HomeMy WebLinkAboutORD 81-EAN ORDINANCE.
Entitled an ordinance granting to South Texas State Fair, a cor-
poration, for a pibriod expiring August 29th, 1957, the exclusive
rights and privileges incident to the Charter purposes of its
organization, namely, the encouragement of agriculture and horti-
culture, for the maintenance of public fairs and the exhibition
of stock and farm products, on the property belonging to the City
of Beaumont hereinafter described, known as the City Fair Park,
under certain terms and conditions therein set forth.
BE IT ORDAINED BY THE CITY COMM SSI ON
OF THE CITY OF BEAUMONT;
S ec tion 1.
That the South Texas State Fair, a non. -profit-sharing corpo-
ration organized under and by virtue of the laws of the State of
Texas, with place of business in Beaumont, Jefferson County,Texas,
is hereby granted, for a period expiring August 29th, 1957) ex-
clusive permission to use, for the charter purposes of its
organization, namely the encouragement of agriculture and horti-
culture for the maintenance of public fairs and the exhibition of
stock and farm products, from year to year, not to exceed a total
of sixty (60) days in each year, such time to be selected by the
Fair management and which may be in one or more, but not more
than three periods,thoso certain lots, tracts or parcels of land,
more particularly known, numbered and designated as follows, to -wit:
All of Block Number Nine (9) , containing
twenty (20) lots; all of Block Number Ten (10),
containing twentysix (26) lots; all of Block
Number Eleven (11), containing twelve (12) lots;
Lots Numbered Eleven (11) to Twenty (20),both
inclusive, in Block Number Six (6); and lots Num-
bered Fourteen (14) to Twenty Six (26), both in...
clusive, in Block Number Seven (7) in and of the
Gold Hill Addition to the City of Bean wont, in
Jefferson County, Texas, as per the map or plat
of said Addition of record in the office of the
Clerk of the County Court of Jefferson County,
Texas, to which reference is here made for better
description of said property,
said property having been purchased from South Texas State Fair by
the City of Beaumont, by deed dated �23� day of 1925,
recorded in Vol. �2_ 69 page 3.24; of the Deed Records of Jefferson
County, Texas, to which reference is here made for a description
of said property; provided that the Fair shall give thirty (30)
days notice to the CityCommission of the beginning of each period
of use and the character of use intended.
SECTION II.
That the use of such property for the purposes stated shall be
subject to such reasonable rules and regulations as may from time
to time be promalizated by the City Commission of the Citv of
i.
.
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essary for the lawful purposes of said Fair, which structures shall
in all respects conform to the rules and regulations of the duly
constituted authorities 6f the City of Beaumont, and the title to
all of which structures shall, subject to the rights herein con-
ferred, forever be and remain in the municipality of the City of
Beaumont and shall be under the supervision and control of the said
municipality of the City of Beaumont, except during the periods
when said structures are used for the lawful purposes of said Fair;
said Fair, however, shall have the continual use of sufficient
space upon the said grounds and the structures erected by the Fair,
or by the Fair and the City thereon, to enable the Fair to properly
house and protect its equipment, paraphernalia and personal pro-
perty.
SECTION IV..
That said Fair shall have the right of ingress and egress to said
Park and its buildings and grounds in the manner and at times reason-
ably calculated to best subserve the lawful purposes of said Fair
and to that end and under the supervision of the municipality of
the City of Beaumont, shall have the right to construct the ne-
cessary roads and passageways.
SECTION V.
That said Fair shall have and enjoy the right and privilege of
providing for its structures and for its exhibits all necessary heat,
light, and water, together with the right of ingress and egress for
the same.
SECTION VI.
That nothing in this ordinance shall be construed as to prevent
the municipality of the City of Beaumont from having the free and
unobstructed use of the grounds and buildings erected or used by said
Fair, other than as herein otherwise provided, it being the intention
of the duly constituted authorities in enacting this ordinance to
grant to said Fair only such rights as are necessary or incident to
the operation and development of a Fair in the City of Beaumont of
proportions and magnitude which will be a credit to this section and
to the State of Texas aiding in the growth and development of the in-
dustries, the education and the wholesome amusement of the people,
in return for which the South Texas State Fair will from time to time
under the direction of its management and co-operation with the duly
constituted authorities in the City of Beaumont, make investments
and expenditures in and upon the lands, the subject matter of this
ordinance, the use of which investments and lands shall uncondition-
ally belong to the City of Beaumont, except during the time when Fair
exhibitions as herein provided for, may be in actual operation and
except to the extent that the use of said lands and buildings may be
incident to or necessary for the preservation and protection of the
property of said Fair.
SECTION VII.
That provided further, the City of Beaumont shall never exercise
any control in the management of the exhibitions, amusements and
Entertainments of said Fair other than as are incident to the exer-
cise of the Police powers of the City of Beaumont to the end that
an noaT aA nracticable the actual operation of the Fair itself shall
40
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of buildings erected in pursuance hereof shall not be construed to
grant the City the right to demolish or remove any structures placed
under its approval and by its authority except such removal or des-
truction becomes necessary for the safety or the health of the peo-
ple who may frequent said grounds.
SECTION VIII.
That the City of Beaumont shall maintain fire insurance, in com-
panies to be approved by the City Commission, upon the permanent
structures located on said grounds and in which the Fair may have
invested its funds, with loss payable to the City of Beaumont,
and all such insurance collected on losses incurred shall become
a trust fund in which said Fair shall have an interest to the extent
necessary for replacement of the lost or damaged structures, which
fund shall be expended for that purpose.
SECTION I% .
That the City of Beaumont shall open and maintain an account with
the said Fair wherein and whereby all investments made by or on be-
half of said Fair, which investments shall be of a permanent or
insurable nature, shall be accounted for and shall reflect and re-
present the insurance interest of said Fair in the improvements and
structures upon the ground referred to) and no claim by said Fair
shall ever be approved by the City Commission of the City of Beaumont
unless the same be in accordance with and in conformity to the books
of account so kept, and it is hereby made the duty of the City Tax
Collector to accept and receive and duly account for, as other public
moneys, all funds paid to him by or on behalf of said Fair, and he
shall make or cause to be made a suitable record or entry of all such
payments indicating the fund or funds in which same are carried and
the disposition thereof:
SECTION X.
That the purpose of this ordinance is in part to establish conr-
fidence in prospective investors and contributors toward improve-
ments to be erected by sai d Fair and to afford f ri ends of and stock-
holders in the Fair and those contributing thereto a due and law-
ful assurance by solemn contract with the City of Beaumont that the
investments of the Fair in the above referred to grounds in the
City of Beaumont will be respected and preserved for the accomplish-
ment of the purposes of the Fair and to provide a general public
service within and to the said City of Beaumont, and its suburbs.
SECTION XI.
That this franchise is nont-transferrable and is granted on the
strict condition that the Fair is a non profit-sharing educational
corpo, without profit or emolument to its members; and that all
funds derived from the operation of fairs and the use of said
grounds hereunder, over and above the funds necessary for and used
in placing or replacing improvements upon said grounds and in opera--
ting
perating and building upon and conducting said fairs, shall belong to
the City of Beaumont, and the Fair shall make a full annual accounting
to the City Commission.
"AMTAM HITT -
the land covered hereby, but be delivered over to the City
Commi-ssion of the City of Beaumont.
Passed and approved on his
the 4t , day of Xutft"
A. D. , 19 25.
C'Oui'4- of Jel'erson
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o ' e undersigned authority, on this day personally appeared------------------
---
_____------------
--- - - to me vs ho being by me duly sworn, on his oath de-
poses and says, at he is the________of the
BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and
fore was published in said newspaper, -such -Bublication being on the following dates:
- -- -----
-------- A. D. 19 __, and a newspaper
---copy of which is hereto at-
-----------�_ --- 7- X"-:1 _ ,-
orn to and subscribed before me, this_ _ _ _ _ _ _ _
-day of ----- ------------ - A. D. 1qp5_
------------ C 4/W C4��----
Notary Public, Jefferson unty, Texas.
Coaw of Jen, erson
r
�t to
.G
i /
the o
j+r peratidn and development'
on of a Fair in the City of Beaumont '
of
proportions and magnitude i
all which will be a credit to this sec -
?n tion and to
the State of Texas aid_
I_ ing in the growth and develop- I
at ment of the industries,
the educa-
ce tion and the wholesome amusement
�n of the people,
in return for which
El the South Texas State Fair-
from
a_ will
time to time under the direc-
t tion of its management
and co -op -
he eration with the duly constituted
authorities i
s moat, make investments of
eau-
o e undersigned authority, on this day personal r' penditures In and upon ex -
the subject -matter P the lands,
nance, the use of °f this ordi-
to me who being by m merits and Iands shall uncondition-
-- - - - - -- --------- --
---- y belongCit
in Mont, except du ing the time when I
poses and says, at he 1S the ----------- _ _ _ _ _ Beau -
d" oairrna exhibitions as herein provided tand ,
_ _ _ _ _ _ _Of tp y be in actual operation
el-ce t
(eA PId to the extent that the use II
II nc dentl to landsandbuildings may be t
BEAUMONT JOURNAL, a newspaper published in said count necessary for the
y�n- Preservation and protection s
Q property of said Fair. of the
a.
fore�was published ill said newspaper, •such publication s That Pro SECTION
Ofurthu el
Of Beaumont shall the City r•
any control i, ali never exercise
s' the exhlbticns she n)ane e
_ _ _
_ _ _
----------- _ _ _ _ _ _ _ _A. D. 19 _ _, and a newspa f tertainments museinents andten- f
of than as are iOf saiddent Fair other
ty else of the PolicePowers the exer-
;ed City of Beaumont theof the j
of o s near as practicable then actual
ch peration of the Fair itself shabe
independent of th ll
orn to and subscribed before me,
_ _ _ _ _ _ _ _ , rnont; a Clty of Beau- '
S- but this provision is not in-
tended to restrict or limit the pow- �—
thls_ _� / day i era of or City in dictating the
`U- character the location 1
-' - - - - - - - ,ek structures to
said be erected in °f on 1
ion grounds, or to limit its upon
the in and ownership of rights I
be merits but the ri ht said improve_
the character or' the locationofthe 7
to )ngs erected inof build -
the shall not be constuePursuance hereof
in
City the right to demolishraort the
£
ey, m y structures placed i
-- - - - - -i'v' excelaitpauchl and by its authority
removal e
Notary" becomes or destruction
`ltthe h necessary for. the safety or L
d frequent
ealth Of the people who ma g
r said g
e That SECTION VIII. Y I
f maintain a City of Beaumont shall
panics fire insurance, in f
Commis to be approved COp
upon the by the City
structures located PeTmanent I
and in which the - °n said grounds I
EntitleAN d an orrdinanORDINANCE .
South Texas State Fair, a carpontlnK a.
tion, for a p agco ugora•
� period expiring Au us1
29th, 1957, the exclusive rights ane
Ivileurposes ofes itsdorganization Charter
y, the encouragement of agricul-
ture and horticulture, for the
S exhibition ofmaintenance stock landfarm the
_r nets, on the property belonging
the City of Beaumont hereinafter
described, known as the City Fair
Parkdito, under: certain terms and cav-
i B$i IT ORDAINED therein set f13Yh'THE ' CITY
COMMISSION OF THE CITY
OF BEAUMONT-
That SECTION 1.
the South Texas State Fair,
organizedr under nand by ovirtue iof
the laws of the State of Texas,
ii, with place of business in Beau-
mont Jefferson County, Texas, is
hereby granted, for a period exPir-
ing August 29th, 1957, exclusive Per-
mission to use, for the charter Pur -
Doses of its organization, namely
the encouragement of agriculture
find horticulture for the main-
enance of public fairs and the ex-
ltibtion of stock and farm prod-
ucts, from year to year, not to ex-
ceed a total of sixty (60), day§�i
each year, such time to be .selected
by the Fair management and which i
may be in one or more,ut not
more than+three periods, thd6e ter- e
vested its funds, air may have in. a
to the City of Beauhnont payable a
J such Insurance collected and
■, incurred shall become a truail�fund
t . which said Fair shall have
interest to the extent neceasary fpr 1i
replacement of the lost or damages
t structures Which 1c
Pended for that fund shall be ex- 1
SECTI urp Xe.
That the C of B to
Linen an an Beaumont shall
Ir R'herein and account with eb n?
' me f nOfstsaidts airde by orµonrbey 7.
in is shall ,a which invest-
' rble nature shall anent or
ser.! a-nd shall reflect qg account-
e insurance intereit o epre 1l
Pat the _
trt{etures In the improvementsf said
to, -Ind no Pon the ground ie res
even claim b 7'
missibe In
by the Fair shall cr
ung of the Cit CtY Com_
"Pith ams be inf Beaumont 13
books of accordance e'
accoun - ra,ity to the -�
hereby made the duty o it is
Tax Collector to accept and rete
and duly account fol•, as other
lie moneys, all funds Pub_
hirn
by or on behalf of said Pub-
Paid
and he
Shall make or cause to be made. a
suitable record or entry of alI such
Payments indicating the
Lunda in fund or
Which same are carried
and the disposition thereof,
Thatthe SECTION X.
nance is ie Purpose of this ordl-
dence In Part to establish confi_'
prospectiVe investors and
contributors toward improvements
of be erected by said Fair and to
afford friends of and .stockholders
In the Fair and those contributing
thereto a due and lawful assurance
)y solemn contract with the City
If Beaumont that the investments .
Ifthe Fair in the above referred to
;rounds In the City of Beaumont "
viii be respected and preserved for
he accom lishnient of the
2 the b,1?&. �a purposes
rad Prib caervic° provide a gen_
he said Cit a within and t
., L Y of Beaumont, and Ito.
11
ue
mont, Jefferson CoufitY,",TetB(a,
hereby granted, for a period expi(
)ng August 29th, 1957, exclusive pe:
mission to use, for the charter pui
poses of its organization, name]
the encouragement of agricultui
ptt►d horticulture for the matr
tmance of public fairs and the ei
hibOon of stock and farm prof
nets, from year to year, not to ;e:
teed a total of sixty (60): dayt,1
each year, such time to be select(
by the Fair management and whit
may be In one or more, but ni
more than three periods, thdrae cei
6n lots, ,tracts or parcels of fan
particularly known, nun
.red and designated as follow
to -wit:
All of Block Number Nine (S
containing twenty (20) lots; all (
lock Number Ten (10), eontainin
tiTwenty -Six (26) lots; all 1
ek Number Eleven (11), contah
Twelve (12) lots; Lots Nun
red Eleven (11) to Twenty (20
both inclusive, in Block Number S
.(6); and lots Numbered Fourte<
(14) to Twenty -Six (26), both i
elusive, in Block Number Sev(
(7) in and of the Gold Hill Add
tion to the City of Beaumont, i
Jefferson County, Texas, as per tl
map or plat of said Addition (
record in the office of the Clerk
the County Court of Jefferac
County, Texas, to which referen(
In here made for better deseripti(
sof said property, said property hay
Ing been purchased from Sou'
Texas State Fair by the City
Beaumont, by deed dated 23rd dr
of September, 1925, recorded in V(
260, page 325, of the Deed Reeon
of Jefferson County, Texas,
which reference is here made for
dAscription of said property; pr
vided that the Fair shall give thirl
(30) days' notice to the City Con
mission of the begifining of ea(
period of use and the character
use intended.
SECTION II.
That the use of such property f(
the purposes stated shall be subje
to such reasonable rules and regi
lations as may from time to tin
be promulgated by the City Con
Wission of the City of Beaumor
(p
the exercise of the police powe
for the protection of the moral
health and safety of the con
munfty.
an
to be erected by said Fair and
afford friends of and sto( khold
In the Fair and those contribut'
thereto a due and lawful assura
by solemn contract with the C
of Beaumont that the investme
of the Fair in the above referred
grounds In the City of Beaumo
will be respected and preserved f
the accom lishment of the purpos
eralthe
pubservice within and
the said City of Beaumont, and it
suburbs.
SECTION XI.
That this franchise is non-tran'
ferable and is granted on the at
condition that the Fair is a n
profit-sharing educa;ttonal corpo
tion without profit or emolum
to its members; and that all fu
derived from the operation of fa
and the use of said grounds he
under, over and above the.fun
necessary for and used in placing
replacing improvements uponn s
grounds and in -operating and buil
Ing upon and conducting said fat
shall belong to the City of Bea
mont, and the Fair shall make
full annual accounting to the City
Commission.
SECTION XII.
That at the termination of t
franchise all of the properties a
assets of every description of a
Fair, and used upon said proper
hereunder and In connection he
With, shall become and be t
Property of the City of Beaumo_
and shall not be removed from t
land covered hereby, but be deli
ered over to the City Commissi
of the City of Beaumont.
J. AUSTIN BARNES
Passed and approved on this
4th—ofMlyavem?x (4
SECTION III. . g
That the,.permieston to,us'e grant-
'I
ed :by Sectionof thin brdinsnee,
shall include the right to erectsuch
trgctures incident to necessary si'
.or
Ithe lawful purposes of said n
Fair, which structures shall in all I s:
respects conform to the rules and 1
regulations of the duly constituted I.
authorities of the City of Beau-
o
mont, and the title to all of which
tructures shall, subject to the
r
rights herein conferred, forevef be
and remain in the municipality of
the City of Beaumont and shall be
under the supervision and control
-
of the said municipality of the City
of Beaumont, except during the
periods when said structures are
sed for the lawful purposes of said
air; said Fair, however, shall have
e continual use of sufficient space
Pon the said grounds and the
.structures erected by the Fair, or
by the Fair and the City thereon, to
enable the Fair to properly house
and protect its equipment, para-
phernalia and, personal property.
-SECTION IV,
That said Fair shall have the
right of ingress and egress to said
Park and its buildings and grounds
in the manner and at times reason-
ably calculated to best subserve the
lawful purposes of said Fair aW to
that end and under the supervision
'
of the municipality of the City of
Beaumont, shall have the right to
cokstruct the necessary roads and
passageways.
SECTION V.
That said Fair shall have and an -
Joy the right and privileges of pro-
viding for its structures and for its
exhibits all necessary heat, light,
and water, together with the right
of ingress and egress for the same.
SECTION VI.
That nothing in this ordinance
shall be construed as to prevent
the municipality of the City of
Beaumont from having the free and
unobstructed use ofthe groundsand
buildings erected or used by said
Fair other thin as herein other-
wise provided, It being the inten-
tion of the duly constituted au-
thorities in enaetin this ordinance
to grant to said Fair only such
rights as are necessary or incident