Subject: 18815/TVA Temp. Usage Date: Fri, 26 Jan 1990 10:12:00 -0500 RESOLUTION NO. 18815 A RESOLUTION AUTHORIZING TENNESSEE VALLEY AUTHORITY TO USE TEMPORARILY A PORTION OF THE RIGHT-OF-WAY OF CHESTNUT STREET, MORE PARTICULARLY DESCRIBED HEREIN, FOR INSTALLATION OF A TELECOMMUNICATION CONDUIT, UPON CERTAIN CONDITIONS. _______________________________ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that the Tennessee Valley Authority (hereinafter referred to as "TVA") be and is hereby permitted to use temporarily a portion of the right-of-way of Chestnut Street from a point just south of 12th Street north 620 feet for the installation of a telecommunication conduit in said right-of- way. BE IT FURTHER RESOLVED, that said temporary usage shall be subject to the following conditions: 1.) TVA shall execute the Indemnification Agreement attached hereto in favor of the City of Chattanooga, its officers, agents and employees for any and all claims for damages for injuries to persons or property related to or arising out of the temporary usage. 2.) TVA agrees to vacate the right-of-way and remove the aforesaid telecommunication conduit upon thirty (30) days written notice from the City so to do, unless TVA has been otherwise authorized to use said right-of-way. 3.) TVA shall have obtained approval of the City Engineer and City Traffic Engineer prior to the commencement of construction. ADOPTED: 10/23/90 WSPjr/jrm