Orig. U.S. Govt. Works 736 S.W.2d 629 Page 2 • (Cite as: 736 S.W.2d 629, *630) [1] The Texas Constitution provides that "[n]o person's property shall be taken ... for ... public use without adequate compensation being made, unless by the consent of such person...." Tex. Const. art. I, § 17. Acquiring an interest in land to establish and maintain public parks involves a governmental function. See generally Schooler v. State, 175 S.W.2d 664, 669 (Tex.Civ.App.--E1 Paso 1943, writ refd w.o.m.) (acquisition of park land is a public use). When a governmental unit is exercising governmental powers it is not subject to estoppel. City of Hutchins v. Prasifka, 450 S.W.2d 829, 835 (Tex.1970). Therefore, we hold the County was not estopped from condemning the reversionary interest. We next consider whether the award of nominal damages by the trial court was proper. [2] Generally, under the Restatement of Property, a mere possibility of reverter *631 has no ascertainable value when the event upon which the possessory estate in fee simple defeasible is to end is not probable within a reasonably short period of time. See generally Restatement of Property § 53 comment b (1936). In affirming the $10 award of nominal damages, the court of appeals relied on City of Houston v. McCarthy, 464 S.W.2d 381 (Tex.Civ.App.--Houston [1st Dist.] 1971, writ refd n.r.e.). In McCarthy, the court found that when at the time of condemnation the property was being used as permitted under the deed and there was no evidence that the restrictive covenant would ever be broken, the value of the possibility of reverter was so speculative as to be nominal only. McCarthy, 464 S.W.2d at 384. The court of appeals pointed out that the McCarthy court cited Sabine River Auth. v. Willis, 369 S.W.2d 348 (Tex.1963) and Hamman v. City of Houston, 362 S.W.2d 402 (Tex.Civ.App.--Fort Worth 1962, writ refd n.r.e.) as authority to support its holding. The court of appeals then held that there was no evidence in this case that the County intended to violate the deed restrictions so long as Leeco retained the possibility of reverter and no evidence that the conditions were breached. This evidence is not determinative of the issue. Here, one county official testified that there were "various ideas and proposals and schemes" about putting income producing activities on the land. The same official further stated that "it would be in the County's best interest" to own the park outright so that it "may in the future consider plans that are inconsistent with the present deed restrictions." Furthermore, in the County's Original Statement in Condemnation, the County pleaded that its plans for future development of the Park included "uses which could be construed to cause Plaintiffs determinable fee estate, to terminate and cease." The County further alleged that the "present use and operation of the Park" placed an "undue burden upon Plaintiff in its future development of the Park." Thus, this is not a case of condemning a "remote" possibility of reverter, but rather an attempt by the County to remove the "burden" of the reversionary interest by condemning the interest and paying nominal damages. Also, in the McCarthy, Sabine and Hamman decisions, a governmental entity, which did not previously own the future interest or the possessory defeasible estate, was condemning the entire fee to the property. Although in McCarthy and Hamman the owner of the possessory defeasible estate was also a governmental entity, a different and "paramount" governmental entity was the condemnor. Hamman, 362 S.W.2d at 406. In each case, the condemning governmental entity paid actual damages for the taking. The issue was who would receive the damages --the owner of the possessory estate or the future interest. There were no prior indications that the restrictive covenants would ever be broken by the owners of the possessory defeasible estate. Therefore, the value of the possibility of reverter was so speculative as to be nominal only and damages were rightfully awarded to the owner of the possessory estate. In this case the County, as owner of the defeasible estate, indicated that it "may in the future" break the restrictions and condemned the possibility of reverter for nominal damages only. There is a constitutional requirement that if the County is to condemn land, it must adequately compensate the landowner for the property interest taken. McCarthy, 464 S.W.2d at 387. Ten dollars in compensation for a multi- million dollar piece of property is not adequate as a matter of law. To allow a governmental entity, as grantee in a gift deed, to condemn the grantor's reversionary interest by paying only nominal damages would have a negative impact on gifts of real property to charities and governmental entities. It would discourage these types of gifts in the future. This is not in the best interests of the citizens of this State. [3] We hold that when a governmental entity is the grantee in a gift deed in which the grantor retains a reversionary interest, if that same governmental entity condemns the reversionary interest, it must pay as Copr. © West 1998 No Claim to Orig. U.S. Govt. Works 736 S.W.2d 629 Page 3 (Cite as: 736 S.W.2d 629, *632 ) compensation the amount by which the value *632 of the unrestricted fee exceeds the value of the restricted fee. See, e.g., Ink v. City of Canton, 4 Ohio St.2d 51, 212 N.E.2d 574, 579 (1965). We reverse the judgment of the court of appeals and remand this cause to the trial court to determine the amount by which the value of the unrestricted fee exceeds the value of the restricted fee. CAMPBELL, J., concurs in an opinion joined by ROBERTSON and KILGARLIN, JJ. CAMPBELL, Justice, concurring. I concur in the result in this proceeding because there is some precedent for the court's holding. In future cases, however, I would hold that if a political subdivision has accepted a gift by deed that grants a fee simple determinable interest, initiation of condemnation proceedings by the grantee on the reversionary interest is a renunciation of the gift. Condemnation is an act inconsistent with the granted, authorized use and will cause the granted estate to terminate and revert to the grantor in fee simple absolute. ROBERTSON and KILGARLIN, JJ., join in this concurring opinion. END OF DOCUMENT Copr. © West 1998 No Claim to Orig. U.S. Govt. Works SMITHER, MARTIN, HENDERSON & BLAZEK A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ONE FINANCIAL PLAZA, SUITE 210 HUNTSVILLE, TEXAS 77340 TELEPHONE (409) 295-2624 TELECOPIER (409) 294-9784 ROBERT B. SMITHER (1906-1996) LLOYD C. MARTDV JOE B. HENDERSON, JR. FRANK BLAZEK THOMAS A. LEEPER Mr. Gene Pipes City Manager City of Huntsville, 1212 Avenue M Huntsville, Texas 77340 Dear Gene: ASSOCIATE: JOHN R. GAINES January 15, 1999 Re: The Wynne Home situated on 1.46 acres of land in the City of Huntsville, P. Gray League, A-24, Walker County, Texas. As I advised you in our telephone conversation last week, the transfer of the Wynne Home to the City of Huntsville has been completed. The Gift to the City of Huntsville was made in two deeds as follows: 1. A Gift Deed dated December 30, 1998 from Samuella W. Palmer, Individually and as Trustee of the Ruth W. Hollishead Trust to the City of Huntsville which was recorded on December 31, 1998. 2. A Gift Deed dated January 4, 1999 from Samuella W. Palmer, Individually and as Trustee of the Ruth W. Hollishead Trust to the City of Huntsville which was recorded on January 4, 1999. There is enclosed for your file a copy of each of these Gift Deeds bearing a file stamp from the office of the County Clerk of Walker county, Texas. The original Deeds will be forwarded to you when they are returned to me. As you will notice, each of these deeds reserves the right in favor of the Grantor to remove the personal property from this home at some time prior to April 1, 1999. This provision was put in there pursuant to the discussion by Mr. Ed Sandhopp with Personnel with the City of Huntsville regarding this gift. In the meantime, Mrs. Palmer is retaining the key to the home in order that she can remove these items of personal property. Very truly yours, Lloyd C. Martin 1107 University Avenue • Huntsville, Texas 77340 • Telephone: (409) 295-8173 • Telecopier: (409) 295-0371 G:\Kim\Rel.98\Palmer\Pipes.001\km Mr. Gene Pipes January 15, 1999 Page 2 LCM/km Enclosure cc: Ms. Samuella W. Palmer P. O. Box 566 Huntsville, Texas 77340 Mr. Ed Sandhopp P. O. Box 711 Huntsville, Texas 77340 G:\Kim\Re1.98\Palmer\Pipes.001\km SMITHER, MARTIN, HENDERSON & BLAZEK ROBERT B. SMITHER (1906-1996) LLOYD C. MARTIN JOE B. HENDERSON, JR. FRANK BLAZEK THOMAS A. LEEPER Mr. Gene Pipes City Manager City of Huntsville, 1212 Avenue M Huntsville, Texas 77340 Dear Gene: A PROFECSIONAL CORPORAI7ON ATTORNEYS AT LAW ONE FINANCIAL PLAZA, SUITE 210 HUNTSVILLE, TEXAS 77340 TELEPHONE (409) 295-2624 TELECOPIER (409) 294-9784 ASSOCIATE: JOHN R. GAINES January 28, 1999 Re: The Wynne Home situated on 1.46 acres of land in the City of Huntsville, P. Gray League, A-24, Walker County, Texas. As indicated in my letter to you dated January 15, 1999, there are enclosed the original recorded Gift Deeds as follows: 1. A Gift Deed dated December 30, 1998 from Samuella W. Palmer, Individually and as Trustee of the Ruth W. Hollishead Trust to the City of Huntsville which was recorded on December 31, 1998 in Volume 374, Page 844, Official Public Records of Walker County, Texas. 2. A Gift Deed dated January 4, 1999 from Samuella W. Palmer, Individually and as Trustee of the Ruth W. Hollishead Trust to the City of Huntsville which was recorded on January 4, 1999 in Volume 375, Page 68, Official Public Records of Walker County, Texas. If there is anything further that you require, please do not hesitate to contact me at 295-8173. When responding, please use the address below. LCM/km Enclosure cc: Ms. Samuella W. Palmer P. O. Box 566 Huntsville, Texas 77340 Very truly yours, Lloyd C. Martin Mr. Ed Sandhop P. O. Box 711 Huntsville, Texas 77340 1107 University Avenue • Huntsville, Texas 77340 • Telephone: (409) 295-8173 • Telecopier: (409) 295-0371 G:\Kim\Re1.98\Palmer\Pipes.002\km 2C:40. Possibility Of Reverter -On Abandonment Or Misuse Of Dedicated Land FORM 2C_0040 View Entire Section Go To Word Processor If any part of the property dedicated in this instrument is not used and maintained for any of the purposes mentioned above, or if any part ceases to be used and maintained for any of such purposes, or if any part be used for any other purpose inconsistent with such purposes, then all the right, title, and interest in and to the property and to the improvements on the property will revert to and revest in [dedicator], or [his or her] heirs or assigns, as fully and completely as if this instrument had not been executed. 1 t Contdential Draft Related to Acceptance of Gift of Real Estate The Mayor, City Council, and HNCR agree to accept the Property at 1428 11th Street subject to these conditions: Mrs. Palmer donates The Property to the Huntsville Natural and Cultural Resources, Inc., (HNCR) a non profit 501(c)(3) corporation created by the City. HNCR will appraise the property and provide Mrs. Palmer with IRS Form 8283. The City will contract with HNCR for the maintenance and use of the Property. HNCR will apply for inclusion of the Property in the National Register. of Historic Places. HNCR will apply to the Texas Historical Commission for placement of a medallion at the Property. HNCR (and the City) will use the property as a cultural activities center for the Huntsville community, including the encouragement, promotion, improvement, and application of the arts, and for historical preservation projects or activities. They will use the Property for meetings of civic organizations, receptions, recitals, and other similar activities. HNCR (and the City) may impose user fees for the use of the property; however, any such fees will be applied to the maintenance of the Property. HNCR (and the City) will name the Property "The Palmer Center". The City will consider acquisition of additional property in the proximate area of The Palmer Center to use for parking and auxilliary purposes. HNCR (and the City) will use and maintain the property in keeping with its architectural and historical significance. In particular, they will attempt to minimize the visual impact of accessibility, offstreet parking, and other building code requirements. They will also maintain the grounds in a residential style. MEMORANDUM To: Scott Bounds, City Attorney Thru: Glenn E. Isbell, City Engineer From: Dianne Fuller, Property Researcher Coordinator Subject: Samuella W. Palmer property located at the intersection of 11th St. & Avenue 0 Date: October 22, 1998 ********************************************************************** Upon your request, I have researched the above referenced property. The two (2) daughters received the property by their mother's Will. Mrs. Wynne conveyed to Samuella W. Palmer and Ruth W. Hollinshead. Each receiving 50%. I do not have a copy of this will, but Mr. Martin said that it was not necessary to mention it in the document. I do have a copy of the Will on the Estate of Ruth W. Hollinshead. In her Will, Ms. Hollinshead assigned Ms. Palmer as her Trustee. With this information, Mr. Martin informed me that Samuella W. Palmer will need to sign the document to the City as such: Samuella W. Palmer, Individually and as Trustee for the Estate of Ruth W. Hollinshead. Also, Mr. Martin requested that upon completion of the deed, to make sure he receives a copy or the original. Either way, Ms. Palmer will most likely have him review it. If you have any questions, please let me know. COp?Y NOTICE TO ALL PERSONS HAVING CLAIMS AGAINST THE ESTATE OF RUTH WYNNE HOLLINSHEAD, DECEASED Notice is hereby given that original Letters Testamentary for the Estate of RUTH WYNNE HOLLINSHEAD, Deceased, were issued on July 15, 1997, in Cause No. 6258, pending in the County Court at Law of Walker County, Texas, to SAMUELLA W. PALMER, Independent Executrix. Claims maybe presented in care of the attorney for the Estate addressed as follows: Estate of Ruth Wynne Hollinshead, Deceased c/o Smither, Martin, Henderson, & Blazek, P. C. One Financial Plaza, Suite 210 Huntsville, Texas 77340 (409) 295-2624 (409) 294-9784 Telecopier All persons having claims against this Estate which is currently being administered are required to present them within the time and in the manner prescribed by law. D'ED th29th day of July, 1997. T 4 CD LL.! N 0) W 0 CAP R08.9 \HOWNSH\NOl7CE.001 SMITHER, MARTIN, HENDERSON, & BLAZEK, P.C. By State Bar No. 13092000 ATTORNEYS FOR THE ESTATE t PUBLISHER'S AFFIDAVIT I solemnly swear that the above notice was published once in THE HUNTSVILLE ITEM, a newspaper printed in Huntsville, Walker County, Texas, and of general circulation in said county, as provided in the Texas Probate Code for the service of citation or notice by publication, and the date that the issue of said newspaper bore in which said notice was published was August 1 , 1997. A copy of the notice as published, clipped from the newspaper, is attached hereto. WORN this / day of of office. AND SUBSCRIBED BEFORE ME by ///,)A /h,W67V c��►,� , 1997, to certify which witness my hand and seal 1""\ MINA HANSEN 14 :6‘ NOTARY PUBLIC 1 a ' ,4—/f State of Texas Z -2.i,' Comm Exp 01-27-2001 C\PROP QTHOWNSHWOTICE.001 NOTARY PUBLIC in and for The State of Texas. d3i�:�i;i>ii}i;it iii;i;ii>;iilii;il�))f;►ii;li':it dservlce supplies food and food products to top restaurants around the now havethe following openings in and around Houston and the Gulf c Cabin on 1d yard, w/d ; ok, Up, fur - rood farm Rd )sit. A must r1-5213 .E FOR sale 0 mth, 3bed- h, 2 car ga- 5-5681 )D 1/1 with washer/dryer ;475mth plus II 891-5297 )D ON Lake ree bedroom $700. • .5, $410; ant 891-5200 oblle Homes )r Rent A, furnished 75 mth + de- ces required. utilities paid 294-0206 LOVE ( DREN? down strs of huuse Turn. bdr, liv rm, bath, w/d, frig, micro, $250mo, min -childcare. No reht 4 hse kpng 294-9715 630 Roommates Wanted Roommate needed. to share 3 bedroom home. $210 mo. 291-6412. Less than 3 blocks from SHSU 64OMobile Home Spaces TANGLEWOOD $ 1000 CASH BACK (New Homes Only) Huntsville's finest Manufactured Home Community. Shady lots, pool, volleyball court, fitness center, resident officer, playground, Controlled access. 291.0271 lot in Far Hills, $69,900. 409-436-1865. SAME OWNER all three on White Rock Creek Caney Basin of Lake Uv- ingston excellent water front all bulk headed: 1. $200,000 1+ acre, by 2/2 1/2, fire- place, 3 car garage, guest 2/1 Iv rm. 2. $95,000, 2 ST/FR, 3/2, rec rm fireplace, Lv/Dn, ample storage, double ga- rage & carport, boat pier & stall 3. $75,000, frame 2 story 4/3, dn/kithn comb, rec rm, 2 car garage, pier, 2 boat stalls. Charles H. Elliott & Assoc. 594-3585 TRYING TO buy a home? Been turned down? Poor credit, no money down. Call Kevin 281-625-7793 lelp Wanted 405 C Help Wanted 405 Help Wanted We're Dishing Up OPPORTUNITY • ROUTE DELIVER DRIVERS 'ou must have 1+years route delivery experience in a customer service iironment, Class A CDL and an accident free driving record. In addition competitive rate of pay, after a probationary period, you will qualify for •Medical/DentalNision Plan •401K year of service, you will receive •Paid Vacation •Personal Holidays NIGHT WAREHOUSE WORKERS • TEMPORARY/FULL-TIME Sunday -Thursday, 6 PM-2AM ted Individuals needed to load outgoing trucks, select orders, and ler job duties as assigned. 1+ years warehouse experience in a lrvice oriented, fast -paced environment, including pallet jack and forklift skills, and ability to bend/pulVpush, carry and lift heavy loads required. I environment. We will provide appropriate attire and competitive rate of :rtime after 80 hours bi-weekly. Possible regular full-time potential. ,✓t r.. son at ALUANT FOODSERVICE Attn: Human Resources F;•,' • 10 S. Trade Center Parkway Conroe, TX 77385 Pre-employment physical and drug test required. EOE WF/DN '4 vost " 11 :111,111"!";411t1H1110 $136,900 RED BRING T ED To Timberwood Lane to see this lovely 4 bdrm. home on an oversized meticulously landscaped lot. Rex Realty 291-3330 999 Legals 999 Legals. COMMUNITY ACTION NACOGDOCHES, INC. is now accepting bld proposals for it's FY 1997 Audit. For more Information, call (409) 564-2491 or come by 324 North Lanana, Nacogdoches, TX. ;( NOTICE The Board of Trustees of the Huntsville Independent School District will hold a public hearing on August 11, 1997 at 6:00 p.m. in the Board Room of the Hawkins Administration Building, located at 441 FM 2821 East. The purpose of this public hearing is the 1997-98 Budget A vote for the adoption of the 1997-98 Budget will take place after the hearing. The Budget may be viewed at the Hawkins Administration Building from 8:00 a.m. to 5:00 p.m. weekdays. 8-1 NOTICE TO ALL PERSONS HAVING • CLAIMS AGAINST THE ESTATE OF RUTH WYNNE HOLLINSHEAD, DECEASED ' Notice is hereby given that original Letters Testamentary for the Estate of RUTH WYNNE HOLLINSHEAD, Deceased, were issued on July 15,` 1997, in Cause No. 6258, pending in the County Court of Law of Walker County, Texas, to SAMUELLA W. PALMER, Independent Executrix. Claims may be presented in care of the attorney for the Estate addressed as follows: Estate of Ruth Wynne Hollinshead, Deceased c/o Smither, Martin, Henderson, & Blazek, P.C. One Financial Plaza, Suite 210 Huntsville, Texas 77340 - (409) 295-2624 (409) 294-9781 Telecopier • All persons having claims against this'Estate whl is currently being administered are required to. present them within the time and in the manner prescribed by law. DATED the 29th day of July, 1997 SMITHER,MARTIN, HENDERSON, & BLAZEK, P.C.. By LLOYD C. MARTIN;° State Bar No. 13092000' ATTORNEYS FOR THE ESTATE" 8;1. Confidential Draft PROPOSED CONDITIONS TO A GIFT DEED S. W. PALMER HOME AND PROPERTY ELEVENTH STREET AND AVENUE 0 The property and home would be preserved and maintained in accordance with applicable National and State Historic guidelines including applications for historic and/or architectural registration. Modifications to the Palmer Home will be kept to a minimum in keeping with any National Register requirements. Handicap access accommodations and other Code compliance upgrades will be made with as little visible change as possible. The grounds adjacent to the front and sides of the property will be maintained in residential style appropriate to the ambiance of the Palmer Home. Minimum off street parking accommodations will be made on the back end of the property (north & east) and coordinated with any restorations to the Town Creek bank. The Home and property will be used as a Cultural Activities Center for the Huntsville community. Receptions, recitals, meetings of civic organizations and the like, are the type of activities that may be held by arrangement with the City. Fees for use and deposits for cleaning and maintenance of the facilities may be required to reserve the use of the Home or grounds. The gift of the Home and Property should be made through the Huntsville Natural and Cultural Resources Inc., a duly established 501, 3 C., I.R.S. Code -tax exempt organization created by the City to receive such donations and qualify for restoration grants from State, Federal, or private foundation sources. Transfer of the title of the Property to the City by H. N. & C. R., Inc., would immediately follow approval of any grant application. The naming of the Cultural Activities Center in honor of Mrs. Palmer or other designee of her choosing, will, of course, be stipulated. A Historical Marker will be placed by the City's Historical Marker Committee at an appropriate vantage point on the property to publically document the lineage of the property and Its gift to the City of Huntsville. The City will endeavor to acquire additional property in the proximate area to provide parking and other auxiliary use requirements as funds become available to limit the utility effects on the Palmer property to as great an extent as practicable. Historic Name: Wynne, Gustavus Adair, House. Site No. 1028. Address: 1428 Eleventh. Date: 1883; altered c. 1915. Photo Reference: Roll 1/Frame 10. Description: 2 -story, single-family, domestic building, Queen Anne/Classical stylistic features. Significance: ,The building is a visually prominent residential landmark in the city. The Classical Revival style appearance belies the house's original Queen Anne form. A dominant 2 -story classical portico makes this the city's most successful "historically layered" house. The paired Composite columns, smaller Doric columns, and an elaborate entry are some outstanding architectural : details. Wynne was the son of John der Wynne who, along with Sam V. Smith, opened the first bank in HuntsVide prior to 1890. G.A. Wynne served as cashier for another early local bank, the Gibbs National Bank which was established by Thomas and Sandford Gibbs in 1890. The property value increased incrementally from $500 in 1880 to $1000 in 1898, when Mrs. M.R. West conveyed the parcel to G.A. Wynne. In 1905, the tax valuation doubled to $2000, suggesting the major renovations. Wynne continued to pay taxes on this property -:through 1940. A 1981 surveyor noted that Wynne probably built the house as a wedding gift for his wife, Samuella Gibbs Wynne. The house still belongs to members of the Wynne family. Historic Name: Oliphint, Thomas & Marjory, House. Site No. 1031. Address: 1537 Eleventh. Date: c. 1923. Photo Reference: Roll 1/Frame 4. Description: 1 -story, single-family, domestic building, center -passage -plan house with Colonial Revival stylistic features. Builder. Randolph, Thill. Significance: The house is a locally important example of a pattern book or builder's version of a bungalow with revival styled elements. The Colonial Revival influences are evident in the roof form and the classically inspired entry stoop and a sun porch, both of which feature Doric columns and prominent carved brackets. The building survives in an area -with encroaching commercial development. In 1933 a bedroom was added onto the back of the house. According to the current resident, Marjorie O. Trantham, this house was built in the summer of 1923 for her parents, Thomas L. (Judge) and Marjory Oliphint, who moved into the house after their wedding in September of that year. Mr. Oliphint was the proprietor of a grocery store on the northeast corner of the courthouse square and, in 1929, became: manager of the Huntsville Coca-Cola Bottling Company, until his death in 1946. After her husband's death, Mrs. Oliphint was elected County School Superintendent and served for twelve years. She lived in the house until her death in 1987; her daughter Marjorie's family moved into the dwelling at that time. HISTORIC :RESOURCES SURVEY OF HUNTSVIL LE, TEXAS. Appendix B - 17 m m v_ X 31. a m X X x at X at X x x x x v op n n x x x x Z X X X X X x )C x X X X x X X X x X x X r 815 Eleventh/Walls Unit 815 Eleventh/Walls Unit 815 Eleventh/Walls Unit 815 Eleventh/Walls Unit 815 Eleventh/Walls Unit 815 Eleventh/Walls Unit 815 Eleventh/703 Twelfth 2641 Eleventh 1705 Eleventh 1612 Eleventh 1608 Eleventh 1537 Eleventh 1500 block Eleventh 1428 Eleventh 1414 Eleventh 1411 Eleventh 1400 block Eleventh 1315 Eleventh 1228 Eleventh 1118 Eleventh 1116 Eleventh 1114 Eleventh 1112 Eleventh 1110 Eleventh 1108 Eleventh 1102 or 04 Eleventh 1027 Eleventh 1018 -30? Eleventh 1000 block Eleventh 1000 block Eleventh 1000 block Eleventh 1000 block Eleventh 927 -929 Eleventh 800 block Eleventh Street Number and Name G 4 b M ILIUM • O Institutional 1960 Commercial c. 1966 Domestic Industrial c- 1968 ..T n r- 1 r 3 0 I 1 N Domestic Center -Passage Greek Revival c. 1872 N rf n N 4 p" A O Commercial One -Part Commercial c. 1945 Commercial Service Station Moderne c. 1945 Domestic Center -Passage Colonial Revival 1923 1 Commercial Service Station c. 1945 Domestic Queen Anne/Classical 1883 c. 1915 Domestic Colonial Revival c. 1925 Domestic Four Square Classical Revival c. 1929 Domestic Center -Passage Colonial Revival c. 1945 Domestic Prairie/Colonial c. 1925 Domestic Center -Passage Greek Revival c. 1862 Commercial Two -Part Commercial c. 1890 Commercial Two -Part Commercial c. 1915 Commercial Two -Part Commercial Commercial Two -Part Commercial c. 1925 Commercial Two -Part Commercial Commercial Two -Part Commercial 1890 Commercial Two -Part Commercial 1895 Institutional Governmental 1929 Commercial One -Part Commercial c. 1920 Commercial One -Part Commercial c. 1950 Commercial One -Part Commercial 1955 y O VWi Institutional Governmental Renaissance Revival 1931 r. O e O Commercial One -Part Commercial c. 1940 Property Type Subtype Stylistic Influence • Date Identification 0M N Ow- V N Vl N CI + J N+ W 14 i / P A P 1 W ++ CO 1:8 V J t & 1 N + 40 1:10 45:34 - 46:35 4 j +, VI O 1 W A 1:2 45:28 - 29 2 + 1:1 45:25 - 27 4 N + 1 P P N 38:29 41:29 - 30 2 38:30 W + WW W N W W 41 37:35 39:2 - 3 3 YY W N telV V V NI J N N 1 p t + V- + . ^ T 1 N a+ • a Photographic References 17 CC + v n 17 A 17 AA - 17 B 17 BB r4 r r 4V r M o DI V: -• + IU V 1033 1032 r JI a v CO00 N J.Ana o 15 J 40 + r + + Irw .e y • m m v_ X 31. a m MEMORANDUM TO: Gene Pipes, City Manager THROUGH: J.D. Schindler, Director of General Services FROM: Linda Pease, Cultural Services Coordinator V. DATE: November 2, 1999 SUBJECT: Wynne Home Plans For direction in pursuing the restoration and end use of the Wynne Home, the following questions are provided for Council consideration: I. Does Council concur with the recommendations of the consultant Sheryl Paul: A. To make the primary use of the Wynne Home a Cultural Arts Center? B. To charge the Huntsville Arts Commission with the development of the next steps? 1 1. A shared vision 2. Clear consensus among stakeholders 3. An Action Plan II. What funding for (1) the restoration of the building and for (2) the end use will be provided (sought): A. From City funds? B. From grant funds? C. From local citizens capital campaign? III. What time lines are anticipated: A. To have available funding? B. To begin restoration? C. To complete restoration and begin use? If Council agrees to follow the recommendations of Sheryl Paul, then the Huntsville Arts Commission will come back to Council with information to help determine the answers to Questions II and III. If Council wishes to take another direction, what direction would that be, and who shall be charged with development of the next steps? PRESENTED TO COUNCIL w/9s 2 SEP -09-99 THU 07:21 AM September 9, 1999 TO: Linda Pease City of Huntsville FROM: Sheryl Paul Association Works 77777777777777 P.01 SUBJECT: WYNNE HOUSE PROJECT—DRAFT DOCUMENTS As we discussed by phone yesterday, I'm forwarding the following draft documents for review and comment by you and/or your colleagues: • Project action plan • Draft #2 of the public comment solicitation letter to community organizations (using your original tetter as the starting point and adding particulars about format, content and evaluation criteria for public Input) • Suggested weighted evaluation criteria (based on our 9/1 "group think") Let me know what you think—will call this afternoon to give you a little time to look them over. 111 be more than willing to revise any or all of these documents to make them the best that they can be. (No pride of authorship problems here!) Am assuming that the consultant agreement forms arrived safe and sound. Talk to you soon. And welcome home from "nursing duty"! Attachments (8 pages) .SEP -09-99 THU 07:22 AM 77777777777777 Notes/Follow-a-. Walked through Wynne House. SRP to: • Revise agreement fomn oonsisteti with City Atty's input • Document outcomes of decision- making criteria discussion • Develop project action plan Done. Two (2) unsigned originals mailed with cover letter to G. Pipes. L. Pease faxed descriptions of Ms Contracts Program awardees for FY fi999 and 2000. 1. Pease advised by a -mail on 912. 6 c 0 0 o '0'� 5 Ft Ev 0 0 et CD 0 (U c et • vc c co C1 c'a a V) o n. 0 cca a C!) L Pease _00CI_�J Too Initial meeting in Huntsville to: • Establish working relationships • Review project history • Determine public input process • Develop evaluation criteria • Identify project milestone dates • Negotiate consultant fee • Review consultant a • reement form Revise consultant agreement form S. Paul out of office. Available to City by telephone, e-mail (no fax) Forward to L. Pease: • Weighted evaluation criteria (draft) • Draft #2 of solicitation letter to local arts groups (including suggested instructions re: format, content) • Project action plan • Place public notice in newspaper • Content/format instructions finalized available to public via hardcopy, Internet website. o. lCSI r 0 as ai P.02 SEP -09-99 THU 07:22 AM 77777777777777 P.03 S11.1 0) 0) ..�. GD 4to 03 "0 Ch 3 4k Q`_1 i.TJ :I: Discuss next steps City Council Meeting: Final Report • Methodology • Evaluation criteria • Summary of public input • Top ranked ideas/rationale (Presentation supported by overhead trans • arencies ha^dco • document Progress update by telephone on consultant review, evaluation of public input (number, completeness, content) -o c Q D 5- 3 0. ii a o 8 m y C g Deadline for submission of public input to the City Manager's office. (Originals retained, 1 photocopy for consultant) • Progress update (# of letters received to date, speculation on final submission volume) • Determine need for mid -course correction (8 working days remain) • Update to consultant on relevant City Council discussion • Consultant contract signed by City, returned to consultant for signature City Council Meeting • Project update • Consultant contract approval g a 1 S. Paul et. al. to c S Paul, L Pease L Pease r 13 e LPease, S Paul L Pease G Pipe` G7 �C I SEP -09-99 THU 07:23 AM September 8, 1999 Organization Address Huntsville, TX 7734Q Dear 77777777777777 P.04 As you know, the recent generous gift of the Wynne House (1428 11t Street) to the City of Huntsville has delighted citizens throughout our community. This gracious two- story home is a distinctive Huntsville landmark and genuine historic treasure. The City is committed to adaptively restoring and maintaining the Wynne House to the broad benefit of the people of Huntsville and of visitors to our community, consistent with the donor's wishes and sensitive to expressed public sentiments. In preparation for the solicitation of public comments, the City contracted for and received an architectural audit by TAO Limited Architectural Services that documents the architecture, existing condition, and baseline renovation needs of the house. City Council representatives and staff visited the Dallas -based Meadows Foundation to tour their extensive Swiss Avenue restoration project and to obtain insights relevant to preserving Wynne House for appropriate long-term community use. Finally, the City engaged Association Works, a nonprofit management consulting firm, to guide the public input phase of the Wynne House project. Request for Action: Public Comment The purpose of this letter is to invite collective and/or individual written comments about how the City of Huntsville might best use the Wynne House for cultural activities, Including the encouragement, promotion, Improvement and application of the arts, and for historical preservation projects or activities. Acceptable secondary uses of the house include, but are not limited to, 1) meetings of clvic organizations, receptions, recitals and similar activities and 2) administrative offices for the facility. Desired Format for Public Comment To encourage the broadest possible Input from all segments of our community, it has been decided to use a structured letter format for transmittal of public comments from interested individuals and community groups. Letters may be typed, hand-written or electronically submitted via e-mail. They may be as brief or as long as necessary to fully describe the details of your idea. What's important is that they reflect your best thoughts on how Wynne House can be used to make a real difference in the cultural resources of our community. Each letter must include identifying information about the submittor [full name, address of residence, mailing address (if different from residence), telephone number(s), and organizational affiliation, if appropriate] and should answer the following questions in as much detail as possible: SEP -09-99 THU 07:24 AM 77777777777777 P.05 • How can Wynne House best be used topromote cultural activities in Huntsvi e? Why? • How many and what types of people would be served each year if Wynne House we effused as suggested? • What changes would need to be made to the house and/or grounds in order to accommodate the proposed use? • Is the suggested use of Wynne House financially feasible? Explain. • If this idea for the use of Wynne House were accepted which nonprofit or governmental group(s) In Huntsville would be most capable of successfully managing the program/facility over time? Why? Deadline for Written Comments Letters must be received by Linda Pease, Cultural Services Coordinator, at City Hail, 1212 Avenue M, Huntsville, Texas 77340 no later than 5:00 p.m. on Wednesday, October 6, 1999. E-mail comments may be sent to I_peasecicc.net. Evaluation of Written Comments Public Input will be evaluated by the consultant using criteria established especially for the Wynne House project, including: • Proposed Use—consistent with published parameters, meets one or more demonstrated community needs • Audiences Served—widely inclusive of general and special populations • Impact on Physical Premises ---preserves the structural and historic integrity of Wynne House, compatible with surroundings • Financial Considerations—reasonableness of projected adaptive restoration and operating plans (and associated costs), potential to attract external funding and/or to generate revenues • Management Plan—likelihood of long-term program management success, leverages community resources through collaborative efforts Outcomes of consultant review will be presented to City Council at its meeting on October 26, 1999. Thank you for your anticipated valuable contribution to the public input phase of the Wynne House project. Please contact Linda Pease at (409) 291-5422 should you have questions or wish to review any of the background documents available to support the development of your proposal letter. sincerely, -SEP -09-99 THU 07:26 AM 77777777777777 P.06 City 01 HuntsvIlle: Wynne House ProJoot September 8, 1999 Weighted Criteria for Evaluating Public Input Evaluation Criteria Must/Want Numeric Weight Narrative Weight PROPOSED USE/PROGRAM DESCRIPTION Permanent (vs. temporary) addition to City programs, capacities Want 10 High Consistent with Gift Deed requirements (cultural activities, the arts, historic preservation) Want 10 HIOh , Meets a demonstrated community need ("changes the community" in some fundamental way) • New service, fills gap in current services/programs • Adjunct service, extends/augments4 existing services/programs • Duplicate service, relocates or mirrors existing services/programs Want 10 8 - 10 - 7 1 - 3 Hlgh High Medium Low Diversity of use (multi-purpose vs. single purpose use) Want 8 High Consistent with City plans (Comprehensive, 2020 Cultural) Want 5 Medium TARGET AUDIENCE(S) SERVED Inclusive, ability to reach largest/key segments of the community • Numbers served • Priority community segment(s) targeted • Centralized (on-site) vs. de -centralized (outreach) program delivery plan Want 9 High Attractive to non-residents (no geographic restriction on users) Want 6 Medium IMPACT ON PHYSICAL PREMISES Compatible with and preserves the historic and structural Integrity of Wynne House • General configuration of the rooms is preserved Want 10 High Capable of achieving compliance with Americans with Disabilities Act (ADA) access requirements Want 10 High Compatible with surrounding uses Want 7 Medium Reflects understanding of and support for °adaptive re -use" (vs. historical restoration) concept Want 5 Medium Manageable parking needs (volume) Want 5 Medium SEP -09-99 THU 07:27 AM 77777777777777 P.07 Crltsrla Must/Want Numerfc Weight Narr tivo Weight FINANCIAL CONSIDERATIONS Proposed use is financially feasible. • Compatible with money available for restoration • Impact of operating plan (hours/days of operation, management scheme, budget, etc.) on City's maintenance costs Want 8 High Potential to attract external funding (grants, matching funds, in-kind support etc.) Want 6 Medium 1 Potential to generate revenues • Possible to become self-supporting? • Partial support (fees, product sales) Want 4 Low PROPOSED PROGRAM MANAGER(S) and/or OCCUPANTS 501(c)3 or governmental entity Must NA NA Located within City of Huntsville Must NA NA Proposal leverages resources of and promotes formal collaboration among two or more City -based groups Want 8 High Proposed group(s) capable of successful, long-term program management (historic track record, evidence of requisite resources and expertise, etc.) Want 8 High PUBLIC COMMENT ADMINISTRATION Minimum information about submittor. • Name • Address • Telephone number Note: No geographic restriction on source of public input (outside of City/County OK) Must _ Input submitted In writing (hardcopy, e- mail) Must Input received by close of business on Wednesday, October 8, 1999 Must Written Input consistent with suggested content, format instructions;_complete Want Input submitted in English Want 09/09/99 07:47 $409 291 5409 CITY HUNTSVILLE 4001 *******$**************s**** *** ACTIVITY REPORT *s* *************************** RECEPTION OK TX/RX NO. 4858 CONNECTION TEL 77777777777777 CONNECTION ID START TIME 09/09 07:40 USAGE TIME 06'32 PAGES 7 RESULT OK MEMORANDUM TO: Gene Pipes, City Manager THROUGH: J.D. Schindler, Director of General Services FROM: Linda Pease, Cultural Services Coordinator DATE: August 4, 1999 SUBJECT: Facilitator for Determination of Use for the Wynne House The Meadows Foundation recommended two persons who have acted as facilitator on projects for them and with whom the Foundation has been pleased: Calvin Webb of Arthur Anderson (government group) and Diana Christopolis. Ms. Christopolis is unavailable for the foreseeable future, but she in turn recommended someone whom she has confidence in. Brief general information acquired in query phone calls is provided: Calvin Webb of ARTHUR ANDERSON (GOVERNMENT GROUP) was recommended by the Meadows Foundation. Contact: David Eisenlohr (responding for Calvin Webb) Availability: Exact dates to be determined Experience: Much public/private experience Process: Develop action plan, and, for example, hold approximately three facilitated meetings including one public forum, one meeting of special interest groups, and one City Council meeting (the later two could possibility be held together), resulting in determination of use with criteria. Fee Estimate: Approximately $20,000-$25,000 (Asked whether Meadows might help with the fee) SHERYL PAUL of ASSOCIATION WORKS was recommended by Diana Christopolis. Availability: Late August for preliminary meeting for development of action plan September: Full steam ahead Experience: Much private/non-profit experience Process: Develop an action plan, and, for example, facilitate one to four meetings of some kind, variety of techniques may be used; tailor to fit community. Results: determine use with criteria. Fee Estimate: Approximately $6,000 plus reimbursable expenses PRESENTED TO COUNCIL l0 _61 io `u ,1 (AAss( - THE MEADOWS FOUNDATION W/LSON H/STOR/C O/STR/CT 3003 SWISS AVENUE DALLAS, TEXAS 75204-6090 ROBERT E. WEISS VICE PRESIDENT FOR ADMINISTRATION July 12, 1999 Ms. Linda Pease Cultural Services Coordinator City of Huntsville 1212 Avenue M Huntsville, TX 77340 Dear Ms. Pease: (214) 826-9431 FAX (214) 824-0642 EMAIL: bobweiss@mfi.org Thank you for your kind letter dated July 7, 1999. We enjoyed meeting with you and other city officials and staff concerning your adaptive reuse project. We are gratified if our efforts were helpful. In response to your request, I am referring you to Diana Christopulos. Diana has worked with us for the past two years and has proven to be an excellent facilitator and strategic planner. I recommend her highly as a candidate worthy of your consideration to facilitate your Wynne House project. Should you decide to contact Diana please let her know that I suggested you give her a call, as I have not had an opportunity to speak with her concerning your request. Diana Christopulos, Ph.D. President Custom Management Systems 1822 Plymouth Dr. N. Irving, TX 75061 (972) 253-0181 (972) 253 -1764 -Fax dchristop@earthlink.net Best wishes as you move forward with your Wynne House project. Please keep me apprised of your progress and do not hesitate to let me know if I may be of further assistance. Cordially, eAkid11-4-4/- Bob Weiss July 7, 1999 Mr. Bob Weiss The Meadows Foundation 3003 Swiss Avenue Dallas, TX 75201-6090 Dear Mr. Weiss: The City of Huntsville has now received the architectural audit on the Wynne House and is ready to begin the community -input phase of the adaptive reuse project for the Wynne House. The City Manager has asked me to inquire whether you/the Meadows Foundation could give us names of persons who would be excellent facilitators to guide us through such a public process. Thank you again for the immense assistance you have already given to get us started in this restoration project. There is a general feeling of trust in the work that Meadows is doing; therefore, we would be pleased to hear from you with names and contact information of persons who might be able to help us determine use. We appreciate your help and look forward to hearing from you. Sincerely, Linda Pease Cultural Services Coordinator City of Huntsville 1212 Ave M, Huntsville, TX 77340 Voice: (409) 291-5422 Fax: (409) 291-5409 http://www.ci.huntsville.tx.us e-mail: l_pease@lcc.net 46. AssociationWorks Products Page http://www.associationworks.com/nonprotitconsultmg.htm Home Keynotes Consultation MBTI Training Association Works Association Works is a results -oriented consulting and training firm targeted to the unique needs and culture of mission driven organizations. Using a wide variety of proven methods and tools, we'll partner with you to help your team achieve or maintain peak performance. We offer a fresh perspective and a range of of highly effective programs and services in key management areas. For specific information click on the buttons above. Organizational Development We will help your volunteer and staff leadership assess organizational opportunities and develop effective action strategies. 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Dallas County - Mental Health and Mental Retardation Center EarthSave International Epilepsy Foundation of Greater North Texas FunEd Greater Dallas Council on Alcohol and Drug Abuse Indiana University - Center on Philanthropy Intiatives for Children - Houston ISTM - International Society of Travel Medicine Lupus Foundation of America Management Assistance Program - Houston Management Support Network - (14 Center's For Non Profit Management - Texas) March of Dimes National Foundation Mental Health Association of Greater Dallas Nexus Recovery Center, Inc. North Texas Women's Business Council NSFRE - International Conference - Speaker - 1999, 1998, 1997, 1996, 1995 NSFRE - State and Local Chapters Parkland Foundation PCMA - Professional Convention Management Association Rainbow Days, Inc. Second Harvest National Conference Sigma Xi, The Scientific Research Society Southern Dallas Development Corporation Texas Commission on Alcohol and Drug Abuse The Arc of the United States - National Office The Meadows Foundation UMR Communications United Cerebral Palsy of Metropolitan Dallas United Way of Texas Gulf Coast V11 Ark ..t AA..a........I:a..... n..l1.... 8/4/99 2:53 PM Clients http://www.associationworks.com/clients.htm • I. 2 of 2 . 1 1VIli/1 UI IVICII UllUlll:11 I UQI Idb Send mail to ipault associationworks.com Home J -o 8/4/99 2:53 PM I N T ER OF F ICE MEMO To: Gene Pipes, City Manager From: J. D. Schindler, Director of General Services Subject: Evaluation of Wynn House Date: March 24, 1999 This is to request the Council to authorize the City Manager to enter into a Professional Services Contract with James M. Turner, dba, TAO Limited, for an amount not to exceed $6,500 and authorize the transfer of $6,500 from the budgeted reserves for special projects. The proposed contract will provide for professional services for the documentation, investigation and evaluation of the Wynn House. This will include measuring the structure and preparations of a set of "as built" drawings and the creation of an Architectural Audit. The architectural audit and engineering audit examines the building in detail to evaluate the performance of the existing building systems. This information is then used to produce an evaluation report with recommendations for action for preliminary preservation, including a budget for the proposed recommendations. CITY COUNCIL APPROVED * (0- Pg. 5— 3/0 erg Proposal March 21, 1999 This Proposal is to provide professional services for the documentation, investigation, and evaluation of the Wynn House for the City of Huntsville, Texas. This shall include measuring the structure and producing a set of "As Built" drawings and creation of an Architectural Audit. This audit shall be a report outlining the results of the investigation and a strategy for addressing the building stabilization and renovation. Scope of Services The first step is to conduct field measurements of the existing conditions. This information is compiled to develop a set of "As Built" drawings showing the size and location of walls, windows, and doors. This architectural and engineering audit examines the building in detail to evaluate the performance of the existing building systems. An audit consists of five parts: Site, Skin, Systems, Utilization, and Analysis. The audit starts with a professional conducting a site survey and building inspection to collect data. This information is then used to produce an evaluation report with recommendations for action. The audit examines the building and offers observations to direct future considerations. An audit provides the owner with a post occupancy report that can verify if the building is meeting the current objectives. Terms and Fees The field measurements shall commence with receipt of written authorization to proceed. The estimated time required to complete measurements and produce "As Built" drawings is three weeks. At that time a payment of one thousand five hundred dollars shall be due. Concurrent with the measuring of the existing facility the Architectural Audit shall commence. It is envisioned that two months shall be required to complete the audit. Payment of five thousand dollars shall be due upon receipt of three written copies of the Architectural Audit. The City shall make the building available for scheduled times of inspection and share all existing knowledge concerning these facilities. The proposal described above is valid for thirty days. James M. Turner, RA JMT/tao TAO Limited Architectural Audits 1207 University Avenue Huntsville, Texas 77340 Tel: (409) 438-8605 05/10/00 03:50 FAX 214 553 5585 AssociationWorks r - May 10, 2000 Darryl Patrick, Ph.D. Chairperson Huntsville Arts Commission 1212 Avenue M Huntsville, TX 77340 Dear Dr. Patrick: ASSOCIATIONWORKS Via Fax In preparation for the June 10 Wynne Home Project Planning Meeting, 1 have drafted the following items for review by the Arts Commission: • Proposed annotated agenda • Description of suggested materials to be mailed to participants prior to the meeting. I look forward to receiving the Commissioners' comments. Thank you for facilitating this process. Very truly yours, Sheryl Paul Partner Attachments tt cc: Linda Pease, Cultural Services Coordinator 402 PO Box 741325 Dallas TX 75374 Tel 214.221.7881 1.800.986.8472 Fax 214.553.5585 05/10/00 03:50 F X 214 553 5585 Associat onWorIs LOU CITY OF HUNTSVILLE WYNNE HOME PROJECT PLANNING MEETING City Hall Council Chambers, 1212 Avenue M Saturday --June 10, 2000 Agenda (Draft #1) 8:30 a.m. Continental Breakfast 9:00 a.m. 1. Welcome and Opening Remarks Dr. Darryl Patrick, Chairperson Huntsville Arts Commission 9:10 a.m. Il. Framing the Dialog Sheryl Paul, Facilitator Action Desired: Develop a shared understanding of meeting agenda, process and expected outcomes. 9:30 a.m. III. What's Really Important to Us? Action Desired: Reach consensus on the most deeply held core values for the Wynne Home Cultural Arts Center. 10:50 a.m. IV. Sihing Off the Same Page: What Are We About? Action Desired: Identify primary and supporting target audiences/customers. Draft mission and vision statements. 12 noon V. Working Lunch: Crafting the Plan Action Desired: Participants will be assigned to one of five table groups (Programs, Physical Structure, Finance, Management, Marketing). Their charge is to develop clear guidance for community-based Wynne Home Project Implementation Teams, including: • Team charge • Expected outcomes (ends) • Underlying beliefs, assumptions, parameters • Recommended approaches to the task (means) • Milestone events and/or dates • Coordination needs (with other Teams) • Resource needs, budget implications • Critical success factors • Potential barriers to success • Suggested team composition (optimum number and characteristics of team members) 05/10/00 03:50 FAX 214 553 5585 AssoclationWorks 2:30 p.m. VI. Group Reports Action Desired: A reporter for each group will present key discussion outcomes and recommendations to all participants. A brief opportunity for Q & A, clarification will be provided after each presentation. 3:45 p.m. VII. Next Steps Action Desired: Identify unresolved issues, post -meeting follow-up actions. 3:55 p.m. VIII. Closing Remarks Dr. Patrick 4:00 p.m. Adjourn Consultant's Note: The absence of scheduled breaks is not an oversight. Breaks will be taken as needed and/or desired by individuals or small groups throughout the day. We'll cover this at the beginning of the meeting. 1004 1.10/1U/uu u3:Du ±AA Z14 5DS 0060 Associationworxs • CITY OF HUNTSVILLE VVYNNE HOME PROJECT PLANNING MEETING City Hall Council Chambers, 1212 Avenue M Saturday—June 10, 2000 Description of Participant Materials Approximately two weeks before the meeting, each participant will receive a packet of background materials. While the contents of the packets have not been finalized, they might include such informational items as: • Roster of meeting participants • Expected outcomes for the meeting (in lieu of the actual agenda) • Wynne Home Project planning parameters and non-negotiables • "Adaptive reuse" working definition • Reference documents (in their entirety or relevant excerpts) Also included in the packets will be a set of pre -meeting worksheets tobe completed by each participant prior to the meeting. At minimum, participants will be asked to consider and to document their preliminary thoughts about the following Wynne Home Project planning topics: • Target audiences/customers (primary, supporting) • Mission • Vision • Discussion questions relevant to the table group to which they have been assigned (e.g., Program, Physical Structure, Finance, Management, Marketing) Sample worksheets are attached to illustrate the suggested approach. An explanatory cover letter will accompany the packets. It should: • Emphasize the importance of this meeting to the Wynne Home Project. • Reconfirm meeting particulars (date, time, location, lunch, dress, etc.) • Urge participants to review informational materials and to complete individual pre -work prior to the meeting. • Instruct participants to bring their packets on June 10. Additional written materials will be distributed on the day of the meeting to support small and Targe group discussions. Cruz U5/1U/UU U3:50 FAA X14 553 5585 Assoc1at1onworlis J Wynne Home Target Audiences Target audiences—or customers—are those who must be satisfied with the organization's programs, products or services in order for the organization to achieve results. The primary customer is the person whose life is changed through the organization's work. Supporting (or secondary) customers are all others—both inside and outside the organization—who must be satisfied. It is important to know what each group of primary and supporting customers values in order to meet or—even better—to exceed their needs and wants. Who are potential primary customers for the Wynne Home Cultural Arts Center? What do we believe that they value? Who are potential supporting customers for the Wynne Home Cultural Arts Center? What do we believe that they value? Lgi U tf 05/10/00 04:00 FAX 214 557 5585 Associationwoms Wynne Home Mission and Vision Mission Statement A mission statement dearly and briefly conveys an organization's reason for being. It customarily reflects the primary service and target audience. It does not usually include references to how the mission will be accomplished (strategies) or why mission achievement is important (vision). A mission statement should be timeless, compelling, concise, and easy to internalize. It should be cited accurately, consistently and often. It is the lens through which strategic and operational altematives are analyzed. A Mission Statement for the Wynne Home Cultural Arts Center might be: Vision Statement A vision statement provides a picture in words of the organization's mission fulfilled, It usually answers the question "What will the world look like when we achieve our mission?" A vision is a highly optimistic but credible shared dream of what is possible. It should inspire, motivate and challenge the organization to exceed its grasp. A Vision Statement for the Wynne Home Cultural Arts Center might be: �ruG VI. Recommendation Based on consultant review of public comments, it is recommended that the City of Huntsville give serious consideration to converting Wynne Home into a • Cultural Arts Center (primary function) with • Meeting space for local community groups (secondary function) and • Administrative offices for program management staff (secondary function). The Cultural Arts Center concept, while perhaps more challenging to implement than some of the other proposals, is recommended because it's primary function ranks particularly high in the following key areas: • Consistency with the donor's expressed wishes • Ability to permanently fill a perceived gap in current community programs and services • Diversity of related functionality and audiences reached • Likelihood of leveraging community resources through collaborative efforts, shared commitment to a common goal • Financial feasibility, including potential to attract and to generate revenues Obviously, meeting space is at a premium in Huntsville. The greatest number of individuals and groups will be served by attempting to ensure that the Cultural Arts Center space is appropriate to and made available for meetings. It was suggested that movable panels be used to expand art gallery/exhibit space; the panels could be stored when rooms were needed for other purposes. However, care should be taken that any secondary use of the Center supports and enhances its goals and operations. 16 VII. Implications for Action Suggested Next Steps If the Cultural Arts Center concept is accepted, the City—under the capable leadership of the Huntsville Arts Commission—may wish to convene one or more meetings of interested individuals and/or community group representatives to begin to create a shared vision and plan of action. At this stage of the project, a number of baseline questions should be asked and answered through dialog and consensus building: • What is our mission? • Who are our priority stakeholders? target audience(s)? • What programs/services will best meet audience needs? • What range of resources must be secured to successfully implement our most important programs/services? From what sources? How? By whom? When? • What is the best short- and Tong -term management plan for the Center? Why? What do we need to do to make it happen? • What factors are critical to the Center's success? • What are the potential barriers to success and how can we overcome them? • What are our important milestone activities and dates? • What is our oversight plan? • How can we keep our publics informed about, involved in and committed to the Wynne Home project over time? For Future Reference Ideas have been gleaned from submitted public comments that may be useful to the City's implementation planning at some point during the coming months. They are presented for information and future reference only. Unique suggestions that might be relevant to the Cultural Arts Center: • Establish a permanent display highlighting the contributions of Huntsville's African-American residents (1800's to present). • Provide an inexpensive souvenir to each visitor to promote interest in and visits to Wynne Home by others.. • Enhance the Wynne Home section of the City's Internet website to permit those who cannot actually visit Huntsville to "tour" the Home online. All suggested structural enhancements: • Install complete fire and forced entry alarm system ASAP. • Add ramps, handrails and an elevator on the exterior rear to achieve ADA compliance. • Remove aluminum siding and replace with wood clapboard. • Remove aluminum window screens. • Replace aluminum blinds with appropriate window treatments. 17 • Replace shingled roof with metal roof. • To conserve energy, seal all windows and sheet -rock all interior walls. • Install hardwood floors. • Stain door and window facings. • Use appropriate light fixtures (no "bulls eye" fixtures). • Add appropriate restroom facilities • Install air conditioning and heating appropriate to selected use. • Modify the kitchen to support catering rather than major food preparation. • Add a dumb waiter in the kitchen to move food and/or equipment between floors. • Ensure that parking is unobtrusive, sufficient to meet needs and, if necessary, augmented by negotiating use of parking in current or projected lots nearby. • Consider the front porch and garage usable space; modify accordingly. Closing Thoughts It has been a pleasure and privilege to contribute to the Wynne Home project. I wish to express appreciation to Linda Pease for the materials, insights and support that she provided throughout the public input period. Her capable assistance was invaluable and ensured that the process ran smoothly. The City of Huntsville is renowned for its cultural heritage, civic pride, and gracious hospitality. Having experienced it firsthand, I can assure you that the reputation is richly deserved. Thank you for welcoming me into your community. 18 City of Huntsville: Wynne House Project September 1, 1999 Fact Sheet Item Notes/Details Gift Deed (12/30/98) • Grantor: Ruth W. Hollinshead Trust • In memory of her parents, Gibbs Adair and Lela Mae Wynne • "Undivided 'A interest" to Huntsville • 1/1/2018 deadline Primary Intended Use • As a cultural activities center, including the encouragement, promotion, improvement and application of the arts, and • For historical preservation projects or activities. Other Approved Uses • May use the property for meetings of civic organizations, receptions, banquets, recitals, and similar activities. • Administrative offices may be located in the structure for care and maintenance of the facility. Architectural Audit (6/1/99) • By TAO Limited Architectural Services • Wooden structure = high upkeep over time • Key labor strategy: Reconstruction Corps • Year 1 ($165k)—drainage, exterior, partial interior • Year 2 ($137k)—ground floor, parking • Year 3 ($74k)—second floor, siding Comprehensive Plan (1989) Project supports the following Plan goals: • Goal 5: Preserve and protect the central business district by encouraging the development of an integrated, economically viable downtown reflective of its historical, cultural and educational background. • Goal 6: Provide support and facilities to individuals and groups sponsoring cultural activities within the community. • Goal 8: Support efforts aimed at historical preservation and protection of valuable historical sites or structures Item Notes/Details Huntsville 2020: The Cultural Plan (10/92) Children consistently mentioned as priority target audience. Project is consistent with Tong-range ideas: • Fill gaps in the museum menu, e.g., hands- on children's museum, local history museum (p. 22) • Low rent "gallery district" (p. 23) to attract, nurture resident artists • Provide performance/gallery space for students as well as seminars ... (p. 29) Written survey results: • 26% of respondents indicated the need for civic and club meeting rooms • 17% hobby/craft workspace • 14% exhibition/gallery space Description of public forum process (p. 81) • Taped record of proceedings • 5-minute rule for each speaker • Sign in sheet • Written remarks encouraged for those who chose not to speak • Note: Minorities underrepresented Huntsville Arts Commission Arts Proposal Application Pkg (10/1/99 — 8/15/00) • For local 501 cis; rarely, individuals. • No project maximum stipulated? • Evaluation criteria described Package also includes award agreement form, administrative requirements Meadows Foundation Meeting (5/6/99) Critical success factors: • Be inclusive; get broad community support (by soliciting input, overcommunicating) • Know how the house will be used. Optimally, should change the community. • Renovate to the planned use Other relevant comments: • Grounds, parks are important. • Encourage collaborative efforts ir? te�rloAfI is� To: Gene Pipes, City Manager From: J. D. Schindler, Director of General Services Date: January 3, 2000 Subject: Wynne Home Repairs This Memo is to advise Council of the physical work and repairs that are planned for the Wynne Home in the next few months. The following items are needed to secure and safeguard the Wynne Home until renovation begins. This will not change the structure or affect any future plans for the building. 1. Establish a contract with TAO Limited for the preparation of a site drainage plan for the Wynne Home for an amount not to exceed $4,750. This would include detail plans for a drainage system for the site plus plans, specifications, and oversight for replacement of the existing guttering for proper drainage from the roof to the drainage system. 2. Obtain bids and contract for the work necessary to level and stabilize the Wynne Home. The estimated cost for this work is $5,000. 3. Obtain bids and contract for new temporary electrical service. Security lights and construction circuits will be wired to this temporary installation. All existing wiring will be disconnected from the house to eliminate the potential of electrical fires. The estimated cost for this work is $2,500. 4. Obtain bids and contract for the installation of a smoke alarm system with monitoring and an outside audible alarm. The installation cost of this is estimated at $2,500 The total estimated expenditures of $14,750 for this work were budgeted in the '99-'00 Capital Improvements for renovations to the Wynne Home. ($90,720) PRESENTED TO COUNCIL CITY OF HUNTSVILLE: WYNNE HOUSE PROJECT Huntsville, Texas September 1, 1999 Agenda I. Welcome and Introductions II. Meeting Objectives • Shared Understanding • Preliminary Action Planning • Decision -Making Criteria • Other? (specify) III. Quick Review of the Wynne House Project IV. "Public Input Phase" Defined • What do we want to accomplish? What are our expected outcomes? • Consensus on best process and timetable • Deliverable(s) V. Develop Screening/Decision-Making Criteria • Grantor's wishes re: primary, ancillary uses " .. use as a cultural activities center, including the encouragement, promotion, improvement, and application of the arts, and for historical preservation projects or activities. Additionally, the Grantee may use the property for meetings of civic organizations, receptions, banquets, recitals, and similar activities. Administrative offices may be located in the structure for care and maintenance of the facility." • Brainstorming session: possible evaluation criteria • Identify "musts" (mandatory requirements) • Identify and weight "wants" (desirable characteristics) VI. Next Steps VII. Adjourn INVOICE Date: June 7, 1999 Number: 99-02-2 To: Mr. Gene Pipes City of Huntsville P.O. 389 Huntsville, Texas 77342-0389 Description: Architectural Services to develop the Architectural Audit for the Wynne House, as outlined in our Proposal of March 26, 1999. We look forward to working with you on this renovation. If you have any questions, please contact our office at (409) 438-8605. Total now due: James M. Turner, President $5,000.00 AUIMQAWZATIOK FOR PAYMENT Code: P.O. # 101- Lig- 51oto TAO Limited Architectural Services 1207 University Avenue Huntsville, Texas 77340 TEL: (409) 438-8605 Summary ■■•uuu11 Wynne House City of Huntsville, Texas June 1, 1999 TAO Limited Architectural Services 1207 University Avenue Huntsville, TX 77340 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Introduction This Audit was conducted in April and May, 1999. Focusing on the existing condition of the Wynne House, this audit examined the house from the foundation to the roof. A digital model was created to coordinate the compilation of information about the house. Numerous onsite inspections were conducted to gather information. This audit is the synthesis of our collective professional judgment concerning the condition of the Wynne House. This is combined with analysis and recommendations to correct the problems encountered. While this Audit was conducted with care by experienced professionals, we make no warranty it discloses every defect. The Wynne House has witnessed four major spurts of construction activity. The original structure was likely built in the 1890's. The photo on the last page with the credits shows the Wynne House in approximately 1905. With a simple L shape plan, the house shows touches of the wood craftsman style of the period. Artifacts from these previous eras remain to this day in the basement and attic. Approximately 1910, the house underwent a major transformation into a Greek Revival residence. This is the time that the large white classical columns and the extensive porch were constructed. In the late 1920's, the house was again renovated by adding bathrooms. The last major constructions was likely in the 1950's. TAO Limited Architectural Services '20'University Avenue Huntsvllk.Texes maw TEL: (409) 438-8605 The Wynne House Huntsville, Texas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Analysis: The Wynne House has been a distinctive Huntsville landmark for over one hundred years. Sited on the major East - West street in the city, the house commands the crest of one of the approaches to town. The large white classical columns framing generous porches on two levels make a strong image. The house is currently in remarkably good condition. Like most wooden structures it shall always require a great deal of maintenance. All structures in Southeast Texas, the house must also handle the large volume of rain water typical in our area and needs attention to correct current deficiencies. The house also requires a great deal of cleaning and cosmetic care. The labor required to make the Wynne House suitable for occupancy is immense. Wooden structures have many virtues but require constant maintenance and the Wynne House is no exception. Our audit revels a basically sound structure that is in need of an abundance of attention. Due to the unique position of the City of Huntsville, opportunities exist to make use of below market rate labor to work on the Wynne House and to assist youth at risk. People that are in need of learning a skill to become productive members of society often end up with our neighbor Gulf Coast Trades Center. The Wynne House offers them the opportunity to participate in a high profile project. A Reconstruction Corps comprised of craftsmen of Huntsville partnered with the Gulf Coast Trades Center students can blend resources to make the Wynne House a showcase. The following page outlines a schedule and budget. This is a summary please refer to the entire Audit for a greater level of detail. TAO Limited Architectural Services 1207 University Avenue Huntsville, Texas 77340 TEL: (409) 438-8605 The Wynne House Huntsville, Texas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Schedule Interim Significant funding for this renovation must wait for the new budget year for the City of Huntsville which starts October 1. Due to timing constraints for the City of Huntsville's budget cycle, this audit did not examine Site Drainage. During this period, expanding the scope of the Audit is needed to include Site Drainage Design. This would include a system to rework the existing guttering system, bring rainwater down off the roof, and connect to a system for removal that eliminates erosion. The expense of this would be less than $3,000.00 and can be completed prior to September 1, 1999. Stage One The first stage is to correct site drainage, adjust and level foundation piers, new electrical panel box, install plumbing for handicapped accessible restroom, rebuild the gutter and soffit, provide a new roof, air conditioning and storm windows. This stage renovates the interior finishes for the entry hall, living room, and bathrooms. Total $165,000.00 Stage Two The second stage completes the ground floor renovation including parlor, dining room and kitchen and rebuilding of the roof of the porte cochere. Parking and site improvements are to be addressed as a part of Stage Two. Total $137,000.00 Stage Three The third stage replaces the siding, adds wall insulation and completes the renovation of the second floor. Total $74,000.00 * Each stage would require one year to execute. The diligence of a construction manager, who monitors the Wynne House on a consistent basis, is required to insure that this renovation is conducted properly. The selection of this conservator for the Wynne House is one of the most critical decisions to be made. TAO Limited H, Avenue7The Wynne House Architectural Services TEL: (409)438-8605 Huntsville, Texas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The repair and renovation of the Wynne House shall require a substantial commitment by the City of Huntsville on a continuing basis. This audit highlights the building needs, assigns their relative priorities, and provides preliminary budget estimates for the most crucial items. The total cost of building ownership is ongoing and over a period of years many times the initial construction amount. The path is clear. As cultural custodians of Huntsville, the City has a rare opportunity to marshal the resources to protect these building assets. TAO Limited 1207HuntsvillUnive, TexersiastyAvenue77340 The Wynne House Architectural Services TEL: (409) 438-8605 Huntsville, Texas Credits This audit is the cooperative effort of James M. Turner, True E. Cousins, Robert McCaffety, and many others. Collectively, this team has over seventy-five years experience in building construction. This Audit is our collective professional insights investigating, analyzjng, and making recommendations for the Wynne House for the City of Huntsville. The members of the Audit team wish to thank all of the people who assisted with this task. Special thanks are given to James Patton for his assistance with this Audit. Everyone was candid, cheerful, and most helpful. James M. Turner has over twenty years experience providing architectural, interior design, and construction management services. He has State of Texas licenses in both Architecture and Interior design. Mr. Turner has a wide range of experience working with various sized organizations. True E. Cousins is certified both as a Professional Engineer and for Refrigerant Transitions and Recovery. He has extensive experience with roofing evaluations. Having served as Director for the Texas Association of Physical Plant Administrators, Mr. Cousins has first hand maintenance knowledge. Robert McCaffety has been involved in the electrical field for twenty-five years. He does both commercial and residential wiring and design. Mr. McCaffety received his Master License in Conroe Texas in 1981, Huntsville in 1984. TAO Limited Hunbv1121:17 TrutaYAvenu.77340 Architectural Services TEL (409)438-8805 The Wynne House Huntsville, Texas TAO Limited Architectural 8.Mcos 1207 University Avenue Huntsville, Texas 77340 TEL: (409) 438-8605 FAX: (409) 438-8608 WYNNE HOUSE The Wynne House on llth Street was the site of the organizing meeting of the local Daughter of the American Revolution in 1916. In 1936, Mae Wynne McFarland (who was raised in the house), organized the local chapter of the Daughters of the Republic of Texas. This house is a very historic site. The deed states that the house shall be used for preservation of arts and history. Several feel it would be an excellent branch library. The downstairs could house the Genealogy Texanna Local History collection. The upstairs could be used for meeting, an art gallery, etc. This would preserve history. AUTHORIZATION FOR PAYMENT Vendor Number PAY TO: Kit and Caboodle Mini Warehouses 209 Highway 75N Huntsville, Texas 77340 Program AMOUNT: $ 150.00 FUND: DATE: May 14, 1999 The abou-'- " i _u 941' 4AAAA-) 91644 Superviso. ►mmendation for payment is made by the undersigned: Director Invoice Number Explanation Account Number Net Invoice Amount Invoice for May 101-44-57620 $ 150.00 Total $ 150.00 The abou-'- " i _u 941' 4AAAA-) 91644 Superviso. ►mmendation for payment is made by the undersigned: Director INVOICE Date: May 3, 1999 Number: 99-02-1 To: Mr. Gene Pipes City of Huntsville P.O. 389 Huntsville, Texas 77342-0389 Description: Architectural Services to develop the As Built Drawings for the Wynne House, as outlined in our Proposal of March 26, 1999. We are now proceeding with the next step, The Architectural Audit. We look forward to working with you on this renovation. If you have any questions, please contact our office at (409) 438-8605. Total now due: James M. Turner, President $1,500.00 I AAUTORI7,ATI01 FQR PAYMEUT Code: P.O. # 54-11 Divi ApprovaVDate TAO Limited Architectural Services 1207 University Avenue Huntsville, Texas 77340 TEL: (409) 438-8605 WALKER COUNTY HARDWARE, INC. HARDWARE - SPORTING GOODS 1006 - 11th Street Phone (409) 295-7751 P. O. Box 1086 77342-1086 Sold to i f Hunt y ille, Texas 77340, f._ r' 19_ Address Pur. Order No. QUANTITY DESCRIPTION UNIT PRICE TOTAL ,, I ( 4: i \ 1 °, i , V AuTM,.e„ o, giaQa dr Gods: P.Q. 0 101--.--57izo Ar n !0 :r... •". ion r r.. -.''SV • ate Dag AnprovaI/Date LUT -4..L..-- 41111-12---1 k ./ r _, J MART FORMS It SERVICES - AUSTIN. TX 78766-9460 tNA ADDRESS SECURITY LOCKSMITH Tax/Vendor #2-460-44-8513-6 1220 12th Street HUNTSVILLE, TEXAS 77340 (409) 291-1091 1) 7E -g, RES. PHONE LOCATION QTY. DESCRIPTION BUS, PHONE PRICE AMOUNT / Si ° CUSTOMER'S v SIGNATURE A AUTHORIZATION FOR SECURITY/EMERGENCY SERVICES hereby certify that I have the authority to order the lock, key or security work designated above. Further, I agree to absolve the locksmith who bears this au - or ation from any and all claims arising from the performance of such work. IG U DE IF AUTO DATE YEAR MAKE LICENSE/SERIAL NUMBER TOTAL MATERIALS TOTAL LABOR LJ SERVICE CHG. TRIP CHG. SUBTOTAL TAX TOTAL 17582 PRODUCT 6193 WORK ORDER INVOICE