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2222 ORD GRANTING FRANCHISE TO FIRST NATIONAL BANK OF PARIS TO USE PORTION OF SPACE UNDER SURFACE OF SIDEWALK ETCORDINANCE NO. 2222 AN ORDINANCE GRANTING A FRANCHISE TO THE FIRST NATIONAL BANK OF PARIS, OF TOHE DEWAOR~ION OF THE SPACE UNDER THE SURFACE PARKWAY AND STREET RIGHT OF WAY, BEGINNING AT THE ORIGINAL NORTH WALL OF TH IN SAID PARKWAY TO THE SOUTH ING AND PROCEEDING NOR BOUNDARY LINE OF WEST HOUSTON STREET AND CONTINUING NORTH ACROSS SAID STRE OFO WESOTINHOUSTON STROEET, FOR THE NORTH BOUNDARY LINE THE PURPOSE OF INSTALLING AND MAINTAINING A SEVEN INCH (7 ) PNEUMATIC TUBE FOR THE PURPOSE OF CONNECT- ING THE MAIN BANKING HOUSE OF THE FIRST NATIONAL BANK OF PARIS WITH ITS DRIVE_FIVE N YEARSI AND FIXING THE FOR A TERM OF TWENTY (5) RENTAL THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. In consideration of the payment to the City of Paris of the annual rentals hereinafter set out and in strict compliance by The First National Bank of Paris with the terms and conditions here-- of, said Company is hereby authorized to use the following portions under the sidewalk, parkway and street right of way, for the installa- tion and maintenance of a seven inch (7") pneumatic tube for the pur- pose of connecting the main banking house of The First National Bank of Paris with its drive-in banki og ~allare describedt as followsa side- walk, parkway and street right y 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 First National Bank building and proceeding in a Northerly direction adjacent to the West Boundary Line of lst Street, N. W. to the South Curb Line of West Houston Street, and continuing North across West Houston Street to a p° on Street, whi h pont is 2 tfeet North ofl of West Houst the South East Corner of City Block 9. Section 2. The franchise of user herein granted shall be for a term of twenty-five (25) 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 re- ide- quire The First National Ba i We Pa~ssundergroundtstructures dtosmeet walk grades and to alter or changing conditions. Section 3. The First National Bank of Paris shall pay, in advance, to the City of a herenabove. al Aft r rental O rst~yearr all . 00) for the space describe rental charges shall be paid on the lst day of January of each year. Section 4. The doing of any wor Nat onal Bank of Par s,nor any any space herein granted by The First other person, firm or corporation autho Ve ev dencee oflthe acceptance Bank of Paris to so do, shall be conclusl by said The First National Bank of Paris of all of the provisions of this ordinance and all other ordinances ° a1a Cilty, °i.ng the ell as all provisions of the City Charter of s Y govern granting of franchises, and shalaexhe rental spe ifiediherepn,cto keep its successors and assigns, to p y arkway and maintain said premises surface o samedunobs ruct~ed, in and street right of way over and ~ good repair and in safe condition for e life of uninterrupted franchisesor at all times by the general public dur ng the use of the same, and also to indemnify the City of Paris orspro y and all claims, actions and suits for damage to any person perty growing out of or arising from the S to any person byder this franchise, or any damage or inJury resulting reason of the impairment of the saf ar~nof thetsurfacedof Ssa a s ae- genera l pu b li c o f t h e w h o l e o r a n y p walk, parkway or street right of waY:ts ole cost, any and all suits Paris express l y a g r e e s t o d e f e n d, a t i that may be instituted against the CiTy~°ta pers nal damages or mages to real property or personal p PeTy or all costs, inj ury of any kind or character whatsoever, and to pay out attorney's fees and any and all other expea d o rl ~ 11 su h judgmentgs prosecution or defense of any such suits, Pay all suits that may be rendered against the CiTy~°ta a citizen or other that may be filed against it by any p perY owner, person, firm or corporation for damages or injuries to either person or property growing out of or arising of Parissedsbservantsgli- gence of the said The First National Bank agents, employees, licensees, invitees or permittees, or by t on by The First National Bank of Paris of the franchise or any port of said franchise that may be granted by this ordinance. Section 5. The lease or franchise gonsent hs erein give bylthet be assignable or transferrable unless prior City Council of the City of Paris and the assignee or transferree shall assent in writing to all the provisions of this ordinance; a failure to file said assent inerdate of uchgconsent shall,ewithout within thirty (30) days from h any further action on the part o e t CitC Ps Par to proceed to emove chise or lease and authorize th y of any such structure and close th pheepurp sepled or to take any other steps deemed necessa y for Section 6. 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 National n 4 hereof. revocation or repeal shall not rele First Paris of or from any obligations placed on Section 7. This franchise shall be subject to all terms and men of conditions of the Charter of the City s ordinances said City whether such terms and conditons are tioned herein or not, and the granting of this franchise is declared to be for the public convenience. Section 8. This ordinancea aafinal reading as sixty in the from and after adoption on third Charter of the City of Paris. Introduced, read and passed on first reading on March 10, 1975, at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on April 14, 1975; and final reading at a regular meeting of the City Council on May 12, 1975, the same being three (3) separate regular meetings 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 12th day of May, 1975. Ja ~ M. Brunette, Mayor ATTEST: H, . Uree e, City Clerk APP OVED ~S 0 FORM: K. ay es, ity ttorney