 | Board of Visitors minutes December 2, 1907 |  |
Regulations.
I. Every student shall be required to register with the
Dean of his Department on the first week-day after the Christmas
Recess between the hours of nine A. M. and two P. M.
II. Any student, delinquent under Section I, shall have
his name dropped from the rolls of his classes until further
orders from the Dean.
III. Such student may again be registered by the Dean, and
restored to his position in his classes upon payment to the
Bursar of the delayed registration fee of $3.00.
IV. In case the delay in the student's return from the
Christmas vacation is due to illness, or other like providential
cause, the Dean is authorized to remit the fee and excuse
the absence.
V. In every other case the absences due to delayed return
shall be recorded as unexcused absences; shall be so reported
to the parent or guardian of the student, and shall be
given serious adverse weight in considering the fitness of the
student for graduation.
A student of the College who attains in any course a grade
below 75 per cent, but not below 65 per cent, may upon the
written recommendation of the professor in charge be admitted
by the Faculty at their final meeting in June to re-examination
upon that course during the Registration week of the following
September.
The fee for each re-examination shall be five ($5.00) payable
to the Bursar of the University, and this fee shall be in
no case returnable. The Dean of the College will at once notify
each student admitted to re-examination and the fee for the same
shall be paid to the Bursar on or before the 15th of July.
Should the student fail to deposit this fee with the Bursar in
due time or fail to attend upon the examination, the permit for
re-examination is void.
A student who fails to sustain himself either in the original
examination or in the re-examination upon any course
elected, shall upon re-admission be required to attend lectures
a second time upon that course and pass the regular examinations
thereon, unless excused by special vote of the Faculty.
An official schedule of the September examinations shall
be prepared and issued by the Dean to all candidates registered
for such examinations not later than the first of August.
The Dean shall furnish to the members of the Academic Faculty
concerned, not later than September 1, a list of the candidates
entitled to re-examination,—together with the official
schedule of the examinations.
Resolved: That Mr. W. H. White, counsel for the University
of Virginia in the contest over the will of Edward W.
James now pending in the Circuit Court of the City of Norfolk,
be and he is hereby authorized to take any steps he may deem
proper to compromise this litigation, first having obtained the
approval of the Rector, the President, and Eppa Hunton, Jr.
Resolved: That the compromise of the bequest to Miss
Mary Archer Hooper of $20,000 of Virginia Century bonds under
the will of Edward James at $12,500. cash, be and the same
is hereby ratified and approved.
Resolved: That Mr. John B. Moon be continued as General
Counsel of Board, at a salary of $750.00 per annum, and his
necessary expenses in connection with the legal business of
the University, not to exceed $250.00 per annum.
Resolved: That the sum of Seven Hundred Fifty ($750.00)
Dollars be appropriated annually, to be placed to the credit
of the President, and to be used by him in such necessary entertainment
of distinguished visitors to the University, and
in such necessary local entertaining as he may consider helpful
to the best interests of the University.
Resolved That the request of Dr. J. W. Mallet, that
upon his withdrawal from active service as professor, he may
continue to remain in his present residence, he paying $300.00
per annum rent therefor, be granted. The Board regrets that
it feels constrained to require rent to be paid therefor.
Resolved That the recommendation of the Faculty with
regard to a change in the degrees of "Bachelor of Arts" and
"Master of Arts" be laid on the table for final action at the
next meeting of the Board at the University, with the request
that members of the Faculty opposing the change then appear
and present their views on the subject.
Resolved: That the resignation of Dr. Charles S. Venable,
as Clinical Instructor in Skin Diseases, (sent to the
President) be accepted.
Resolved: That the Rector appoint a committee of three
from this Board, with authority and instructions to engage
the services of an expert accountant for the purpose of inaugurating
and installing what may be determined to be the
best system of accounting for the purposes of this University.
Visitors Craddock, Harmon & the President.
Resolved: That the Finance Committee be authorized and
instructed to invest the following funds of the University
in such securities as they may deem proper, to be deposited
with the Virginia Trust Company, to be held with the other
securities of the University:
a. Carter bequest, $10,000.00 now on deposit in the
Peoples' National Bank, Charlottesville, Va., evidenced by
certificate bearing three per cent. interest, payable January
3, 1908.
b. Leterman Company bond, $1,000.00 maturing January 1,
1908.
c. One Thousand Dollars of Birely Scholarship, now with
current funds of the University.
Resolved That the Finance Committee be authorized to
loan such of the Virginia three per cent. bonds which may be
held by this University and the $48,000.00 bonds of the City
of Roanoke, Va., owned by the University, or such part thereof
as it may determine, to one or more National Banks, provided
such Bank has a combined capital and surplus exceeding
$500,000.00, located within the State of Virginia, upon the
following terms and conditions:
a. The said bank is to pay to the University of Virginia
interest at a rate not less than one and one fourth per cent.
(1 1/4 %) per annum, payable semi-annually, January and July
1st, for such time as the said bonds may remain on deposit
with them, and, in addition, the said bank is to pay interest
on these bonds when and as paid by the State of Virginia and
the City of Roanoke, Va.
b. The said bank is to bind itself to return any or all
of the bonds on thirty days' notice and demand from either the
Rector or Chairman of the Finance Committee of this Board; the
bank having the like privilege of returning the bonds to the
University of Virginia upon thirty days' notice.
c. A formal receipt for the bonds upon the conditions
named in the preceeding clauses, describing in detail the
bonds, is to be furnished by the said bank, signed by its
President and Cashier, with an attested copy of Resolution
of its Board of Directors authorizing the transaction.
d. In addition, the said bank is to furnish a bond in
some acceptable guaranty company of not less than one million
($1,000,000.00) dollars capital, for the full amount of the
bonds so loaned, indemnifying the University against any loss
that it may sustain by reason of loan of said bonds.
e. The receipt as above described to be given by the
Bank, together with indemnifying bond, are to be deposited
with The Virginia Trust Company of Richmond, Virginia, with
authority to collect interest in accordance with the agreement,
rendering an account, as is not done, upon stated periods,
to the Bursar of the University.
f. A copy of this Resolution is to be filed with the
Virginia Trust Company as its authority for turning over to
the Finance Committee the bonds herein described and doing
such further acts as may be necessary on its part for the
consummation of the agreement herein authorized.
g. Any receipts and guarantee bonds taken in connection
with this transaction shall be approved as to form by the attorney
for the Board.
Recorded Vote:
| Mr. Harmon, | aye. |
| Mr. Moore, | aye, |
| Mr. Norton, | aye, |
| Mr. Craddock, | aye, |
| Mr. Hunton, | aye, |
| The Rector, | No. |
| 5 ayes, | 1 No. |
The following Report of the special committee on lease
of University grounds to professors and fraternities, was received,
adopted, and ordered to be spread on the minutes:To
the Rector and Visitors of the University of Virginia
The undersigned Committee of the Visitors and Faculty,
to whom were referred the applications of certain professors,
and of certain fraternities for leave to erect buildings on
the grounds of the University of Virginia, respectfully re-
port
(1st) The services of a competent landscape architect
should be secured to make a proper plan of the grounds that
may be used for the purposes of such buildings, and all improvements
should be made in accordance with such plans.
The applications from professors have generally been
with reference to lots to be selected in the vicinity of Dr.
Whitehead's residence, and the applications from the student
fraternities have been with reference to locations on Carr's
Hill. Especially with reference to Carr's Hill it seems important
that the natural beauties of the location should be
considered and preserved, and no buildings should be erected
there until the style of architecture is approved, and to that
end the assistance of a consulting architect should be obtained
in all instances.
(2nd) Your committee returns herewith and recommends
the adoption of the form of a lease for professors houses and
also the plan proposed under which fraternity houses may be
erected.
(signed) D. Harmon, Chairman.
J. K. M. Norton,
William M. Thornton,
W. A. Lambeth.
Resolved: That the Rector be authorized to execute in
the name and on behalf of the Rector and Visitors of the University
of Virginia, leases to such professor or professors
as may desire the same, of ground not to exceed two acres,
upon which to erect residences as follows. In all cases,
however, the location and plans of the building or buildings
to be approved by the President and the Chairman of the Executive
Committee before the making of such lease.
I. This agreement made this day of between
the Rector and Visitors of the University of Virginia, a corporation,
hereinafter styled the lessor, party of the first
part, and hereinafter styled the
lessee, party of the second part:
Whereas the lessee is a professor at the said University,
holding his appointment as such under the lessor, and it is
desirable in view of his employment that he should be enabled
to provide himself a place of residence at the said University,
Now, therefore, this agreement witnesseth:
First. That the said lessee doth lease for the term of
fifty (50) years, commencing on the day of
A. D., all that lot or parcel of land owned by the said lessor
in Albemarle County, Virginia, bounded and described as follows:
(here insert location and description). And the said
lessor reserves as rent for the said land, as long as the same
for, the sum of Twenty-five Dollars ($25.00) per annum, payable
at the end of each year. But should the said property
cease to be occupied by the said lessee or his widow, then at
the end of five years from the commencement of this lease, and
also after the expiration of each period of five years thereafter,
during the continuance of the lease, the rent reserved
and to be paid for the said ground, shall be fixed by the agreement
of the said lessor, and the said lessee, or such person or
persons as shall stand in the place of and succeed to any of
the rights of the said lessee under this agreement, or if they
cannot agree, then the said rent shall be ascertained and determined
by three disinterested persons, to be selected, one
by the said lessor, and one by the said lessee or such person
or persons, as shall stand in the place of and succeed to any
of the rights of the lessee under this agreement, and the two
persons thus selected, shall choose a third. The annual rental,
so ascertained and fixed shall be final for the five year period
for which it is ascertained, but in no case shall the rent
be less than Twenty-five Dollars ($25.) per annum.
Second. The lessee covenants that he will within one
year from the beginning of the lease erect a dwelling house
and improvements upon the said ground, to cost not less than
$ , and in accordance with the plans annexed hereto,
Third. The lessee shall have the right to occupy the
premises so long as he continues as a professor or otherwise
in the employ of the said University, and in case of his death,
while in the employment of the said University, leaving a widow,
her life. And should the employment of the said lessee by
the University cease by reason of ill health or old age, then
the lessee, and his widow, surviving him, shall have the right
to occupy the premises during life, yielding and paying the
said rent of Twenty-five Dollars ($25) per annum.
Fourth. In the event that the lessee or his widow shall
cease to occupy the leased premises as a residence aforesaid,
then the lessor shall have the right at any time thereafter to
lease back from the lessees or such person or persons as shall
stand in the place of or succeed to any of the rights of the
lessee under this agreement, the ground aforesaid with improvements
thereon for the remainder of the term, at such annual rent
for the said improvements as may be agreed upon by the lessee and
lessor or such person or persons as may stand in the place of or
succeed to the rights of the said lessee under this agreement, or
in the event of their failure to agree upon the amount of rent
to be paid for such improvements, then the same shall be ascertained
and determined in all respects by arbitration as heretofore
provided, and as the decision and agreement of the persons
selected for the purpose as aforesaid shall be final and whether
the lessor shall or shall not have exercised its right to lease
and rent back the said ground, with improvements thereon as aforesaid,
it shall nevertheless always have the further right and
privilege after the lessee or his widow shall have ceased to
occupy the premises as aforesaid, upon giving the lessee or
such person or persons as shall stand in his place or succeed
to the rights of the lessee under this agreement, one year's
1st of September of some year, to cancel and terminate this
lease and take the improvements erected upon the leased premises
at an appraised valuation to be determined in all respects
by arbitration as hereinbefore provided; and this right to so
cancel and terminate this lease may be exercised by the lessor
any time after the same may have accrued to it; the said lessee
or such person or persons as shall stand in the place of or
succeed to the rights of the lessee under this agreement, to
have the right, however, to retain possession of the said
premises for the period of one year after the expiration of
said one year's notice, yielding and paying the rent above
provided therefor. And provided further that should the lessor
fail to exercise his right as provided for in this clause
to either lease back the improvements on said land or to take
over and purchase the said improvements, or should the said
lessee or such person or persons as shall stand in the place
or or succeed to the rights of the lessee under this agreement
fail to name an arbitrator or otherwise to fully carry
out the arbitration provided for in this clause, then, and
in either of these events, the lessee or such person or persons
as shall stand in the place of or succeed to the rights
of the lessee under this agreement, shall have the right for
a period of six months, to sell the improvements on said
leased ground, to some other person than said lessor, either
publicly or privately, in which event said improvements shall
be removed from the leased premises within a reasonable time,
to retain the ground; and should no sale of the improvements
be made as last provided for, then the lessee or such person
or persons as shall stand in the place of or succeed to the
rights of the lessee under this agreement, shall remove said
improvements within six months from the end of the period in
which he has a right to sell said improvements as last above
provided for.
Fifth. For so long as the leased premises may remain
under the control of the lessee, or such person or persons
as shall stand in the place of and succeed to any of the
rights of the said lessee under this agreement, after the
same shall cease to be occupied as a residence of himself
or his widow, as aforesaid, and subject always to the right
of the lessor, as provided in paragraph four hereof, the lessee,
or such person or persons as shall stand in the place of
and succeed to any of the rights of the said lessee under the
agreement, shall have the right by and with the consent in
writing of the lessor, to assign and sublet the leased ground
and improvements thereon, and the lessee covenants with the
lessor that no person shall ever occupy and hold the leased
premises or any part thereof, as such assignee or sublessee
without the consent in writing of the lessor first for that
purpose obtained.
Sixth, The lessee covenants to and with the lessor for
himself, his personal representatives and assigns, to pay the
rent herein mentioned or provided for.
Seventh. At the expiration of the term of this lease,
in case it shall not have been previously terminated as aforesaid,
and improvements then on the leased premises at a price to
be agreed on by the parties in interest, or if they cannot so
agree, then at an appraised value to be ascertained and fixed
by disinterested parties in the manner hereinbefore provided,
but if the lessor does not exercise its right to so purchase
such buildings and improvements, then the lessee, or such person
or persons as shall stand in the place of and succeed to
any of the rights of the lessee under this agreement, shall
have the right to sell or remove the buildings and improvements
on the said premises, as above provided, or to require
from and be granted by the lessor a renewal of this lease,
for the further term of fifty years upon the terms, conditions
and stipulations hereinbefore set forth, except that any such
renewal lease shall not itself contain a further renewal lease.
Eighth. All taxes and public demands, assessed against
the improvements on said leased premises during the continuance
of this lease, shall be paid by the lessee; but any charges
against the land covered by this lease for public improvements
of any sort, if there be any, shall be borne by the lessor.
Ninth. The said lessee covenants for himself, his personal
representatives and assigns, to comply with all sanitary
regulations that may be prescribed by the said lessor.
In testimony whereof the party of the first part has
caused its name and Corporate seal to be hereunto affixed by
its Rector and Chief Officer, and attested by its Secretary,
and the said party of the second part has hereunto affixed
his hand and seal on this _____ day of __________.
Resolved: That should Dr. R. H. Whitehead desire the
lease heretofore made with him to be changed to conform to
the foregoing form of lease, that the Rector be authorized
to execute in the name of and on behalf of the Rector and
Visitors of the University such contract as may be necessary
to supercede the former lease with him, and make the same
conform to the foregoing form.
Any of the societies or fraternities having chapters
or permanent organizations among the students of the University
which shall first be incorporated and shall present evidence
of their pecuniary ability to erect such a hall for
their own use as shall present in durability, safety and
style, an appearance in keeping with the other buildings
upon the grounds of the University, will be authorized to
erect such buildings upon the grounds of the University for
their own use, subject to the following conditions, to-wit:-
I. "Such buildings shall be of brick, covered with
metal or slate, and of such dimensions and style and according
to such plans and specifications, and on such site as
shall be approved by the President, Chairman of Executive
Committee, and Superintendent of Grounds and Buildings, and
accepted by the Visitors or their Executive Committee.
2. "No such erection shall be commenced without an express
waiver on the part of the general contractor, or contractors,
of the right to any mechanics' or builders' or
other lien, and ample guaranty against any such lien by way
of sub-contractor or furnisher of materials, it being the
express purpose of the Visitors to exclude the possibility
the buildings to be erected.
3. The Rector and Visitors will loan the fraternity corporation,
at five per cent interest, payable semi-annually,
such sum as may be agreed upon not exceeding two-thirds of the
cost of the building, to be used in part payment for the cost
of the building. The repayment of the same at the time agreed
upon to be secured by writing under seal and by a fire insurance
policy equal to the amount of the loan. The Visitors to
have the right, without being under obligation to do so, to
pay any premiums necessary to keep up such insurance. Any
such premiums so paid to be treated as an addition to the
rent for the current year.
4. The Rector and Visitors will lease to the said fraternity
corporation the site selected for the building, at an
annual ground rent of $ (a nominal sum) , such lease to be
on the conditions following, to-wit:
(a) The lease to continue until there is breach of any
one or more of the conditions hereof.
(b) The building shall be used for the purpose of a
students' chapter or fraternity house by the society erecting
the same and as lodging rooms by the individual members of such
society, exclusively.
(c) The building shall be at all times as fully subject
to inspection and visitations by the authorities of the University,
and for police purposes and the ends of discipline,
as any of the public buildings of the University.
(d) During the use and occupation of such buildings by
such society the same shall be cared for and kept in order and
and Buildings shall require at the expense of the society
which erected the same, and without charge to the University,
and such repairs shall include restoration in case of damage
or destruction by fire.
(e) In case of default for six months in the payment
of the principal of any installment of the interest of the
aforesaid loan, or in case of any default in keeping in effect
the aforesaid fire insurance, or in case of the breach
of any of the other conditions hereof, or if any such building
shall cease to be used for the aforesaid purposes of the
society by which it was originally erected or be used in a
manner not satisfactory to the Visitors, then and in either
event, after sixty days written notice given by the Secretary
of the Board, at any time after such default to any member
of said society at the University, or if no such member
can be found there, then without notice, the Visitors shall
have the right to enter upon their records the fact of such
default or breach of condition, and to require the Superintendent
of Grounds and Buildings, or such other officer or
agent of the University as may be designated by them to take
possession of the said building and site, and the same shall
become the property of the University subject to be thenceforth
applied to such purposes as the Visitors may from time
to time designate free and forever discharged from all rights
of the lessee hereunder. Provided, if the said building shall
be taken in charge in consequence of the dissolution or discontinuance
of the said society at the University, if the society
possession is so taken, or if in case of default for six
months in payment of the principal or any installment of the
interest of the aforesaid loan, the building shall have been
taken possession of by such officer of the University as the
Board of Visitors shall have designated, if the society within
two years make application to the Visitors for its restoration
to its uses, the Visitors will restore the same on the
terms and conditions hereinbefore set out, provided any sum
of money then in default is made good and satisfactory evidence
is presented of the ability of the society to perform
thereafter the obligations of this contract.
(5) Every contract in respect to such buildings shall
be made with the approval of the Executive Committee, reduced
in writing in advance, and shall be spread upon the minute
book of the Visitors.
6. Should the Board of Visitors at any time in the future,
change its views as to fraternities, and desire in any
way to recall any rights that may have been granted with reference
to fraternity houses, they shall at any time have the
right to revoke any or all such rights and take possession of
any fraternity house and revoke all rights granted in reference
thereto, upon paying for such house such price as may be
agreed upon, and upon failure to agree upon a price, the same
shall be fixed by arbitration—one arbitrator to be selected
by each party and the two so selected to choose a third arbitrator,
the decision of the arbitrators to be final. This
provision shall be substantially incorporated in every agreement.
On motion the Board adjourned, subject to call
of the Rector.
Secretary.
Rector.
| Board of Visitors minutes December 2, 1907 | |