ORDINANCE NO. BL2002-1218

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing certain rights-of-way adjacent to the proposed Symphony Hall site (Proposal No. 2002M-090U-09).


WHEREAS: The Metropolitan Government is the owner of certain real property located in Davidson County,
Tennessee, being the location of the Fire Station and Repair Shop located on the corner of
Fourth and Demonbreun (Map 93-6-4, Parcel 64, 130 4th Avenue South); and

WHEREAS: Ordinance No. BL2002-1050 authorized transfer of the property to the Metropolitan
Development and Housing Agency for development of a music hall for the Nashville
Symphony, subject to certain conditions; and

WHEREAS: Proposed development of the site for the Symphony Hall requires closing certain existing
right-of-way in order to allow for expansion of the site; and

WHEREAS: It is in the best interests of the Metropolitan Government that said right-of-way be closed,

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. BL2001-916, be and is hereby amended, as follows:

That the following right-of-way is hereby closed: the southeast corner of Fourth Avenue South at Shelby Street; the northeast corner of Fourth Avenue South at Demonbreun Street; and the southwest corner of Third Avenue South at Shelby Street, 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.

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 to do 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 any other pertinent departments of the Metropolitan Government or other governmental agency, including the Nashville Electric Service.

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: Ludye Wallace

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2002-1218

Mr. President:

I move to amend Ordinance No. BL2002-1218 by adding the word “temporarily” between the words “herein” and “retained” in Section 2, and by deleting the period and adding following language at the end of Section 2: “, until all utility lines are relocated underground. All easements herein shall be abandoned at such time as all utility lines or drainage facilities are relocated within other existing easements or right of ways.”

Sponsored by: Ludye Wallace
Amendment Adopted: October 15, 2002

LEGISLATIVE HISTORY

Introduced: October 1, 2002
Passed First Reading: October 1, 2002
Referred to: Planning Commission - Approved 7-0
Public Works Committee
Planning & Zoning Committee
Passed Second Reading: October 15, 2002
Passed Third Reading: November 19, 2002
Approved: November 22, 2002
By: Bill Purcell