630 Regular meeting of the City Council : Austin, Texas, October 09, 1913. The Council was called to order by the Mayor: Rollcall: Present Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Absent none. The minutes of the last regular and subsequent recessed meetings were read and adopted: The Mayor laid before the Council the reports of the Treasurer, the Assessor & Collector, the Auditor, the Matron of the Hospital, The City Health Officer, The Fire Marshal, The Dog Catcher7 the Chief of the Fire Dept, which were read and ordered filed. Councilman Anthony offered the following resolution: Fine E. Pitro remitted In view of the physically crippled condition of E Pitroad in consideration of the recommendation of the City Marshal , that one-half of the balance of the fine and cost owing by him in the Corporation Court of the City of Austin, Texas, be remitted; Therefore, Be it resolved by the City Council of the City of Austin : That the sum of $ 11.15 , the same being one-half of the original fine and costs amounting to $ 24.80, less $ 1.25 worked out by said E Pitro ,in cause No 8053, State of Texas vs E Pitro, be and the same is hereby remitted. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, Mayor. The Mayor laid before the Council a petition from Citizens on E 23rd street, asking that some motion be taken by the Council in reference to street, commonly known as Manor Road, which petition was read and ordered filed. The Mayor offered the following resolution: Be it resolved by the City Council of the City of Austin : Additional appro for Equalization That the sum of Ninety ($90.00) dollars , in addition to the balance of Sixty ($ 60.00) dollars available in the surplus funds in the department of Receipts, Disbursements and Accounts, be and the same is hereby appropriated out of the General Contingent fund of the City of Austin for the current year, to pay the balance due to the Board of Equalization of the City of Austin, Texas, for service rendered when sitting for equalization purposes during the year 1913. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none . Mayor Wooldridge offered the following resolution: Whereas, the City Council on sundry different occasions has authorized the Mayor of this City to execute deeds in behalf of the City for the conveyance of certain Deeds to Cemetery lots. cemetery lots or spaces of ground in what is known as the Old part of the Cemetery to the parties named below and at the prices stated below; Therefore, Be it resolved by the City Council of the City of Austin : That A P Wooldridge, Mayor of the City of Austin, be and he is hereby authorized to execute deeds of conveyance for the City of Austin, all as of the date of October the 1st, 1913, to the parties here named, and for the prices here stated, for the cemetery lots heretoforeat sundry times authorized to be sold to them by the --- Page break --- 631. • the City Council, to-wit: (1) One lot or space of ground of the area of 22 feet, to J H Mettendheimer for the price of $ 100.00. (2) One lot or space of ground of the area of 15 feet to L F Miller, for the price of $ 50.00, (3) One lot or space of ground of the area of 28 feet X 30 feet to S E Hudson for the price of $ 100.00. (4) One lot or space of ground of the area of 25 X 30 feet, to J S Johnson, for the price of $ 100.00. (5) One lot or space of ground of the area of 25 X 30 feet, to J T Robinson, for the price of $ 100.00. (6) One lot or space of ground of the area of 25 X 30 feet to Fred A Scott, for the price of $ 100.00. The resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved Mayor. Mms J B Mann Court Costs remitted The Mayor laid before the Council the following resolution: Whereas, it appears from the attached petition, with the endorsements thereon of the City Attorney, Mr J B Rector, and Mr J W Maxwell, special tax Attorney for the City of Austin, that the judgement obtained in cause No 20933, in the Dist Court of Travis County, Texas, wherein the City of Austin was plaintiff and Mrs J B Marr, defendant, the judgement rendered in said cause was void; Therefore, Be it resolved by the City Council of the City of Austin: That the cost accrued in said cause and amounting to $ 19.81 cents, be and the same are hereby remitted, as a claim against said property of the said Mrs J B Marr, her heirs and assigns. Be it further resolved: That the lien for said costs in said cause No 20933, be and is hereby discharged. The resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, A P Wooldridge, Mayor. The Council then recessed subject to call. --- Page break --- 632 October 10th 1913. The Council was called to order by the Mayor with all members present : The Mayor laid before the Council the following resolution : Be it resolved by the City Council of the City of Austin : That A P Wooldridge, Mayor of the City of Austin, Texas, be and he is hereby authorized to enter into contract for the City of Austin with the Board of Regents of the University of Texas, acting through Major Geo W Littlefield, Chairman of the Land Committee, to lease of the Board of Regents of the University of Texas ,for the period of twenty (20) years from January 1st 1914, a tract of land about 500 feet (five hundred feet )in length by about two hundred and fifteen ( 215 ) feet in depth next above the two hundred (200) foot strip belonging to the City of Austin above the dam on the east side of the Colorado River ; and in compensation for said lease to agree, in behalf of the City of Austin,to pave with Bitulithic one-half of the width of the roadway west of the University grounds in this City from 21st to 24th streets , and to receipt a bill against the University of Texas of about four hundred and twenty ($ 420.00) dollars , for paving in front of the entrance to the University on 21st street, The full particulars of this lease will be found in the same, to which reference is hereby made . Be it further resolved : That the original of said lease herein referred to be recorded in full upon the minutes of the City Council of the City of Austin,Texas. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved Mayor. The City of Austin, a municipal Corporation, existing under the laws of the State of Texas, and executing this contract by and through A P Wooldridge, Mayor, who is hereunto legally authorized by the City Council of said City, and the Board of Regents of the University of Texas, a legally constituted body under the laws of the State of Texas, and executing this contract by and through Geo W Littlefield, Chairman of the Land Committee of said Board of Regents,he being hereunto legally authorized by said Board of Regents, hereby agrees asfollows : 1. The Board of Regents of the University of Texas hereby leases unto the City of Austin for the period of twenty (20) years from and after January1st 1914, the following described tract or parcel of land situated in Travis County ,Texas, being a part of the land heretofore owned by George W Brackenridge to the University of Texas, to-wit: Beginning at a point about 200 feet southerly of the north lineof the Walsh tract of land ; thence southerly about 500 feet to the north boundary line of the corpo-rate limits of the City of Austin ; thence easterly to the west boundary line of the road or street along which runs the track of the Austin Dam & Suburban Railway Company ; thence northerly with the west boundary line of said road or street, a distance of about 500 feet ; thence westerly to the place of beginning. Lease of ground by University --- Page break --- The land hereby leased is what remains of a strip of land running southerly along the East bank of the Colorado River, the estimated distance of about 700 feet from the Welch's south boundary line, after deducting from the north end of said 700 feet a strip 50 feet in length heretofore leased by the Board of Regents of the University of Texas to Badger & Sons, and after also deducting a strip of about 150 feet in length lying south of said land leased to Badger & Sons and heretofore leased by the Board of Regents of the University of Texas to the Athletic Association of the University of Texas; it being understood however, that in calling for the east bank of the Colorado River, such bank is to be determined by its location after the construction of the dam across the Colorado river now in process of erection.This lease is made upon the condition that the land coner-veyed hereby shall be used by the City of Austin as a Park for the general public use to accommodate with the usual facilities of public parks such persons as may resort thereto for recreation rest, picnicking and other legitimate uses of a similar nature. And to the end that the park to be established by the City of Austin on said land may serve the purposes designed, this lease is made upon the further condition that the City of Austin shall improve such grounds in first class manner and lay such walks through the same as the public comfort and convenience may require and provide such means of access to the wharves along the east bank of the Colorado River as may be necessary to enable persons to approach boats kept or stopping at such wharves and to depart therefrom with reasonable comfort and convenience.And to the end that said land may be used ^only^ for the pur-poses designed, this lease is made upon the further condition that the City of Austin shall not allow any stores or other places for conducting sales to be erected or maintained on the ground.And to the end that the public may enjoy the use of the wharves that may be erected by the City of Austin or by its authority along the east bank of the Colorado River on said land without undue obstacle or burden, this lease is made upon the further condition that the wharf charges to be prescribed by the City of Austin for the use of the said wharves by the keeping, starting or landing of boats at the same shall not be exor-bitant or unreasonable. 2. That the City of Austin hereby accepts the lease of the above described land from the Board of Regents of the University of Texas, subject to the terms and conditions above stated, and agrees that the failure on its part to observe and faithfully perform any or all of the conditions above prescribed shall be cause for the forfeiture of this lease by the Board of Regents of the University of Texas upon sixty (60) days notice to be given by said Board of Regents to said City of Austin, specifying the particulars wherein said City of Austin has failed to observe or perform the conditions or any of them above stated, with the understanding that if during the sixty days the City of Austin shall comply with or perform the condition or conditions for the non- fulfillment of which the Board of Regents may make complaint and give notice, the cause or causes of forfeiture complained of and embraced in such notice shall be removed.And the recurrence of any cause of forfeiture shall be subject to the same provisions as is applicable to any original or previous cause of forfeiture. 3. In consideration of obtaining the lease of said land under the conditions above des-cribed, the City of Austin hereby agrees to pave or have paved, when such paving can be legally enforced, with first class Bitulithic pavement all that portion of Guadalupe street beginning at the south boundary line of 21st street and extending northward to the north boundary line of 24th street, together with all approaches and street crossings, --- Page break --- 634 and to be completed on or before the 1st day of April 1914, possible not later than September 1st, 1914, provided that the City in order to get the benefit of such extension of time not later than September 1, 1914, shall shall have commenced the work of paving and made substantial progress in its prosecution. And the City of Austin hereby agrees to bear the entire expense of all such paving as would be chargeable against the University of Texas if it occupied the position of a private property owner. That is to say, while the City of Austin will require of the Street Railway Company, whose tracks occupy a portion of said street, and all property owners on the west side thereof, compliance with the obligation resting upon Street Railway Companies and property owners in such circumstances, the City of Austin will assume and pay whatever portion of the expense of paving the street would be assessed against the University of Texas if it were liable for such assessment, or, if in the absence of this contract, it were called upon to pay for the same. And as a further consideration for the obtaining of said lease, the City of Austin hereby surrenders and cancels any claim or demand that it may have against the University of Texas by virtue of any work heretofore done by the City of Austin on 21st street at the intersection thereof with Guadalupe street or elsewhere on said 21st street. 4. It is agreed between the parties hereto that at the expiration of this lease, [illegible xxxx] by lapse of time or forforfeiture the City of Austin shall surrender the possession of the land covered by this lease, together with all structures and improvements placed or permitted to be placed thereon by said City of Austin, including among other things, the wharves constructed or caused to be constructed by said City of Austin, without any charges to the Board of Regents or to the University of Texas for such structures and improvements, or any of them, the understanding being that upon the surrender of the possession of said land, structures and improvements to the Board of Regents of the University of Texas the same shall become the property of the University of Texas. Executed in duplicate, on this the 10th day of October, 1913. The City of Austin, Texas, by A P Wooldridge, Mayor. Geo W Littlefield, Chairman of Building Committee of Texas State University. Chester Robinson Fine remitted Councilman Anthony offered the following resolution: In consideration of the youth of the boy, Chester Robinson, fined in the cause herein after enumerated, Be it resolved by the City Council of the City of Austin: That the balance of the fine and costs in the case of the State of Texas vs Chester Robinson, cause No 8071, and amounting to $ 11.05, in the Corporation Court of the City of Austin, Texas, be and the same is hereby remitted. The resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, The Council then adjourned. Fred C. Johnson City Clerk