Resolution 4037 - Construction Agreement - MDOT278
RESOLUTION NO. 4037
A RESOLUTION ADOPTING A CONSTRUCTION AGREEMENT KNOWN AS STATE
PROJECT NO. RTF 1-2(60)120, BY AND BETWEEN THE STATE OF MONTANA,
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, AND THE
CITY OF KALISPELL, A MONTANA MUNICIPAL CORPORATION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE
CITY COUNCIL OF THE CITY OF KALISPELL.
it is hereby resolved by the City Council, of the City of
Kalispell that the City Agreement of State Project No. RTF 1-
2(60)120 [over and upon Idaho Street (U.S.2), beginning at the
intersection with Meridian Road Stations 361+00 and extending
northeast to Station 29+70, east of 7th Avenue], with the State
of Montana, acting by and through the Department of Highways, is
adopted by this Council; and the Mayor of Kalispell is hereby
empowered and authorized to execute said Agreement on behalf of
the Council of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE
CITY OF KALISPELL THIS 16th DAY OF March , 1992.
ATTEST:
a
Amy H. Robertson
Finance Director
r
.:-s D. Rauthe, Mayor
1
279
CITY
_CQN5TRV__CT1QN AGREEMENT
THIS AGREEMENT, made and entered into, by and between the State of Montana,
acting by and through its Department of Transportation, hereinafter called the State, and
the City of Kalispell, a Montana municipal corporation, hereinafter called the City.
$ITNEEEFTR-I:
WHEREAS, HEREAS, the State proposes to construct and/or reconstruct a certain
highway in and through the City, said construction being known as State Project No. RTF
1-2(60)120, and
WHEREAS, said construction will be over and upon Idaho Street (U.S. 2), beginning
at the intersection with Meridian Road Stations 361+00 and extending northwest to Station
29 + 70, east of 7th Avenue, and
WHEREAS, the State is desirous of receiving State funds for said construction of
said highway, and
WHEREAS, the State will not participate in the construction of said street (avenue)
until and unless the City will agree to certain conditions, hereinafter set forth, and
WHEREAS, this document must be duly executed and on record with the State
before the work contemplated can be awarded to contract, and
WHEREAS, the City, under the provisions of Section 60-2-111, MCA, hereby concurs
in the designation of the above -designated highway, and
WHEREAS, the City is desirous of having said construction done, the City deeming
such construction to be a valuable and beneficial consideration,
NOW, THEREFORE, for and in consideration of the premises and of the covenants
herein contained, the parties hereto agree as follows:
(1) That the City agrees to conform in all manners and respects to Chapter 8 of
Title 61, MCA, and has, or will adopt as a part of its ordinances, all of the provisions of the
Uniform Traffic Code as outlined in Chapter 8 of Title 61, MCA, with specific reference,
but not limited to the following matters:
(a) That the City will not pass any ordinances or laws establishing a speed
limit less than twenty-five (25) miles per hour in any urban district, as defined in
Section 61-1-410, MCA, on the above -mentioned street (avenue).
Rev. 1-15-90
M
Further, that the City will not establish a speed limit of less than thirty-five
(35) miles per hour outside an urban district as defined in Section 614-410, MCA, on the
above -mentioned street (avenue); and
The City will modify or alter such established speed limits on the above -
mentioned street (avenue) after a traffic and engineering investigation at the request of the
State.
(b) That the City will not erect any sign, signal or traffic control device that will
give preference to local routes which intersect with the above -mentioned street (avenue);
and no sign, signal or traffic control device will be erected or constructed nor shall the
establishment or modification of any speed zone, parking regulation or traffic marking which
will affect traffic on the above -mentioned street (avenue) be made without express written
permission of the State and then only after proper traffic and engineering study indicates
that such a sign, signal or traffic control device is required; and
Further, such said sign, signal or traffic control device shall be erected or
constructed in accordance with the "Manual on Uniform Traffic Control Devices for Streets
and Highways," and subsequent amendments thereto.
(c) That the City will not erect any lighting on above -mentioned street (avenue)
without express written permission of the State and then only after proper traffic and
engineering study indicates that such lighting devices are required; and
Further, that plans for such lighting installation shall be approved by the State
before erection.
(d) For lighting projects inside of incorporated municipalities, the cost of
operation and maintenance of the lighting shall be paid by the State; however, where an
existing lighting district, which is paid for by a city, town or special improvement district, is
replaced or upgraded, the city, town or special improvement district shall continue paying
the amount of the previous payments toward the cost of operation and maintenance of the
new or revised Ighting system. If and when the cost of energy or maintenance is raised by
the utility company, the city, town or special improvement district shall pay their
proportionate share of the rate increase.
(e) That the City shall require the stopping of all traffic at all intersecting streets,
alleys and driveways before entering the above -mentioned street (avenue), and where the
City considers that such traffic control creates a hazardous situation, they will request a
traffic and engineering study by the State, and that the State, after such a study, may
authorize express written modifications in the traffic control devices as may be in the public
interest from a safety and convenience standpoint.
(f) That the City has or will pass the necessary ordinances or laws to require
parallel parking on the above -mentioned street (avenue); and
2 Rev. 1-15-90
i
281
That the City has or will pass the necessary ordinances or laws to forbid
stopping, standing or parking a vehicle on a sidewalk, in front of a public or private
driveway, within an intersection, on a crosswalk, or within twenty (20) feet of a crosswalk
on the above -mentioned street (avenue); or within twenty (20) feet of the crosswalk of any
intersecting street at its intersection with the above -mentioned street (avenue); and
That the City has or will pass the necessary ordinances or laws to forbid
stopping, standing or parking a vehicle within thirty (30) feet upon the approach to any
flashing beacon, stop sign, or traffic control signal located at the side of the roadway of the
above -mentioned street (avenue); or within thirty (30) feet upon the approach to any
flashing beacon, stop sign or traffic control signal located at the side of the roadway of an
intersecting street at its intersection with the above- mentioned street (avenue); on the
roadway side of any vehicle stopped or parked at the edge or curb of the above -mentioned
street (avenue); or upon any bridge or other elevated structure upon the above -mentioned
street (avenue) or within any highway tunnel that is a part of the above -mentioned street
(avenue).
(2) Further, that the State, after a traffic and engineering investigation of any
speed zone, parking regulation or traffic control device, may require the City to modify or
remove such existing speed zone, parking regulation or traffic control device upon said
named street (avenue).
(3) In addition to the specific signs, signals and traffic control devices which may
be shown on the plans, further restrictions as to parking, stopping and speed limits are set
forth in the attached drawings labeled "Exhibit A" said exhibits being part of this agreement.
(4) The State will retain the authority and responsibility for issuing approach and
encroachment permits onto, upon or over right-of-way of said street (avenue) by party or
parties of any entity.
(5) Should said City incorporate beyond the present city limits, and such newly
annexed area include portions of this State Project not now within the city limits, then this
agreement, by reference herein, will also apply to the newly annexed area.
(6) That the City has reviewed and approved the plans and on behalf of the City
the Mayor has subscribed his name on the first sheet of said plans.
(7) That the City will continue to enforce the ordinances and/or regulations
necessary and essential for the operations of the improvements as planned.
(8) All signs required to enforce City ordinances shall be maintained by the City.
(9) The City shall maintain or cause to be maintained the sidewalks bordering the
project.
(10) That the City will continue adequate engineering capabilities to insure that a
continuing traffic engineering function is carried out on said project.
3 Rev. 1-15-90
f
IN WITNESS WHEREOF, the Director of Transportation or his authorized
representative has hereunto subscribed his name on behalf of the State of Montana and the
Mayor of the City of Kalispell on behalf of said City of Kalispell, has subscribed his name
and affixed hereto the seal of said City.
DATED this day of , 19_
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
John Rothwell
Director of Transportation
E}'
Administrator - Engineering Division
ATTEST: CITY OF KALISPELL
By
City Clerk Mayor
I, , Clerk of the City of Kalispell, do hereby
certify that the above -mentioned agreement was regularly adopted by the Council of
Kalispell at a meeting thereof held on the day of ,19 ;
and that the Council of Kalispell authorized the Mayor to sign this agreement on behalf of
said Council.
(Signature)
4 Rev. 1-15-90
11 EXHIBIT A"
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20'
30
SIDEWALK
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MID -BLOCK CROSSWALK
*INDICATES NO PARKING
STOPPINOt OR STANDING
ZONES.
* 20'ON THE APPROACH
TO A CROSSWALK.
* 30'ON THE APPROACH TO
A STOP SIGN OR SIGNALIZED
INTERSECTION.
CROSSWALK
(MARKED OR UNMARKED)
SIDEWALK
20* I
FIRE HYDRANT
NO PARKING ZONES
As Def ined by
MONTANA VEHICLE CODE
Prepared by Department of Highways
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