Subject: 9514/Franchise/Hamilton Co/Sewer Force Main
Date: Fri, 18 Aug 1989 14:54:00 -0500


                                ORDINANCE NO. 9514
                  
                  
                   AN ORDINANCE GRANTING UNTO HAMILTON COUNTY,
                   TENNESSEE A FRANCHISE TO INSTALL A 2.5-INCH
                   DIAMETER SANITARY SEWER FORCE MAIN IN THE
                   20-FOOT UTILITY EASEMENT ON THE SIDE OF
                   RIVERPORT ROAD IN CENTRE-SOUTH RIVERPORT
                   FROM A MANHOLE IN THE EASTERN PROPERTY LINE
                   OF LOT 15, CENTRE-SOUTH INDUSTRIAL PARK, FOR
                   522 FEET ALONG RIVERPORT ROAD TO THE END AT
                   A POINT IN THE NORTHEAST CORNER OF LOT 11,
                   UPON CERTAIN CONDITIONS.
                  
                  
                            _________________________
                  
                  
              	   SECTION 1.  BE IT ORDAINED BY THE CITY COUNCIL OF THE
         CITY OF CHATTANOOGA, TENNESSEE, that there be and is hereby
         granted unto Hamilton County, Tennessee a franchise to install 
a
         2.5-inch diameter sanitary sewer force main in the 20-foot
         utility easement on the side of Riverport Road in Centre-South
         Riverport from a manhole in the eastern property line of Lot 
15,
         Centre-South Industrial Park, for 522 feet along Riverport Road 

         to the end at a point in the northeast corner of Lot 11.
              	   SECTION 2.  BE IT FURTHER ORDAINED that this franchise 

         is granted upon the following terms and conditions:
              1.   That grantee comply with any special requirements
                   of the office of the City Engineer with respect
                   to the specific location and laying of these
                   facilities and with respect to any other matters
                   which affect their installation, operation and
                   maintenance.
        
              2.   That the grantee will comply with all applicable
                   city ordinances and state laws (particularly
                   state laws relating to this type sanitary sewer
                   line).
        
              3.   That engineering design for the facilities will
                   be prepared by a competent engineering group and
                   installation will be performed by a competent
                   contractor.
        
              4.   That installation will have no adverse effect on
                   any adjacent properties.
        
              5.   That installation will not interrupt or interfere
                   with any existing utilities.
        
              6.   That the plans for the facility be reviewed and
                   approved by the Chattanooga Gas Company, South
                   Central Bell, the Electric Power Board of
                   Chattanooga, and the water utility in whose area
                   this facility lies.
        
              7.   That street pavement disrupted by construction of
                   the facilities will be restored to its original
                   condition and in accordance with the City's
                   standard specifications for streets.
        
              8.   That the grantee assume full and complete
                   responsibility for maintenance of the facilities
                   and permanently maintain said facilities in a
                   safe condition.
        
              9.   That the City of Chattanooga will suffer no costs
                   of any kind as a result of granting of this
                   franchise.
        
              10.  That the grantee will defend, indemnify and hold
                   harmless the City of Chattanooga, Tennessee, its
                   officers, employees, successors, and assigns from
                   any negligence caused by Hamilton County, its
                   agents or its employees relative to the
                   installation and/or maintenance of the
                   facilities, but only up to the limits as provided
                   in the Tennessee Governmental Tort Liability Act
                   and no more.
        
              11.  That should the City need the right-of-way for
                   the purpose of providing public improvements
                   either to the street or for the best interest of
                   the public and the facilities should need to be
                   adjusted or removed, it will be done at the
                   expense of the grantee.
        
              	   SECTION 3.  BE IT FURTHER ORDAINED that the term of
         this franchise shall be for a period of forty (40) years.
              	   SECTION 4.  BE IT FURTHER ORDAINED that this ordinance 

         shall not be operative, as distinguished from its 
effectiveness,
         unless and until the franchise herein granted is accepted by 
the
         Grantee by due execution of the acceptance endorsed herein.
              	   SECTION 5.  BE IT FURTHER ORDAINED that this ordinance 

         shall take effect thirty (30) days from and after its passage
         upon reading at three (3) separate readings as required by law.
        
         PASSED on Third and Final
         Reading 2/5, ___, 1991.       
_/s/______________________________
              	   	     	       	    	   CHAIRPERSON
        
        
              	   	     	       APPROVED:______ DISAPPROVED:______
        
              	   	     	       DATE:________________ _____, 1991.
        
        
              	   	     	       _/s/______________________________
              	   	     	       	    	     MAYOR
        
         WSPjr:cjc
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                               A C C E P T A N C E
        
        
              	   The foregoing franchise and its terms and conditions
         are hereby accepted.
              	   This the ______ day of _____________________, 1991.
        
              	   	     	       HAMILTON COUNTY, TENNESSEE
        
        
              	   	     	       BY:__/s/________________________
         WITNESS:
        
        
         ______/s/__________________