Subject: 10435/Franchise/SportsBarn/3rd&4th Sts.
Date: Fri, 18 Aug 1989 14:54:14 -0500


                             ORDINANCE NO.   10435 
                  
                  
                   AN ORDINANCE GRANTING UNTO  SPORTS BARN,
                   INC. A FRANCHISE TO PLACE FOOTINGS IN THE
                   RIGHT-OF-WAY ON THE EAST SIDE OF MARKET
                   STREET BETWEEN 3RD STREET AND 4TH STREET,
                   SUBJECT TO 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 Sports Barn, Inc. (hereinafter "Grantee") a 
franchise
       for placing footings in the right-of-way on the East Side of
       Market Street between 3rd Street and 4th Street.
       	    	 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 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.
           
             5.	 That installation will not interrupt or interfere
                 with any existing utilities.
           
             6.	 That plans for the facility will be reviewed and
                 approved by the gas company, telephone company,
                 power board, and water company in whose area this
                 facility lies 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 9, 1996.
       	    	      	   	     ________________s/s________________
       	    	      	   	     	         CHAIRPERSON
      
      
       	    	      	   	     APPROVED:__x____ DISAPPROVED:_______
      
       	    	      	   	     DATE:   July 9, 1996.
      
      
       	    	      	   	     ______________s/s___________________
       	    	      	   	     	           MAYOR
       :meb
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 _____________________, 1996.
      
       	    	      	   	    SPORTS BARN, INC.
      
      
       	    	      	   	    BY:________________________________
       	    	      	   	    
       	    	      	   	   
       WITNESS:
      
      
       ___________________________