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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. ` ~ J4 es M. rt~nett , ayor ! ATTEST: ~ H. C. Gre'ene, City Clerk APPROVED A FORM: ~ 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.