By: Watson S.B. No. 1023
(In the Senate - Filed March 4, 2013; March 12, 2013, read
first time and referred to Committee on Administration;
April 3, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 0; April 3, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1023 By: Uresti
A BILL TO BE ENTITLED
AN ACT
relating to the renewal and extension and modification of a 99-year
lease of certain state property to the City of Austin.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 34 (H.B. 215), General Laws, Acts of the
33rd Legislature, Regular Session, 1913, is amended by amending
Section 2 and adding Sections 2A and 2B to read as follows:
Sec. 2. That the State of Texas hereby cedes and grants to
the City of Austin the plot or square of land described in Section 1
of the Act for a period of ninety-nine years beginning on August 15,
2016, [from the taking effect hereof] and said City through its
municipal authorities, be and the same is hereby authorized and
empowered to:
(1) establish, operate and maintain upon the land
described by Section 1 of this Act [said block bounded on the North
by Fifth street, on the south by Fourth street, on the East by
Guadalupe street, and on the West by San Antonio street,] a
municipal auditorium and market, in which auditorium, theatres,
operas, concerts, lectures, fairs, shows and public exhibitions and
entertainments generally can be conducted with or without pay; and
in this market all kinds of produce may be bought and sold either in
the open square or in a market house constructed thereon; and
(2) construct, operate, and maintain public amenities
on the land described by Section 1 of this Act.
Sec. 2A. (a) Subject to Section 2B of this Act, the State
of Texas grants to the City of Austin for a period of 99 years
beginning on August 15, 2016, a lease of the property described as
follows:
(1) Tract 1. Wooldridge Park. The northwest Public
Square now known as Wooldridge Park, bounded on the north by
Mulberry Street (now W. 10th Street), on the east by Guadalupe
Street, on the south by Ash Street (now W. 9th Street), and on the
west by San Antonio Street, and being 276 feet square, as delineated
on the map titled "Plan of the City of Austin 1840" filed in the
General Land Office; and
(2) Tract 2. Brush Park. The southeast Public Square
now known as Brush Park, bounded on the north by Pine Street (now E.
5th Street), on the east by Neches Street, on the south by Cedar
Street (now E. 4th Street), and on the west by Trinity Street, and
being 276 feet square as delineated on the map titled "Plan of the
City of Austin 1840" filed in the General Land Office.
(b) Except as provided by Subsection (c) of this section,
the City of Austin may only use the tracts described by Subsection
(a) of this section as municipal parks in which:
(1) theatres, operas, concerts, lectures, fairs,
shows, and public exhibitions and entertainments generally can be
conducted with or without pay; and
(2) produce may be bought and sold.
(c) The City of Austin may construct, operate, and maintain
public amenities on the tracts described by Subsection (a) of this
section.
Sec. 2B. (a) The[; provided, however, that the] state does
not by this Act part with any title, color of title or interest
which it now owns in the property described in this Act [bill],
except as granted herein.
(b) In the event, however, the City of Austin should fail to
use the property [plot of land] described in Section 1 or 2A(a)(1)
or (2) of this Act [herein] for the purpose or purposes designated,
that property [the same] shall revert to the State as upon breach of
condition subsequent.
SECTION 2. This Act takes effect August 15, 2016.
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