ORDINANCE NO. O98-1197

ENACTED 06/02/1998

ORDINANCE NO. O98-1197

AN ORDINANCE TO AMEND THE OFFICIAL STREET AND ALLEY ACCEPTANCE AND MAINTENANCE MAP FOR THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, BY CLOSING ALLEY NO. 132 (HOG ALLEY) (PROPOSAL NO. 98M-053U), ALL OF WHICH IS MORE PARTICULARLY DESCRIBED HEREIN.

WHEREAS, it is the desire of all the abutting property owners that said closure be accomplished; and

WHEREAS, there is no further need of the alley for alley purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, as enacted by Ordinance No. O96-582, be and is hereby amended, as follows:

That Alley No. 132 which is more particularly described by lines, words and figures on the sketch which is attached to and made a part of this ordinance as though copied herein, is hereby closed.

SECTION 2. BE IT FURTHER ENACTED, That easements are herein retained by The Metropolitan Government of Nashville and Davidson County, its agents, servants, and/or contractors and utility companies operating under franchise from the Metropolitan Government for the right to enter, construct, operate, maintain, repair, rebuild, enlarge, and patrol its now existing or future utilities, including drainage facilities, together with their appurtenances, and the doing of any and all things necessary and incidental thereto.

SECTION 3. BE IT FURTHER ENACTED, That in the event there is proposed any construction over, above, or under said existing utilities that said construction shall have the approval of the Director of Public Works and/or the Director of Water and Sewerage Services, together with the approval of the Nashville Electric Service, Nashville Gas Company, BellSouth Telecommunications, Inc., InterMedia, A.T.S. Network Communications, Hyperion of Tennessee, T.C.G. Telecom Group, Metro Access Networks (MCI), and Nextlink.

SECTION 4. BE IT FURTHER ENACTED, That the Director of the Department of Public Works be and is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause said change to be made on said Map as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

SECTION 5. BE IT FURTHER ENACTED, That the owners of the property abutting that portion of Alley No. 132 which is being closed by this ordinance are hereby notified that any relocation of public utility facilities from this alley shall be done at the expense of said abutting property owners.

SECTION 6. BE IT FURTHER ENACTED, That this ordinance shall take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.