ENACTED 08/17/1999

SUBSTITUTE ORDINANCE NO. SO99-1757

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of McGavock Street from 9th Avenue South to its terminus at parcel 327 on tax map 93-9, a portion of 10th Avenue South from Demonbreun Street north to its terminus at McGavock Street, and all of 10th Avenue South Extension from McGavock Street south to its terminus at parcel 318 on tax map 93-9 upon the consolidation of parcels 313-318 on tax map 93-9 abutting portions of McGavock Street, 10th Avenue South, and 10th Avenue South Extension into one plat and on that plat showing ingress and egress easements as well as utility easements to parcel 327 on tax map 93-9 (Proposal No. 99M-056U, Frist Center for the Visual Arts, Inc.), all of which is more particularly described herein.

WHEREAS: It is the desire of all the abutting property owners that said closures be accomplished; and

WHEREAS: With the recording of an approved plat consolidating certain parcels and providing for all necessary easements, there is no future need for said portions of portion of McGavock Street from 9th Avenue South to its terminus at parcel 327 on tax map 93-9, said portion of 10th Avenue South from Demonbreun Street north to its terminus at McGavock Street, and all of 10th Avenue South Extension from McGavock Street south to its terminus at parcel 318 on tax map 93-9; and

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 Ordinance No. O98-1473, be and is hereby amended, as follows:

That a portion of McGavock Street from 9th Avenue South to its terminus at parcel 327 on tax map 93-9, a portion of 10th Avenue South from Demonbreun Street north to its terminus at McGavock Street, and all of 10th Avenue South Extension from McGavock Street south to its terminus at parcel 318 on tax map 93-9; 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, are hereby closed.

SECTION 2. BE IT FURTHER ENACTED, THAT said street closures will not become effective until Frist Center for the Visual Arts, Inc. records an approved plat consolidating parcels 313-318 on tax map 93-9 surrounding the streets to be closed as identified on the attached sketch, and providing a permanent ingress and egress easement as well as utility easements to parcel 327 on tax map 93-9.

SECTION 3. 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 4. 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 5. 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 6. BE IT FURTHER ENACTED, That this ordinance take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Julius Sloss & Tim Garrett

View Sketch

LEGISLATIVE HISTORY

Substitute Introduced: August 3, 1999
Referred to: Planning Commission - Approved 8-0 (7/8/99)
Traffic & Parking Commission - Disapproved 5-0-1 (6/14/99)
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
Deferred: August 3, 1999
Passed Third Reading: August 17, 1999
Approved: August 20, 1999
By: mayor.gif (527 bytes)