ORDINANCE NO. BL2000-189
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of Alley No. 698 extending from Douglas Avenue south 120 feet and accepting a 50 ft. by 40 ft. portion of Parcel 335 adjacent to Alley 771 as shown on Map 72-13, all of which is more particularly described herein.
Whereas: It is the desire of all the abutting property owners that said closure be accomplished; and,
Whereas: There is no future need for said portion of said Alley No. 698 for alley-way 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:
(a)The Metropolitan Government hereby relinquishes to BellSouth Communications, Inc. a Georgia corporation, its right, title and interest in and to that portion of Alley 698 extending from Douglas Avenue south 120 feet as shown on the attached exhibit, subject to the conditions hereinbelow set forth; and contingent on receipt of an appropriate instrument dedicating to the Metropolitan Government that property described in paragraph (b) of this section.
(b) That portion of Parcel 335, measuring approximately 50 ft. by 40 ft, adjacent to Alley 771 on Map 72-13, indicated on the attached exhibit, which exhibit is fully incorporated herein having been dedicated by BellSouth Telecommunication, Inc., to the Metropolitan Government, is accepted by the Metropolitan Government as public right-of-way.
Section 2. 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. 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. 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. Should any court of competent jurisdiction declare any section, clause, or provision of this ordinance to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause or provisions of this ordinance, it being the express intent of the Metropolitan County Council of the The Metropolitan Government of Nashville and Davidson County that the remainder of this ordinance continue in full force and effect.
Section 6. That this ordinance take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Lawrence Hall & Don Majors
AMENDMENT NO. 1
ORDINANCE NO. BL2000-189
I move to amend Ordinance No. BL2000-189 by deleting the phrase "Alley 771" where it appears in the bills Caption, and in Section 1(b), and substituting in lieu thereof the phrase "Alley 711".
Sponsored by: Don Majors
Amendment Adopted: March 21, 2000
|Introduced:||March 7, 2000|
|Passed First Reading:||March 7, 2000|
Commission - Approved 7-0 (1/6/00)
Traffic & Parking Commission - Approved 7-0 (2/14/00)
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
|Amended:||March 21, 2000|
|Passed Second Reading:||March 21, 2000|
|Passed Third Reading:||April 4, 2000|
|Approved:||April 5, 2000|