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2281 ORD GRANTING FRANCHISE TO FIRST NATIONAL BANK OF COP TO USE PORTION OF SPACE ABOVE AND UNDER SURFACE OF SIDEWALK ON WEST SIDE OF 1ST ST NWORDINANCE NO. 2281 AN ORDINANCE GRANTING A FRANCHISE TO THE FIRST NATIONAL BANI< OF PARIS, PARIS, TEXAS, TO USE A PORTION OF THE SPACE ABOVE AND UNDER THE SURFACE OF THE SIDEWALK ON THE WEST SIDE OF 1ST STREET, N. W., BE- GINNING 32-1/6 FEET NORTH OF THE INTERSECTION OF THE STREET CURB ON THE WEST SIDE OF SAID 1ST STREET, N. W. WITH THE STREET CURB ON THE NORTH SIDE OF BONHAM STREET FOR THE PURPOSE OF MAINTAINING A PUBLIC SER- VICE INSTA LLATION KNOWN AS A D E P Q S I T Q R Y; PROVID- ING FOR A TERM OF TWENTY-FIVE (25) YEARS; AND FIXING THE RENTAL THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. 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 hereof, said Bank is hereby authorized to use the following portions above and below the sidewalk for the maintenance of a public service installation known as a De, p o s i t o r y, which portions of said sidewalk are described as follows: A space 2-2/3 feet by 2-1/2 feet in dimension, fronting 3-2/3 feet on the West curb line of lst Street, N. W. and extending West to a depth of 2-1/2 feet, beginning 28-2/3 feet North with the intersection of the West curb line of said lst Street, N. W. with the North curb line of Bonham Street; THENCE North with said West curb line of lst Street, N. W. 3-2/3 feet; THENCE West 2-1/2 feet; THENCE South 3-2/3 feet; THENCE East 2-1/2 feet to the place of beginning. Section 2. Tl-e 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 require The First National Bank of Paris to conform to street and sidewalk grades and to alter or lower its underground structures to meet changing conditions. Section 3. The First National Bank of Paris shall pay, in advance, to the City of Paris an annual rental of One Dollar ($l. 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 us.ing of any space herein granted, by The First National Bank of Paris, or any other person, firm or corporation authorized by The First National Bank of Paris to so do, shall be conclusive evidence of the acceptance by said The First National Bank of 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 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 of the whole or any part of the surface of said sidewalk, parkway or street right of way. The First National Bank of Paris expressly agrees to defend, at its sole cost, any and all suits that may be instituted against the City of Paris for in- junction or damages to real property or personal property or per- sonal damages or injury of any kind or character whatsoever, and to pay all costs, attorney's fees and any and all other expense aris - ing 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 pro- perty owner, citizen or other person, firm or corporation for da- mages or injuries to either person or property growing out of or arising from or caused by the negligence of the said The First National Bank of Paris, its servants, agents, employees, licensees, invitees or permitees, or by the use by The First National Bank of Paris of the franchise 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 assignee or trans - ferree shall assent in writing to all the provisions of this ordi- nance; 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 authorize the City Council of the City of Paris, at its option, to repeal or revoke any rights granted under this ordi- nance, but said revocation or repeal shall not release The First National Bank of Paris of or from any obligations placed on it under Section 4 hereof. 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 conditions are specifically men- tioned herein or not, and the granting of this franchise is declared to be for the public convenience. 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 February 9, 1976, at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on March 8, 1976; and final reading at a regular meeting of the City Council on April 12, 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 12th day of April, 1976. . a es M. Brunette, Mayor ATTEST:. / . G..-/"~]~C H. C: Gre(~ne, City Clerk APP VED=,~~~TO FORM: ~es, . K. Ha ~Jffft_y ttorney A