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Resolution 5632 - Utilities Agreement - KBP - Three Mile Drive0= TURNI1! RESOLUTION 1 OF EXECUTE UTILITIES AGREEMENT NO, NH 15(100) FOR KALISPELL BYPAS PROJECT DRIVE, FEDERAL AID PROJECT!' 15(111)9 WITH THE STATE OF iTHROUGH DEPARTMENT OF ! 1 WHEREAS, the State of Montana proposes to construct/reconstruct a public highway as part of the Kalispell Bypass Project (KBP), Three Mile Drive, Federal Aid Project No. NH -MT 15(111), in Flathead County, State of Montana; and WHEREAS, the public highway to be constructed/reconstructed is over and near the present highway right-of-way known as Kalispell Bypass where certain water and sanitary sewer facilities are in conflict with the construction of the public highway; and WHEREAS, the State of Montana and the City of Kalispell agree that it is necessary and in the public interest of all parties that some of the existing utility facilities be adjusted, repaired, replaced, and relocated; and WHEREAS, the State of Montana seeks to enter into an agreement with the City of Kalispell to reimburse the City of Kalispell for certain costs incurred with the relocation of water mains, sewer mains, and appurtenant items in connection with the Kalispell Bypass Project (KBP), Three Mile Drive, Federal Aid Project No. NH -MT 15(111). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. It is hereby resolved by the City Council of the City of Kalispell that Utilities Agreement No. NH 15(100), for the Kalispell Bypass Project (KBP), Three Mile Drive, Federal Aid Project No. NH -MT 15(111), with the State of Montana, acting by and through the Department of Transportation, is approved; and the City Manager of Kalispell is hereby empowered and authorized to execute said Agreement. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS 5TH DAY OF AUGUST, 2013. ATTEST: A f7 Theresa White City Clerk Kari S . Gabriel City Council President