Loading...
2000-036-ORD GRANTING FRANCHISE TO HIBERNIA NATIONAL BANK ORDINANCE NO, 2000-036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING A FRANCHISE TO HmERNIA NATIONAL BANK, PARIS, TEXAS, TO USE A PORTION OF THE SPACE UNDER THE SURFACE OF THE SIDEWALK, PARKWAY, AND STREET RIGHT-OF- WAY, BEGINNING AT THE ORIGINAL NORTH WALL OF THE HmERNIA NATIONAL BANK BUILDING AND PROCEEDING NORTH IN SAID PARKWAY TO THE SOUTH BOUNDARY LINE OFW. HOUSTON STREET AND CONTINUING NORTH ACROSS SAID STREET TO A POINT TWO (2) FEET NORTH OF THE NORTH BOUNDARY LINE OF W, HOUSTON STREET, FOR THE PURPOSE OF INSTALLING AND MAINTAINING A SEVEN INCH (7") PNEUMATIC TUBE FOR THE PURPOSE OF CONNECTING THE MAIN BANKING HOUSE OF HIBERNIANA TIONAL BANK WITH ITS DRIVE-IN BANKING FACILITY; PROVIDING FOR A TERM OF FIVE (5) YEARS; FIXING THE RENTAL THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, following a formal request thereof, has previously adopted Ordinance No. 2222 on May 12, 1975, granting a franchise to the First National Bank of Paris, Texas, a predecessor bank to what is now known as the Hibernia National Bank, of Paris, Texas, the purpose of which is to use a portion of the space under the surface of the sidewalk, parkway, and street right-of-way adjacent to the original bank building of the First National Bank to install and maintain a seven inch (7") pneumatic tube for the purpose of connecting the main banking house with its drive-in banking facilities; and, WHEREAS, the aforesaid franchise has or will by its own terms expire; and, WHEREAS, the Hibernia National Bank has indicated an interest in extending the aforesaid franchise agreement thereby preserving the right to continue to use the pneumatic tube previously installed under the prior franchise; and, WHEREAS, Article IX, Sections 119 through 124 of the City Charter of the City of Paris, Texas, provide for the grant of a franchise under the circumstances of this use; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That in consideration of the payment to the City of Paris Paris, Texas, of the annual rentals hereinafter set out and in strict compliance by Hibernia National Bank with the terms and conditions hereof, said Hibernia National Bank is hereby authorized to use the following portions under the sidewalk, parkway, and street right-of-way for the installation and maintenance of a seven 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 negligence of the said Hibernia National Bank, its servants, agents, employees, licensees, invitees, or permittees, or by the use by Hibernia National Bank of the franchise or any portion of said franchise that may be granted by this ordinance. Section 6. That the lease or franchise granted herein shall not be assignable or transferrable unless prior consent is given by the City Council of the City of Paris and the assignee or transferee shall assent in writing to all of the provisions of this ordinance; a failure to file said assent in writing by assignee or transferee within thirty (30) days from the date of such consent shall, without any further action on the part of the City of Paris, revoke said franchise or lease and authorize the City of Paris to proceed to remove any such structures and close the space so occupied or to take any other steps deemed necessary for the purpose. Section 7. That failure to pay the rental provided herein when due will authorize the City Council of the City of Paris, at its option, to repeal or revoke any rights granted under this ordinance, but said revocation or repeal shall not release Hibernia National Bank of or from any obligations placed on it under Section 5 hereof Section 8. That this franchise shall be subject to all terms and conditions of the Charter of the City of Paris and all ordinances of the City whether such terms and conditions are specifically mentioned herein or not, and the granting of this franchise is declared to be for the public convenience. Section 9. That this ordinance shall be effective sixty (60) days from and after adoption on third and final reading as provided in the Charter of the City of Paris. Introduced, read, and passed on first reading on June 8, 2000, at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on June 12, 2000; and final reading at a regular meeting of the City Council on July 10, 2000, the same being three (3) separate regular meeting of the City Council of the City of Paris, the last being not less than thirty (30) days from the first. PASSED AND ADOPTED this 10th day ofJuly, 2000. , ATTEST, ~ ~~\.".~\.~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: