Subject: 9511/IBM Franchise/TVA Date: Mon, 28 Aug 1989 10:56:00 -0500 ORDINANCE NO. 9511 AN ORDINANCE TO AMEND ORDINANCE NO. 8953 ENCAPTIONED, "AN ORDINANCE GRANTING UNTO IBM/ROLM SYSTEMS A FRANCHISE TO INSTALL AND MAINTAIN TWO (2) DUCT CROSSINGS AS SHOWN ON THE SCHEMATIC DRAWING ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE, UPON CERTAIN CONDITIONS." SO AS TO SUBSTITUTE THE TENNESSEE VALLEY AUTHORITY AS THE FRANCHISEE, UPON CERTAIN CONDITIONS. ______________________________ WHEREAS, by Ordinance No. 8953 the Board of Commissioners of the City of Chattanooga, Tennessee granted unto IBM/ROLM Systems a franchise to install, operate and maintain two duct crossings as shown more fully on the schematic drawing attached to and incorporated in said ordinance; and WHEREAS, IBM/ROLM Systems has completed the installation of said duct crossings and now desires to transfer ownership of same to the Tennessee Valley Authority; NOW, THEREFORE, SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Ordinance No. 8953, encaptioned as set forth above, be and the same is hereby amended by substituting "the Tennessee Valley Authority" in lieu of "IBM/ROLM Systems". SECTION 2. BE IT FURTHER ORDAINED That the term of the original franchise shall not be extended or modified by this ordinance. 0C SECTION 3. BE IT FURTHER ORDAINED That this ordinance shall not be operative as distinguished from its effectiveness until Tennessee Valley Authority has consented to the conditions set forth herein and in Ordinance No. 8953. SECTION 4. BE IT FURTHER ORDAINED That this ordinance shall take effect thirty (30) days from and after its passage upon reading at three separate readings, as required by law. PASSED on Third and Final Reading Jan. 22 1990. __/s/_____________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE:___________ ___, 1990. __/s/_____________________________ MAYOR WSPjr:jrm 0C ACCEPTANCE OF CONDITIONS FOR AND IN CONSIDERATION of the foregoing ordinance, its terms and conditions and the terms and conditions of Ordinance No. 8953 are hereby accepted and agreed upon. THIS the ____ day of ____________________, 199__. WITNESS: TENNESSEE VALLEY AUTHORITY __________________________ By:_____________________________ Title:__________________________