ORDINANCE NO. BL2006-1080

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way and easement of Alley #439 from Compton Avenue to Alley #952 and by abandoning a portion of Alley #952 right-of-way only from Alley #439 eastward approximately 250 feet (Proposal No. 2006M-047U-10).

WHEREAS: The closure has been requested by Weatherford and Associates

WHEREAS: There is no future need for said portion of said Alley #439 & Alley #952 right-of-way for alley
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. 2005-880, be and is hereby amended, as follows:

That Alley #439 right-of-way and easement from Compton Avenue southward to Alley #952 and Alley #952 right-of-way only from alley #439 eastward approximately 250', 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 abandoned.

SECTION 2. BE IT FURTHER ENACTED, That easements are herein retained in Alley #952 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 in Alley #952 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 this ordinance shall not take effect until a new alley running from Alley #952 southward to Delmar Avenue is dedicated, constructed and accepted for maintenance by the Department of Public Works. The new alley must also be accepted for maintenance by Public Works prior to the approval of U and O for permits to construct in this area.

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: Ginger Hausser

View Sketch

LEGISLATIVE HISTORY

Introduced: May 16, 2006
Passed First Reading: May 16, 2006
Referred to: Planning Commission
Traffic & Parking Commission - Approved 5-0
(April 10, 2006)
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
Passed Second Reading: June 6, 2006 
Passed Third Reading: June 13, 2006 
Approved: June 15, 2006  
By: