Subject: 10072/Franchise/MemorialHosp/Sign/Glenwood-PkwoodAves. Date: Fri, 18 Aug 1989 14:54:14 -0500 ORDINANCE NO. 10072 AN ORDINANCE GRANTING UNTO MEMORIAL HOSPITAL A FRANCHISE TO CONSTRUCT AN OFF-SITE DIRECTIONAL SIGN AT THE INTERSECTION OF GLENWOOD AND PARKWOOD AVENUES, MORE PARTICULARLY DESCRIBED ON THE MAP ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE, 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 Memorial Hospital (hereinafter "Grantee") a franchise to construct an off-site directional sign at the intersection of Glenwood and Parkwood Avenues, more particularly described 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 construction of the sign. 2. That Grantee will comply with all applicable city ordinances and state laws. 3. That engineering design for the sign will be prepared by a competent engineering group and will be constructed by a competent contractor. 4. That there will be no adverse effect on any adjacent properties by this installation. 5. That installation will not interrupt or interfere with any existing utilities. 0C 6. That plans for the sign will be reviewed with the gas company, telephone company, power board, and water company to confirm this installation has no bearing on their operations. 7. That any street pavement and/or sidewalks disrupted by construction of this installation will be restored to their original condition and in accordance with the City's standard specifications for streets. 8. That Grantee will assume full and complete responsibility for maintenance of the facility and permanently maintain said facility in a safe condition. 9. That the City of Chattanooga will suffer no costs of any kind as a result of granting this franchise. 10. That 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 installation or maintenance of the facility. 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 facility 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. 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 July 26, 1994. s/s_________________________________ CHAIRPERSON APPROVED:_______ DISAPPROVED:_______ DATE: July 27, 1994. s/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 _____________________, 1994. MEMORIAL HOSPITAL BY:________________________________ WITNESS: ___________________________