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05. Improvements at Meridian & IdahoCITY CONSTRUCTION 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. WITNESSETH: THAT, WHEREAS, the State proposes to construct and/or reconstruct a certain highway in and through the City, said construction being known as Federal Aid Project No. STPHS 1-2(77)120, and WHEREAS, said construction will be over and upon the intersection of Idaho Street and Meridian Road. WHEREAS, the State is desirous of receiving Federal funds for said construction of said highway, and WHEREAS, the Federal Highway Administration of the U. S. Department of Trans- portation 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 and Federal Highway Administration 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. 4-15-85 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 51-4-410, 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 lighting 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 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 2 Rev. 4-15-85 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 Federal Aid 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. Rev. 4-15-85 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 Marvin Dye Director of Transportation I:1 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. 4-15-85 RESOLUTION It is hereby resolved by the Council of Kalispell that the City Agreement of Federal Aid Project No. STPHS 1-2(77)120 with the State of Montana, acting by and through the Department of Transportation, 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. DATED this day of , 19_ ATTEST: (City Clerk) MAW:D:CP:8.dlm-1 (Councilman) (Councilman) (Councilman) (Councilman) (Councilman) (Councilman) (Councilman) (Councilman) (Councilman) (Councilman) 5 Rev. 4-15-85