2000-036-ORD GRANTING FRANCHISE TO HIBERNIA NATIONAL BANK

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inch (7") pneumatic tube for the purpose of connecting the main banking house of Hibernia National Bank with its drive-in banking facility, which portions of said sidewalk, parkway, and street right-of- way are described as follows: BEING a parcel approximately 151.4 feet long and being approximately 8.5 feet wide; BEGINNING at and adjacent to the north wall of the original Hibernia National Bank building (formerly the First National Bank) and proceeding in a northerly direction adjacent to the west boundary line of 1st Street N. W. to the south curb line ofW. Houston Street, and continuing north across W. Houston Street to a point 2 feet north of the north boundary line ofW. Houston Street, which point is 2 feet north of the southeast corner of City Block 9. Section 3. That the franchise of user herein granted shall be for a term of five (5) years subject to the right of the City of Paris to, at any time, alter, reform, or amend it, or to appropriate all of said space, or any portion of the same, to the exclusive use of the City when same may be needed for corporate purposes, after giving thirty (30) days written notice of such intention, or the right of the City Council to cancel same in the event public necessity and convenience so requires. The City of Paris reserves the right to require Hibernia National Bank to conform to street and sidewalk grades and to alter or lower its underground structures to meet changing conditions. Section 4. That Hibernia National Bank shall pay, in advance, to the City of Paris an annual rental ofTen Dollars ($10.00) for the space described herein above. After the first year, all rental charges shall be paid on the 1st day of January of each year. Section 5. That the doing of any work hereunder by or the using of any space herein granted to Hibernia National Bank, or any other person, firm, or corporation authorized by Hibernia National Bank to so do, shall be conclusive evidence of the acceptance by said Hibernia National Bank ofall of the provisions of this ordinance and all other ordinances of the City of Paris, as well as all provisions of the City Charter of the City governing the granting of franchises, and shall expressly bind the said applicant, its successors and assigns, to pay the rental specified herein, to keep and maintain said premises and the surface of said sidewalk, parkway, and street right-of-way over and adjacent to same unobstructed, in good repair and in safe condition for the safe and uninterrupted use at all times by the general public during the life of this franchise or use of the same, and also to indemnify the City of Paris against any and all claims, actions, and suits for damage to any person or property growing out of or arising from the use of said premises under this franchise, or any damage or injury resulting to any person by reason of the impairment of the safe and uninterrupted use by the general public ofthe whole or any part of the surface of said sidewalk, parkway, or street right-of- way. Hibernia National Bank expressly agrees to defend, at its sole cost, any and all suits that may be instituted against the City of Paris for injunction or damage to real property or personal property or personal damages or injury of any kind or character whatsoever, and to pay all costs, attorney's fees and any and all other expense arising out of the filing, prosecution, or defense of any such suits, and to pay all such judgments that may be rendered against the City of Paris in any and all suits, that may be filed against it by any property owner, citizen or other person, firm, or corporation for damages or injuries to either person or property growing out of or arising from or caused by the