ORDINANCE NO. BL2000-209
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Pierce Avenue from 24th Avenue South to the western edge of Alley # 639 (Proposal No. 2000M-014U-10); and by closing Capers Avenue from 25th Avenue South to the western edge of Alley 639 and 23rd Avenue from Capers Avenue to Blakemore Avenue (Proposal No. 2000M-015U-10), all of which is more particularly described herein.
WHEREAS: It is the desire of all the abutting property owners that said closures be accomplished; and,
WHEREAS: There is no future need for said portion of said streets 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. BL99-75, be and is hereby amended, as follows:
That Pierce Avenue from 24th Avenue South to the western edge of Alley # 639; Capers Avenue from 25th Avenue South to the western edge of Alley # 639; and 23rd Avenue South from Capers Avenue to Blakemore Avenue by closed, 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.
Provided, however; that upon the closure of said streets, Vanderbilt University shall continue to permit said streets to be used by members of the public as a right-of-way. In the event said streets are not permitted to be used by members of the public as a right-of-way or properly maintained; then and in such event, said streets shall revert to the Metropolitan Government and become public streets; That Vanderbilt University shall maintain said streets to at least the same standards of repair as public streets are maintained by the Metropolitan Government; That Vanderbilt University shall indemnify and hold harmless the Metropolitan Government, together with its officers, agents and employees from any and all claims, damages, penalties, costs and attorneys fees arising out of any accident or event occurring in or upon the closed portions of said streets, whether the cause thereof is related to maintenance and upkeep, or for some other reason, subsequent to the effective date of this ordinance; That this ordinance shall not take effect until evidence of the indemnification required by the preceding subsection, in a form and amount satisfactory to the Director of Finance, the Director of Law, and the Director of Public Works, has been furnished to the Metropolitan Government.
SECTION 2. BE IT FURTHER ENACTED, (a) That all 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; (b)
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 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. 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: Ginger Hausser & Eileen Beehan
AMENDMENT NO. 1
ORDINANCE NO. BL2000-209
I move to amend Ordinance No. BL2000-209 by amending Section 1 by deleting the following phrase wherein it appears in the last sentence:
"That this ordinance"
and substituting in lieu thereof the following provision:
"That the provisions of this Section".
Sponsored by: Eileen Beehan
Amendment Adopted: April 4, 2000
|Introduced:||March 21, 2000|
|Passed First Reading:||March 21, 2000|
Commission - Approved 8-0 (2/03/00)
Traffic & Parking Commission - Approved 8-0 (4/10/00)
Public Works Committee
Traffic & Parking Committee
Planning & Zoning Committee
|Amended:||April 4, 2000|
|Passed Second Reading:||April 4, 2000|
|Passed Third Reading:||April 18, 2000|
|Approved:||April 24, 2000|