06/08/1951

UCCSN Board of Regents' Meeting Minutes
June 8-9, 1951




06-08-1951
Volume 6 - Pages 306-308

MEETING FOR OPENING OF BIDS
June 8, 1951

Chairman S. E. Ross presided at the meeting held in the Presi-
dent's office at 4:30 P.M., June 8, 1951, to open the bids for
disposal of the University trailer court units, as per notice
advertised in the local papers.

The bids were opened by the Chairman in the presence of President
Malcolm A. Love, Comptroller P. W. Hayden, Secretary to the Board
Alice Terry and Regent Roy A. Hardy.

Only one bid had been received - that from E. S. Heward offering
$52.63 each for 35 trailer units, making a total of $1,842.05.
The bid was accompanied by a certified check in the amount of
$500.

The bid was referred to the Comptroller for review, and for pres-
entation to the Board of Regents at their meeting on June 9,
1951.

EXECUTIVE COMMITTEE MEETING
June 8, 1951

The Executive Committee of the Board of Regents met in the Pres-
ident's office at 4:20 P.M., June 8, to hear a report on matters
pertaining to the Nevada Art Gallery. Present were: Regents
Hardy, Lombardi, Ross, President Love and Mr. C. H. Gorman.

Mr. Gorman reviewed the history of the Nevada Art Gallery, which
was incorporated in 1931. In 1942, the Art Gallery Board offered
certain land to the University, which property had been received
from various donors for the purpose of an Art Gallery and Gardens
in 1931.

Mr. Gorman read from Statutes of Nevada, 1943, Chapter 8, as
follows:

Assembly Bill 33
Chapter 8 - An Act authorizing and directing the Board of
Regents of the University of Nevada to accept
for and on behalf of the State of Nevada a good
and sufficient deed to certain lots or parcels
of land from the Nevada Art Gallery, Inc.,
prescribing the duties of the Board of Regents
of the University of Nevada in relation thereto,
and other matters properly relating thereto.

(Approved February 16, 1943)

WHEREAS, the Nevada Art Gallery, Inc. is possessed of certain
lots or parcels of land situated in the City of Reno which
are being held as a site for a proposed Art Gallery building
to be erected by private or public funds; and

WHEREAS, the said Nevada Art Gallery, Inc. desired to deed
this property to the State of Nevada for the use of the Uni-
versity of Nevada in connection with its Art Department; and

WHEREAS, said proposed Art Gallery would be a valuable ad-
dition to the Art Department of the University of Nevada and
of great value to the University of Nevada and to the citi-
zens of the State;

NOW, THEREFORE, the People of the State of Nevada, represent-
ed in Senate and Assembly, do enact as follows:

Section 1. The Board of Regents of the University of Nevada
is hereby authorized and directed to accept for and on behalf
of the State of Nevada a good and sufficient deed for certain
lots or parcels of land, free from all encumbrances, from the
Nevada Art Gallery, Inc., said lots or parcels of land to be
held in trust by said Board of Regents as a site for a pro-
posed Art Gallery building; provided, that nothing in this
Act shall be construed as authorizing the expenditure of any
State funds for the improvement of said lots or parcels of
land or for the erection of any building or buildings there-
on.

Section 2. This Act shall be effective upon its passage and
approval.

The powers and duties of the Board of Regents were then amended,
in conformity with the above Act, as follows, from Nevada Com-
piled Laws:

Relating to State University
7728. Powers and Duties of the Regents.

13. To accept and take in the name of the University of
Nevada by grant, gift, devise or bequest any property for
the use of the University, or of any College thereof, or of
any Professorship, Chair or scholarship therein, or for the
Library, workshops, farms, students' loan fund, or any other
purpose appropriate to the University; and such property
shall be taken, received, held, managed, invested and the
proceeds thereof used, bestowed, and applied by said Regents
for the purposes, provisions and conditions prescribed by
the respective grant, gift, devise or bequest; provided,
however, nothing in this shall be deemed to prohibit the
State of Nevada from accepting and taking by grant, gift,
devise or bequest any property for the use and benefit of
the University of Nevada.

14. To sell or lease any property granted, donated, devised
or bequeathed to the University, except property granted to
it by the United States of America; and provided, the sale
or lease of such property be not prohibited by or incon-
sistent with the provision or conditions prescribed by the
grant, gift, devise or bequest thereof; and provided further,
that any such sale or lease be approved by the Governor. The
lease shall be held, managed, invested, used, bestowed and
applied by said Regents for the purposes, provisions and con-
ditions prescribed by the original grant, gift, devise or
bequest of the property so sold or leased.

(Repeal) #2. All Acts and parts of Acts in conflict herewith
are hereby repealed. As amended, Stats. 1945, 448.

Mr. Gorman stated that the Articles of Incorporation of the
Nevada Art Gallery were recently revised by the Art Gallery
Board, approved by the Attorney General and the Governor, and
the Board of Regents of the University. The question then arose
as to whether or not the Board of Regents should approve claims
of the Nevada Art Gallery in advance of payment of those claims.
This situation might place the Regents in a position of author-
ity not provided for by the law.

The opinion of Mr. Gorman was that the joint management is speci-
fied only in the case of the building, if and when it is built.
He read, in support of his opinion, from the Court Order and
Decree of Settlement, as follows:

7.A To: The Nevada Art Gallery, Inc., a Nevada Corporation,
in trust, however, for the uses and purposes set forth
in the Last Will and Testament of the above decedent,
that is to say:

(b) The said Nevada Art Gallery, Inc., shall apply the
whole of the annual net income toward the organization
of a Gallery and Art Museum, under the joint management
and direction of the Nevada Art Gallery, Inc., and the
Board of Regents of the University of Nevada. (This is
a public-spirited programme in which my old friend, Dr.
J. E. Church, has long been interested, and I direct
that it be carried forward, as nearly as possible as
conceived by him, myself and associates.) Dr. Church,
the Latimer Art Club and others have, for this purpose,
deeded to the University of Nevada, certain property on
University Terrace, Reno, Nevada, in furtherance of this
programme.

(c) I direct that my Executor, hereinafter named, bear
in mind that my whole object is to further cultural af-
fairs, and that the Nevada Art Gallery, Inc. (later in
connection with the University of Nevada, and the Gal-
lery and Art Museum) is to further this object by using
my present residence, 643 Ralston, Street, Reno, Nevada,
and all its contents suitable for use in the advancement
of art and culture by continuing to use it, selling it,
moving it, renting it or disposing of it in any manner
they may see fit.

(d) I direct that my one and only purpose herein is for
the benefit of the public at large, and that in this
disposing of my property, its use and benefit is in no
sense to be restricted to any class of persons, insti-
tutions, or otherwise.

Thorough investigation of the deed had been made by Mr. Gorman,
both in the case of deeding property to the Nevada Art Gallery
and in deeding that same property by the Nevada Art Gallery to
the University of Nevada. He found that when the land was deeded
to the Art Gallery, the deeds contained the restriction that the
land was to revert to the original owner if it were not used for
an art gallery and museum within a reasonable length of time.
Since 20 years have now passed, a court decision might be neces-
sary to determine what would constitute a reasonable length of
time in case any of the original owners requested return of the
land. When this same land was deeded to the Board of Regents,
however, no such restrictions were included.

Referring again to item 7.A.(b) of the Court Order and Decree of
Settlement above, Mr. Gorman called attention to the fact that
only the income can be used, and that this income does not pro-
vide sufficient funds for a building.

Mr. Gorman called attention to certain improvements which were
made to the grounds of the Nevada Art Gallery without approval
of University authorities. These improvements included con-
struction of a fence by the City of Reno as protection from the
ditch (which did not need approval), planting of blackberry
shrubs on the banks of the ditch and piping from the City main
into the Art Gallery grounds.

Mr. Gorman informed the Regents that, at the last meeting of the
Nevada Art Gallery Board, he was authorized to bring this matter
before the Board of Regents. He offered whatever assistance he
could give in settling this matter.

Mr. Ross thanked Mr. Gorman for his careful report and for his
time and efforts.