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HomeMy WebLinkAboutOrdinance 35- 659, Vacates portion of Juniper Street and alley in Block 110 of Northern Pacific Addition Proof Bes4 462 and Checked //- ~l:_~~-.._- -:1~];~~~J:.~.f;..~ ORDINANCE NO. 659. AN ORDINANCE OF THE CITY OF BOZEMAN, VACATING AND DISCONTINU- ING ALL THAT PART OF JUNIPER STREET IN SAID CITY LYING BtMEN BLOCKS NUMBERED 110 AND 111 OF NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, AND THE ALLEY IN BLOCK 110 OF SAID NOR~RN I PACIFIC ADDITION TO SAID CITY. WHEREAS there was filed with the Clerk of the Commission of the City of Bozeman, a petition in due form of Northern Pacific Railway Company, a Wisconsin Corporation, and The Sweet Company, Inc., a Montana Corpor- ation, requesting that all that part of Juniper street in said City lying ~ '-..;--; - " - between Blocks Numb$red 110 and 111 of Northern Pacifio Addition to the .'i. -.- ~ . ~-- .,~ City of Bozeman, and the alley in Block Numbered 110 of said Northern -_..~-,~...::...,' ~ Pacific Addition to said Oity, be discontinued and vacated; and WHEREAS said petition was signed by the owners of' all of the property . abutting upon said .t~eet and alley, so requested to be vacated and dis- continued; and WHEREAS at the adjourned session of a regular meeting of' the City Commission of the City of Bozeman, held on Thursday, June 13, 1935, at its regular meeting place'1n the City Hall, said petition "as considered by said Commission, and it was decided to grant the prayer thereof, and the City Attorney was instructed to prepare an appropriate resolution declaring it to be the intention of said City to grant the prayer of said petition 1- under the procedure provided by law, and WHEREAS the said City Attorney upon said date and. at said meeting presented the following Resolution of Intention, to-wit: BE IT RESOLVED by the Commission of the City of Bozeman, Montana: "Section 1. That it is hereby deolared to be the intention of the .. City of Bozeman and the Oommission of said City to vaoate and disoontinue all that part of Juniper Street, in said City, lying between B100ks numbered \ 110 and 111 of Northern Pacific Addi tion to the City of Bozeman, whioh street runs East and West betw-.n said Blocks 110 and 111, and the alley in Block 110 Northern Pacifio Addition, reserving to the said City the right of way for the constructio. 1n the future of a sewer along, upon and across said portion of said street to be so discontinued and vacated. Section 2.. That the regular meeting of' said City Co~ssion to be held Friday, July 5th, 1935, at 7:30 o'clock P.M. of said day, at the re- gular meeting place of the Oity Commission, in the Oity Hall of the City of 'I. Bozeman,is the time and the plaoe when and where objeotions will be heard to the granting of said petition and to the passage of an ordinance pur- auant to this Resolution of I~tention, and the City Manager i8 hereby order- ed to ,cause notioe of this Resolution to be served personally upon all per- sons whose property abuts upon that portion of said Juniper Street lying be- tween Blooks 110 and 111 in Northern Pacific Addition to Bozeman, proposed to bevaeat'4td andd1scontlnued 1n the manner tbat..rvice Qf summons is re- quired to be made in Civil aotions, and to be publi.shed ODce in the Bozeman >10';:"'. 46~ Daily Chronicle as to all suoh persons who cannot be pe!sonally served;" which resolution was then and there unanimously adopted by said Com- mission; and. - ~ / WHEREAS at the regular meeting of said City Commission b,eld a~_"~ time :1 - ~ ~ and place appointed in said Resolution of Intention, the matter was 01' unani- mous vote of the Commission continued until Friday, the 12th day of July, 1935, at 7:30 o'clock P.M. of said day at the regular meeting place of the Commission; and . WHEREAS at said regular meeting so held on said 12thd&y of July, 1935, the me. tter was taken up and it appearea to the CoMnission that DOtioe of the ~t~e and place tor hearing objections to the granting of said petition has been served and published as therein specified, as more fully appears from the re- turn of the City Manager and the proof of publication on file with the Com- mission, saidpetitlon came on to be heard, and no objections havi,ng been filed to the granting ~her8of', and no person appearing in opposition thereto; and it further appearin& to ~bP Commission that the petitioner Northern Pacific Rail- way Company has offered and agreed that 1n the event the City of Bozeman shall -deem it advisablet~ construct said, sewer abdve mentipned, in.~ general easter- ly direction across that portion ~f Block 111 of said Northern Pacifio Addition to Bozeman, which 11es South of the Alley, which runs east and west through said -I Block, instead and in lieu of the constru.otion of such sewer in, upon and along ... .' . said Juniper street, as,herein a.t~er reserved that said Rulway Company will in '. such event grant said ci ty a right of way for the oonstruotion _of sa'~d sewer in .,,---- ~ - ,.' an easterly dlreetlon along and over sai~ portion af said Block l~lying south of the alley therein, along sUCh-Cours. and line as maybe establis~~ pre- - .- . scribed by the City Engineer of said City, without consideration't'rom said City other than the passage of this ordinance) NOW, THEREFORE,ln oonsideration af the premises and the agreement of said Railway Company to grant said easeaent fer a right of way over and across said property as aforesaid; BE IT ORDAINED by the Commission of the Ci tyot Bozeman: 1 Section 1. That all that part of Juniper Street in said ci ty lying between Blocks 110 and 111 of Northern Paoific Addition to the City of Bozeman, and the alley in Blook 110, Northern Pacific Addition to said City, be and the same, and each thereof, is hereby discontinued and vacated, reserving to the said City the 01 right of way for the oonstruc'bion 1n the future of a sewer along, upon and. ae- \ ross said portion of sald street hereby discontinued and vacated. Section 2. The petitioner, The Sweet Company, Inc., shall pay all costs and expenses of the passage of this ordinance, inoluding the cpsts and expen- ses of the necessary publication or publications thereof. Section 3. This ordinance shall beoame effective 8nd be in foroe from and after the expiration of thirty-days tram and after its final passage. Officially passed by the Commission of the City of BQ.zem.an this /7 -tL ."'.". 464 . day or_ July, 1935. jf t!.#~ ATTESlpct,:- ~ Mayor.. . _. - ,.. .. '. ;-EDdorsed Read for the first time and prOVisiOnal~Y 'passed by the I' Commission of the City of Bozeman, the 12th day of July, 1935. ~ ' Final passage fixed for regular meeting of the Comm1~sion the J 7. -, day of . ~_ , 1935. NO~OViSional passage published in the Bozeman Daily Chronicle the day of' 1935. --tL Notice of final passage published in Bozeman Daily Chronicle the ;;<.!;;; - _ day o:rr~:;:( l;;ti day or' ~ 1935. .." I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, Montana, hereby certify that the foregoing Ordinance No. 659 of the City of Bozeman, was published by title in the Bozeman Daily Chronicle, a daily newspaper of generalc1rculat1on, printed and published in said City - of Bozeman, in -the i.sue of July 25th, .' $Ild the. t due proof of said publi- cation was made and filed 1n my office. IN WITNESS WHEREOF I have hereunto set 'MY hand and the seal of my orrlcs th1.s 25th day or July, 1935. . / _' .1 . .,~- ~~~ .- .-.............':::."~. -=- 'y '. , , - . I