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HomeMy WebLinkAboutORD 22-DU-64 Y P`i �l AN ORDINANCE.. ENTITLED an ordinance granting, to South Texas State Fair, a corporation, for a period_ of Thirty Five Years; the exclusive rights and privileges'incident'to the Charter purposes of its organization, -namely, the encouragement of agriculture and horticulture, for the maintenance ofpublic 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 ITY C0I:II1QISS I ON OF THE CITY OF EAURIONT Section 1. That the South Texas State Fair, a'nonprofit-sharing corporation organized under and by virtue of the laws of -the State of Texas, with place of business in Beaumont, Jefferson County'Texas f is hereby granted exclusive-permis.sion to use for the charter purposes of its organization, namely, the encouragement of agriculture and horticulture, for the maintenance of public fairs and the exhibition of stock and farm products, from year to year during a period not to exceed a total of sixty (CO) days in each year, such time to be selected by the Fair management and which may be in one or more, but no more than three periods, 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 Parlf in said City, known as the City Fair Park, said property having been purchased by the City of Beaumont from-W.P.H.MuFaddin, by'deed dated 23rd day of April, 1921, recorded in Vol.205,page 382, of the deed records of Jefferson Colmty, Texas, to which reference is here made for a description of said I property; provided that the Fair shall give thit.ty- (30-):' days notice to the City Commission of the beginning of each.period of use and the character of use intended. Section ll. 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 promulgated by the City Commission of the 0>3ty of Beaumwt, in the exercise of the polibd power, for the protection r, of the mo+gals, health and safety of the Community. Section III. That the permission to use granted by Section I of this ordinance, shall include the right to erect such structures in- cident to or necessary for the lawful purposes of said Fair., 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 of which structures shall, subject to the rights herein conferred, 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 property. Sect ion IVB. 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 reasonably 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 necessary 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 so construed as to prevent the municipality of the City of Beaumont from having the free and unobstructed use of the grounds and build- ing& erected or used by said -Fair, other than as herein other- wise 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 propor- tions -and magnitude which will be a credit to this section and to the State of Texas aiding in the growth and development of the industries, 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 wtter of this ordinance, the use of which investments and lands shall unconditionally belong to the City of Be�.umont, except during the time when Fair exhibition& as herein provided for, may be in operation and except to the ex- tent that the use of said -lands and buildings maybe incident to or necessary for the preservation and protection of the pro- perty 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 exercise of the Police powers of the City oi' Beaumont to the end that as near as practicable the actual. operation of the Fair itself shall be indep6ndent of the City of Beaumont; but this provision is not intended to restrict or limit the powers of said City in dictating the character or the location of any structures to be erected in or upon said grounds, or to limit its rights in and ownership of said im- provements but the right to dictate the character or the loca- X78 tion 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 removel or destruction becomes necessary for the safety or the health of the people who may frequent said grounds. Section VIII. That the City of Beaumont shall maintain fire insurance, in companies to -be approved by the City Commission, upon the permanent structures located on said grounds and in which the Fair may have invested its zunds,'with loss payable to the City of Beaumont, and all such insurance oollected.on losses incurred shall become a trust fund in which said Fair shall have an in- terest to the extent necessary for replacement of the lost or damaged structures, which fund shall be expended for that purpose. Section IX. That the City -of Beaumont shall open and maintain an account with the said Fair wherein and whereby all investments made by or on behalf of said Fair, which investments shall be of a permanent or insurable nature, shall be accounted for and shall reflect and represent 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 Com- mission 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 matte 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, provided, however, that for the purpose:: of opening' said account with the Fair, a certificate from the Mayor and the City Manager as to the expenditures made by the Fair to the date of the opening of said account shall be sufficient to 4&_10' Q_q_0AA cover expenditures made by the Fair to the date of such 'certificate, which certificate shall not be dated later than the first day of Jma. nary, 1923. Section X. That _the purpose of this ordinance is in part to establish confidence- in prospective investors and contributors toward -improve- ments to be erected by said Fair and to afford friends of and stock- holders in the Fair and those contributing thereto a due and lawful assurance by solemn contract with the City of Beaumont that the invest' ments of the Fair in the above referred to grounds in the City of Beaumont wills be respected and preserved for the accomplishment 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 non-transferrable and is granted on the strict condition that -the -Fair is_, a_ non -profit -s haring_ educational corporation, without profit or emolument to_ its members;and that all funds derived from the op erati on 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 operating and building upon and conducting said fairs, shall belong to the City of Beaumont, and the Fair shall make a full annu4 accounting to the City Commission. Section XII. That at the termination of this franchise all of the properties and_ assets --of- every dese-r ption of. -said Fair, and--us-ed upon said: property hereunder and in connection herewith, shall become.and be the property of the City of Beaumont, and shall not be removed.from the land covered hereby, but be delivered over to .the City Commission I. of the City of Bea-Lunont . �ay-of Passed and approved on the ' A.D.1922.