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HomeMy WebLinkAboutORD 18-F10 ORD aTIANCE ENTITLED AN ORDINANCE GRANTIEG TO THE SOUTH TEXAS STATE FAIR A TEXAS CORPORATION, FOR A PERIOD OF FIVE (5) 1MRS2 THE RIGHTS AND PRIVILEGES INCIDENT TO THE CHARTER PURPOSES OF ITS ORGANIZA- TION, NAI: t Y, THE MCOURA.GE=iT OF AGRICUILTURE AIM HORTICULTURE,' FOR THE 11LINTENAITCE OF PUBLIC FAIRS AND THE EXHIBITION OF STOCK AND FARI:I PRODUCTS AND FOR PUBLIC AL1USE1l7ENTS, ON THE PROPERTY B2 - LONGING TO THE CITY OF BEL TvIONT T-711REINAFTER DESCRIBED, 1:NO1`1N AS THE CITY FAIR PARK; UNDER CERTAIN TERTUS AND CONDITIONS HEREM SEW FORTH AND REPEALING ALL ORDINANCES IN CONFLICT HERE' I U11. BE IT ORDAITTITID BY THE CITY COP,WSSION OF THE CITY OF BEAU21IONT Section 1. ` That the South Texas State Fair; a non -profit-sharing corpora- tion, under and by virtue of the laws. of the State of Texas, with its place of business in Beammont,Jefferson County, Texas; is hereby granted, for. a. period of f iv; (5) years under the terms and conditions herein set forth, the exclusive use for the encourage- ment of agriculture and horticulture; e maintenance of public fairs, the e:;ii.ibition of stock and farm products, and for public amusemep_ts those certain lots, tracts or parcels of land., more particularly known, numbered and designated as follows, to -wit FIRST TRACT: -That certain tract of land containing thirty eight 38) acres more or less lying adjoining and West of Gulf Street, opposite and Westward of Magnolia Dark; in said City, known as the City Fair Park; said property having been purchased by the City of Beaumont from W.P.H. is?cFaddin, by deed dated 23rd day of April., 1921, recorded in Volume 205, Page 382; of the Deed Re- cords of Jefferson County, Texas; to which reference is here made for a description of said property. SEC OND TRACT: All of Block No. Nine: (9) containing twen y 0 lots; all of Block No. Ten (10) containing twenty-six ( 26) lots; 911 of Block No:: Eleven. (11) con- taining twelve (12) lots; Lots numbered Eleven (11) to Twenty (20); both inclusive, in Block No. Six (6), and Lots .numbered Fourteen (14) to Twenty-six (26) , both in- clusive , in Block No. Seven (7) in and of the Gold Hill Addition to the City of Beaumont, in Jefferson County, Texas, and. the following streets and alleys; 1i m:b Street from the East side of St. Helena Street, to the West side of Gulf Street; Regent Street from the East side of St. Helena Street to the West side of Golden Lane Street., *hieh street is -also lmown on the City map as Jirou Street; Air Street •shovra on the City map as Averill Street, from Yamie Street to a line parallel with the South line of the alley runnin through Blocks Nos. Six (6) and Seven (7) of the said old Hill Addition to the City of Beaumont, Texas, and Golden Lane or Jirou Street from 11amie Street to the South line of Regent Street and. the alleys throu&_ Blocks Nine (9), Ten (10), and Eleven (11) of said Gold Hill Addition, as per the map or plat of said Addition of record In the office of the Clerk of the Co-anty Court of Jefferson Cornty_ Texas- to which reference is here s Section II / That the South Texas State Fair will annually within a sixty (60) day period in the Autumn_ of each year, for which time the ex- clusive possession of said City Fair Park is delivered to it, hold a public fair and exposition on said grounds as herein provided for; that dti- ing that period of sixty (60) days exclusive possession is delivered to the South Texas State Fair by the City of Beaumont under this arrangement; that during said time the South Texas State Fair shall have the right to close, the grounds and exclude the pub® lie from the use of and. admission to said grounds or any part thereof, except on the payment of such sums as shall be prescribed by the South Texas State Fair. Section III That the South Texas State Fair shall at its own_ cost and expense assume all necessary upkeep and repairs of all buildings and improve- ments; now used for the fair and exposition and entertainment pur- poses as above described for the entire term of this lease as well as such as may be hereinafter built or constructed under the terms of this stipulation, and in consideration thereof, shall have control of anci receive all revenue from all sources within said Fair Park during the life of this lease and_ arra2ago-hent ip.eluding all money and- income received from co"cessions ana privileges during the entire twelve �12) months in each year,' provided that no building or improve- ment shall be converted from its original -condition or character ex- cept by the consent of the City of Beaumont. Section I.V Th t all buildings 9 improvements -and appurtenances in said City Fair Park subject to dest?-action, shall be insured and kept insured- during nsuredduring the entire period of this lease contract created by the ordi- nances for a proper amount and premium thereon paid by the South Texas State Fair; that in case of loss by fire money collected on such insurance shall be collected and used by the South Texas State Fair to repair the property destroyed and damaged or shall be spent by the South Texas State Fair with the consent of the City of Beau- mont in other improvements. Section V That the use of such property for the purposes stated, shall be subject to such rules and. regulations as may from time to tite be prorn-lgated. by the City Commission of the City of Beaumont in the exercise of the police po-wer for the protection of the morals; health and safety of the community. Section VI That the permission to use granted by Section I of this ordi- nance; shall include the right to erect such structures incident to or necessary for the lawful pumoses of said Fair and for public amusements, which structures shall in all respects; conform to the rules and regulations of the duly constituted authorities of the City of Beaumont, and the title to all which structures shall, subject to the rights herein. created forever; be and. remain in the 12inicipality of the City of Beaumont. Section VII G,yep the control and naintc-Hance o- the property herein above des - u is relieving the City of E�eaun�ont of a heavy expense and that the burden of maintenance of the streets; walks, or policing of premises and the maintenance by the Fair of the structures there- on located, the title to which is it the City of Beaumont, affects a substantial saving to the City and imposes upon the Fair a corresponding burden justifies the City of Beaumont in obligating itself to share v:ith the said Fair in the maintenance of said pro- perty and it is hereby provided that the City of Beaumont shall contribute toward the maintenance of said property the sum of Thirty - Six hundred and ITo/7 00 (53600:00) Dollars, per I. year payable to s aid Fair at the rate of Three I�ndred. and. Ido/'100 k,�300,40) Dollars, per month during the five (5) years _aesLt succeedir_,, the date of ass.. of 1 ordinance and said sum of Three ousand i_r hundred and 10 100 r ;6 G.0'(�l ollars.,p?' yeas° be provided- for in the City's annual' Budget. for park maintenance, which is understood., however, that this part of this franchise and agreement is subject to this provision as long and insofar as this amount may actually be needed- by eededby the Fair Association for the purposes hereinabove stated, it be- ing mutually agreed that if the Fair Association is in such firzancial condition as to warrant them being in, a position to tua—ke care of the maintennce of Fair Park without the assistance of the City; this amount and this portion of the contract and ag•reemerrt shall becol:e null ar_d void at any period that this condition might exist during the life of this agreement. Section VIII During the period of each-Linua.l Fair, the City of Beaumont re-; serves the exclusive rights and privileges, for the use of the - Firemen of the City Fire Department, to maintain and operate the present or any future dancing pavilion erectecl by them in the Park if they are disposed t -o do so, without cost to theme; the proceeds or benefits therefrom to be turned into their Firemen's Burial Fund. Section TX The City of Beaumont also reserves the rights and privileges for the Police Department of the City of Beaumont, to use this Park and such buildings which are ordirarily used. by them for their t2.ma.1 Rodeo or other entertain4ents, the proceeds to be placed_ in their Burial Fund. . Section X Zhe. City of Beaumont reserves the rights and privileges to use and let the City Fair Park Auditorium whenever in the judgment of the City Commission. it sees fit to us e s a_me or to let same for the purpose of entertaiimient or education_ of its citizens; the city, however; guaranteeing to the Fair on such occasions; the actual expense incident to the operation of the Auditorium for the time let in order that there will be no loss sustained by the Fair Association. Section xI All parties interested in this franchise are familiar with the facts that the center of the Race Track Which is included in a part of this f:tia;nehise; as a part of the consideration for which the franchise is given, is at the present time ur.Limprove d and the coed itibn that this shall renis in im exclusive possession of and be operated by the Fair- Association, is that they will, within eighteen v the City of Beaumont. reserves the right to portion of the properties and construct an uses and purposes as they may see fit," not Charter purposes of said Fair .Association. Section XII take possession of that Athletic Field for such in conflict with the The City of Beaumont, for the purpose of assisting and keeping an accurate account of the receipts and disbursements of the South Texas State Fair in connection with the operation of the use of the properties described in this franchise; deems it e4 eclient that the South Texas State Fair shall; during each year; not later than. the --- 15th day of August' select an auditor or certified, accountant to make a com-olete audit of transactions of the Sotirth Texas State Fair and prepare an annival report of the preceding year and submit a copy of this report to the City Commission for its information' it also being understood that the books and records and all papers of the South Texas State Fair are to be open and subject to the inspection and audit of the I4udi for of the City of Beaumont if so desired by the City Commission of the City of Beaumont. Section XIII The Secretary of the South Texas State Fair shall give a bond payable to the South Texas State Fair and the City of Beaumont, in an amount which shall be fixed and determined by the South Texas State Fair, which bond may be increased or decreased.. during the term of office of said Secretary provided that said bond shall never be fixed at a lower sum than Five Thousand ($5,000.00) Dollars and said bind shall be conditioned that the said Secretary shall safely keep all moneys coming into his hap -as and. shall pay the same out only upon proper au.thority;� and shall faithfully discharge all the duties imposed. upon him under the terms of this agreement. Section XIV That no director or other , off icer of said South Texas State Fair shall receive or be allowed any compensation whatever,' save and ex- cept the Secretary of said South Texas State Fair whose compensation shall be fixed by the South Texas State Fair and which compensation may be increased or d_eminishe d or abolished by the South Texas S#ate Fair at any time during the term of such employment. Section XV That it is further mututlly understood and agreed that no officer, employee, agent or servant of the South Texas State Fair or the City of Beaumont, shall in anywise, directly or indirectly, be pecuniarly interested in any show or attraction or any other concession or enterprise which is or may be operated in the said City Fair Park for profit daring the term of this arrangement and should any such officer; agent, servant or employee be found guilt= of violation of this section, it shall be the duty of the South Texas State Fair or the City of Beaumont; as the case may be 9 to dismiss and terminate such person's relation with its service, it being understood thQt the South Texas State Fair an& the said City Commission of the City of Beaumont; each has and -reserves the right, at all times, to make suggestions to the other or either of them and, furnish information concerning the conduct of any of the employees or servants or agents or other compensated officers of the other, connected with the proper operation and conduct of the City Fair Park. Section XVI 2-6 under under this arrangement or .occuring on or in such buildings; that the said South Texas State Fair is obligated herein to mintain during any part of the year or which is the approximate result of the neglect of the South. Texas State Fair; but this provision shall not create any liability on the part of the City of Beaumont or the South Texas State Fair that would- not othenvise exist in law. Sect ion XVII That during the time of each year when the exclusive possession and use of said City Fair Park is not in the South Texas State Fbir, the City of Beaumont- shall; as it deems expedient, maintain said Park in a proper and attractive condition as a public parks provided that such occupancy by the City shall at. no time interfere with the use of said. City Fair Park by the South Texas State Fair as hereinabove stipulated' and the City of Beaumont shall not use said Park as to be in conflict with the South Texas State Fair or the uses of same as herein provided for, but -exclusive of the period that the Fair is in actual operation, there shall always be maintained; a free gate to the public for use of this park during daylight hours." Section )[VIII it is 'further rautLially -understood that during the period of the annual exposition by the South Texas State Fair, police protection shall be furnished by the City of Beaumont, it being understood that. the South Texas State Fair agrees to pay the compensation of any extra officers that may be needed for the proper protection of the South Texas State Fair and exposition; it is further understood that the City of Beaumont shall; at all times, have the right and authority to make such regulations for the exclusion of objectionable charac- ters from they grounds that it would otherviise have in the regulation of any public park belonging to the City of Beaumont. Section XIX It is further agreed and understood. that immediately upon the granting of this franchise, that the Board of Directors of said South Texas State Fair shall call such necessary meetings as will enable them to elect one member of the City Commission, to be selected by said Commission, to the Board of Directors of said South Texas State Fair as an active Director thereof. Section Tri. it is further understood that for the consideration of the sum of Three Thousand Six Hundred (z�'3, 000.00) Dollars; per year the Fair Association agrees to maintain a2l grounds and buildings in proper repairs and pay all ex-penses incident thereto with the exception of the outside lighting and water; but during the month of November, the Fair .:association will also pay the expense of the two above mentioned items. Section s T I It is further understood that at the cost of the said South. Texas State Fair and Exposition and entertainment; the said South Texas State Fair shall remove or caused to be removed-, at its cost and expense, all temporary stands and houses which in the judgment of the City Go iniss ion, are objectionable or termed advisable to be removed. So e 'U- onMKI I That he fimn-chise rights, ie-' :l'e in grafi - ed are nUnmurmn,S.f erc`a a l e `a n(l Cr e r"a '1 u, d or. the s t r -t c o i -s c i '- ' it 'he l-, r0fi Si?3.rii_g Cd?�CB,u Olid CO:i'Jc3r^ u -i oil lwi! hot Uprofiu Car emolument to its members. Sect -on =-*I! 1 ? t �31�£ r u 4'od uiicla r7i2� ��3 C) �2i1 0%! C5 U:IJ Ctii ung � '(3V_L _Lt�7y;" of this -fly ai`iCh:: oc rei?derS the esti re franci-; se n l l end +To " i. a id- viitho—au any furl;her force 2nd effec u$ That � lk o- jain�,rLoeS c nd ynr"t `i ! � 2 ;ES here-Lo1ore cgrcai'l ue(l by tulle n.� �°�, /C�.+ rjCC��� S�V1!�u-yJ�lgi /�qJ. E- �^`FJ CI."VS_ J.. I� C^"�f.i :J �Jy 'tate /a t.i {�-.�-ngvV/��.' iJ.Vy}CJ-�-_�--.gyp .a..-"��/h��J�1J of the i(ii�ales hereto 4Jo the j1C y�rC� �V_�_ �J G�.�.La-le-SV1J h re..�n 'J Y+.moi d s— cr-_Tbedy are herelby repealed ?nsof2r° as they co31flJ*LC ; 'e`',iit the ordi- nance but 1?o f� rther and- c? L pasts Hereof not in Conflict vi `Gh t-lhe o r ',li,fl nce are still im, force and effeCt. z Shed and o.:.proved_ on uYiis u=".,e 10th d -a of is"?gL1Su' A, 17. 1926. he. State o�f ,f texas 1Y the undersi neib=authority, oil this day personally appeared ------------------- e _ _ _ _ - - - - - - - s �fiefore mo; g� t, x1ne dui sworn, on h1S oath de - know to�xmo being by Y x� 9 F.y �ppses an&says, that he :iS'the_ _ - - - - - - - - - of the BEAUMONT ENTERPRISE, said county; that a copy of the within and > ] EALI ION r JOURNAL, a newspaper following dates r ? publication being on the ublished in said newspaper, such 1 tai: �foregoln �� �s p - fi A } 19 t` ,"'nd a newspaper copy of Which is hereto at r k A. D. 192 --- day of -- ------------ �, to gild. subscribed -before me, this ------ ------------ y �f --------------- Notary Public, Jefferson Con , Teras.