The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1882-03-22
The Lease of Il Public Park.

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lease of the San Pedro park, approved by the
city council at its meeting last night. 1t stands
alone, in the whole history of municipal gov
ernments of this continent, as the first and only
instance where city council has deliberately
leased public park toa private individual to
be used by him for any purpose he sees fit.
Had they leased Commerce street it would not
be any greater violation of the rights of the
citizen.
We ask our readers to read this lease over,
because we regard it as an outrage upon the
people and deception practiced upon the gen.
tleman to whom it has been leased. While we
believe the lease will not stand the test of law
we at the same time do not acquit a mayor and
city council who become parties to transac-
ton that is so Objectionable in every particu-
lar. The city should not surrender its control
over its parks and streets in the least particu-
lar, and has no right to grant a monopoly to
any single individual to control public dedi-
cation to his own profit.
They have exceeded their power in trying
to fasten an arrangement upon the public to
last until 1890. Had they only leased the pri-
vleges by the year it would have been less
Objectionable, but we can see abundant trouble
about this matter in the future.
This identure made and entered into on this
the - day OF -, one thousand eight
hundred and eighty-two, between the City of
hNI0
SAID county and state, acting herein by and
through its mayor. James II. French, party of
the first part, and Fred Kerble, party, of the
second part witnesseth:
That the said party of the first part for and
in consideration OF the covenants and agree
ments hereinafter mentioned, to be kept and
performed by the said party OF the second part,
his executors, administrators and assigns, has
demised and leased to the said party Of the
second part all those premises lying and be-
ing situated within the corporate limits of the
SAID city of San Antonio and Bexar county,
known as the ''San Pedro Springs Reserve"
To have and to hold the said above describ-
ed premises unto the said party of the second
part, his heirs, executors, administrators and
assigns, from the 3lst day OF March, A. D.,
1884, for and during and until the 3Ist day Of
March, A. D., 1890, under the terms and
| conditions herein after stipulated.
And the said party Of the second part, in
consideration of the leasing of the premises
aforesaid by the said party of the first part, to
the said party of the second part, does conven-
ant and agree with the said party of the first
part, and his successors:
Ton lose the entire premises with fence
Of the same style and material as thar used on
the west or Flores street, side, and keep the
same nicely whitewashed;
To tear down the southwest corner of the
present pavilion and erect theraon new
pavilion of modern style, and to keep the
same painted;
TO construct gravel walks over the entire
premises, wherever the lessee may think
proper, and to maintain the same in good Or
der and condition during the period of his
lease.
To tear down the old adobe wall on the
north side of the premises, and to lay out
carriage drive, and to construct a good and
substantial bridge across the ditch, and Law
out carriage drive on the west side of the
park and creek;
10 protect the roots of all trees on said
premises by filling in around the same with
rich, fertile soil;
To remove the dead and decayed timber
and trees and replace the same with hardy,
permanent shade and ornamental trees, where
it may be needed;
TO set out and to cause to grow at least 900
additional shade and ornamental trees, and to
keep all trees nicely and neatly trimmed.
To remove and clear away all brush, and
keep the premises clean from weeds;
To clean and keep from filling up and free
from filth, and the springs and streams, lakes
and ponds OH said premises;
TO erect and keep in good repair, neat and
substantial bridges and crossings over the sew
eral outlets from the springs, where the same
may be needed.
1t is further understood and agreed, that the
improvements and works contemplated by the
terms Of the agreement, are to be made in
accordance with the directions Of the said city
council and the said Fred Kerble and to be
completed within two years from the date
hereof.
1t is further understood that proper gates or
openings shall be constructed and maintained,
to give the public access to said park and the
waters of said springs, though the said party
of the second part shall have the right to pre-
vent any cattle, horse, sheep, goat, hog, mutt
ton, ass or any other animal from running at
large thereon.
1t is further understood and agreed, that
said park shall be at all times open to the free
and unobstructed use and enjoyment of The
public and may be used for private and public
festivities; but that the said party of the sec
ond part shall have the exclusive right to sell
refreshments, or carry on any other business
IN said park not prohibited by the charter and
ordinances of the city, or laws of the state; and
the said party of the second part further cove
IA 81 4 r II