ORDINANCE NO. BL2005-533

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing an unbuilt 63-foot portion of Alley #618, located south of Map 092-08, Parcels 138 and 139, near the intersection of Jo Johnston Avenue and Fisk Street. (Proposal No. 2004M-081U-08)

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

WHEREAS: The closure has been requested by Dr. Jeffrey K. and Jola Moore, property owners; and

WHEREAS: There is no future need for said portion of said alley 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 an unbuilt 63-foot portion of Alley #618, located south of Map 092-08, Parcels 138 and 139, near the intersection of Jo Johnston Avenue and Fisk 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, 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: Ludye Wallace

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LEGISLATIVE HISTORY

Introduced: February 1, 2005
Passed First Reading: February 1, 2005 
Referred to: Planning Commission - Approved 8-0
(September 9, 2004)
Traffic & Parking Commission - Approved 6-0
(September 13, 2004)
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
Passed Second Reading: February 15, 2005 
Passed Third Reading: March 15, 2005 
Approved: March 18, 2005 
By: