Subject: 10508/Franchise/Erlanger/Pedway-WiehlStreet Date: Fri, 18 Aug 1989 14:54:14 -0500 ORDINANCE NO. 10508 AN ORDINANCE GRANTING UNTO ERLANGER MEDICAL CENTER A FRANCHISE TO CONSTRUCT A PEDWAY OVER WIEHL STREET, MORE PARTICULARLY DESCRIBED HEREIN, 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 Erlanger Medical Center (hereinafter "Grantee") a franchise to construct a 15' wide and 36' long pedway over Wiehl Street located 98.23' north of East 4th Street and a 0.833' wide strip along Wiehl Street from a point 130.73' north of East 4th Street to the intersection with East 4th Street, then continuing along the north right-of-way of East 4th Street to Hampton Street for placing of brick veneer. 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. 0C 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. 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 December 3, 1996. s/s_________________________________ CHAIRPERSON APPROVED:___x___ DISAPPROVED:_______ DATE:December 5, 1996. 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 3rd day of December, 1996. ERLANGER MEDICAL CENTER BY:s/s_____________________________ WITNESS: ___________________________