HomeMy WebLinkAboutOrdinance 56- 789, Vacates Portions of West Lincoln Street and South Sixth Avenue
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ORDINANCE NO. 789
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, VACATING PORTIONS
OF WEST LINCOLN STREET AND SOUTH SIXTH AVENUE IN SAID CITY OF BOZEMAN,
MONTANA.
WHEREAS, Montana State College, an instrumentality of the State of Montana, which
owns all of the property abutting the portions of streets herein vacated, presented to I
the City Commission its petition asking the said City Commission to institute the necess-
ary proceedings to vacate the portions of West Lincoln Street and. South Sixth Avenue in
said City of Bozeman hereinafter more particularly described; and
WHEREAS, said petition was filed for the reason that the proposed location of the
Health and Physical Education Building at Montana State College projects a portion there-
of across West Lincoln Street and for a considerable distance on either side thereof;
and the administration of the said Montana State College has given assurances tha t in
consideration of the vacation of said portions of streets it will improve and main tain
South Eleventh Avenue from Grant Street to Lincoln Street as an all-weather thorough-
fare and will continue to permit and will not at any time prohibit or restrict general
public use of those portions of South Eleventh Avenue, West Grant Street and West Gar-
field Street as are situate on the campus of Montana State College; and
WHEREAS, on the 18th day of January, 1956, at its regular meeting the said City
Commission passed and adopted Commission Resolution No. 804 declaring it to be the
intention of the said City of Bozeman to vacate portions of West Lincoln Street and
South Sixth Avenue in said City and directing the City Manager of the City of Bozeman I
to give notice thereof in the manner and for the time a s 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 portions
of West Lincoln Street and South Sixth 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 25th day of January, 1956, 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 25th day of January and the 1st day of February, 1956, at its re-
gular meetings the said City Commission fully heard objections to and evidence in support
of said vacation; and
WHEREAS, the City Manager having given notice of the adoption of said Resolution
of Intention for the time and in the manner as by law provided, and,,'the time for objec-
tions as set forth in said notice having expired and the objections made being consider-
ed insufficient, and it appearing that all provisions of the law in such cases made and I
provided had been fully met and complied with; and
WHEREAS, on February 1, 1956, the City Commission in regular session assembled,
did then and there dete-r.mine that such portions of streets should be vacated and ,such
determination was entered upon the minutes of said meeting, and did then and there
determine and decide that such vacation of the portions of West Lincoln Street and South
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Sixth Avenue in the City of Bozeman, Montana, could be made without detriment to the
public interests and should be made in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN:
Section 1
I That the following described portions of West Lincoln Street and South Sixth
. Avenue in the said City of Bozeman, be, and the same are hereby vacated and discontinu-
ed:
That portion of West Lincoln Street extending from the West Line (projected)
of the alley in Block Fifty-one (51), of the Capi tol Hill Addi tion to the
City of Bozeman, to a line parallel to and 30 feet Easterly from the North
and South ce-nte.r line of Section Thirteen (13), of Township Two (2) South,
Range Five (5) East; also that portion of South Sixth Avenue extending from
the' South Line o-f West Grant Street to the North Line of West Lincoln Street.
Section 2
That the vacation of the portions of said streets herein ordained is made upon the
express condition that the State of Montana and/or Montana State College will improve
and at all times maintain South Eleventh Avenue from Grant Street to Lincoln Street as
an all-weather thoroughfare and will continue to permit and will not at any time pro-
hibit or restrict general public use of those portions of South Eleventh Avenue, West
Grant Street and West Garfield Street as are situate on the campus of Montana State
College, and should the State of Montana and/or Montana State College fail to so im-
prove and at all times maintain South Eleventh Avenue from Grant Street to Lincoln
_ Street as an all-weather thoroughfare or to continue to permit or at any time prohibit
I or restrict general public use of those portions of South Eleventh Avenue, West Grant
Street and West Garfield street the, and in that event, the vacation of portions of
said streets herein ordained shall become null and void and of no further force and
effect and the said City of Bozeman shall be entitled to reopen the portions of said
streets herein vacated.
Section :3
This Ordinance shall be in full force and effect from and after thirty days after
its adoption.
Adopted at a regular meeting of the City Commission of the City of Bozeman held
this 8th day of February, 1956.
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, - Mayor
ATTEST:
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I Published in Bozeman Daily Chronicle February 13th, 1956.
State of M~ntana (
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County of Gallatin
I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify
that the foregoing Ordinance No. 789 was published by title and number in the Bozeman '
Daily Chronicle, a newspaper of general circualtion printed and published i~l said City
in the issue of February 13th, 1956, and due proof of such publication is on file in my officE
IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office
this 14-th day of February, 1956.
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Clerk of the Commission
Ordinance No. 789