Subject: 9971/Franchise/KandyKastle/McCallieAvenue
Date: Fri, 18 Aug 1989 14:54:14 -0500


                              ORDINANCE NO.   9971 
                  
                  
                   AN ORDINANCE GRANTING UNTO KANDY KASTLE DAY
                   CARE A FRANCHISE TO CONSTRUCT A BUILDING
                   WHICH WOULD EXTEND INTO THE CITY'S RIGHT-OF-
                   WAY ON THE SOUTH SIDE OF McCALLIE AVENUE BY
                   FIVE (5) FEET FOR A LENGTH OF ONE HUNDRED
                   THIRTY-EIGHT (138) FEET, 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 Kandy Kastle Day Care (hereinafter "Grantee") a
       franchise to construct a building which would extend into the
       City's right-of-way on the south side of McCallie Avenue by 5 
feet
       for a length of 138 feet as shown on the map attached hereto and
       incorporated herein by reference.
       	    	 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.
           
             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.
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             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 and/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
                 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 and all actions or claims for damages arising
                 out of or related to the operation, installation or
                 maintenance of the facilities.
           
            11.	 That Grantee provide, for approval, evidence of
                 insurance to further indemnify the City against
                 losses of whatever kind and nature during
                 construction and as a result of the facilities
                 being in the right-of-way.
           
            12.	 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.
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       	    	 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 attached hereto.
       	    	 SECTION 5.  BE IT FURTHER ORDAINED that this ordinance
       shall take effect two (2) weeks from and after its passage upon
       reading at three (3) separate readings as required by law,
       provided that this ordinance shall be operative immediately upon
       passage and acceptance by Grantee.
      
       PASSED on Third and Final
       Reading November 16, 1993.    
s/s_________________________________
       	    	      	   	     	         CHAIRPERSON
      
      
       	    	      	   	     APPROVED:   X   DISAPPROVED: _______
      
       	    	      	   	     DATE:  November 17, 1993.
      
      
       	    	      	   	     s/s_________________________________
       	    	      	   	     	           MAYOR
      
       :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 _____________________, 1993.
      
       	    	      	   	     KANDY KASTLE DAY CARE
      
      
       	    	      	   	     BY:________________________________
       	    	      	   	     	  GERALD A. MASON
       	    	      	   	     	  Director of Finance
       WITNESS:
      
      
       ___________________________