Subject: 19664/TempUsage/SCBell/Duncan Avenue
Date: Fri, 26 Jan 1990 10:12:00 -0500


                  
                               RESOLUTION NO. 19664
                  
                  
                   A RESOLUTION AUTHORIZING SOUTH CENTRAL BELL
                   TO USE TEMPORARILY DUNCAN AVENUE LOCATED
                   SOUTHEAST FROM DODDS AVENUE NORTHEAST OF
                   CHAMBERLAIN AVENUE, AND WOODWARD AVENUE
                   LOCATED NORTHEAST FROM DUNCAN AVENUE
                   SOUTHEAST OF DODDS AVENUE, UPON CERTAIN
                   CONDITIONS.
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that South Central Bell (hereinafter
       referred to as "SCB") be and is hereby permitted to use
       temporarily Duncan Avenue located southeast from Dodds Avenue
       northeast of Chamberlain Avenue and Woodward Avenue located
       northeast from Duncan Avenue southeast of Dodds Avenue.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  SCB 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.)  SCB agrees to vacate the property and temporary use
       upon reasonable notice from the City to do so.
0C
       	    	 3.)  SCB shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
       ADOPTED:	 December 8, 1992
      
       :cjc
0C
      
                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and SOUTH CENTRAL BELL (hereinafter "SCB"), this _____
       day of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of Duncan Avenue located southeast from Dodds 
Avenue
       northeast of Chamberlain Avenue and Woodward Avenue located
       northeast from Duncan Avenue southeast of Dodds Avenue, and for
       other good and valuable consideration, the receipt of which is
       hereby acknowledged, SCB agrees as follows:
       	    	 1.  SCB 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.  SCB 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.  

       SCB will restore the property to its original condition when it 
is
       returned to the City.
0C
       	    	 3.  SCB will provide adequate access for maintenance of
       any utilities located within the easement.
      
       	    	      	   	     SOUTH CENTRAL BELL
       	   
      
       	    	      	   	     BY:________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR