Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-06-15
NUMBER 1856.
An Ordinance for the Establishment and
Maintenance of asewer System In Butte


City.
Be it ordained by the City Council; o
sEcrIoN1 /. That Butte City be, and it i
| hereby, divided into three sewer districts
as follows, to-wit:
That portion OF said City, lying. situate
and being east Of Main street, in said city
together with all property fronting OIL
Main street, shall be and constitute seweI
district number one.
That portion OF said city, lying: situat.
and being east Of the line of Montans
[@street. and west of the line Of Main street
in said city, exclusive Of all property front
ing on said Montana street, and exclusive
of all property fronting On said Main street
shall be and constitute sewer district mum
Der two.
That portion OF said city, lying
situate and being west OF b line
of Montana street, inclusive of all
property fronting on Montana street,
shall be and constitute sewer district mum.
Der three.
Sec. 2. The City Council OF said city
shall have the power to establish and
maintain, at any time, any general OF
special system or systems OF sewers ior
said city, or for any sewer district or dis.
| +ricts into which said city is, or may here.
after be divided; and to alter or change
such system or systems Of sewers, in such
| manner as may to said council seem ex-
| pedient.
Sec. 8. The City Council may, upon be.
ing presented with a petition signed by the
| owners OF real property representing
in ownership one,fourth or more OF the
front feet of property fronting upon any
street in said city, by ordinances, order a
common sewer to be constructed upon the
street named in said petition, or upon any
part thereof,
Provided: That a O sewer shall be ordered
constructed under the provisions OF this
ordinance, unless the same be ordered to
be constructed throughout, from the point
Of beginning to an outlet.
SEC. 4. The cost of constructing, altering
and maintaining any common sewer or
sewers, to be constructed, altered or main
tanned under the provisions II this ordin-
ance, as nearly as can be ascertsined, to.
gether with the necessary expenses OF max
ing the assessment, shall be assessed by the
city council upon the real estate benefited
thereby, and enforced and collected in the
manner hereinafter provided,
Provided: That the city council may
order the constructing, altering or main.
tanning OF main sewers or such part OF
them, or such proportion of the cost there
of, as said council may deem expedient, to
be paid by said city at large, or from a dis
trict sewerage fund, in each OF the said
sewer districts, wherein said sewer or sew
ers, ordered to be constructed, altered or
maintained, may be located, or out OF
such fund as may be properly %appropria-
ted by said council for the purpose, under
such regulations as said council shall pre-
scribe,
Provided: That at least one-half of the
cost of constructing, altering or maintain
ing any such sewer or sewers shall, in all
cases, be paid by a tax assessed and levied
by said city council upon the real property
benefited thereby; and whenever assess
ments are made upon the real estate bene-
flied, for the partial or entire cost
and expense OF constructing, al
tering or maintaining any sewer
or sewers constructed, altered or
maintained by virtue OF the provisions
OF this ordinance, such assessments, when
collected, shall be placed by the city coun-
Gil to the credit of the fund from which the
cost of the work was paid.
See. s.. Fol the purpose OF payment OF
the expenses OF constructing, altering and
maintaining any sewer or sewers ordered
to be constructed, altered or maintained
under the provisions OF this ordinance, and
for the purpose OF payment OF the expenses
OF making the assessment, the city council
may, by resolution, levy and assess the
whole or any part not less than one
half OF said expenses as q tax upon such
property as they shall determine is specih'
cally benefited thereby, making therein q
list thereof, in which shall be described
every lot or parcel OF land so assessed,
with the name OF the owner thereof, II
known, and the amount levied thereon set
opposite; such resolution, signed by the
mayor and clerk, shall be published once in
each week for two weeks in a newspaper
published regularly in said CITY, and q no.
tice Herewith that at a certain time there.
in stated the council will meet, at their reg
ular place OF meeting, and hear all ob!ec-
tions which may be made to such assess
ment, or any part thereof; at the time so
fixed the council shall meet and hear all
such objections, and for that purpose may
adjourn from day to day, and may, by res
~olution, modify such assessment in whole
or in part. At any time before the first oil
August thereafter any party liable moy pay
such tax to the city treasurer; on such first
day OF August, if any such tax remain un'
| paid, the clerk shall certify a copy OF such
resolution to the county clerk OF Silver
Bow county, with a certificate OF the oity
treasurer attached, showing what
taxes thereby levied remain unpaid
| and said county clerk shall pu,
the same, with five per cent. additional
| upon the tax roll, in addition to, and 81
part of, all other city taxes therein levleo
| upon such land. to be collected Herewith
| and to be paid to the city treasurer, upor
| the receipt of the same by the treasurer o
said county, in the same as othel
tai money received by said county treas
urer for the benefit OF said city.
Sec. 6. Whenever the council shall ordel
a sewer or sewers constructed, as PROVIDED
by section 3 OF this ordinance, the council
shall cause the work OF constructing tn
same to be done under contract i'll writing
! and to that end, shall cause to be published
in one or more of the newspapers published
in said city, a notice inviting sealed pro
posals from persons desiring to contrac'
with the city for the construction OF SAT-
sewer or sewers; said notice to state tn
amount of work to be done, the n IL
which the same shall be done, the tim,
within which the same is to be completed
and the time at which the council will &C
upon said proposals; said proposals to b.
opened at a meeting OF the council, and tn
contract to be awarded to the lowest re
sponsible bidder, who shall give bonds witt
good and sufficient s~ureties, to be approved
by the mayor and city attorney OF salt
| city, conditioned for the faithful perfor
nance of all work contracted to he per
formed: and conditioned to indemnify tn
city for any damages caused, directly o
indirectly, by the acts OF said contracto
in the construction Of said sewer or sewers
Provided, however, that the council shal
have the right to reject any and all blds
and to order the republication OF an.
notice.
SEC. Z. The city engineer of said city
hereby appointed a superintendent OF sew
ers, who shall have charge OF the %construc
ton Of all common sewers ordered TO o
constructed by the city council; he shall, a
all times, have the general supervision Q
all sewers owned by the city, or permltte'
to be built or opened by it's authority; Tn
said SUPERINTENDENT shall, when a comtnol
sewer is ordered to be built or repaired, as
certain it's depth, breadth, mode.of construt
ton, grade and general direction, togethe
with its location, depth below the suriac
of the ground, and its outlet; and sha
cause q plan thereof TO be made and en-
tered, with all said particulars, in a boo
or books to be kept Tor tina
nurpose in the Office OF the cit
clerk: and said superintendent
shall, from time to time, ascertain ana II
sert on said plan all entries made lnto' Q