HomeMy WebLinkAboutOrdinance 62- 838, Vacates part of South Tracy Avenue
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ORDINANCE NO. 838
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AN ORDINANCE OF rrHE CITY OF BOZEMAN, MONTANA VACArING
ALL OF 'IRA T PORrl'ION OF SOUTH 'l'RACY A VENUE FROM THE SOUTH
LINE OF EAST GARFIELD STREET TO THE SOUTH LINE OF THE
UNIVERSITY SUBDIVISION IN llIE CITY OF BOZEMAN, MONTANA
WHEREAS, certain property owners owning property abutting that portion of I
South Tracy Avenue from the South line of East Garfield Street to the south line
of the University Subdivision to the City of Bozeman, Montana, have presented to
the City Commission a petition asking the City Commission to institute the neces-
sary proceedings to vacate all of that portion of South Tracy Avenue from the
South line of East Garfield Street to the South line of the University Subdivision
to 'the City of Bozeman; and
WHEREAS, on the 31st day of October, 1962, at its regular meeting, the said
City Commission passed and adopted Commission Resolution No. 1057 decl~ring it
to be the intention of the said City of Bozeman to vacate all of that portion of
South Tracy Avenue from the South line of East Garfield Street to the South line
of the University Subdivision in the City of Bozeman, Montana, and directing the
City Manager of the City of Bozeman to give notice thereof in the manner and 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 describes the streets 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 7th day of November, 1962, at 1:00 o'clOCk p.m., at
the Commission Room in the City Hall Building of the Ci ty of Bozeman; and
WHEREAS, on the 7th day of November, 1962, at its regular meeting, the said
City Commission fully heard objections to and evidence in support of said vacation;
and
Wlffi'REA S , the City Manager having given notice of the adoption of said Reso-
lution of Intention for the time and in the manner as by law provided, and the
time for objections as set forth in said notice having expired and the objections I
made being considered insufficient, 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 November '1, 1962, theCit1 Commission in regular session assem-
bled, did then and there determine that all of that portion of South Tracy Ave-
nue from the South line of East Garfield Street to the South line of the Univer-
sity Subdivision in the City of Bozeman, Montana, should be vacated and such
determination was entered upon the minutes of said meeting, and did then and
there determine and decide tnat such vacation could be made without detriment
to the public interest and should be made in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CO~~1ISSION OF THE CITY OF BOZEMAN:
Section 1
The t the following described portion of South Tracy Street in the Ci ty of
Bozeman, Montana, be, and the same is hereb1, vacated and discontinued:
All of that portion of South Tracy Avenue from the
South line of East Garfield street to the South line
of the University Subdivision to the City of Bozeman,
Mon tana ;
Sec tl.on 2'
This ordinance shall be in full force and effect from and after thlrt1
(30) days after its adoption.
Adopted at a regular meeting of the City Commission of the City of Bozeman
held this '/th day of November, 1962 .
sf Fred M. Staudaher I
Ma yor
ATTEST:
sf c. K. Wilson
Clerk of tne City Commission
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I
Published in Bozeman Daily ChroniCle Nov. l4tn , 1962 .
State of Montana )
County of Gallatin) ss
City of Bozeman )
I, C. K. WiLson, Clerk of the Commission of The
City of Bozeman, do hereby certify that the foregoing
Ordinance No. ~38 W&S pubLiShed by title and number
in the Bozeman DaiLy Chronicle, a newspaper of general
circulation printed and published in said City in the
issue of November 14th, 1962, and due proof of such
publication is on fiLe in my office.
IN WITNESS WHEREuF I nereby set my hadn and affix
tne corpora te seal of my office this 'lth da y of May, 1963.
I (5/ 1:~-tU~')
Clerk f the City Commlss~on
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