Subject: 19591/TempUsage/Western Union ATS/Fifth & Market
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19591
                  
                  
                   A RESOLUTION AUTHORIZING WESTERN UNION ATS,
                   INC. TO USE TEMPORARILY A RIGHT-OF-WAY ALONG
                   FIFTH STREET AT THE INTERSECTION OF FIFTH
                   STREET AND MARKET STREET TO INSTALL AN
                   UNDERGROUND CONDUIT, UPON CERTAIN
                   CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Western Union ATS, Inc. (hereinafter 

       referred to as "Western Union") be and is hereby permitted to use 

       temporarily a right-of-way along Fifth Street at the intersection 

       of Fifth Street and Market Street to install an underground
       conduit.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Western Union 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.)  Western Union agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
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       	    	 3.)  Western Union shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
       	    	 BE IT FURTHER RESOLVED, that the temporary permit
       granted herein shall be null and void upon the effective date of
       any ordinance granting a franchise to Western Union for said
       conduit, provided that Western Union shall have accepted said
       franchise.
      
       ADOPTED:	
      
       :cjc
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                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and WESTERN UNION ATS, INC. (hereinafter "Western
       Union"), this _____ day of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of the right-of-way along Fifth Street at the
       intersection of Fifth Street and Market Street to install an
       underground conduit in said right-of-way, and for other good and
       valuable consideration, the receipt of which is hereby
       acknowledged, Western Union agrees as follows:
       	    	 1.  Western Union will defend, indemnify, and hold
       harmless the City of Chattanooga, Tennessee, its officers, agents 

       and employees from any and all claims for damages for injuries to 

       persons or property related to or arising out of the
       aforementioned temporary use.
       	    	 2.  Western Union will vacate the property and temporary
       use upon reasonable notice from the City to do so; the parties
       hereto agree that "reasonable notice" shall be deemed to be 
thirty
       (30) days.  Western Union will restore the property to its
       original condition when it is returned to the City.
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       	    	 3.  Western Union will provide adequate access for
       maintenance of any utilities located within the right-of-way.
      
       	    	      	   	     WESTERN UNION ATS, INC.
       	    	      	   	     	 
      
       	    	      	   	     By:________________________________
       	    	      	   	     	  STEVE SHANNON
       ___________________________   	  Vice President
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR