2275 ORD GRANTING FRANCHISE TO LIBERTY NATIONAL BANK IN COP TO USE PORTION OF SPACE ABOVE AND UNDER SURFACE OF SIDEWALK ADJACENT TO WEST WALL OF LIBERTY NATIONAL BANK BUILDINGORDINANCE NO. 2275 ,
AN ORDINANCE GRANTING A FRANCHISE TO THE LIBE RTY
NATIONAL BANK IN PARIS, PARIS, TEXAS, TO USE A PORTION OF THE
SPACE ABOVE AND UNDER THE SURFACE OF THE SIDEWALK ADJACENT TO
THE WEST WALL OF THE LIBERTY NATIONAL BANK BUILDING, BEGINNIN G
AT A POINT ON SAID WEST WALL 62 FEET SOUTH OF THE NORTHERNMOST
NORTHWEST CORNER OF THE LIBERTY NATIONAL BANK BUILDING, THENCE
WEST TO THE EAST BOUNDARY LINE OF FIRST STREET, S.W.; THENCE
SQUTH WITH THE EAST BOUNDARY LINE OF SAID STREET TEN FEET;
THENCE EAST TO A POINT ON THE WEST WALL OF THE LIBERTY NATIONAL
BANK BUILDING; THENCE NORTH TEN FEET TO THE PLACE OF BEGINNING;
FOR THE PURPOSE OF INSTALLING AND MAINTAINING A NIGHT DEPOSITORY
HEAD 22 INCHES WIDE, 46 INCHES DEEP AND 50 INCHES HIGH AND A
SUBSURFACE RECTANGULAR SHAPED CHUTE 12 INCHES BY 6 INCHES EN-
CLOSED IN 6 INCHES OF CONCRETE CONNECTIN G THE DEPOSITORY HEAD
TO THE MAIN BANKING HOUSE OF THE LIBERTY NATIONAL BANK IN PARIS;
PROVIDING FOR A TERM OF 25 YEARS AND FIXING THE RENTAL THEREFOR.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARI S :
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 Liberty National Bank in Paris with the
terms and conditions hereof said bank is hereby authorized to use
the following portions above and below the sidewalk for the in-
stallation and maintenance of a night depository head and connect-
ing chute 12 inches by 6 inches connecting said depository head
to the main banking house of The Liberty National Bank in Paris
which portions of said sidewalk are described as follows:
Being a parcel approximately ten feet long
and being approximately ten feet wide; BEGINNING
at a point on the west wall of The Liberty National
Bank Building, said point being 62 feet south of the
northernmost northwest corner of said building;
THENCE West ten feet, more or less, to the east
boundary line of First Street, S.6J.; THENCE South
with the East Boundary Line of First Street, S.W.,
ten feet; THENCE East ten feet, more or less, to
the West wall of The Liberty National Bank Building;
THENCE North ten feet to the place of beginning.
The property described above consists both of City
owned property and property owned by The Liberty National Bank
in Paris, Paris, Texas.
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 conven-
ience so requires. The City of Paris reserves the right to
require The Liberty National Bank in Paris to conform to street
and sidewalk grades and to alter or lower its underground struc-
tures to meet_changing conditions.
Section 7. This franchise shall be subject to
all terms and conditions of the Charter of the City of Paris
and all ordinances of said City whether such terms and condi-
tions are specifically mentianed herein or not, and the grant-
ing of this franchise is declared to be for the public conven-
ience.
Section 8. 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
December 8, 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 January 12, 1976; and final reading at a regular meeting of the
City Council on February 9, 1976, 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 9th day of February, 1976.
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J4 es M. rt~nett , ayor
!
ATTEST:
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H. C. Gre'ene, City Clerk
APPROVED A FORM:
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T. K. Haynes, Ci Attorney
Section 3. The Liberty National Bank in Paris
shall pay, in advance, to the City of Paris an annual rental of
One Dollar ($1.00) for the space described hereinabove. After
the first year, all rental charges shall be paid on the lst
day of January of each year.
Section 4. The doing of any work hereunder or
the using of any space herein granted, by The Liberty National
Bank in Paris, or any other person, firm or corporation authori-zed
by The Liberty National Bank in Paris to so do, shall be conclu-
sive evidence of the acceptance by The Liberty National Bank in
Paris of all 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 said City, governing the granting of fran-
chises, and shall expressly bind the said applicant, its succes-
sors 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 of the whole or any
part of the surface of said sidewalk, parkway or street right of
way. The Liberty National Bank in Paris expressly agrees to
defend, at its sole cost, any and all suits that may be instituted
against the City of Paris for injunction or damages 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 Liberty National Bank in Paris,
its servants, agents, employees, licensees, invitees or permitees,
or by the use by The Liberty National Bank in Paris of the fran-
chise or any portion of said franchise that may be granted by
this ordinance.
Section 5. 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 as-
signee or transferree shall assent in writing to all the provi-
sions of this ordinance; a failure to file said assent in writing
by assignee or transferree 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 structure and
close the space so occupied or to take any other steps deemed
necessary for the purpose.
Section 6. Failure to pay the rental provided
herein when due will authori.ze 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 The Liberty National Bank in Paris of or from any obli-
gations placed on it under Section 4 hereof.