HomeMy WebLinkAboutOrdinance 77- 981, Vacates alley in Tracy's second addition
415
ORDINANCE NO. 981
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THE ALLEY IN TRACY'S
SECOND ADDITION TO THE CITY OF BOZEMAN, MONTANA.
WHEREAS, certain property owners owning property abutting the hereinafter described alley in
Tracy's Second Addition in the City of Bozeman, Montana, having presented to the City Commission a
petition asking the City Commission to institute the necessary proceedings to vacate the same; and,
I WHEREAS, the City Commission on the 22nd day of December 1976, at its regular meeting, passed
and adopted Commission Resolution No. 1854, declaring it to be the intention of the City Commission
of the City of Bozeman to vacate the said alley in Tracy's Second Addition in the City of Bozeman,
Montana, and directing the City Manager to cause notice of the adoption of the resolution to be
served in the manner that service of summons is required on all persons whose property abuts on
that said portion of the alley in Tracy's Second Addition which will be affected by the proposed
vacation, and by publication once in a daily newspaper in general circulation in the City of Bozeman,
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, to wit, on the 4th day of January 1977, as appears
from the Affidavit of Publication of the publisher of said Bozeman Daily Chronicle, which is on
file with the Clerk of the City Commission of the City of Bozeman; and,
WHEREAS, said notice of the adoption of said resolution has been served in the manner of the
service of summons in civil actions upon all persons whose property abuts upon the said portion of
the alley in Tracy's Second Addition in the City of Bozeman, Montana, which will be affected by the
proposed vacation, which said notice designated Wednesday, the 26th day of January, 1977, at 1:15
o'clock p.m. at the Commission Room in the City Hall Building, Bozeman, Montana, as the time and
place for hearing objections; and
WHEREAS, on the 2nd day of February, 1977, at its regular meeting, the City Commission fully
heard objections to and the evidence in support of said vacation and the Commission finds that less
than 51% of the affected property owners objects to the proposed vacation; and,
I NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN:
Section 1
That the following described alley in Tracy's Second Addition be, and the same is hereby vacated
and discontinued:
An alley twenty (20) feet wide located in Tracy's Second Addition to
the City of Bozeman, Block C, between Lots 4 thru 10 inclusive on
the south and Lots 11 thru 17 inclusive on the north to be vacated
reserving to the City an easement for utilities and provided that
said alley shall not be obstructed.
Section 2
This ordinance shall be in full force and effect from and after 30 days after its adoption.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Bozeman, held
this 26th day of January 1977.
JAMES W. VOLLMER, Mayor
ATTEST:
~....:o / ':Y/ :/'
/ r:: //. 'ry' .......... ~
~iNAf~HARD_jN~' <,2:". c_ .
Clerk of the City Commission
State of Montana
County~of Gallatin
I City of' Bozeman
I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Ordinance No. 981 was published by Title and Number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in
Bozeman in the issue of the 16th day of February 1977, 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 16th day of February 1977.
/ "/ .", ,/
P c::/ = ~ // <'" ~'M' -- L~~~
/ ..' . -:;:-"'/(./-"~
ERNA V. HARDING, ,-
Clerk of the City Commission
ORDINANCE NO. 981