Subject: 19597/TempUsage/G.B. Pierce/Inter.-Ga.Ave & 4th St
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19597
                  
                  
                   A RESOLUTION AUTHORIZING G. B. PIERCE TO USE
                   TEMPORARILY A 10-FOOT STRIP OF LAND OWNED BY
                   THE CITY OF CHATTANOOGA NEAR THE INTER-
                   SECTION OF GEORGIA AVENUE AND FOURTH STREET
                   TO INSTALL AN ELECTRIC SERVICE LINE, UPON
                   CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that G. B. Pierce (hereinafter referred 
to
       as "Pierce") be and is hereby permitted to use temporarily a
       10-foot strip of land owned by the City of Chattanooga near the
       intersection of Georgia Avenue and Fourth Street, more
       particularly described on the map attached hereto and 
incorporated
       herein by reference, to install an electric service line.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Pierce 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.)  Pierce agrees to vacate the property and temporary
       use upon reasonable notice from the City to do so.
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       	    	 3.)  Pierce shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
      
       ADOPTED:	 September 22, 1992
      
       :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 G. B. PIERCE (hereinafter "Pierce"), this _____ day
       of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of a 10-foot strip of lane owned by the City of
       Chattanooga near the intersection of Georgia Avenue and Fourth
       Street to install an electric service line in said right-of-way,
       and for other good and valuable consideration, the receipt of
       which is hereby acknowledged, Pierce agrees as follows:
       	    	 1.  Pierce 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, subject to the terms and limitations of the Tennessee Claims 

       Commission Act, T.C.A. A79-8-301, et seq.
       	    	 2.  Pierce 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.  Pierce will restore the property to its original condition 

       when it is returned to the City.
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       	    	 3.  Pierce will provide adequate access for maintenance
       of any utilities located within the easement.
      
       	    	      	   	     	 
       	    	      	   	     ___________________________________
       	    	      	   	     G. B. PIERCE
       ___________________________
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR