Resolution 3456 - Federal Aid Project PMS 4140(63)- 5 -
R E S 0 L U T 1 0 N A/0, 3 / 5-,6
CP-401
it is hereby resolved by the Council of Kalispell that the City Agreement of
Aid Project No. PMS 4140(63) with the State of Hontana, acting by and
3- Ii
!!�_augh the Department of ways, is adopted by this Council; and the Mayor of
K,41isP,L�11 is hereby empowered and authorized to execull-e said Agreement on behalf of
Uie Council of Kalispell.
Jetcd -this 7th day of March 19 83 -
T -,E S T -
Clerk)
�(Councilm_an)
(Councilman)
Councilman
, JVO'D:pz:9F
r -r the L1ndersigned, City Clerk of 'the City of Kalispell ce2�tify that the foregoing is a tr Ue
_�Y Of the Resolution passed by the City council of the CitY of Kalispell, Montana at a
"'liar Meeting held 19,f3-
City Cle he City of Kalisp�ell
LJ
.lost
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
WIIEREAS, said construction 'will be over and upon Main Street, betwecn t
;Street and Idaho Street, and
VifEREAS, the State is desirous of receiving Federal funds for said construction
vif said highway, and
WEEREAS, the Federal Highway Administration of the U. S� Department of Trans-
,ortaLion will not participate in. the construction of �said street (avenue) until and
,....Jess tbe City' will agree to certain conditions, hereinafter set forth, and
VTUEAS, this document must be duly executed and on record wi th the State a I nd
sle I
.11 dC.,Y.'a1 Ifighway Administration before the work contemplated can be awarded to con-
L�.-act, and
WILE'REAS, the City, under the provisions of Section 60-2-111, KCA, her . eb7
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 considerationi
THEREFORE, for and in 'consideration of the premises and of the coveaants
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f ei� ant- the parties hereto agree as follows:.
0) Th'at the City agrees to conform in all manners and respects to Chapter 8
_i-le 61, MCA, and has, or will adopt as a part of its ordinances all of the
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of the Uniform Traffic Code as outlined In Chapter 8 of Title 61, MCA,
sv(-rif ic 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 will' not establish a speed limit of less
I:han thirty-five (35) miles per hour outside an urban district as defined
im' 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 trafficand 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 wiih "the. "Manual on Uniform Traf-
fie Control Devices - for Streets and Highways", and :subsequent amendments
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thereto.
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109
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W 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 traf f ic 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 arid maintenance of the lighting shall be paid by the
State; however,, where an existing lighting district., which is paid for by
ity, town or special iniprovei-.qent district is replaced or upgraded, Lhe
..a c�
i-itY, , town or special improvement district shall continue paying the
of the previous payments toward the cost of operation and main-
te!'l-ace of the new or revised lighting system. If and when the cost of
or maintenance is raised by the utility company, the city, town or
SPec-1-al improvement district shall pay their proportionate share of the
rz�-te increase.
(e) That the City shall require the stopping of all traffic at all,
_X_Ilter�,-ecting streets, alleys and driveways before entering the above-
me,jitioned street (avenue), and where the City considers that such traffic
antrol creates a hazardous situation, they will request a traffic and
r.e-ring study by the State, and that the State, after such ' a study,
may aut1iorize express written modifications in the traffic control devices
a,s 111ni-- be in the public interest from a safety and convenience standpoint.
M That the City has or will P'Zss the necessary. ordinanc es or laws
to require parallel parking on the above-inentioned street (avenue); and
That the City has or will pass the necessary ordinances or laws
to fii-rbid stopping, standing,or parking a vehicle on a sidewalk, in front
cf a public or private driveway, within an intersection, on a crosswalk,
or within twenty (20) feet of a c�:osswalk on the above -mentioned street
f11:oVC:nUe); or within twenty (20) feet -of the crosswalk of any intersecting
-;Lreet at its intersection with the above --inent i oned street (avenue); and
That the City has or will -pass the necessary ordinance's or laws
to fo)�bid -stopping, standing or parking a vehicle w'�_thin ' thirty (330) feet
upon -the approach to any flashing beacon, stop sign, or traffic control
-JI&nal located at the side of the roadway of the above -mentioned street
Rev, 9-1-81
3" - CP-401
�avenue); or within thirty (30) feet upon the 'approach to any flashing
bpacon, 9top sign or traffic control signal located at the side of the
i:oadway of an intersecting street at its intersection with the above-
m?entioned street fkavenue); on the roadway side of any vehicle stopped or
parked at the edge or curb of the above -mentioned street (avenue); or upon
aiiy 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
zopy speed -zone, parking regulation or- traf f ic control device, may require the City
�_o modify or remove such exi'sting speed zone, parking regulation or traffic control
devl.ce upon said named street (avenue).
.(3) In addition to the specific' s igns, 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." C7 said
exhibit being part of this agreement.
(4) Should 'said City . incorporat . e 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.
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'ty has reviewed and approved Lhe plans and on behalf of the
'r5) That the C-_
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 th e
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
tkat a continuing traffic engineering. function is carried out on said project.
IN WITNESS tMREOF,, the Director of Highways or his authorized representative
'has hercunto subscribed his name on behalf of the State of Montana and the Mayor of
;.Ile Cit"Y Of Ka-lispell, on behalf of said City �of Kalispell, has subscribed his name'
!'Old affixed hereto the seal of said City.
DATED this 2_7;� day of
19h.
`T�
NYE 01' MONTANA, DEPARTHENT OF HIGHWAYS
J. lVicks,
P.Lv(--cLor of Highways
IL
'y
id%inistrator Engine42'ring-Division
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Rev. 9-1-81
CP-401
CITY OF KALISPELL
By �x
City..Clerk
Ir , , Naxjorie Giermam . Clerk of the City of Kalispell do
hereby certify that the above -mentioned agreement was regularly adopted by the
rouncil of Kalispell at a meeting thereof held on the _ 7th day of Na=h _,
083 ; and that the Council of Kalispell authorized -the Mayor to sign this agreement
on 'behalf of said Council.
"EXHIBIT A"
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1111111111111011fil LMID-OLOCK CROSSWALK
INDICATES NO FARKING
STOPPING,OR ST9NOING
ZONES.
0
ZO'ON THE APPROACH
TO A CROSSWALK
* 30'ON THE APPROACH TO
A 'STOP SIGGN OR SiGNALIZED.
INTERSECTION
CROSSWALK
SIDEWALK
FIRE H YDRANT
0
NO PARKING ZONES
As Defined by
MONTANA VEHI-CLE CODE
Prepared by Departr�ent of Highw"'ays