Subject: 9645/Franchise/King Constru/drainage pipe/Mtn.Creek Road Date: Fri, 18 Aug 1989 14:54:00 -0500 ORDINANCE NO. 9645 AN ORDINANCE GRANTING UNTO KING CONSTRUCTION COMPANY A FRANCHISE TO INSTALL A 12-INCH DRAINAGE PIPE FROM A RETENTION POND LOCATED IN THE SOUTHEAST CORNER OF THE PROPERTY AT 925 MOUNTAIN CREEK ROAD FOR APPROXIMATELY 85 FEET SOUTH TO AN EXISTING STORMWATER MANHOLE, SAID DRAINAGE PIPE BEGINNING AT THE SOUTHERN PROPERTY LINE LOCATED APPROXIMATELY 588 FEET NORTH OF THE INTERSECTION OF MOUNTAIN CREEK ROAD AND RUSSELL AVENUE, 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 King Construction Company a franchise to install a 12-inch drainage pipe from a retention pond located in the southeast corner of the property at 925 Mountain Creek Road for approximately 85 feet south to an existing stormwater manhole, said drainage pipe beginning at the southern property line located approximately 588 feet north of the intersection of Mountain Creek Road and Russell Avenue, upon certain conditions. 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 Dec. 10, 1991. _/s/______________________________ CHAIRPERSON APPROVED:______ DISAPPROVED:______ DATE:________________ _____, 1991. _/s/______________________________ MAYOR /jrm 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. KING CONSTRUCTION COMPANY BY:_/s/_________________________ WITNESS: __________________________