Subject: 9733 /Franchise/UTC
Date: Tue, 24 Apr 1990 11:55:00 -0500


                                ORDINANCE NO. 9733
        
        
                   AN ORDINANCE GRANTING UNTO UNIVERSITY OF
                   TENNESSEE AT CHATTANOOGA A FRANCHISE TO REPAIR
                   AND MAINTAIN CABLES EXISTING ON THE PUBLIC
                   RIGHT OF WAY LOCATED WITHIN OAK, DOUGLAS, VINE,
                   MABEL, COLLINS, PALMETTO, AND FIFTH STREET,
                   MORE PARTICULARLY DESCRIBED HEREIN, 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 the University of Tennessee at Chattanooga, a
         franchise to repair and maintain telephone cable lines existing 

         on the public right-of-way within the City of Chattanooga
         specifically located within Oak, Douglas, Vine, Mabel, Collins, 

         Palmetto, and Fifth Street, more particularly described in the
         diagram attached hereto and incorporated herein by reference,
         which is adjacent to property owned by the University of
         Tennessee at Chattanooga.
              	   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 and City Traffic Engineer
         with respect to maintenance of any cabling adjacent to or
         crossing City streets.
        
              	   2.	That the grantee will comply with all federal
         laws and regulations and with all applicable city ordinances 
and
         state laws to the extent they are not contradictory to federal
         laws in any repair and maintenance of telephone cabling lines.
        
              	   3.	That repair and maintenance of the telephone
         cabling lines by the University of Tennessee will have no
         adverse affect on any adjacent properties.
        
              	   4.	That grantee will assume full and complete
         responsibility for maintenance and repair of all telephone 
cable
         lines within this franchise and shall permanently maintain said 

         facilities in a safe conditions until ownership is conferred.
        
              	   5.	That the City of Chattanooga will suffer no costs
         of any kind as a result of granting this franchise.
             
              	   6.	That the grantee will provide evidence of
         insurance or financial responsibility as required under
         Tennessee law to indemnify and hold harmless the City of
         Chattanooga against any losses from this Franchise to the 
extent
         required under Tennessee law.
        
              	   7.	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.
0C
        
         PASSED on Third and Final
         Reading June 23, 1992.	       
/s/_______________________________
              	   	     	       	    	   CHAIRPERSON
        
        
              	   	     	       APPROVED:______ DISAPPROVED:______
        
              	   	     	       DATE:________________ _____, 1992.
        
        
              	   	     	       /s/_______________________________
              	   	     	       	    	     MAYOR
        
         PAN: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 _____________________, 1992.
        
        
              	   	     	       UNIVERSITY OF TENNESSEE
              	   	     	         AT CHATTANOOGA
        
        
              	   	     	       BY: _____________________________
         WITNESS:
              	   	     	       TITLE: __________________________
        
         ___________________________