Subject: 21159/TmpUsg/HigherTech/745-750E.MainStr
Date: Fri, 26 Jan 1990 10:12:00 -0500


                            RESOLUTION NO.    21159 
                 
                 
                  A RESOLUTION AUTHORIZING HIGHER TECHNOLOGY
                  SERVICES, INC., D/B/A CHATTANOOGA ONLINE, TO
                  USE TEMPORARILY A PORTION OF THE CITY'S RIGHT-
                  OF-WAY LOCATED ABOVE AND BETWEEN TWO (2)
                  BUILDINGS, ONE (1) ON 745 EAST MAIN STREET AND
                  THE OTHER ON 750 EAST MAIN STREET, FOR RUNNING
                  A SPECIAL HIGH-SPEED DATA TRANSMISSION CABLE
                  BETWEEN SAID BUILDINGS, SUBJECT TO CERTAIN
                  CONDITIONS.
                 
                 
                                                    
                 
                 
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Higher Technology Services, Inc.,
       d/b/a Chattanooga Online (hereinafter referred to as "Temporary
       User") be and is hereby permitted to use temporarily a portion of 

       the City's right-of-way, more particularly some space above and
       between two buildings, one on 745 East Main Street and the other
       on 750 East Main Street, for running a special high-speed data
       transmission cable between these buildings located on either side 

       of East Main Street;
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.   Temporary User 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.   Temporary User agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
0C
      
       	    	 3.   Temporary User shall provide adequate access for
       maintenance of any utilities located within the easement.
       	    	 4.   Temporary User shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
       	    	 5.   Temporary User agrees to vacate the property no
       later than six months from the passage of this Resolution, and
       this temporary use shall terminate on April 15, 1997.
      
       ADOPTED:	 October 15, 1996
      
       :cjc
0C
      
                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and HIGHER TECHNOLOGY SERVICES, INC. D/B/A CHATTANOOGA
       ONLINE (hereinafter "Temporary User"), this _____ day of
       ______________, 1996.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the City's right-of-way, more
       particularly some space above and between two buildings, one on
       745 East Main Street and the other on 750 East Main Street, for
       running a special high-speed data transmission cable between 
these
       buildings located on either side of East Main Street, and for
       other good and valuable consideration, the receipt of which is
       hereby acknowledged, Temporary User agrees as follows:
       	    	 1.  Temporary User 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 afore-
       mentioned temporary use, subject to the terms and limitations of
       the Tennessee Claims Commission Act, T.C.A. A7A7 9-8-301, et 
seq.
       	    	 2.  Temporary User 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.  Temporary User will restore the property to 

       its original condition when it is returned to the City.
0C
       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     HIGHER TECHNOLOGY SERVICES, INC.
       	    	      	   	     d/b/a CHATTANOOGA ONLINE
      
      
       	    	      	   	     BY:_________________________________
       	    	      	   	     	 
      
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   
BY:_________________________________
       Date                               GENE ROBERTS, Mayor