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HomeMy WebLinkAbout70- Bozeman Refuse Disposal District Landfill Agreement . . ... ., , ' . ~ it ') , ' '7 ,',(o~, 736 I 1 r\ ;~_..a.. ~> .,. LAND FILL AGREEMENT 'l'HIS AGREEMENT, Made and entered into this 12th day of August , 1970, by and between the CITY OF BOZEMAN, MONTANA, party of the first part, and BOZEMAN REFUSE DISPOSAL DISTRICT, party of the second part; - WHE REAS , the Bozeman Refuse Disposal District was created under the provisions of Chap. 69 of the Revised Codes of Montana, 1947, for the purpose of acquiring a land fill dump for the City of Bozeman; WHEREAS, the City of Bozeman has heretofor entered into an agreement with Alton J. McIlhattan and Katherine o. McIlhattan to purchase certain lands situate in Gallatin County, Montana, for the purpose of maintaining and operating thereon a land fill dump, a copy of which agreement, marked Exhibit "A" is attached hereto and by this reference made a par't hereof; WHEREAS, the City of Bozeman has assigned its interest in an option contract to purchase a land fill dump to Bozeman Refuse Disposal District; and, WHEREAS, the City of Bozeman has the equipment, facilities and manpower to operate and maintain said land fill dump, to collect refuse within the City of Bozeman and the area of said district, and to levy and collect fees for collection and disposal service. NOW, 'rHEREFORE, it is hereby mutually understood and agreed by and between the parties hereto as follows: l. The City of Bozeman will operate and maintain said land fill dump. 2. The City of Bozeman will collect all garbage and refuse within the Bozeman Refuse Disposal District. ., The City of Bozeman will collect all service fees J. levied and assessed by the Bozeman Refuse Disposal District for the collection and disposal of garbage and from the / proceeds thereof pay the cost of acquiring and operating said . . , ;.. . ..- ", ~ , ' . ", ' . . RESOLUTION OF INTENTION Section 1 Declaration of Intention It is hereby declared to be 'the intention of the Board of County Commissioners of Gallatin County, Montana, to create a refuse disposal district in accordance with Section 69-6001, and subsequent sections of the Revised Codes of Montana, 1947. Section 2 Name The district shall be known and designated as the Bozeman Refuse Disposal District. Section 3 Necessity To defray the initial cost of purchasing land for refuse disposal in a sanitary land-filled dump, and to provide Bozeman, Montana with proper storage, collection and disposal of refuse to avoid the spread of disease, air pollution and water pollution. Section 4 Description Said refuse district will include the corporate limits of the city of Bozeman, Montana as the same exists ~ at the time of the adoption of thi. Resolution of Intention. l . - .. , . ~ , ""Il. iA ''? ",\Gi1737 . ' , land disposal and the cost of garbage collection. 4 . That Bozeman Refuse Disposal District, in consideration of the services to be performed by the City of Bozeman as herein set forth, hereby agrees: a. To pay the cost of acquiring said land fill disposal dump by paying the mon-thly installmen'ts due to Alton J. McIlhattan and Katherine o. McIlhattan under the terms of said option contract of purchase, out of the moneys received from the service fee levied pursuant to Chapter 69 of the Revised Codes of Montana, 1947. b. To make, execute and deposit in escrow at First National Bank in Bozeman a deed conveying said land fill dump to the City of Bozeman, Montana, to be delivered out of escrow upon final payment of option contract balance to J. Alton McIlhattan and Katherine o. McIlhattan. IN WITNESS WHEREOF, the parties hereto have, through -their duly appointed and qualified officers executed this Agreement .r. in triplicate the day and year first a ve written. .. CITY F party of -' , ATTEST: By (~.,.'. (....'1 .,,/ (-(~ ';// C fe;k'r'~,}: :.:(~~?~~tt;~i s sion \~," , ' . ,.' ~" ,." ,< '" . ;' - ' .- BOZErN REFUSElJISPOSAL ,.{HSTRICT, part' _ of the seCond par:t, \ I !,' Ii I' 'i.......,/ J" I , , i . i I -11, r"-i-/. .' 11 A'rTEST: By I ,'I: i,I'} , I . " "._ ,I. ( 'Qh." . _ I .. a1.rman ~ f (" \) \ i i .._'.4" ,...." .,,I.J , ..,../~~",.,.,.:iI'~-(:.~' .:: ("; -'-/", ,-' ((( 'I / " / ;/ Secretary , _._~ " ''''. INDEXED .,' '~~n...'.I."",'>'!I,~_~ ",,~.,,! .,.", FLATTED 1/1 State of Mont.. County of G~"ilatln. 58 Filed for record__ . (' n I" ' A ~~ uS"t 13 -y ~1 e 70 .t. _~ :)'\Ll'...___M.. and recorded In Book 7 o~:~~t.l.l:!\!~ O() U 0 _pagLW 6 , ,CA_~~_.1.~." ;?_I~__CJS..X~_,_-__Recorder. By . _._ _.___~t:1'!-W~-.Depvh' Rt: City of Bozeman - Attn: Frvslie