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HomeMy WebLinkAboutORD 4-JENTITLED AN ORDINANCE GRANTING TO THE SOUTH TEXAS STATE FAIR, A TEXAS CORPORATION, FOR A PERIOD OF FIVE (5) YEARS, THE RIGHTS AND PRIVILEGES INCIDENT TO THE CHARTER PURPOSES OF ITS ORGANIZATION, NAMELY THE ENCOURAGEMENT OF AGRICULTURE AND HORTICULTURE, FOR THE MAINTENANCE OF PUBLIC FAIRS AND THE EXHIBIT= TION OF STOCK AND FARM PRODUCTS AND FOR PUBLIC AMUSEMENTS, ON THE PROPERTY BELONGING TO THE CITY OF BEAMAONT HEREINAFTER DESCRIBED, KNOWN AS THE CITY FAIR PARK, UNDER CERTAIN TERMS ANDI�CONDITIONS HEREIN SET FORTH AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY. COMMISSION OF THE CITY OF BEAUMONT: Section 1. That the.South Texas State Fair, a non -profit-sharing cor- poration, under and by virtue of the laws of the State of Texaswith its place of business in Beannont, , Jefferson County, Texas, is hereby granted, for a period of five (5;) years, from and after August 10th, 1931, under the terms and conditions herein set forth, the exclusive use for the encouragement of agriculture and hobticulture, the mainte- nance of public fairs, the exhibition of stock and farm products, and for public arnus�ments, those certain lots, tracts-. or parcels- of land more particularly known, numbered and designated as follows, to-vrit: FIRST TRACT: That certain tract of land containing thirty-eight (38) acres more or less, lying adjoin_ ing and west of Gulf Street, opposite and westward of Magnolia Park, in said City, known as the City Fair Park, said property having been purchased by the City of Beaumont from W. P. H. McFaddin, by deed dated 23rd day of April, 1921, recorded in Volume 2 05, Page 382, of the Deed Records of Jefferson Co-onty, Texas, to which reference is here made for a dea:cription of said property® SECOND TRACT: All of Block No. Nine (9) containing twenty 20 lots; all of Block No. Text (10) contain- ing twenty"six (26) lots; all of Block No. Eleven (11) containing 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 inclusive in Block No. Sever_ (7) in and of the Gold Hill Addition to the City of Beaumont, in Jeffer- son County, Texas, and the following streets and alleys: Mamie 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 Gold- en Lane Street, which street is also known on the City map as Jirou Street; Air Street shown on the city map as Averill Street, from.Mamie Street to a line parallel with the south line of the alley runningthrough Blocks Nos. Six (6) and Seven (7) of the said Gold Hill Addi- tion to the City of Beaumont, Texas, and Golden Hill Lane or Jirou Street from Mamie Street to the south line of Regent Street and the alleys through 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 County Court of Jefferson County, Texas, to which reference is here made for better description of said property, same hav- ing been purchased from_thp South Texas State Fair by Texas, to which reference is here made for a description of said property. 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 exclusive possession of said City Fair Park is delivered to it, hold a public fair and exposition on said grounds as herein provided for; that during 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 thy; right to close the grounds and exclude the public 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 grounds and improvements, now used for the fair and exposition and en- tertainment purposes 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 and receive all revenue from all sources within said Fair Park during the life of this lease contract and arrangement including all money and income received from concessions and privileges during the entire ti.,ielve (12) months in each year, provided that no building or improvement shall be converted from its original condition or chara- cter except by the consent of the City of Beaumont, Section IV. That all buildings, improvements, and appurtenances in said City Fair Park subject to destruction, shall be insured and kept insured in the name of the City of Beaumont during the entire period of this lease contract cretted by the ordinances for a proper amount and pre- mium thereon paid by the South Texas State Fair, said policies to be deposited with the City Clerk; that in cash 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 Beaumont 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 time be promulgated by the City Commission of the City of Beaumont for the proms tection of the morals, health and safety of the community. Section VI. That the permission to us e granted by Section I of this ordinance shall include the right to erect such structures incident to or necessary for the lawful purposes of said Fair and for public amuse- ments., 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 forever be and remain in the Municipality of the City of Beaumont, Section VII. It being recognized that the City of Beaumont, having title to the property, the subject matter of this ordinance, with an inciden- tal expense for the maintenance thereofand that the said Fair in tak- , ing over the control and maintenance of the property herein above described is relieving the City of Beaumont of expense and effects a saving to the City and imposes upon the Fast, a corresponding burden justifies the City of Beaumont in obligating itself temper- arily to share with the said Fair in the maintenance of said proper- ty and it is hereby provided that the City of Beaumont shall contri- bute toward the maintenance of said property the sum of Thirty -Six Hundred_ and no/100 ($3600.00) Dollars for the year ending August 10th, 1932, payable to said Fair at the rate of Three Hundred and no/100 (300;00) Dollars per month during the next succeeding twelve months, and said sum of Three Thousand Six Hundred and no/100 (3,600.00) Dollars shall be provided for in the City's annual Budget for park maintenance: Section VIII. The Citof Beaumont reserves the rights and privileges to use and let the ity Fair Park Auditorium whenever,in the judgment of the City Commission, itsees fit to use same ora to let same for the purpose of entertainment or education of its citizens; the City, however, guaranteeing to the Fair on such occasions, the actual ex- pense 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 IX. It is agreed 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 Auditor of the City of Beaumont, and such audit shall be included in the regular annual audit of the City of Beaumont and to be paid for by the South Texas State Fair, and a copy of such audit shall be provided the South Texas State Fair. Section X. 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 M 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 the said Secretary, provided that said bond shall never be fixed at a lower sum thah:Five Thousand ($5,000000) Dollars and said bond shall be conditioned that the said Secretary shall safely keep all moneys coming into his hands and shall pay the same out only upon proper authority, and shall faithfully discharge all the duties imposed upon him under the terms of this agreement, which bond shall be deposited with the City Clerk of the City of Beaumont. Section XI. That no director or other officer of said South Texas State Fair shall receive .or be allowed any compensation whatever, save and except 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 diminished or abolished by the South Texas State Fair at any time during the term of such employment. Section XII. That it is further mutually understood and agreed that no officer, employee, agent or servant of the South Texas State Fair of the City of Beaumont, shall in anywise, directly or indirectly, be pecumiarly interest in any show or attraction or any other concession or enterprise which is or maybe operated in the said City Fair Park for profit during the term of this agreement and should any such offi- cer, agent, servant or employee be found guilty of violation of this section, it shall be. the duty of the South Texas State Fair or the City of Beaumont, as to its respective employees or officers, as the case may be, to dismiss and terminate such person's relation with its service. Section XIII. The South Texas State Fair shall fully protect and indemnify the City of Beaumont against any cost or expense from any injury or 6amage to persons or property, real or asserted for which the City of Beaumont may be held responsible, accruing on said grounds during the time the South Texas State Fair shall be in possession of same under this agreement or accuring on or in such buildings; that the said South Texas State Fair is obligated herein to maintain, during any partof the year or which is the proximate result of the neglect of the South Texas State Fair, and.South Texas State Fair shall carry adequate insurance therefor, such policies. to be deposited with the City Clerk of the City of Beaumont, but this provision shall not create any lia- bility on the part of the City of Beatunont or the South .Texas State Fair as to third persons that would not other wise exist in law. Section XIV. That during the time of each year when the exclusive possess- ion and use of said City Fair Park is not in the South Texas State Fair, the City of Beaumont shall, as it deems expedient, maintain said park in a proper and attractive condition as a public park, 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 stipu- lated, and the City of Beaumont shall not so use said park as to be in conflict with the South Texas'State Fair or the uses of same -as herein provided for, b-gt 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 pakk during daylight hours', Section XV. It is further mutually 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 furhter understood that the City of Bea umont shall, 'at all times, have the right and authority to make such regula- tions for the exclusion of objectionable characters from the grounds that it would otherwise have in the regulation of any public park belong- ing to the City of, Beaumont. Section XVX. It is further agreed and understood that the .Board of Directors of said South Texas State Fair shall elect one member of the City Cormission,to be selected by said Commission, to the Board of Directors of said South Texas State Fair as an active Director thereof:. Section XVII. It is Further understood that at the clo-be of the said South Texas State Fair and Exposition and entertainment, the said South Texas State Fair shall remove or cause to be removed, at:its cost and expense, all temporary stands and houses which, in the judgment of the City Commission, are objectionable or deemed advisable to be removed. Section XVIII. That the rights herein granted are noxi -transferable and are granted on the strict condition that the fair is a non -profit-sharing Section XIX. It is understood that any violation by South Texas State Fair of this lease shall, at the election of the City Commission -of the City of Beaumont, render the same null and void and without any further force and effect. That all ordinances and privileges heretofore granted by the City of Beaumont to the South Texas State Fair, affecting the. rights of the parties hereto to the properties and rights herein- above described, are hereby repealed insofar as they conflict with this ordinance, but no further. Section XX. The fact that the prior existing leasehold agreement be- tween the City of Beaumont and the South Texas State Fair expired on August 10th, 1931, and important and needed improvermentsaffecting the health and welfare of the people will be facilitated by the renewal of such leasehold agreement creates an imperative public emergency necess- itating the suspension of the rule requiring resolutions and ordinances to be read more than one time or on three (3) several days before their passage, wherefore such rule is hereby suspended, and this ordinance shall be in full force and effect immediately from and after its pass- age* Passed and approved on this the 14? -day of , A. D® 1931. / MAY