Subject: 9549/Franchise/Hamilton Co/Tunnel-Connect Jail to Courts Bldg.
Date: Fri, 18 Aug 1989 14:54:00 -0500


                                ORDINANCE NO. 9549
                  
                  
                   AN ORDINANCE GRANTING UNTO HAMILTON COUNTY,
                   TENNESSEE A FRANCHISE TO CONSTRUCT AN
                   11-FOOT WIDE TUNNEL UNDER CHERRY STREET
                   APPROXIMATELY SEVENTY-ONE (71) FEET SOUTH OF
                   EAST SIXTH STREET TO CONNECT THE HAMILTON
                   COUNTY JAIL COMPLEX TO THE COURTS BUILDING,
                   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 
construct
         an 11-foot wide tunnel under Cherry Street approximately 71 
feet
         south of East Sixth Street to connect the Hamilton County Jail
         Complex to the Courts Building.
              	   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 federal laws
                   and regulations and with all applicable city
                   ordinances and state laws to the extent they are
                   not contradictory to federal laws.
        
              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 facilities be reviewed and
                   approved by the Chattanooga Gas Company, South
                   Central Bell, Tennessee-American Water Company,
                   and the Electric Power Board of Chattanooga.
        
              7.   That street pavements, curbs, gutters, or
                   sidewalks disrupted by construction of the
                   facilities will be restored to their 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
                   during construction and permanently maintain said
                   facilities in a safe condition until ownership is
                   conferred.
        
              9.   That the City of Chattanooga will suffer no costs
                   of any kind as a result of granting 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 if the grantee is the
                   current owner of the said facilities.
        
              	   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 May 14, 1991.	       _/s/______________________________
              	   	     	       	    	   CHAIRPERSON
        
        
              	   	     	       APPROVED:______ DISAPPROVED:______
        
              	   	     	       DATE:________________ _____, 1991.
        
        
              	   	     	       _/s/______________________________
              	   	     	       	    	     MAYOR
        
         :cjc
0C
        
                               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/________________________