HomeMy WebLinkAbout70- Bozeman Refuse Disposal District Landfill Agreement
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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
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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
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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.
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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
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in triplicate the day and year first a ve written.
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party of
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ATTEST: By
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BOZErN REFUSElJISPOSAL ,.{HSTRICT,
part' _ of the seCond par:t, \
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A'rTEST: By I ,'I: i,I'} , I .
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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