ORDINANCE NO. BL2004-123

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 #1059 and an unnumbered alley that runs between North Avondale Circle and Avondale Circle (Proposal No. 2003M-109U-03).

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

WHEREAS: The closure has been requested by Gene and Teresa George, adjacent property owners; and

WHEREAS: There is no future need for said portion of said 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. BL2003-63, be and is hereby amended, as follows:

That #1059 and an unnumbered alley that runs between North Avondale Circle and Avondale Circle, 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 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: Jamie Isabel.

Amendment No. 1
To
Ordinance No. BL2004-123

Mr. President:

I move to amend Ordinance No. BL2004-123 as follows:
1. By deleting the phrase “alley #1059 and”, wherein it appears in Section 1.
2. By substituting the sketch attached to the ordinance and referenced in Section 1 with the attached new sketch.

Sponsored by: Jamie Isabel

View Sketch

LEGISLATIVE HISTORY

Introduced: January 20, 2004 
Passed First Reading: January 20, 2004 
Referred to: Planning Commission – Approved 8-0
(12/11/03)
Traffic & Parking Commission – Approved 6-0 (01/12/04)
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee 
Passed Second Reading: February 3, 2004 
Deferred: February 17, 2004
Amended: March 16, 2004
Deferred: March 16, 2004
Deferred: April 6, 2004
Deferred to May 18, 2004: April 20, 2004
Deferred Indefinitely: May 18, 2004
Passed Third Reading: October 4, 2005 
Approved: October 6, 2005 
By: