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HomeMy WebLinkAboutOrdinance 58- 804, Vacating portion of McAdow Avenue 4:65 ORDINANCE NO. 004 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, VACATING A PORTION OF McADOW AVENUE IN SAID CITY OF BOZEMAN, MONTANA WHERF..AS, certain property owners owning property abutting on a portion of McAdow Avenue extending from East Main street to East Babcock Street in Northern Pacific Addi- tion to the City of Bozemaqhave presented to the City Commission a petition asking the City Commission to institute the necessary proceedings to vacute a portion of McAdow Avenue in the said City of Bozeman hereinafter more particularly described; and I WHERF...AS, on the 9th day of October 1957, at its regular meeting the said Ci ty Com- mission passed and adopted Commission Resolution No. 869 declaring it to be the inten- tion of the said City of Bozeman to vacate a portion of McAdow Avenue in said City and directing the City Manager of the City of Bozeman to give notice thereof in the manner anti for the time as provided by law; and WHEREAS, pursuant to said Resolution, notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle at least once before said Resolution was acted upon, as appears by the affidavit of the publisher of said Bozeman Daily Chronicle on file with the Clerk of the City Commission and which said notice described the portion of McAdow Avenue in the City of Bozeman to be vacated and giving notice that the hearing on said Resolution would be held at the regular meeting of the City Commission to be held on the 16th day of October, 1957, at 1:00 o'clock P.M. at the Commission Room in the City Hall Building of the City of Bozeman; and WHEREAS, on the 16th day of October, 1957, at its regular meeting, the saidCity Commission fully heard objections to and evidence in support of said vacation; and WHEREAS, hearing on the said Resolution No. 869 was continued indefinitely; and WHEREAS, the City Manager having given notice of the adoption of said Resolution of' Intention for the ti'!1e and in the manner as by law provided, and the time for objec- tions as set for th in said notice having expired and the objections made being considered insuff'icient, and it appearing that all provisions of' the law in such cases made and provided had been fully met and complied with; and WHEREAS, on April 9, 1)58, the City Commission in regular session assembled, did then and there determine that such portion of the avenue shol~d be vacated and such de- termination was entered upon the minutes of said meeting, and did then and there determine and decide that such vacation of' a portion of McAdow Avenue in the City of Bozeman, Montana, could be made without detriment to the public interest and should be made in I th~ public interest; and WHEREAS, there are presently in place tn the said portion of' said McAdow Avenue proposed to be vacated certain sewer and water lines belonging to the City of Bozeman and certain gas lines belonging to The Montana Power Company, irghts-of-way for which must be preserved; and WHEREAS, it is an express condition of the vacation of' said portion of' said McAdow A ven ue that the abutting property owner or owners to whom said street area will revert give and grant unto the City of' Bozeman an easement and right-of-way f'or said sewer lines and water lines and for any other public utility installed therein or to be here- after installed therein, and that they give and grant unto The Montana Power Company an easement and right-of-way for said gas line, and in the event that said property owners shall fail or refuse to grant said easements this ordinance shall be of no force and effect. ,. NOW, THERgFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: SECTION 1. That the following described portion of McAdow Avenue in the said City of Bo.,.eman, be, and the same is hereby vacated anddscontinued: That portion of McAdow Avenue extending from East Main Street to East Babcock Street in Northern Pacific Addition to the City of Bozeman. SECTION 2. This ordinance shall be in full ofrce and eff'eet from and after thirty days after its adoption. Adopted at a regular meeting of the City Commission of the City of Bogeman held this 9th dayof' April 1958. Attest: ~~ ~.~n_J/ L~ - ~.. ~~--d.~ I Clerked' the i ty Commission 1958. a, or Published in Bozeman Daily Chronicle April 11th, State of' Montana ) Co,mty of Gallatin) ss I, L. G. Shadoan, Clerk of the Commission of The City of B~eman do hereby certify thst the foregoing Ordinance No. 80~. was published by title and number in the Bozeman D"lHly Chronicle, a newspaper of general circulation, printed andpublished in said City in the issue of April 11th, 1958, and due proof' of' such publication is on f'ile in my office. IN WITNESS WHEREOF I hereunto set my harld and af'fix the corporate seal of my office this 14th day d: Apr iI, 1958. - ,~~~~~ Clerk of' theCity Commission