Resolution 3991 - Discontinue a Portion of 5th Ave E and a Portion of Alley between 5th & 6th Ave E133
RESOLUTION NO. 3991
A RESOLUTION TO DISCONTINUE A PORTION OF FIFTH AVENUE EAST AND A
PORTION OF THE ALLEY BETWEEN FIFTH AND SIXTH AVENUE, BLOCK 206,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
WHEREAS, on the 15th day of March, 1991, the City of Kalispell
received a petition from the Board of Trustees, Flathead School
District No. 5, the owner of 75% of the lots in the 800 Block of
5th Avenue East and 75% of the lots in Block 206, Kalispell,
Montana, requesting that the City of Kalispell vacate said alley
pursuant to Section 7-14-4114, MCA, and
WHEREAS, notice of said petition was published in the Daily
Inter Lake, a daily newspaper, published in Kalispell, Montana
on the 9th day of June, 1991, and
WHEREAS, on the 17 day of June, 1991, the City Council of the
City of Kalispell held a public hearing to hear proponents and
opponents on the closure, and to further determine any action
that would serve the public interest, and
WHEREAS, it was determined that the petition hereinbefore
mentioned was properly presented to the Council, and
WHEREAS, it was determined, at said public hearing, that the
discontinuance of the within described Fifth Avenue East and the
alley between Fifth and Sixth Avenues East, Block 206, Kalispell,
Montana, would be in the public interest, provided that the City
condition the discontinuance of said Street and Alley upon the
continued use of Hedges School by Flathead School District No. 5
for school purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. That the portion of Fifth Avenue East and
the portion of the alley between Fifth Avenue East and
Sixth Avenue East, Block 206, Kalispell, Montana, more
particularly described in Exhibit "A" attached hereto
and thereby made a part hereof, is hereby discontinued
as the same is no longer required for public use and
the public interest will be served by the
discontinuance.
SECTION II. That said discontinuance is conditioned on
the continued use of Hedges School by Flathead School
District No. 5 for school purposes and the City
reserves, unto itself, the right to re -open said Street
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and/or Alley, in the event Flathead School District No.
5 ceases to use Hedges School for school purposes or
sells any portion of the Fledges School property to an
individual, corporation, partnership or other entity.
SECTION III. This Resolution shall take effect and be
in force from and after thirty (30) days of its passage
by the City Council and signature of the Mayor.
PASSED AND APPROVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF KALISPELL, THIS 17 DAY OF JUNE, 1991.
DO UGL D. RAUTHE-- MAYOR
ATTEST:
Fina ce Director
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and/or Alley, in the event Flathead School District No.
5 ceases to use Hedges School for school purposes or
sells any portion of the Hedges School property to an
individual, corporation, partnership or other entity.
SECTION III.
This Resolution shall take
effect and be
in force from
and after thirty (30) days
of its passage
by the City Council
and signature of the
Mayor.
PASSED AND APPROVED
BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY
OF KALISPELL, THIS
17 DAY OF JUNE, 1991.
ATTEST:
Fina ce Director
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EXHIBIT "A"
PARCEL I.
Fifth Avenue East, from the South boundary of Eighth
Street East to the North boundary of Lot 8, Block 206,
Kalispell Addition No. 3, and
PARCEL II.
The alley between Fifth and Sixth Avenue East, from the
South boundary of Eighth Street East to the North
boundary of Lot 8, Block 206, Kalispell Addition No. 3.
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