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Home My WebLink AboutORD 1283 - ORD Granting Weslayan Bank & its Successors, the Right Privilege & Franchise :nnmlUTIl'JnmTJ'Tl'!lrr-~~rr-rr ' ....,.- ~ ",-,1 .-. TJ 158. ORDINANCE NUMBER 1283 AN ORDINANCE GRANTING TO WESLAYAN BANK AND ITS SUCCESSORS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD NOT TO EXCEED TEN~YEARS TO MAINTAIN, OCCUPY, AND REPAIR PORTIONS OF AN EXISTING BUILDING WITHIN PORTlONSOF TWO, STREETS..IN THE GITY, OF WEST UNIVERSITY PLACE ~HARRIS COUNTY ,- TEXAS: PROVIDING TERMS AND CONDITIONS CONTROLLING THE USE OF SUCH STREETS; PROVIDING FOR A RENTAL CHARGE; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST ~ LJ ,,' \ UNIVERSITY PLACE, TEXAS: . Section 1. The City, of WestUntversity,:Place, Texas, herein sometimes called "City", does hereby grant unto.WeslayanBank, herein called "Grantee", the right, privilege and franchise to maintain, occupy and repair certain portions of the building located at the north '," Il J east corner of University Boulevard and Edloe Street, 3646 University Boulevard, Houston, Texas, but only those portions which: (i) are now existing and now leased by Grantee and (ii) are now located within the street right of way or easement of University Boulevard or Edloe Street (said portions being referred to herein as the "subject structurell). The portions of such street to which this franchise applies are illustrated on that certain survey map entitled "Survey of 0.4448 Acres of land, more or less, out of and a part of the A.C. Reynolds'Survey, Abstract #61"in Harris County, Texas" and dated March 5, 1987, and prepared by McDuffie Surveying, Inc., which is on file in the office of the City Secretary of the City. Section 2. Grantee shall maintain the subject structure so as not to interfere unreasonably with traffic over the public thoroughfares of the City. Any public road, highway, street, lane, alley or other public place disturbed by Grantee in maintaining or >1 i I I i U 1 159 ~t ..~ repairing the subject structure shall be restored immediately after the completion of the work in accordance with the City's ordinances, rules and regulations, as amended from time to time. In all cases where work requires the exercise of skill as in the laying or relaying of pavement or sidewalks, the Grantee shall employ skilled workmen familiar with the execution of such work. Whenever deemed necessary by the City, it shall have the right to designate 'its engineer, building official or other person to superintend and'supervtse the refilling of said public roads, highways, sidewalks, streets or other public ways, the relaying or refilling 'of the sidewalks and pavements and all other repairs and replacements of the pavements, sidewalks and other grounds so disturbed for the maintenance or repa.ir, all of which shall be at the expense of the Grantee. Section 3. In cons iderati orl'of the, rights andpri vi 1 eges herein granted; Grantee shall pay as rental to the City the sum of $272.88 per year, provided that after the first payment, each subsequent annual payment shall bemultipl ied by a cost adjustment factor computed by dividing "A" by liS", where "A" is the index value of the"Consumer Price Index for All Urban Consumers, U.S. City Average, All Items (1967-100)" as published in the Monthly Labor Review by the Bureau of Labor Statistics of the DepartmEmt of.Labor of the United States"of America (UIndex")applicable'to the ,third"monthimmedi-ately preceding the>month in which the':' payment is due, .anduB." is ,the value of such Index applicabl e to, January of 1987.' The 'product of the initial anniJal sum multipli'ed by!' theappropr,iate' cost adjustment factor shall be the amount that the Grantee'shall'pay'for. each 'subsequent year. 2 II'1IrllflllTTIl'11"11T11w-T"1l" '" -m---r r .~ .-.----. r- " leD The annual payment for the first 'year shall be due. on the tenth day following the day this ordinance is finally adopted. The second and each subsequent annual payment shall be due on the first day of the year to which it corresponds. For example, the second annual payment 1 ~ shall be due on the firstday"after the first anniversary of the date this ordinance is finally adopted. Each payment shall be made at the principal office of the City, without demand, on or before its due date. Section 4. In consideration of the granting of this franchise, the Grantee shall defend and indemnify the City, its successors and assigns and their officers, agents, employees and contractors, and hold them harmless, from all claims for injury to or death of any person or for any other damages or claims arising 'out of or in any way connected with the subject structure or which injuries, deaths, damages or claims would'not have ,occurred but for the presence n I~ of said structure within the right of way or easement area. Section 5. The Grantee shall agree that if the City or its successors or assigns shall at any time, in its sole discretion, determine that it is necessary to do so for the purpose of properly maintaining or installing facilities within a street right of way or easement, it shall be privileged to remove or alter temporarily, during the course of any such maintenance or installation, the subject structure, or any part thereof, and,the City shall not be obligated in any manner to restore the' subject'structure so altered or removed, but that any restoration shall be made by the Grantee at its sole cost and expense. The Grantee for itself, its successors and assigns shall release the City, its successors and assigns and their officers, agents, employees and contractors from any and all liability for damage I I .~ 3 161 }' " - ~ ~ ',~ ..:)--- caused to the subject structure by ,any such remov.aloralteration or by the presence or malfunctioning of City facilttieswithin 'the right of way or easement and regardless of whether i'ts'(or.their),negligence may contti buteto such 'loss or damage~- Secti on 6. Nothing herei n conta ined sha lLever be held or considered as conferring upon Grantee any exclusive rights. or privileges 'of any nature whatsoever. Section 7. This franchise shaH' be subject to the Home Rule Charter of the City of West University Place and all applicable laws and constitutions. Section 8. If Grantee fails .toperform any of its duties under this ordinance, theCitymay,at'its option, terminate the 'rights of the Grantee. In the event of ' such termination, all of the remaining payments of Grantee shall'become immediately due. ~ Sect, on 9. This franchiSe i sfor the sol e use and benefit of Weslaya.nBank, but it is not transferable or-assignable.' A change of name by Grantee, a'rilergerby Grantee:with'ailother bank or an acqu'i si ti on' of Grantee by' another banksha 11 not be deemed to be" a' transfer within the meaning of this"Sectjon. The word uGrantee"'when used herein refers to WeslayanBankandits permitted successors. Section'10. This franchise'shall take effect-and continue rn I I LJ and rernainln effect'for aperiod'ending at noon on the:tenth anniversa.ryof the date this'ordinance~.isadopted finally (unless' sooner teri11ii1ated)~ provided tha't this\' ordinance"sha,ll not take effect unless Grantee files a written acceptance? of this ordinance. with the City Secretary of the City on or before the tenth day following the day that this ordinance is finally adopted (or within such longer period of L 4 .-.- ~111':ili. "-'U-lb~;"DII11IlIll.l.:l1lltruID:' . :JllIJlIlmllDInlf"'1~ II' m...-rr . .--------------~ -......-r'T~ ~-:J --1' lC2 ~ ~, M~ time as the ,City Counoi,l of .theCity may -prescribe). .and. :makes "the' : inittal:payment when due. l'This franchi'se ,shall-automatically terminate (sooner than the tenth anniversary of the date this ordinance is adopted finally) if that certain lease between ,-The , Donald: Realty' eo., Int"~:and Weslayan Bank N.A;~dated'-FebrtJary 9, 1987~ i-sterminated or is no longer in effect'for"any reason.r.' I " . ,- : - ,- e'". - Section 11. All ordinances and parts of ordinances in' eonflict:herewith are hereby' repealed to the extent of the conflict only., ,. " .. '. Section 12. If any word, phrase, clause,' sentence, ~- :- paragraph, section or other part-of~tbis~ordinaote'or-the application thereof to.-any'person. or circumstance~sha~} ever be held to~berinvalid or unconstitutional by 'any' court of, competent-'jurisdiction'"the,- remainder of this ordinance~and the',app~ication of such word~ phrase, ~ clause, sentence, paragraph,~section or-other part~of-this ordinance to any other persons or circumstances shall not be affected thereby. Section 13. The City Council'officially finds, :determines and declares"that a sufficient'written notice, of.the date,-hour, place and"subject of each';meeting at,wbich this ordinance was discussed, considered or acted upon'was1givenin-thermanner required~by~the'.Open Meetings Law~, TEX. REV~ CIV. "STAT. ANN. art. 6252-17 ,'as amended, and that each, such meeting has been :openi to the"public as reqliir.ed"by ,law at all times during such discussion.,.-consideration' and actign'. : The City Council ratifies, approves'; and: conf'irms such notices and,. the" Gontents'and'posting:thereofi" l'~ .. ., '.. , , ' I I i I '-------' J '. 5 . ~lt6 3 '- ''o.J'. .1.. u Councilmembers Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel, Thompson Councilmembers V~tJng No: Councilmembers Absent: None None PASSED AND APPROVED ON SECOND READING this 11th day of April , 1987, ('", Councilmembers Voting Aye: Mayor Parks~'Co~ncflme~befs Higley, Bryan, Thompson, . Schwartzel . . Counci 1member.s 'VoUng 'No:' None Councilmembers Absent:, None [] PASSED AND APPROVED ON THIRD AND FINAL,READING this.~ day of April , 1987. Councilmembers Voting Aye: Mayor Parks, Councilmembers . Higley, Bryan, Thompson, Schwartzel Councilmembers Voting No: None Councilmembers Absent: None Michael L. Parks, Mayor ATTEST: Audrey Nichols, City Secretary Approved as to Form: u (SEAL) James L. Dougherty, Jr. City Attorney 6 L ~_. ~ ~ -----.L.......l,..., -l........o...l.b....l.....l!lill.Ulll.LIhILIIIJ[. :.....-.mllT'TlTlnr:lr-r-'~-~ ------W-JTI.....-r r - r ~--- ~,-- -~'T .4 ~ , i1B4 To the :Cit,y"d,f West UniversUy',Place', Texas t; Weslayan Bank, for itself, its successors and assigns, hereby accepts the above and foregoing ordinance and agrees to be bound by all of its terms and provisions. n . .. 1" .-.. " .. Weslayan Bank By' President . , DATED the day of , 19 \ ;' THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ I, the duly appointed, qualified and acting City Secretary of the City of West University Place, Texas, do hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of West University Place, Texas, on the day of . , 19_.. ';, EXECUTED under my hand and the official seal of the City of J West Univers~tr9Place, Texas,'atsaid City; this _____ day of r-- -r;'\. ):f' City Secretary of the City of West University Place, Texas i ~ , " ;) . J 7