ORDINANCE NO. BL2000-278

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing eight alleys and three streets located on the Vanderbilt University campus (Proposal No. 2000M-015U-10), 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: There is no future need for said portion of said streets and alleys for Metropolitan Government

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 Ordinance No. BL99-75, be and is hereby amended, as follows:

That Alley #636 from 25th Avenue South to its terminus slightly beyond 24th Avenue South; Alley #638 from 25th Avenue South to its terminus at Alley #603; Alley #603 from Kirkland Place to its terminus at Alley #638; Alley #911 from 28th Avenue South to its terminus at Alley #914; Alley #914 from 28th Avenue South to its terminus at Alley #911 and from Alley #913 to its western terminus, but not section over near 29th Avenue South; Alley #912 from 28th Avenue South to its terminus at Alley #913; Alley #913 from 28th Avenue South to its terminus at Alley #912; 24th Avenue South between West End Avenue and its terminus at Alley #636 and between Highland Avenue to its terminus at Garland Avenue; Kirkland Place from 25th Avenue South to its terminus; and Garland Avenue from 25th Avenue South to its terminus at 24th 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, are 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 this ordinance take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ginger Hausser

View Sketch

AMENDMENT NO. 1

TO

ORDINANCE NO. BL2000-278

Mr. President:

I move to amend Ordinance No. BL2000-278 by adding the following language to Section 1 thereof:

"Provided, however, that upon the closure of Garland Avenue and the portion of 24th Avenue South, Vanderbilt University shall continue to permit said streets to be used by members of the public as a right-of-way. In the event said streets are not permitted to be used by members of the public as a right-of-way or properly maintained, then and in such event, said streets shall revert to the Metropolitan Government and become public streets; That Vanderbilt University shall maintain said streets to at least the same standards of repair as public streets are maintained by the Metropolitan Government; That Vanderbilt University shall indemnify and hold harmless the Metropolitan Government, together with its officers, agents and employees from any and all claims, damages, penalties, costs and attorneys fees arising out of any accident or event occurring in or upon the closed portions of said streets, whether the cause thereof is related to maintenance and upkeep, or for some other reason, subsequent to the effective date of this ordinance; That this ordinance shall not take effect until evidence of the indemnification required by the preceding subsection, in a form and amount satisfactory to the Director of Finance, the Director of Law, and the Director of Public Works, has been furnished to the Metropolitan Government."

Sponsored by: Ginger Hausser
Amendment Adopted: May 16, 2000

LEGISLATIVE HISTORY

Introduced: May 2, 2000
Passed First Reading: May 2, 2000
Referred to: Planning Commission - Approved 8-0 (2/3/00)
Traffic & Parking Commission - Approved 5-0 (5/8/00)
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
Amended: May 16, 2000
Passed Second Reading: May 16, 2000
Passed Third Reading: June 6, 2000
Approved: June 8, 2000
By: Mayor