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Resolution 3456 - Federal Aid Project PMS 4140(63)1 _ 5 _ RESOLUTION A/P ; .5",6 CP-401 it is hereby resolved by the Council of Kalispell that the City Agreement of ''cie al Aid Project No. PALS 4140(63) with the State of Hontana, acting by and !!r _=augh the Department, of-gliways, is adopted by this Council; and the Mayor of K,41ispe11 is hereby empowered and authorized to execu4e said Agreement on behalf of Uie Council of Kalispell. Jetcd this `nth day of March 19 83 . :.1',EST (s�a. Clerk) (Councilman) (Councilman) Councilman ,�fl'D:pz:9F rthe L=ndersigned, City Clerk of -the City of Kalispell certify that the foregoing is a true _>Y of the Resolution passed by the City Council of the City of Kalispell, Montana at a "'liar meeting held City Cle of the City of Kalispell .lost IR y. CP-401 C I T Y CONSTRUCT ION AGREEMENT THIS AGREEMENT, made and entered into, by and between, the State of Montana, acting by and through its Department of Highways, hereinafter called the State, and - the City of Kalispell,.a Montana municipal corporation, hereinafter called the City_ W I T N E S S E T H: THAT, MREAS, the State proposes to construct certain improvements on a spe- cific highway in and through the City, said construction being known as Federal Aid Project No..PMS 4140(63), and. WI'1EREAS, said construction `will be over and upon Main Street, betwecn 9th „Street and Idaho Street, and VifEREAS, the State is desirous of receiving Federal funds for said construction vi.f said highway, . and WE EREAS, the Federal Highway Administration of the U. S. Department of Trans- ,ortaLion will not participate in the construction of said street (avenue) until and ::?.:Less the City will agree to certain conditions, hereinafter set forth, and VTUEAS, this document must be duly executed and on record with the State and . t�:°.,ra:l lfighway Administration before the work contemplated can be awarded to con- e-..;: a t and WILEREAS, the City, under the provisions of Section 60-2-111, KCA, hereb7 in the designation of the above -designated highway, and �-='IMZZRIAS, the City is desirous of having said construction done, the City such construction to be a valuable and beneficial consideration; THEREFORE, for and in consideration of the premises and of the covenants fei� eantr�ir�ed, the parties hereto agree as follows: 0) That: the City agrees to conform in all manners and respects to Chapter 8 �. _le 61, MCA, and has, or will adopt as a part of its ordinances, all of the _u ; i.5aa15 of the Uniform Traffic Code as outlined in Chapter 8 of Title 61, MCA,. sv(-rific 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 dis- trict, as defined in Section 61-1-410, MCA, on the above -mentioned street (avenue). Further, that the City wily not establish a speed limit of less I:han thirty-five (35) miles per hour outside an urban district as defined b Section 61-4-410, MCA, on the above -mentioned street (avenue); and The City. will modify or alter such established speed limits on Oze above -mentioned street (avenue) after a traffic and engineering inves- tigation at the request of the State. Rev. 9-1-81 (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 traf- fic 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 Traf- fic Control Devices ;for Streets and Highways", and :.subsequent amendments 1 thereto. r'�.`- 109 1 1 (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 i-its,, town or special improvement district shall continue paying the of the previous payments toward the cost of operation and main- t€!'Lace of the new or revised lighting system. If and when the cost of �•�3'Qy or maintenance is raised by the utility company, the city, town or SPez=al improvement district shah pay their proportionate share of the rz,—te increase. (e) That the City shall require the stopping of all traffic at all, i,lter:ecting streets, alleys and driveways before entering the above- m ,jctioned street (avenue), and where the City considers that such traffic santrol creates a hazardous situation, they will request a traffic and �r.e,:ing study by the State, and that the State, after such .a study, may a utiorize express written modifications in the traffic control devices a.s t=.a be in the public interest from a safety and convenience standpoint. M That the City has or will pass the necessary. ordinanc es or laws to require parallel parking on 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 on a sidewalk, :in front c:f­ a public or private driveway, within an intersection, on a crosswalk, or within twenty (20) feet of a crosswalk on the above -mentioned street is=vc-.r Ue) or within twenty (20) feet -of the crosswalk of any intersecting sLieet at its intersection with the above --mentioned street (avenue); and That the City has or will -pass the necessary ordinances or laws to fo.r_bi.d -stopping, standing or parking a vehicle within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control sJ_ &:sal located at the side of the roadway of the above -mentioned street Rev, 9-1-$1 3"- CP-401 (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-- *?entioned 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 aazy 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 upy speed zone, parking regulation or --traffic control device, may require the City t-o modify or remove such existing speed zone, parking regulation or traffic control devl,ce 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 exhibit being part of this agreement. (4) Should said City .incorporate beyond the present city limits, and such newly annexed area include portions of this Federal Aid Project not now .within the city limits, then this agreement, by reference herein, will also apply to the newly annexed area. N% 110 iS) 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. (6) That the City will continue to enforce the ordinances and/or regulations " necessary and essential for the op,.rations of the improvements as planned. (7) All signs required to enforce City ordinances shall be maintained by the City. (8) The City shall maintain or cause to be maintained the sidewalks bordering the project. (9) That the City will continue adequate engineering capabilities to insure teat a continuing traffic engineering function is carried out on said project. III WITNESS tMRLOF,., the Director of Highways or his authorized representative 'has ?hereunto subscribed his name on behalf of the State of Montana and the Mayor of ;.Ile City of ,Kalispell, on behalf of said City �of Kalispell, has subscribed his name' told affixed hereto the seal of said City. DATED this .27i day of 19h. ;T NYE cal' MONTANA, DF..PARTHENT OF HIGHWAYS y J. lVicks : .Lv(_cLor of Highways IL ,y i rd%inistrator t Rnginecring Division 4 CITY OF KALISPELL City..Clerk Rev. 9�-1--81 CP- TD 1 I., Marjorie Giermam , 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 _7th day of March , 03; and that the Council of Kalispell authorized the Mayor to sign this agreement on 'behalf of said Council. "EXHIBIT A" O N 1 LMID-OLOCK CROSSWALK INDICATES NO PARKING STOPPING, OR ST9NOING ZONES. 0 c0' ON THE APPROACH TO A CROSSWALK * 30`ON THE, APPROACH TO A 'STOP SIGN OR SiGN'ALIZED . INTERSECTION 0 N CROSSWALK SIDEWALK J a 3 0 FIRE HYDRANT 0 M NO PARKING ZONES As Defined by MONTANA VEHI-C LE CODE Prepared by Department of Highways