Subject: 10478 96-180 Astec Ind.
Date: Mon, 27 Feb 1989 12:20:00 -0500


              	   	     	       	    1996-180
              	   	     	       	    Astec Industries, Inc.
        
        
        
                   	     ORDINANCE NO.   10478   
                  
                  
                   AN ORDINANCE CLOSING AND ABANDONING THE 1200
                   BLOCK OF EAST 40TH STREET AND THE 3900-4100
                   BLOCKS OF JEROME AVENUE LOCATED SOUTH OF EAST
                   39TH STREET AND NORTH OF HAMILL ROAD, 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 
closed
         and abandoned the 1200 block of East 40th Street and the 
3900-4100
         blocks of Jerome Avenue located south of East 39th Street and
         north of Hamill Road, more particularly described herein, and 
as
         shown on plat attached hereto and made a part hereof by 
reference:
        
                A portion of East 40th Street, a 60 foot
                right-of-way, beginning at Jerome Avenue and going
                some 700 feet in a southeasterly direction as
                referenced by the attached map.
               
                A portion of Jerome Avenue, a 70 foot right-of-way,
                beginning on the north side of Hamill Road and
                going some 1800 feet to the south side of East 39th
                Street as referenced by the attached map.  Tax Map
                167E-A-8, 167E-B-1, 1.1 and 168H-A-1.
               
               
              	   SECTION 2.  BE IT FURTHER ORDAINED, That this closure
         and abandonment is made subject to the following conditions:
0C
                1. The reservation for Jupiter Industries, Inc.,
                   d/b/a Chattanooga Gas Company, of an easement
                   the width of the streets for its gas main, lines
                   and other distribution facilities located within
                   the petitioned rights-of-way, which must be
                   maintained for the use and benefit of its
                   customers.
               
                2. The Electric Power Board of Chattanooga has
                   distribution facilities located within said
                   right-of-way which must be maintained for the
                   use and benefit of its customers and an easement
                   the width of the entire right-of-way is reserved
                   for the operation, maintenance, rebuilding, and
                   replacement of these distribution facilities.
               
                3. The reservation for the Tennessee-American Water
                   Company of an easement the width of the
                   right-of-way for the purpose of operating and
                   maintaining their facilities located within the
                   right-of-way.
               
                4. The City of Chattanooga has a sewer located
                   within said right-of-way and reserves an
                   easement the width of the right-of-way for the
                   purpose of maintaining said sewer.
               
                5. Chattanooga Cable Television has transmission
                   facilities in the right-of-way and requests
                   reservation of the easement for maintenance
                   purposes.
               
                6. City Fire Marshal and City Traffic Engineer have
                   insisted that the closure shall e subject to
                   reopening a street between 39th and 40th by
                   Astec Industries, Inc.  
               
                7. The areas reserved for utility easements must be
                   kept free and clear of all structures.
               
                8. All existing easements are retained.
               
0C
              	   SECTION 3.  BE IT FURTHER ORDAINED, That this 
Ordinance
         shall take effect two weeks from and after its passage as 
provided
         by law.
        
         PASSED on Third and Final
         Reading: September 24, 1996.  
_______________s/s__________________
              	   	     	       	    	   CHAIRPERSON
        
              	   	     	       APPROVED:__x___ DISAPPROVED: _______
        
              	   	     	       DATE: September 24, 1996.
        
        
              	   	     	       _______________s/s__________________
              	   	     	       	    	      MAYOR
        
         RHRH:meb