Subject: 19059/temp.usage/Tenn. Dept Health & Environment
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19059
        
                  
                  
                   A RESOLUTION AUTHORIZING THE TENNESSEE
                   DEPARTMENT OF HEALTH AND ENVIRONMENT TO USE
                   TEMPORARILY A PORTION OF THE RIGHT-OF-WAY
                   NORTHEAST OF AIRWAY BOULEVARD FROM A POINT NEAR
                   VANCE ROAD TO A POINT APPROXIMATELY 490 FEET
                   NORTHWESTERLY, ADJACENT TO THE NATIONAL
                   MICRO-DYNAMICS/FORMER LUTEX PROPERTY, UPON
                   CERTAIN CONDITIONS.
                  
                         _______________________________
        
      	      	   BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
      CHATTANOOGA, TENNESSEE, that Tennessee Department of Health and
      Environment to use temporarily a portion of the right-of-way 
northeast
      of Airway Boulevard from a point near Vance Road to a point
      approximately 490 feet northwesterly, adjacent to the National
      Micro-Dynamics/Former Lutex Property, for the purpose of superfund 

      remedial action.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	Tennessee Department of Health and Environment or
      the State of Tennessee shall execute the Indemnification Agreement 

      in the form 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.)	Tennessee Department of Health and Environment
      agrees to vacate the right-of-way upon thirty (30) days written 
notice
      from the City so to do.
      	      	   3.)	Tennessee Department of Health and Environment
0C
      agrees to provide adequate access for maintenance of any utilities 

      located within the right-of-way.
      	      	  
     
      ADOPTED:  June 11, 1991
     
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