ENACTED 07/21/1998

ORDINANCE NO. O98-1239

AN ORDINANCE TO AMEND THE OFFICIAL STREET AND ALLEY ACCEPTANCE AND MAINTENANCE MAP FOR THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, BY CLOSING MCGAVOCK STREET BETWEEN FOURTH AVENUE SOUTH AND FIFTH AVENUE SOUTH, (PROPOSAL NO. 98M-058U), 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 future need for said portion of said street for street purposes.

NOW, THEREFORE, BE IT ENACTED 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 Council Bill No. 096-582, be and is hereby amended, as follows:

That McGavock Street between Fourth Avenue South and Fifth Avenue South, all of 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 casements 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 propose 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, and South Central Bell Telephone Company.

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 I 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 this ordinance take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Leo Waters


AMENDMENT NO. 1 TO ORDINANCE NO. O98-1239

Mr. President:

I move to amend Ordinance No. O98-1239 by adding the following language to Section 1 of the ordinance after the words "is hereby closed", as follows:

"provided, however, that a public access easement 30 feet in width is retained in the abandoned McGavock Street right-of-way for pedestrian traffic and public trolley service across the Shelby Street Bridge related to attendance of arena and football stadium events."

Sponsored By: Julius Sloss
Amendment Adopted: June 16, 1998